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SPECIAL PROVISIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 3 (Construction Methods), Part 4 (Existing Improvements) and Part 6 (Temporary Traffic Control) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
PUBLIC CONVENIENCE
At the pre-construction meeting, the Contractor shall submit a construction schedule to the City for approval. Based on the construction schedule, the Contractor will post temporary “NO PARKING” signs in the vicinity of the work area if required and as determined by the City’s Inspector at no cost to the City. Signs shall be of the format approved by the City and be posted along the curb. Signs may be attached to existing poles, street light standards or Type-1 barricades. The “NO PARKING” signs, if deemed necessary, shall be in place not less than five working days prior to performing the work.
The Agency will require the Contractor to distribute one (1) “Public Notice” to each residence located adjacent to or across from the work. The Notice shall be distributed seven (7) days prior to the start of any work. A sample copy of the Notice must be approved by the City.
All complaints received by the City associated with the work alleging damage to private property and/or vehicles shall be responded to by the Contractor within twenty-four (24) hours of notification.
Failure to comply with this provision may result in a penalty of fifty dollars ($50.00) per occurrence per day.
All trucks which the Contractor proposes to use that exceed the legal load limit when loaded will be required to have overweight permits from the City.
The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 601 of the Special Provisions.
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SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION
306-3.1 GENERAL
Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:
a. Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or b. Subsurface or latent physical conditions at the site differing from those indicated; and/or
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
d. As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.
SECTION 400 - PROTECTION AND RESTORATION
400-1 GENERAL
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.
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SECTION 402 - UTILITIES
402-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.
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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.
Dig Alert Identification Number: ________________________________________________ Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.
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402-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate, or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.
402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
402-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings. 402-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. 402-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.
402-7 NOTIFICATION
The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:
Agency:
Phone Number:
Contact Person:
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Agency:
Phone Number:
Contact Person:
Agency:
Phone Number:
Contact Person:
SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND
MAINTENANCE WORK ZONES
The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience to adjacent properties.
The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience to adjacent properties.
All work and materials to implement construction staging and traffic control shall comply with the California Manual of Uniform Traffic Controls Device (CAMUTCD). Signs, markings, striping, barricades, delineators and all materials shall conform to applicable Caltrans standards and specifications. Arrow boards and other devises must comply with the City of Maywood requirements for nighttime noise standards at adjacent private property lines.
The use of flagmen may be required if deemed so by the Engineer. Adequate flagmen, construction sign barricades, delineators, and arrow boards shall be used to the satisfaction of the Engineer. Adequate traffic control shall be maintained at all times through the construction zone, in compliance with the California Manual on Uniform Traffic Control Devices.
It shall be the Contractor’s responsibility to notify affected businesses and residences within the project in writing within 10 days prior to the start of construction.
Traffic control through the project area shall conform to the requirements of Section 7-10, “Public Convenience and Safety,” (SSPWC).
Minimum Requirements for Maintaining Traffic Flow are:
• The Contractor shall maintain one (1) minimum ten-foot-wide lanes in each direction at all times, and left turn pockets at all signalized intersections. • Driveways - The Contractor shall maintain access to each driveway at all times unless other arrangements have been made with each property owner, subject to approval by the Engineer.
• The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac pavement may be used for this reason to allow traffic.
• The Contractor shall not be allowed to leave vertical edge over 1.50” within the street pavement when the pavement is open to traffic except along the edge of gutter. Otherwise, Lugo Park Soccer Field Rehabilitation Project
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the Contractor shall construct temporary AC transition at edges including around the edges of utility structures.
• The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall be 4:1 slope and at driveways ramped at 6:1 slope.
• The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of excavation.
• All original traffic lanes shall be restored at the end of working hours each day. • If permanent pavement markings cannot be restored by the end of the work shift in which they were obliterated, temporary markings shall be provided by the Contractor prior to leaving the job site on all streets except any street closed to through traffic. These temporary markings shall be as follows:
o Temporary lane lines and/or centerlines shall consist of day/night reflectorized raised pavement markers, approved by the City of Maywood, spaced approximately 24” apart. o Right edge lines shall not be simulated with dashes or pavement markers; however, portable delineators, guide markers, etc., may be used by the Contractor where it is considered desirable to enhance the edge of traveled way due to curvilinear alignment, narrowing pavement, etc., and shall be used when directed by the Engineer. The Contractor shall be responsible to periodically review the construction area at night to insure all lights are properly placed and operable.
o Locations where no-passing zone centerline delineation has been obliterated shall be posted by the Contractor with a sign package consisting of a C18 (23) "ROAD CONSTRUCTION (WORK) AHEAD" and R63 "DO NOT PASS".
o See other traffic requirements under other work sections. o Any deviation with these traffic requirements may be afforded only with the prior written approval of the Engineer.
o See other traffic requirements under other work sections.
Holiday Period: No reduction in the number of lanes or in lane widths on any street shall be permitted during the holiday period which begins on the Monday prior to Thanksgiving and ends on the Friday following New Year's Day.
Temporary No Parking Signs: The Contractor is responsible to post "Temporary No Parking" signs at least 5 working days in advance of the first date of enforcement. The City shall be informed before posting of signs. Parking will be restricted only for the minimum time necessary to complete on-going work.
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A. TECHNICAL SPECIFICATIONS
1. DESCRIPTION OF WORK
The Project includes, without limitation, furnishing all necessary labor, materials, equipment, and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer.
2. ADDITIONAL CONTRACTOR’S DUTIES
Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.
3. CONTRACTS
Construct entire work under one contract with the City.
4. The Specifications and Drawings are complementary, and what is called for in one shall be binding as if called for in both.
5. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
The bidder is required to carefully examine the site, the bid proposal, exhibits, plans, specifications, and contract forms for the work to be completed. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, type, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the Plans and Specifications, the Special Provisions, Technical Provisions, and the Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the bidder has made such examination. It should be noted that the examination shall include the type of existing pavements.
6. DISCREPANCIES IN THE CONTRACT DOCUMENTS
Any discrepancies, conflicts, errors, or omissions found in the Contract Document shall be promptly reported in writing to the City Engineer, who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, conflicts, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed Lugo Park Soccer Field Rehabilitation Project
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by the City Engineer, and no additional payment or time shall be allowed therefor, except as provided in the Standard Specifications.
If discrepancies are discovered between the drawings and the specifications, and no specific interpretation is issued prior to the bidding, the decision regarding this interpretation shall rest with the City Engineer. The Contractor shall be compelled to act on the City Engineer's decision as directed. In the event the installation is not in compliance with the direction of the City Engineer, the installation shall be corrected by and at the expense of the Contractor at no additional cost to the City.
In case of such discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing/constructing the discrepancy that would have the highest dollar value.
7. ERRORS AND OMISSIONS
If the Contractor, in the course of the work, becomes aware of any claimed errors or omissions in the contract documents or in the City's field work, it shall immediately inform the City Engineer. City Engineer shall promptly review the matter, and if he/she finds an error or omission has been made, he/she shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order. After discovery of an error or omission by the Contractor, any related work performed by the Contractor shall be done at its risk unless authorized by the City Engineer.
8. ALLOTTED WORKING SPACE
The Contractor shall be responsible for storing his materials and equipment and to use as work yard as necessary. The City will not allow keeping equipment, materials, vehicles, removed items, debris, etc. within this project site with no liability to the City. It shall be the responsibility of the Contractor to provide adequate fencing, security of the yard and equipment, and to restore the assigned area to its original, pre-use condition, or better, to the satisfaction of the Engineer.
9. ACCEPTANCE OF SITE
The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract.
10. SITE SECURITY AND SAFETY
The Contractor shall secure the project as well as the adjoining properties during the duration of the project.
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11. LIMITS OF WORK
Limits of work shall be the legal property boundaries of the project site unless modified by Contract limit lines indicated on the plans or as noted otherwise.
Prior to commencing work on any particular area, the Contractor shall verify and coordinate them with the Engineer to ascertain the actual limits of work.
12. The Contractor is reminded that he is responsible for the control of water through the construction area, at all times. Contractor shall utilize a City fire hydrant meter whenever he uses water, to record water use. Contractor shall be fully responsible for the City fire hydrant meter.
13. QUALITY ASSURANCE PROGRAM (QAP) & TESTING LABORATORIES All necessary materials and compaction testing, if applicable, will be performed and paid for by the City. The contractor must inform the City Engineer at least three days (3) in advance when work requiring inspection and/or testing is going to be performed.
14. FLOW, ACCEPTANCE OF WATER & STORM WATER COMPLIANCE
In such cases where trucks or equipment may be stopped on the roadway during delivery or removal of equipment, if it is anticipated that storm, surface or other waters may be encountered at various times and locations during the work herein contemplated, the Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly and Contractor by submitting his bid assumes all risk.
The Contractor shall conduct his operation in such a manner that storm, or other waters may proceed uninterrupted along the existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties, in the opinion of the engineer, are not subject to the probability of damage.
The Contractor shall submit a plan showing his method of diverting storm or other water through the project for approval prior to any diversion if it is anticipated that a diversion will be necessary during construction. The cost for a diversion of any storm or other water shall be included in the price bid for related items of work and no additional compensation will be allowed, therefore.
The Contractor shall require that:
1. Saw-cutting wastes be recovered and properly recycled or disposed offsite and that in no case shall waste be left on the roadway or allowed to enter the storm drain system.
2. Concrete and other street and road materials and wastes shall be properly managed and taken offsite to prevent discharge to the storm drain system.
3. The washout of trucks and chutes shall occur in Contractor yards and shall never be discharged to the storm drains, open ditches, streets or catch basins.
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15. DUST AND CONTAMINATED RUNOFF CONTROL
Fugitive dust must be completely controlled during all phases of the project and at all times during the project from the start of the project until the final acceptance of the work, including milling or power brooming operations. This control also includes times when work is not being performed, such as nights, weekends, and holidays when the contractor may not be working but traffic is permitted to drive on the interim roadway condition. The contractor is free to apply any means of dust control that does not create a nuisance or an environmental hazard.
Also the contractor shall insure that waste byproducts from the work are prevented from entering the storm drainage system, sanitary sewer system, or open drainage channels (including the street gutter).Such byproducts include, but are not limited to, asphalt grindings, asphalt cuttings, dirt, oils used in the paving process, oils or gasoline dripping from equipment, concrete, concrete grindings, concrete cuttings, asphalt materials, or any materials that are classified as illegal for discharge into any public or private system.
The contractor shall be responsible for payment of violations, including AQMD, City of Cudahy, Los Angeles County, or other enforcement Agency citations, whether it be for air pollution, contaminated runoff into public or private drainage or sewer systems, or any other illegal environmental act.
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16. WORK ZONE SAFETY & MOBILITY / MAINTAINING TRAFFIC
OBJECTIVE - To provide a smooth and efficient flow of traffic, while retaining public safety through the roadway work zone.
Public convenience and safety throughout work zone shall be achieved by implementing an approved traffic control plan. Two (2) weeks before starting work, the Contractor shall submit Traffic Control Plans for the City Engineer’s approval. The Contractor shall comply with the measures of the approved Traffic Control Plans. The Contractor shall notify each affected resident in person at least one (1) week in advance of starting the project and for the closing of driveways. The Contractor shall make necessary arrangement with the waste service company required to maintain trash pick-up services during the construction period.
The Contractor shall furnish, place, and maintain all temporary traffic control devices required per approved traffic control plan for safe and orderly flow of traffic during construction to include all such cases where trucks or equipment may interfere with traffic by being stopped on the roadway during delivery or removal of equipment.
All warning lights, signs, barricades, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All signs shall conform to and be placed in accordance with the current State of California Department of Transportation "Manual of Warning Signs, Lights, and Devices for use in Performance of Work Upon Highways."
The Contractor shall be responsible for all traffic control during construction.
Pedestrian traffic shall be detoured to the opposite side of the street away from the construction area whenever possible. Provisions shall be made for safe passage through construction areas were directed by the City Engineer. The Contractor shall cover allopen trenches at the end of each day to prevent any pedestrian injury.
During the hours of darkness traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20.
Reflective cone sleeves shall conform to the following:
1. Removable flexible reflective cone sleeves shall be fabricated from thereflective sheeting specified in the special provisions, have a minimum height of 13 inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves shall not be in place during daylight hours.
2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from the semitransparent reflective sheeting, have a minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of the cone.
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Traffic cones with semitransparent reflective cone sleeves may be used during daylight hours.
3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top band shall be 6 inches in height, placed a maximum of 4 inches from the top of the cone. The lower band shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones with double band reflective cone sleeves may be used during daylight hours. The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project.
Full compensation for furnishing, erecting, maintaining, and removing special detour signs and special advance notice publicity signs shall be considered as included in the contract lump sum price paid for traffic control system and no additional payment will be made, therefore.
All aforementioned special signs shall become the property of the Contractor at the conclusion of this project and shall be removed from the worksite.
Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served, and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.
Note: Must conform to Manual on Uniform Traffic Control Devices (MUTCD) and CA MUTCD California Supplement (Deviation from the “Mandatory Standards” not permitted).
17. PARKING CONTROL
If parking restrictions are required for the execution of the work the contractor shall post "temporary no parking" signs. The signs must be posted at least 48 hours in advance of the restriction and shall be the type of sign that states date and time of restriction. The sign shall be approved by the City Engineer prior to posting. The Contractor shall not nail any signs to trees. The signs shall be removed immediately after the need for the restriction has passed.
PAYMENT
All traffic control plans and requirements are included in lump sum bid item.
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18. NOTIFICATION OF PROPERTY OWNERS/OCCUPANTS
The Contractor shall notify all affected residents and/or businesses in writing twice prior to construction:
1. First notice (general information) two (2) weeks before.
2. Second notice one (1) week before, specifying the exact day/s that construction will occur, and during what hours. Said notice shall be submitted to Engineer for approval at the pre-construction meeting.”
Compensation for the aforementioned shall be paid for in the total contract price bid and no additional compensation will be allowed.
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EXHIBIT F
PROJECT PLANS
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EXHIBIT G
PROJECT SPECIFICATIONS
Lugo Park Field Improvements
July 24, 2024 SPECIFICATION OUTLINE
100% CONSTRUCTION DOCUMENTATION 00 00 00 - 1
TABLE OF CONTENTS
SECTION 11 68 33 SPORTS EQUIPMENT
SECTION 31 11 13 SITE CLEARING
SECTION 31 11 16 DEMOLITION
SECTION 31 22 13 EARTHWORK AND GRADING
SECTION 32 05 16 SYNTHETIC TURF BASE
SECTION 32 05 19 GEOTEXTILE LINER
SECTION 32 18 11 PERFORMANCE PAD
SECTION 32 18 13 SYNTHETIC TURF SYSTEM
SECTION 32 84 00 IRRIGATION
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SECTION 11 68 33
SPORTS EQUIPMENT
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Work in this section includes, but is not limited to, the provision and installation of all sports equipment including but not limited to the following with all miscellaneous hardware, foundations, footings and miscellaneous appurtenances thereto:
1. Soccer Goal Anchor
2. Outfield Fence Guard
3. Light Pole Pads
B. Related Work:
1. Earthwork and Grading
2. Synthetic Turf System
1.03 QUALITY ASSURANCE
A. Reference Standards:
1. American Society for Testing and Materials (ASTM).
2. National Federation of State High School Associations (NFHS).
B. Submittals:
1. Submit manufacturer’s product literature, technical specifications, and other data required to demonstrate compliance with specified requirements for all sports equipment.
C. Review:
1. All site accessories and locations shall be reviewed by the Architect prior to installation.
1.04 FIELD MEASUREMENTS
A. Contractor shall verify position and layout of sports equipment. Verify dimensions by field measurements.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Beacon Athletics, Middleton, WI, 800-747-5985 (www.beaconathletics.com) B. Promats Atheltics, Salisbury, NC, 800-617-7125 (www.promats.com) C. Sportsfield Specialties Inc., Delhi, NY, 888-975-3343 (www.sportsfieldspecialties.com) D. Approved equal, prior to the Bid.
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2.02 SPORTS EQUIPMENT
A. General: Provide equipment complying with requirements of NFHS rules.
1. All football goal posts, where applicable, shall include approved protective pads, with colors per owner, and shall include flags installed on the uprights.
2. All bases, and home plate, where applicable, shall include the ground anchors.
3. All batting cages shall include upright support posts and footings, as recommended by the manufacturer.
4. All soccer goals shall include nets as supplied by the goal manufacturer. All portable soccer goals shall include complete assembled wheel kits as supplied by the goal manufacturer.
B. Approved equals: All equipment specified herein is subject to approved equals as manufactured by specified Acceptable Manufacturers.
C. List of Equipment:
1. Soccer Goal Anchor:
a. Model # SG2SCC, soccer goal safety system, by Sportsfield Specialties.
2. Outfield Fence Guard:
a. Model # Standard Fence Guard, color yellow, by Beacon Athletics.
3. Light Pole Pad:
a. Model # Post Pads, min. 6’ high, 3” thick, from Sportsfield Specialties.
PART 3 - EXECUTION
3.01 JOB CONDITIONS
A. Inspection: Verify that earthwork is completed to correct line and grade. Notify Architect of any incomplete work by previous Contractors.
3.02 INSTALLATION
A. Sub-grade Preparation: Refer Earthwork and Grading, Section 312213.
B. Install all equipment per manufacturer’s recommendations and details, and as shown on the Drawings.
1. Provide four (4) total soccer goal anchors, two (2) at each goal, where shown on the Drawings.
C. Concrete foundations and footings shall be 3500 psi concrete.
D. Clean Up: The Contractor shall remove excess excavated material from the site of the work. He shall clean up and dispose of rubble and construction debris, and leave the site of the work in a condition satisfactory to the Owner.
END OF SECTION
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SECTION 31 11 13
SITE CLEARING
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for Site Clearing work as shown on the Drawings and as specified in this Section. The work includes but is not limited to:
1. Clearing and Grubbing.
B. Related work includes but is not limited to:
1. Earthwork and Grading
1.03 DEFINITIONS
A. Existing Topsoil: The top layer of existing soil in unpaved / planting areas, containing minerals and organic materials including humus, and completely free of weeds, roots, rocks/clods over one cubic inch and other objectionable material. Depth of existing topsoil shall be taken to be 2-4 inches deep on average or as determined by the Owner’s Representative at the time of construction after clearing and grubbing.
1. At turf areas, existing topsoil starts below the grass root zone.
2. At unpaved / planting areas other than turf, existing topsoil starts below the mulch layer.
PART 2 - PRODUCTS
Not Applicable
PART 3 - EXECUTION
3.01 SITE CLEARING
A. General
1. Protection measures for trees to be preserved are to be in place and reviewed by the Owner’s Representative prior to any clearing and grubbing. See Specification Section Tree Protection.
2. For removal of trees see Specification Section Tree Removal and Pruning
3. Clear and grub only areas as necessary to construct improvements shown on the Drawings.
4. Use only hand methods for grubbing inside the drip line of trees indicated to be preserved, unless otherwise approved by the Owners Representative.
B. Clearing and Grubbing
1. Remove vegetation, improvements, and obstructions protruding through the ground surface and/or interfering with installation of new construction. Removal includes complete root systems.
2. Removal of sod includes plastic netting / mesh used as sod backing.
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3. Remove all organic matter in unpaved / planting areas to be replanted, to a sufficient depth to remove such material. Replanting includes areas with mulch-only applications. The depth of removal will vary with the type and density of vegetation across the project site and with the time of year.
C. Stripping
1. Remove all vegetation and grass before stripping existing topsoil.
2. Strip existing topsoil from all unpaved areas to be improved with paving, structures, or synthetic turf. Average depth of topsoil is specified elsewhere in this Specification.
Additional topsoil may be required to be removed in localized areas to depths encountered to prevent intermingling with underlying subsoil or other waste materials.
3. Remove all vegetation matter from collected existing topsoil and stockpile for re-use in proposed planting areas unless otherwise instructed by the Owner’s Representative. See Specification Section Soil Preparation. Do not use stockpiled existing topsoil as structural fill and/or under proposed paving or synthetic turf.
3.02 CLEAN-UP
A. Disposal: Remove cleared & grubbed material, waste, unsuitable, and excess material from the Owner's property and dispose of legally or as directed by the Owner’s Representative.
END OF SECTION
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SECTION 31 11 16
DEMOLITION
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for Demolition work as shown on the Drawings and as specified in this Section. The work includes:
1. Demolition of synthetic turf, infill, performance pad, and geotextile fabric/liner.
2. Water line work
B. Related work includes but is not limited to:
1. Site Clearing
2. Earthwork and Grading
1.03 DEFINITIONS
A. Topsoil: See Specification Section Earthwork and Grading.
1.04 SUBMITTALS
A. Indicate on the project schedule submittal, proposed time for demolition work in this Section, including shut-off time and capping of utility service.
1.05 QUALITY ASSURANCE
A. Reviews: Prior to any site clearing or demolition work, prepare protection measures of items indicated to be preserved and protected for review by the Owner’s Representative.
1.06 SITE CONDITIONS
A. Occupancy: Paving areas and structures to be removed or demolished will be vacated and discontinued in use prior to the start of work.
B. Explosives: Use of explosives for demolition work is not permitted.
C. Traffic: Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied facilities without permission from Owner.
D. Protection: Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent damage to adjacent buildings, structures, other facilities, and injury to persons. See Special Provisions for additional information regarding building access.
E. Construction Fence: Contractor is required to fence site and provide an adequate level of safety and protection at all times during construction
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F. Damage: Promptly repair damages caused to adjacent facilities by demolition operations at no cost to Owner.
PART 2 - PRODUCTS
Not Applicable.
PART 3 - EXECUTION
3.01 GENERAL
A. Clearing and Grubbing: See Specification Section Site Clearing.
3.02 DEMOLITION
A. Pollution Controls:
1. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practical level.
2. Comply with governing regulations pertaining to environmental protection. Do not use water when it may create hazardous or objectionable conditions such as flooding.
3. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations, as directed by the Owner or governing authorities.
B. General: Remove above and below grade pavements, curbing and other conditions necessary to permit new construction and other work as indicated on the Drawings. Removal of underground pipe or conduit interfering with construction is included under this Section.
C. Damage: Return adjacent areas to condition existing prior to the start of the work.
D. Saw-cutting: Saw-cut all asphalt and concrete to interface with new planting or paving areas.
Concrete interfaces are to be saw-cut with a diamond tipped blade. Use the correct blade for the application as determined by the Blade Application Code for Diamond Saw Blades, 2004 edition, developed by the Masonry and Concrete Saw Manufacturers Institute.
3.03 WATER LINES
A. General:
1. Trench as required to access only those parts of the water line needed for new work.
2. Backfill and restore adjusted and adjacent areas to condition existing prior to the start of the work. Includes replacing removed turf with sod to match existing turf.
3.04 CLEAN-UP
A. Disposal Waste materials are defined as all materials generated by demolition or excavation that are not identified for salvage or re-use by the Owner. Dispose of waste materials legally off-site.
END OF SECTION
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SECTION 31 22 13
EARTHWORK AND GRADING
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for Earthwork and Grading as shown on the Drawings and as specified in this Section. The work includes but is not limited to:
1. Rough grading and excavations
2. Providing, processing, placement, and compaction of any fill materials necessary to meet the designed lines and grades.
B. Related work includes but is not limited to:
1. Site Clearing
2. Demolition
3. Irrigation
1.03 STANDARDS AND DEFINITIONS
A. Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of the State of California Department of Transportation Standard Specifications (DTSS) as they reasonably apply to this work, except for measurement and payment requirements.
B. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including:
1. D1557 Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort
2. D3740 Practice for Minimum Requirements for Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction
3. D4318 Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils C. Relative compaction: is defined as the in-place dry density of the compacted soil divided by the laboratory compacted maximum dry density determined in accordance with ASTM D1557, expressed as a percentage.
D. Finish Grade: is defined as the finished top surface of the soil after all grading and soil preparation activities, and prior to installation of mulch.
1.04 QUALITY ASSURANCE
A. Tolerances: No combination of high and low tolerances that compromise pavement cross-section shall be permitted. Final grades after compaction and/or excavation shall conform to the grades shown on the Drawings, with a maximum tolerance of 0.10 foot for non-paved areas and 0.05 foot for paved areas, plus or minus.
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B. Geotechnical Monitoring / Testing: Coordinate with the Owner’s Geotechnical Engineer for compaction testing for stone base under the new turf. At the Owner’s discretion, the Engineer may also monitor site excavations, placement of engineered fill, and trench backfill.
1.05 SUBMITTALS
A. Imported Engineered (Non-Expansive) Fill: Submit sieve analysis indicating source along with 1- gallon sample. Submit soil test indicating Plasticity Index per ASTM D4318. Testing Agency is to be accredited under ASTM D3740.
1.06 REVIEWS
A. Notify the Owner’s Representative at each stage of the operation indicated below and allow such reasonable time to observe excavation and trenching, and for testing and inspection as the Owner’s Representative may require. Do not proceed with any portion of the work until authorization has been received from the Owner’s Representative.
1. Site Preparation Review – Prior to any earthwork and grading.
2. Preliminary Review - After all rough grading is complete and sub-grade is prepared.
3. Each review shall be conducted only after all items pertaining to that review as noted above and in related Sections have been completed.
1.07 SPILLAGE AND DUST CONTROL
A. Spillage: Prevent spillage when hauling on or adjacent to any public street or highway. In the event that such occurs, remove all spillage and sweep, wash, or otherwise clean such streets or highways as required by local City and County authorities and/or the State of California, and in compliance with applicable Best Management Practices (BMPs).
B. Dust: Take all precautions needed to prevent a dust nuisance to adjacent public and private properties and to prevent erosion and transportation of soil to downstream of adjacent properties due to their work under this contract. Correct or repair any damage caused in this manner at no additional cost to the Owner.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Fill Material: Selected inorganic on-site excavated sub-soil material is considered suitable engineered fill material, subject to prior approval by the Owner’s Representative. Engineered fills should comply with the following criteria:
1. Be predominantly granular, with an organic content of less than 3% by volume and should not contain rocks or clods larger than 6-inches in greatest dimensions and not more than 15% larger than 2.5-inches.
2. Have a sand equivalent greater than 20%
3. Have not more than 15% passing the 200 sieve.
4. Have a Plasticity Index not exceeding 12 for fill under foundations and paving areas. Fill under unpaved areas, should have a Plasticity Index not exceeding 15.
B. Sand: for bedding and backfill for underground utilities including water service lines shall conform to the sieve analysis below:
Sieve Size: Percent Passing:
#30 (600 um) At least 75%
#100 (150 um) Less than or equal to 5%
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C. Topsoil: the top layer of existing soil in planting areas, containing minerals and organic materials including humus. Depth of topsoil shall be taken to be 4-6 inches deep or as determined by the Owner’s Representative at the time of construction after clearing and grubbing. See Specification Section Site Clearing / Demolition.
1. Topsoil is a [ ] type.
2. At turf areas topsoil starts below the grass root zone.
3. At planting areas other than turf, topsoil starts below the mulch and organic matter layer.
4. Soil underneath paving and aggregate base areas shall not be considered as top soil.
D. Sub-soil: the remaining existing soil on the site after clearing & grubbing, after topsoil has been removed, and after all rocks over one cubic inch and all foreign debris and organic material have been removed.
1. Soil under paving and aggregate base areas can be considered as subsoil provided contamination testing as specified elsewhere in this section indicates that it is free of contaminants that are harmful to plant growth.
PART 3 - EXECUTION
3.01 GENERAL
A. Keep all excavations (including, pits, trenches, footings, etc.) entirely free from water. Protect excavations from rain or water from any source during construction. Use suitable pumping equipment or other means as required by the conditions. Continue pumping as necessary until the completion of the project. When operations are interrupted by unfavorable weather conditions, prepare areas by grading and compaction to avoid ponding and prevent surface drainage over fill slopes, in order to avoid erosion. Grading operations for erosion control shall be as approved by the Owner’s Representative. Once excavation and grading commence, do not allow surface drainage to flow onto adjacent properties.
B. Seasonal Limits: Do not place, spread, or roll fill material during unfavorable weather conditions.
When work is interrupted by heavy rains, do not resume fill operations until field density tests indicate the moisture content and density of fill meet the specified requirements and approved by the Owner’s Representative.
C. Unusual Conditions: In the event that any unusual soil conditions are encountered during grading operations, notify the Owner’s Representative immediately. Excavate and dispose of unsuitable material encountered below the natural grade as directed by the Owner’s Representative and paid for as Extra Work. Unsuitable material is defined in DTSS Section 19 Earthwork Clause
1.01B.
D. Provide satisfactory pollution and dust abatement and control measures continuously during the course of the work.
E. Utilize reclaimed water or dust palliatives if required by the applicable Water Conservation Ordinance.
3.02 TOPSOIL STOCKPILE & PROTECTION
A. Stripping: Strip the topsoil on the site after clearing and grubbing and stockpile it for future use in this project. Install topsoil in planting and turf areas as per finish grading directions in the Specification Section Soil Preparation. Stripping depth shall be as specified herein.
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3.03 SITE PREPARATION, EXCAVATION & GRADING
A. Depressions, voids, or unsuitable material encountered shall be excavated to expose firm soil as directed by the Owner’s Representative. Backfill and compaction to design grade shall be approved by the Owner’s Representative. When earthwork or trenching conditions are determined by the Owner’s Representative to be unsuitable material, perform the work as defined in DTSS Section 19-2.02 Unsuitable Material.
B. Excavation work shall include sloping and rounding tops and ends of excavations.
3.04 FILL PLACEMENT AND COMPACTION
A. Place the fill in maximum 6-inch lifts (compacted layers) and compact the fill by mechanical means only. Fill shall be conditioned, at time of compaction, to 1% to 3% above the optimum moisture content of the soil.
1. For non-porous paving, compact each lift to minimum 95% relative compaction.
2. For porous paving, compact each lift to 90% relative compaction.
3. Carry out and document field density tests to ensure proper compaction.
4. The placement and spreading of fill materials and its processing and compaction of fill materials by flooding, ponding, or jetting shall not be permitted without the prior approval of the Owner’s Representative.
3.05 SUB-GRADE PREPARATION
A. A minimum of 8-inches of the in-place sub-grade soil shall be scarified, moisture conditioned to 1%-3% above optimum value, and compacted to a relative compaction of at least 95% under all paving, concrete slabs-on-grade, asphalt concrete pavements, and foundations/footings. This depth of densified soils is in addition to additional fill material required to bring the sub-grade to grade.
B. Compact a minimum of 6-inch of sub-grade soil in all planting areas to maximum 85% relative compaction.
C. All soft or wet sub-grade soil encountered during earthwork and grading should be stabilized prior to placement of fill and further construction. This may involve scarifying and air-drying of the soil, or excavation and replacement of the wet soil with dry soil. Obtain prior approval of proposed method of stabilization from the Owner’s Representative.
3.06 TOPSOIL PLACEMENT
A. See Specification Section Soil Preparation for topsoil installation.
3.07 FINISH GRADING
A. Finish grade all areas, including those indicated to be planted on the Drawings, and remove all rocks and clods over one cubic inch. Grade all areas smoothly and uniformly. Repair all erosion damage during the construction period.
B. Unless otherwise shown on the Drawings, all soil finish grades shall be one-inch (1”) below finish surface of walks, pavements, and curbs.
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3.08 UTILITY TRENCHES
A. General: Trenching for underground piping, electrical conduits, etc. shall be done by the trade installing the pipe or conduit.
B. Excavation: Excavate trenches to the depth required for laying pipe or conduit plus required allowance for bedding material under the pipe. Over excavated areas shall be brought back to proper grade with compacted bedding material.
1. Excavate trenches wide enough to provide adequate working space to align and lay pipe or to construct the utility trench, make up and inspect joints, and allow placing and compaction of bedding material.
2. The maximum trench width at the top of the pipe shall not exceed the pipe outside diameter plus 12- inches on each side of the pipe.
C. Bedding and Backfill: Bedding shall extend upwards from the bottom of the trench to the extent shown on the Drawings.
1. Bedding for underground utilities including irrigation and solid drain lines shall consist of sub-soil or sand as defined herein.
2. Maintain near surface soils as uniform as possible with existing upper stratum soils when backfilling in planting areas.
3. Compact backfill to equal that of the adjacent prepared sub-grade as specified herein.
3.09 EXCESS SOIL DISPOSAL
A. Excess excavation material shall be disposed of at an off-site location, disposal facility to be approved by the Owner’s Representative. Pay for any analytical testing of the excess material that may be required by the disposal facility. These tests may include
1. CAM-17 Testing Waste for Hazardous Metals
2. BTEX (Benzene, Toluene, Ethylbenzene, Xylene) Test
3. TPH (Total Petroleum Hydrocarbon) Test
END OF SECTION
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SECTION 32 05 16
SYNTHETIC TURF BASE
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Work in this section includes, but is not limited to, providing all labor, materials, and equipment necessary for the complete installation of a stable, compacted, aggregate base layer, as shown on the Drawings.
B. Related Work:
1. Earthwork and Grading
2. Synthetic Turf System
3. Geotextile Fabric
1.03 STANDARDS
A. Unless otherwise shown or specified all materials and methods shall conform to the appropriate current sections of the State of California, Department of Transportation (CALTRANS) Standard Specifications, latest active edition, referred to herein as Standard Specifications, as they reasonably apply to this work, except for measurement and payment requirements.
1.04 DEFINITIONS
A. Relative compaction or compaction: is defined as the in-place dry density of the compacted soil divided by the laboratory compacted maximum dry density as determined by ASTM Test D1557 latest edition, expressed as a percentage.
1.05 SUBMITTALS
A. Contractor shall submit sieve analyses of the stone courses specified to verify conformance to these specifications. Submittals shall include testing from a certified laboratory or Geotechnical Engineer, at compaction percentages specified, and shall verify stone materials to be 100% fractured.
PART 2 - PRODUCTS
2.01 LEVELING MATERIAL
A. Stone base materials shall be washed, 100% fractured, by mechanical means, with elongated characters on each individual particle larger than 1/4”. Materials shall be devoid of mineral fines.
All particles smaller than 1/4” shall be produced by manufactured means only. Rounded sands or aggregates are prohibited.
B. Delivery Moisture Content: Processed stone shall contain 90% to 110% of the optimum moisture content to ensure that fines do not migrate in transit or during placement and to facilitate proper compaction. The contractor shall ensure that aggregate leaving the source plant meet this Lugo Park Soccer Field Rehabilitation Project
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requirement. The contractor is required to apply water to the processed stone on site to attain and maintain this minimum moisture content.
1. Stone base materials shall not be allowed to be stockpiled on site, except for that which is end dumped on field surface to be immediately spread into place. See paragraph 3.04 B, this section.
2. Maintain moisture content throughout installation. See paragraph 3.04 B this section.
C. Leveling Material: Limestone shall not be acceptable. Stone shall conform the following sieve:
Sieve Size
Percent Passing
½ inch 100%
3/8 inch 90%
No. 4 25%
No. 8 5%
Sand Equivalent:
72+
Durability: 60+
LA Rattler (CTM# 211) 100 Revs, less than or = 9%
500 Revs, less than or = 30%
2.02 AGGREGATE BASE
A. Delivery Moisture Content: Aggregate base is to contain 90% to 110% of the optimum moisture content to ensure that fines do not migrate in transit or during placement and to facilitate proper compaction. Ensure that aggregate leaving the source plant meets this requirement. Apply water to the aggregate base on site to attain and maintain this minimum moisture content.
B. Sieve: Caltrans Standard Specifications, Section 26, Class-2, 3/4" maximum.
Sieve
Sizes
Percentage Passing
1 ½ “Maxiumum ¾ “ Maximum
Operating
Range
Contract
Compliance
Operating
Range
Contract
Compliance
2” 100 100
1 ½ “ 90-100 87-100
1” 100 100
¾ “ 50-85 45-90 90-100 87-100
No. 4 25-45 20-50 35-60 30-65
No. 30 10-25 6-29 10-30 5-35
No. 200 2-9 0-12 2-9 0-12
Quality Requirements
Test Operating Range Contract Compliance
Resistance Value CTM 301 78 min.
Sand Equivalent CTM 217 25 or greater 22 to 25
Durability Index CTM 229 (Coarse
& Fine)
35 or greater
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PART 3 - EXECUTION
3.01 SITE EVALUATION
A. Contractor to verify that cleaning operations of organic material were sufficient to prepare for subgrade preparation.
3.02 EXCAVATION
A. A single benchmark shall be established prior to any excavation and maintained by a licensed surveyor of record during the entire construction process. The site shall be excavated to subgrade depth as indicated on the Drawings and specified in Section 312213, Earthwork and Grading.
B. In the event of over-excavation, select-fill material shall be used to achieve design sub-grade elevations. Select materials shall be as specified in Section 312213, Earthwork and Grading.
C. Proof roll and mark "soft spots" for additional compaction or correction. Use static tandem drumtype roller of not less than five (5) tons weight. Proof rolling operations shall be performed in the presence of the Architect.
3.03 SUB-GRADE
A. Verification: Verify sub-grade elevations of the finished sub-grade. The elevations shall conform to the elevations shown on Drawings.
B. Work Conditions: Prior to synthetic turf base construction, the sub-grade surface shall be uniform and free of rocks, depressions, voids, and irregularities.
C. Install geotextile fabric as specified in Section 320519 Geotextile Fabric, and as shown on the drawings.
3.04 AGGREGATE BASE AND LEVELING STONE INSTALLATION
A. General: Install the stone base as shown on the Drawings.
B. Handling and Placement:
1. Maintain optimum moisture content throughout the installation process.
2. Should any separation of the materials occur, during any stage of the spreading the Contractor shall immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further separation. Double handling of materials shall not be allowed.
3. The Contractor shall utilize laser control equipment for the grading of the stone to ensure accuracy in the grade tolerances of +0" to -1/4".
4. Install processed stone base to the lines and grades shown on the drawings. Under no circumstance shall the material be pushed more than 30' from the point of discharge.
5. The Contractor shall shape the complete surface of the processed stone and continue until the deviation from the required elevation does not exceed a maximum deviation from grade of +0" to -1/4" in ten feet (10'), when measured in any direction using a 10' straight-edge.
6. Each layer shall be spread uniformly with equipment that will not cause perceptible separation in gradation (segregation of the aggregates), with a small laser controlled low ground pressure (LPG) dozer or box scraper.
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7. At the existing stone base, the Contractor may elect to use the leveling material to fill in low spots to achieve planarity. It is not intended as an entire field covering at any specific depth. Planarity is expected to be achieved on the ¾” minus permeable stone base. The leveling material is to allow for spots of depressions only.
C. Compaction and Planarity:
1. The processed stone shall be compacted to a minimum/maximum density of 95% as determined by ASTM D1557.
2. Proof-roll wherever possible and mark "soft spots" for additional compaction or correction.
Use static tandem drum-type roller of not less than five (5) tons weight. Proof rolling operations shall be performed in the presence of the Architect.
3. The finished surface shall not deviate (tolerance-to-grade) from designated compacted grade. This means that the surface shall not deviate more than 1/4" in 10' (any direction) when placed under a 10 foot straight edge. This tolerance is required over the entire field.
D. Deviations: Areas that deviate shall be marked with spray paint and corrected with the leveling material and rolled tight to achieve proper density. Such remedial actions shall be done by hand and rechecked by means of test procedures described above.
3.05 PROTECTION AND CLEAN-UP
A. Protect the installed aggregate base from contamination by the work of other trades until paving is installed.
B. Disposal: Upon completion of the work and transport excess material from the job site and dispose of in a legal manner.
END OF SECTION
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SECTION 32 05 19
GEOTEXTILE LINER
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Work in this section includes, but is not limited to, providing labor, material, and equipment necessary to install the geotextile fabric directly below the performance pad (on top of the rock base), as shown on the Drawings.
B. Related Work:
1. Earthwork and Grading
2. Synthetic Turf Base
3. Synthetic Turf System
1.03 SUBMITTALS
A. Submit a sample and product/test data of the proposed geotextile fabric prior to installation of the product.
1.04 STORAGE
A. The geotextile fabric shall be furnished in a protective wrapping which will protect the fabric from ultraviolet radiation and abrasion.
PART 2 - PRODUCTS
2.01 MATERIALS
A. The geotextile shall be:
1. Mirafi 550X, by Tencate
2. Or approved equal.
B. Other geotextiles may be submitted by a Contractor for approval. The submittal must include a sample of the proposed geotextile measuring no less than 1 square foot in area and the manufacturer's certification that the proposed geotextile meets or exceeds all requirements specified herein. All submissions must be made no later than 10 working days prior to the bid date. Geotextiles submitted after this deadline will not be accepted. Equivalency will be determined on the basis of the following:
1. The geotextile shall be a 6-8 oz. woven or non-woven product, composed of high-tenacity polypropylene yarns.
2. The geotextile shall be inert to chemicals commonly found in soil.
3. The geotextile shall conform to the Required Values* for mechanical and hydraulic properties listed below:
Property Required Value* Test Method
Tensile Strength 350-400 lbs. ASTM D-4632
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Tensile Elongation >20% ASTM D-4632
Trapezoidal Tear Strength 120-145 lbs. ASTM D-4533
Puncture Strength 1250 lbs. ASTM D-6241
Apparent Opening Size <=0.6 mm ASTM D-4751
Flow Rate 100-115 gal/min/ft² ASTM D-4491
*The Required Value refers to the minimum value, determined from any on test performed on any one sample, associated with the weaker principal direction of the geotextile fabric.
Therefore, the Required Values are absolute minimum values, not statistically derived "minimum average" or "average" values.
Tension testing machine with ring clamp; steel ball replaced with a 5/16" diameter solid steel cylinder with flat tip centered within the ring clamp.
C. The material shall be supplied in 12’ minimum wide rolls, when available.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Rock base: The geotextile shall be installed directly under the performance pad, and on top of the finished rock base, as shown on the Drawings.
B. The material shall be overlapped at all edges and head seams by 12" minimum.
C. Repair: Should the geotextile be damaged during construction, the torn or punctured section shall be repaired by placing a piece of fabric that is sufficiently large to cover the damaged area plus two feet of adjacent undamaged geotextile in all directions.
END OF SECTION
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SECTION 32 18 11
PERFORMANCE PAD
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Work in this section includes, but is not limited to, providing all labor, materials, and equipment necessary for the complete installation of the performance pad (referred to herein as the pad). Install the pad over entire stone base, as shown on the Drawings.
B. Related Work
1. Synthetic Turf Base
2. Geotextile Liner
3. Synthetic Turf System
1.03 DEFINITIONS
A. Relative compaction or compaction: is defined as the in-place dry density of the compacted soil divided by the laboratory compacted maximum dry density as determined by ASTM Test D1557 (Modified Proctor), latest edition, expressed as a percentage.
1.04 QUALITY ASSURANCE
A. Prospective bidders and/or installers of the performance pad shall be required to comply with the following:
1. The Contractor shall provide competent workmen skilled in pad installation. Sub-contract supervisory installation personnel are permitted as approved by the Architect.
2. The designated supervisory personnel on the project shall be certified by the manufacturers of the products as competent in the installation of these materials.
3. The manufacturers shall have these representatives on site to certify that the installation meets their specifications and standards.
1.05 SUBMITTALS
A. The successful bidder must submit to the owner’s representative, for the owner’s approval, the following items before the contract can be awarded.
B. Prior to the installation, the Contractor shall submit product data and a sample of all components of the pad system.
C. The Contractor shall provide, with the bid, a list of prior synthetic turf installations of similar types with pad, providing specific contacts and phone numbers.
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PART 2 - PRODUCTS
2.01 PERFORMANCE PAD
A. Acceptable manufacturers / systems, or approved equal:
1. ProPlay Sport 23 (to match existing), as available from Schmitz Foam.
2.02 GEOTEXTILE LINER
A. See section 320519 Geotextile Liner.
2.03 LEVELING FINES
A. See section 320516 Synthetic Turf Base for material and installation.
PART 3 - EXECUTION
3.01 JOB CONDITIONS
A. Existing rock base shall be completed as specified in Section 320516 Synthetic Turf Base, and as shown on the Drawings.
B. Timing of pad installation shall coincide with synthetic turf installation. No more than 20 yards of field coverage shall be installed of the pad product prior to installing synthetic turf.
3.02 LEVELING FINES INSTALLATION
A. See section 320516 Synthetic Turf Base for material and installation.
3.03 GEOTEXTILE LINER
A. See section 320519 Geotextile Fabric for product and installation.
3.04 PERFORMANCE PAD INSTALLATION
A. Install pad products per manufacturer’s instructions and as shown on the Drawings.
END OF SECTION
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SECTION 32 18 13
SYNTHETIC TURF SYSTEM
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. The work under this section includes, but is not limited to, the installation of the new (non-infilled) synthetic turf system, in-laid markings, perimeter termination, warranty, and maintenance equipment.
B. Related work includes but is not limited to:
1. Synthetic Turf Base
2. Performance Pad
1.03 SUBMITTALS
A. Installation Qualifications: The synthetic turf sub/contractor shall demonstrate experience on at least five (5) installations of the proposed material in the last year. The synthetic turf manufacturer shall certify the designated supervisory personnel on the project. A letter on the manufacturer’s letterhead shall be submitted affirming the sub/contractor as competent in the installation of the material, including seaming methods, in-laid markings, termination and proper installation of the product.
B. Synthetic Turf: The Contractor shall submit two (2) 12”x12” samples of synthetic turf proposed for this contract for approval of all colors, seaming materials, and layout of the system. The samples shall be reviewed as the product intended for use on the field. Along with the samples, product data shall be supplied, including turf product data, turf layout shop drawings with field markings and any colors, logos, and lettering.
C. Warranty: The Contractor shall submit a manufacturer’s warranty listing an eight (8) year guarantee for all labor, materials, workmanship, and services for the synthetic turf system, as specified herein.
D. Testing and Quality Control: Submit a copy of the results certified by an independent testing laboratory for the following tests performed on the synthetic turf system: All testing must be completed no more than 90 days prior to the turf installation.
Yarn Denier ASTM D-1577
Yarn Breaking Strength ASTM D-2256
Yarn Melting Point ASTM D-789
Pile Height ASTM D-418
Pile Weight ASTM D-418
Total Weight ASTM D-418
Backing Perforations ASTM D-418
Tuft Bind (without infill) ASTM D-1335
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Grab Tear Strength ASTM D-1682
Impact Attenuation ASTM F-355
Pill Burn Test ASTM D-2859
Specific Gravity ASTM D-792
Lisport Wear test
E. Maintenance and Operating Data: Submit a copy of maintenance and operating data for the synthetic turf system. Provide descriptions of all equipment recommended for the maintenance, repair, and citing activities not recommended relative to the warranty. Include maintenance recommendations for; coverings for special events, small repair procedures, minor seam repair, discussion of the precautions to be practiced, general maintenance, and uses to avoid to protect the turf system.
F. Site Acceptance: As a part of this contract, this contractor shall be responsible to oversee the installation of the base and drainage and to comment on any problems or conflicts that may be discovered. Upon completion of the base work, submit a letter confirming the site inspection has been performed, noting any discrepancies, problems and/or conflicts. A summary of certification of the acceptance of the base planarity shall be submitted. Continuing with the installation of the synthetic turf (without submittal of a written acceptance by the synthetic turf Contractor) over the base shall be considered as an approval of the base by the synthetic turf Contractor.
G. Gmax Testing Report: Perform and submit after installation of the field. See 1.08 B, C, 3, for additional information.
1.04 STANDARD SPECIFICATIONS FOR LAYOUT AND RULES
A. All markings shall be performed using selected colors of turf materials.
B. All markings and layout shall conform to the requirements set by the National Federation of State High School Associations (NFHS). See also paragraph 2.07.
1.05 DELIVERY, STORAGE AND HANDLING
A. Packing and Shipping: Deliver products in original unopened packaging with legible manufacturers’ identification. All materials shall be stored in a dry place out of the direct sunlight.
B. Bulk Materials: Deliver materials in clean, washed and covered trucks to eliminate contamination during transportation. On site stockpiling locations to be coordinated with the Owner. Stockpile only in areas free of debris and away from drainage routes. Cover all materials with plastic or geotextile if materials are to be stockpiled more than 48 hours.
C. Prior to the installation of any materials and immediately upon delivery of the synthetic turf system and components to the project site, the Contractor shall inspect/verify the following:
1. Damaged or defective items.
2. Appropriate turf pile height and roll lengths.
3. Uniformity of perforations.
4. Arrival of adhesives in sealed, dry containers.
1.06 FIELD SYSTEM HOLD HARMLESS
A. The contractor shall hold the Owner, Project Manager, and Field Consultant harmless from infringement of any current or future patent issued for the synthetic turf system, fibers, backings, Lugo Park Soccer Field Rehabilitation Project
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including performance pad (as required), installation methods and vertical draining characteristics. The successful Proposer will be required to submit a letter for consent from their surety. Surety will indemnify the requirements.
1.07 FIELD DIMENSIONS AND LAYOUT
A. The Contractor will be responsible for furnishing, setting and marking all lines, seams and markings for the field. The Contractor shall at all times maintain all necessary benchmarks and control points to locate all events and markings.
1.08 WARRANTY OF SYNTHETIC TURF SYSTEM
A. General:
1. The Contractor shall be required to issue a non-prorated guarantee for 100% of all labor, materials, workmanship, and services for the synthetic turf and markings for a period of eight (8) years, specified from a date of written acceptance of the work. This warranty will not be subject to pro-rating of the synthetic turf for any failure due to installation or materials. The turf surface wear will be determined by an independent consultant acceptable to all parties.
a. The Owner will notify the contractor in writing of any issues that require remedial work on the field area.
b. The Contractor shall respond to the notification within 48 hours of receipt and schedule any major defect or repair within 72 hours or as weather permits. c. The warranty requires that the contractor shall be required to perform all required repairs in a permanent and suitable manner as deemed necessary to maintain a safe playing condition at all times.
d. The warranty requires that in case of any major repair or replacement, the contractor is to schedule such work as to not interfere with the Owner’s primary use or schedule.
e. Any replacement or repair area shall match (as close as possible) the appearance of the existing turf.
f. Failure to service the requirements of this warranty will be charge to the contractor. g. Any defect caused by delamination, peeling, normal abrasion or raveling that is not in original conformance with the testing specifications shall be repaired or replaced at no cost to the Owner during this guarantee period.
2. In addition to the Contractor’s warranty, the contractor shall be required to submit the following documents in regard to the guarantee:
a. Provide an EIGHT (8) year warranty for the turf product from the manufacturer for all work performed under this contract.
b. Provide an EIGHT (8) year warranty for the fibers from the fiber manufacturer for all work performed under this contract.
c. Provide an EIGHT (8) year surfacing manufacturer and installer written guarantee for the synthetic turf.
d. Documents shall be submitted to the Owner prior to final payment.
3. The Contractor will be responsible for all tests that fail the specification. The Owner reserves the right to submit the surface to the above tests at any time during the length of the guarantee. Consideration will be given to the time and use of the surface.
4. This warranty does not cover excessive wear of the surface caused by misuse. The Owner will be given an instructions and caretaking procedures before final acceptance. This is to follow the maintenance guidelines as specified by the surfacing manufacturer.
5. The Warranty/Guarantee shall cover, in general, the usability of the turf system (and pad as required); accessories use characteristics and suitability of the installation. All items covered by the warranty are to be replaced or repaired with new materials, including installation at the sole expense of the warranting contractor for a period of eight (8) years Lugo Park Soccer Field Rehabilitation Project
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to the Owner from the date of substantial completion. The field materials shall be guaranteed for the designated uses as follows:
a. Marching Band
b. Football
c. Soccer
d. Physical Trustees exercises
e. Physical Trustees activities
f. Lacrosse
g. Field Hockey
h. Rugby
i. Pneumatic rubber tired maintenance and service equipment j. Pedestrian traffic and other similar uses
6. A principal of the applicable firm, duly authorized to make contracts, shall sign the turf contractor warranty. The term “contractor” contained herein means the firm furnishing the warranty. “Owner” is _______________. If the turf manufacturer of the synthetic turf system is not the same entity as the contractor, the warranty shall be co-signed by the manufacturer and the installation contractor.
B. Form of Warranty of the Synthetic Turf System
1. Contractor hereby warrants to the Owner, subject to the limitations and conditions set forth below, that its synthetic turf system consisting of the synthetic turf described as ____________________, the shock-absorbing under-pad (if necessary) described as _________________, and the adhesives used in the installation, are free from defects in material and workmanship and shall, for a period of eight (8) years from the date of acceptance by the Owner, remain serviceable for the activities as listed above.
2. Contractor warrants to the Owner that its synthetic turf materials shall not fade, fail, shrink, wrinkle or reflect excessive wear. Contractor shall, at their sole expense and cost, replace such areas of the synthetic turf system not performing to these standards for the life of the warranty.
3. Definitions:
a. The term “not fade” in the context of this warranty shall mean that the synthetic turf material remain a uniform shade of green or the other colors installed with no significant
b. The term “not fail” or “excessive wear” as used in the context of this warranty shall mean that the length and weight of the face yarn or pile material in the synthetic turf surface shall not have been decreased by more than 8% per year according to ASTM D418, nor exceed 20% during the warranty period. In the event that the synthetic turf materials do not retain its fiber height or shock absorbency and is consequently no longer serviceable during the warranty period, the Contractor shall, at their sole expense, replace such portions of the system that are no longer serviceable.
c. The term “serviceable” in the context of this warranty shall mean that the synthetic turf material shall have a maximum ‘”G” force value according to Procedure A, B, or C of ASTM F355, not exceed 110 G’s at any location upon installation and shall not exceed 140 G’s thereafter throughout the life of the warranty period. This shall be determined by conducting dynamic cushioning tests at the six field locations as required per ASTM F355 procedures. “G” force factor values to be determined at 70 degrees F. Any increase from 110 G’s to allowable 140 G’s maximum shall be at a relatively uniform rate not to exceed 10 G’s in any single year.
4. Where applicable, the fabric shall adhere firmly and completely to the under pad or seaming tape over the entire warranty period.
5. Contractor warrants to the Owner that the permeable synthetic turf system shall drain vertically a minimum of 14 inches precipitation per hour for a maximum of 24 hours continuously, without visible surface ponding.
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6. Contractor shall replace with new materials, at their sole expense, any damage to the synthetic turf system, which extends more than one meter beyond the location of foreign combustibles, which may ignite, and fire-damage the synthetic turf system. The Contractor shall not be held responsible for any incidental or consequential damages. These warranties and the Contractor’s obligations here-under are expressly conditioned upon; a. The Owner making all minor repairs to the synthetic turf system upon the discovery of the need for such repairs.
b. The Owner maintaining and properly caring for the synthetic turf system in accordance with the Contractor’s maintenance manual and instructions. c. The Owner complying with the dynamic and static load specifications established by the Contractor.
7. The warranty is not to cover any defect, failure, damage or undue wear in or to the synthetic turf system caused by or connected with abuse, neglect, deliberate acts, acts of God, casualty, static or dynamic loads exceeding Contractor’s recommendations.
8. Contractor shall examine the synthetic turf system at least once per year or in regards to any claim that the Owner makes to be present at any time, to analyze the results of all tests conducted by the Owner or others, and to conduct such tests of their own. Contractor shall not be responsible for any costs or expenses incurred by the Owner or others with respect to such tests, except the Contractor shall pay for costs of all tests and analysis conducted or directed by their representative. The annual testing will be at the expense of the Contractor and the results delivered to the Owner within 60 days of the testing.
9. In the event the Contractor does not respond to the Owner’s written notice within 10 days of receipt of the notice or does not submit, schedule and execute corrective work within 60 days (weather permitting), the Owner has the option of having the work performed at the expense of the Contractor.
10. The Contractor will be given 7 days notice in the form of a certified letter notifying the Contractor of the end of the 60 day scheduling period.
11. Sample form of warranty herein set forth is a suggested for use for the work under this section. Manufacturers’ standard form of warranty may be used provided conditions specified herein are incorporated. All claims by the Owner under this warranty must be made in writing to the Contractor’s address within 30 days after the Owner learns of the defect, giving rise to the claim. This warranty shall constitute a contract made in the State of California and shall be governed by the laws of that State.
PART 2 - PRODUCTS
2.01 SYNTHETIC TURF
A. The synthetic turf system shall be a vertically draining, permeable system consisting of a grasslike pile that shall be tufted into a double layer synthetic backing. The final coating shall be a polyurethane based material. All components must utilize North American extrusion. No materials in relation to yarn can come from overseas (Europe, Asia, Vietnam, China, etc) All yarns must be extruded in North America, and all raw polymers secured and produced in North America.
B. The synthetic turf shall be per section 2.05 and 2.06. Approved systems:
1. Tencate All Sport Ultra. Contact: Lawrence Hamocon, VPG, at 808-421-7080.
2. Sporturf. Contact: Greg Holloway 706-671-0029. [email protected] C. The entire system shall be resistant to weather, insects, rot, mildew, fungus growth and be nonallergenic and non-toxic. The entire system shall be constructed to maximize dimensional stability, to resist damage and normal wear and tear from its designated uses and to minimize the ultra-violet degradation.
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D. Include all labor, materials, equipment, transportation and services to install the complete, allweather synthetic turf system.
2.02 DYNAMIC CUSHIONING REQUIREMENTS OF THE SYNTHETIC TURF SYSTEM A. See paragraph 1.08 B, 3, c.
2.03 PERMEABILITY REQUIREMENTS OF THE SYNTHETIC TURF SYSTEM A. The combined turf system and pad shall drain vertically at a minimum of 14 inches of precipitation per hour for 24 hours continuously, without visible surface ponding.
2.04 SYNTHETIC TURF PILE SURFCE
A. The pile surface shall provide good traction in all types of weather with the use of conventional “sneaker type shoes” and composition, molded sole athletic shoes. The pile surface shall be suitable for both temporary and permanent line. Markings and permanent markings using a rubber base paint where applicable.
2.05 SYNTHETIC TURF SYSTEM MATERIAL COMPONENTS
A. Pile fibers shall resemble freshly grown, natural grass in appearance, texture and color (except for the color turf for markings).
B. Fibers shall be a combination of parallel slit film fibers and semi-textured and textured monofilament fibers.
C. The fibers are tufted through a two layer (one woven and one non-woven) synthetic backing material. K29 backing required.
D. The final coating, or secondary backing, shall be a moisture cured polyurethane. This backing shall be not less than 20 ounces. Latex backing material is not acceptable. The secondary backing, or polyurethane coating, shall be uniform and monolithic when cured.
E. If sewn, all turf seams shall be constructed of reinforced backing material or sewn with high strength polyester fiber cord. Sewn seams shall be a “double loop stitch” (bagger seams are not acceptable) type seam.
F. All glued seams shall have a 12” wide seaming tape of nylon or Mylar, fully coated with adhesive.
All seams shall not have any adhesive applied to any exposed fibers. All graphics or markings can be in-laid or cut-in.
G. All turf shall be perforated for drainage after the final backing coating. The perforations shall be not less than 1/4” in diameter and have a uniform spacing of not more than 4” on center.
Perforations shall be complete and full diameter for a minimum of 95% of each roll.
H. Any on-site perforations are to be inspected prior to installation of the product.
I. The turf shall be constructed and installed in minimum widths of 15 feet with no longitudinal or transverse seams, except for inlaid lines with a finished roll assembly. The seams shall be 15’-0” apart. Rolls that do not comply with the proper length or conform to the seaming diagram as submitted prior to the installation, shall be rejected from the site. No fitted pieces will be allowed to true alignment.
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2.06 TURF PERFORMANCE AND TEST REQUIREMENTS
1. Melting Point ASTM D789 128 degrees C.
2. Specific Gravity ASTM D792 .950 to .960
3. Breaking Strength ASTM D5034 Length 274 lbs./ft.
Width 395 lbs. /ft.
4. Coefficient of Friction ASTM D5034 Dry 1.15 Wet 1.00
5. Pill Burn Test ASTM D2859 8 Passed/0 Failed
6. Tuft Bind (without infill) ASTM D1335 9 lbs./sq.ft.
7. Pile Height ASTM D418 1.25” minimum, finished
8. Fiber Face Weight ASTM D418 100 oz./sq. yard total
9. Gauge Width ASTM D418 3/8”
10. Fiber Thickness ASTM D418 Slit film: 100 microns min Monofilament 145 microns min
11. Secondary Backing ASTM D418 20 oz. Non-filled Polyurethane (CLEAR)
12. Primary Backing CRB Polyester/Polypropylene/Mattex Fabrics, or equal
13. Total Product Weight: 125 oz/sy minimum
2.07 LINES AND MARKINGS
A. All lines and markings shall be installed as shown on the Drawings, and shall include all incidental markings required by the NFHS that may not be shown on the Bid and Shop Drawings.
B. All lines and markings shall be uniform in color, providing a sharp contrast with the turf color and shall have sharp and distinct edging. Markings shall be true and shall not vary more than 1/2” from specified width and location. Manufacturer is to guarantee that the synthetic fiber is adaptable to painted lines.
2.08 ADHENSIVE MATERIAL
A. Adhesive material to adhere the synthetic turf shall be:
1. 34-G adhesive as manufactured by Synthetic Surfaces, Inc. of Scotch Plains, NJ.
2. StaBond (one part adhesive), By StaBond adhesive, Gardena, CA.
3. Mapai Ultrabond PU 1K(single component), Mapai, Deerfield Beach, FL.
4. The adhesive shall be applied at the rate not to exceed 60 square feet per gallon.
B. The adhesive shall have the same warranty period as the synthetic turf system. All adhesives used in bonding the system together shall be resistant to moisture, bacterial and fungus attacks, and resistant to ultra-violet rays at any location upon installation.
PART 3 - EXECUTION
3.01 OWNER TESTING
A. The Owner reserves the right to submit any material, either before or after installation to any testing it deems necessary to satisfy the conditions of this contract.
B. Any material tested and found not in compliance with the contract will be rejected and replaced with material conforming to the specifications. This will be done at the sole expense of the contractor.
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C. Any testing performed by the Owner will be at the Owner’s expense. The contractor is responsible for the cost of all testing that fails.
3.02 TURF INSTALLATION
A. Perform all work in strict accordance to the drawings, shop drawings and manufacturer’s specifications and instructions.
B. Verification: The Contractor is responsible for the inspecting, verifying and completing all installed work of this section.
C. Weather Permitted Conditions: The Contractor shall not perform any work if any of the following conditions exist;
1. Ambient air temperatures are below 45 degrees F.
2. Material temperature falls below 45 degrees F.
3. Rain is forecast or falling
4. Conditions exist or are pending that will be unsuitable to the installation of the system.
D. Seams:
1. All panel seams shall be securely sewn using a double stitch bagger seam and/or glued to a backing material of nylon or mylar.
2. All panel seams spacing are to be held to a minimum of 15 feet unless prior approval of seaming diagram indicates a lesser panel.
3. All inlaid areas shall have full fastenings and no loose areas. At no time can pulling on the section separate the material.
4. All seams and inlaid areas shall be brushed thoroughly.
E. Turf Edges and Termination: All edges and ends of the turf shall be secured to the perimeter nailer. This termination shall be as detailed in the drawings and specifications. The turf shall be attached directly to the nailer utilizing galvanized fabric studs, placed at 8” intervals. The contractor shall submit a shop drawing of this termination detail prior to any work on the site.
3.03 LINES, MARKINGS AND IN-LAID TURF
A. See drawings for locations, widths, and colors of lines, in-laid turf, and (if applicable) logos.
3.04 GROOMING
A. After installation of the turf, all the lines, and perimeter termination, the Contractor shall groom the entire surface, slowly and deliberately. The speed of the grooming operation shall be no more than 2 miles an hour, to properly blossom the turf fibers and remove any wrinkles. Grooming shall be done with a minimum of 5 passes.
3.05 SURPLUS MATERIALS
A. Supply the additional following materials upon completion of installation:
1. Remnant turf material as accepted by the Owner.
2. Fifty linear feet of primary line color in 4-inch width.
3. Ten linear feet of secondary line color, logo and lettering colors in 4-inch width.
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3.06 TRAINING
A. Provide one four-hour onsite training session for the Owner’s maintenance staff for proper use of new or existing field maintenance equipment and proper long-term maintenance of synthetic turf system for warranty compliance. Training session shall be coordinated through the Owner.
Installer shall provide a small field utility vehicle suitable for towing maintenance equipment to demonstrate how equipment works for training session.
3.07 FINAL INSPECTION, SITE PROTECTION, AND GENERAL CLEANUP A. Final inspection: Once installation is complete, the entire surface shall be inspected, with particular attention to seams and edge attachments, by the Contractor, Project Inspector, Owner and Architect. Corrections shall be noted and rectified prior to Substantial Completion. Lines shall be checked for straightness, correctness and installation. Each sport lines and correct dimensions shall be verified. Entire area shall be checked for wrinkles, and planarity deficiencies.
B. The Contractor shall take special care to protect all field and stadium structures and utilities C. The site shall be kept clean and free of debris throughout the installation. Empty barrels, sacks, bags, and remnant materials shall be appropriately and legally stored or disposed of daily. Usable remnant materials of turf shall become property of the Owner. Store as directed by the Owner.
D. After completion of the entire project, all debris remaining that is not a part of the final project shall be removed from the site.
END OF SECTION
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SECTION 32 84 00
IRRIGATION
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section.
1.02 DESCRIPTION OF WORK
A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for the installation of a complete and operational automatic Landscape Irrigation system as shown on the Drawings and as specified in this Section. The work includes:
1. Trenching, excavation, backfill including base and backfill materials.
2. Connection to existing mainline.
B. Related work includes but is not limited to:
1. Earthwork and Grading
1.03 STANDARDS & DEFINITIONS
A. Unless otherwise shown or specified, all materials and methods shall conform to the applicable current sections of:
1. National Sanitation Foundation (NSF) Standard 61 Drinking Water System Components
2. California Code of Regulations (CCR) Title 24 Part 5 California Plumbing Code (CPC)
3. California Code of Regulations (CCR) Title 24 Part 3 California Electrical Code (CEC)
4. State of California, Department of Transportation (CALTRANS) Standard Specifications (DTSS), except for measurement and payment requirements.
5. South Coast Air Quality Management District's (SCAQMD) Laboratory Methods of Analysis for Enforcement Samples Method 316A for VOC content of PVC, CPVC, and ABS pipe cements, and adhesives.
B. ASTM International Standards (latest revisions) as they apply to this work and as referenced in this Specification, including related test methods:
1. D1557 Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort
2. D1784 Specification for Rigid PVC Compounds and Chlorinated Polyvinyl Chloride (CPVC) Compounds
3. D1785 Specification for Polyvinyl Chloride Plastic Pipe, Schedules 40, 80, and 120
4. D2241 Specification for Polyvinyl Chloride Pressure-Rated Pipe (SDR)
5. D2287 Specification for Non-rigid Vinyl Chloride Polymer, Copolymer Molding, &Extrusion Compounds
6. D2464 Specification for Threaded Polyvinyl Chloride Plastic Pipe Fittings, Schedule 80
7. D2466 Specification for Polyvinyl Chloride Plastic Pipe Fittings, Schedule 40
8. D2467 Specification for Polyvinyl Chloride Plastic Pipe Fittings, Schedule 80
9. D2564 Specification for Solvent Cements for Polyvinyl Chloride Plastic Piping Systems
10. D2609 Specification for Plastic Insert Fittings for Polyethylene Plastic Pipe
11. D2672 Specification for Joints for IPS PVC Pipe Using Solvent Cement
12. D2737 Specification for Polyethylene (PE) Plastic Tubing
13. D2855 Standard Practice for Making Solvent-Cemented Joints with Polyvinyl Chloride Pipe and Fittings
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14. D3350 Specification for Polyethylene Plastics Pipe and Fittings Materials
15. F656 Specification for Primers for Use in Solvent Cement Joints of Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings
16. F690 Standard Practice for Underground Installation of Thermoplastic Pressure Piping Irrigation Systems
17. F1498 Specification for Taper Pipe Threads 60° for Thermoplastic Pipe and Fittings
18. F1970 Specification for Special Engineered Fittings, Appurtenances or Valves for use in PVC or CPVC Systems
C. ANSI / AWWA Standards (latest revisions) as they apply to this work and related test methods.
D. All materials and methods shall conform to the applicable standards of the following organizations:
1. American Society of Irrigation Consultants (ASIC) Design Guidelines for Earth Grounding Electronic Equipment in Irrigation Systems
2. American Society of Mechanical Engineers (ASME) Standards
3. American Welding Society (AWS) Specifications
4. Copper Development Association: Copper Tube Handbook.
5. Manufacturers Standardization Society (MSS) Standards
6. National Electrical Manufacturers Association (NEMA) Standards
7. Underwriters Laboratories (UL) Standards
E. Relative compaction: is defined as the in-place dry density of the compacted soil divided by the laboratory compacted maximum dry density determined in accordance with ASTM D1557, expressed as a percentage.
F. Slope: as defined for installation of sub-surface drip irrigation, emitters low-flow bubblers, and tree bubblers on the uphill side of a plant or tree is any gradient in excess of 5%.
1.04 QUALITY ASSURANCE
A. Materials: All materials shall be new and of the best quality available unless otherwise specified.
Manufacturer shall be clearly marked on all material, containers, or certificates of contents for inspection.
B. Codes: Install and test irrigation system in accordance with applicable codes and manufacturer's specifications
C. Guarantee: Guarantee irrigation system installation for 12-months from the date of acceptance by the Owner.
D. Warranty: All products supplied will be supplied with a 12-month warranty, unless otherwise noted.
1.05 SUBMITTALS
A. General:
1. Product data: all specified irrigation equipment, including any proposed substitutions.
B. Close-out Documentation: As specified elsewhere in this Specification Section
1.06 REVIEWS
A. Review – Main-line layout, trenching, pressure-test, flushing of main-line. Valve box and quick coupler locations.
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B. Final Review: after completion of work.
C. If not part of a regularly scheduled Owner-Architect-Contractor site meetings, then specifically request the above reviews at least (5) five days in advance prior to progressing with the work.
D. Each review will be conducted only after all items pertaining to that review as noted above and in related Sections have been completed.
1.07 DELIVERY, STORAGE AND HANDLING
A. General: Exercise care in loading, unloading, storage, and handling of pipe, fittings, and irrigation equipment.
B. Remove any pipe / fittings that have been cracked, dented, or otherwise damaged from the site.
If installed, replace pipe / fittings with undamaged pipe / fittings as directed by the Owner’s Representative at no additional cost to the Owner.
PART 2 - PRODUCTS
2.01 PLASTIC PIPE AND FITTINGS
A. Unless otherwise noted:
1. Lateral lines: Schedule-40 PVC, solvent weld joints.
2. Mainline up to 2” diameter: Schedule-80 PVC, solvent weld joints.
3. Lateral line threaded / solvent weld fittings: Schedule 40 PVC.
4. Mainline threaded / solvent weld fittings and unions: Schedule 80 PVC.
5. Risers and nipples: Schedule 80 PVC, molded thread. Machine threaded nipples will not be permitted.
2.02 CEMENTS, SEALANTS, AND PRIMERS
A. Unless otherwise noted:
1. Pipe Thread Sealant: low VOC, slow-drying, soft-setting multi-purpose sealant, Weld-On All Seal by IPS Corporation or approved equal. Do not use Teflon / PTFE tape.
2. PVC cement: low VOC, high strength, heavy bodied, medium setting, solvent weld cement, ASTM D2564, Weld-On 711 by IPS Corporation or approved equal. Do not use fast setting cements.
3. Primer: low VOC, industrial strength primer, ASTM F656, Weld-On P-70 by IPS Corporation or approved equal.
4. Paint: Krylon Fusion spray paint for plastics, for PVC pipe only where approved by the Owner’s Representative to be installed above grade.
5. PVC Flex-hose glue: low VOC, medium bodied, fast setting solvent cement, ASTM D2564, Weld-on 795 Flex-PVC cement or approved equal.
6. Ensure that cans of solvents and primers have labels intact and stamped with the date of manufacture. Do not use cans dated over 1-year old. Do not thin solvents and primers.
2.03 SAND
A. Bedding sand for irrigation mainlines:
Sieve Size: Percent Passing:
#30 (600 um) At least 75%
#100 (150 um) Less than or equal to 5%
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2.04 SLEEVING
A. Sleeves: As shown and/or noted on the Drawings and specified elsewhere in this Specification Section.
2.05 MARKING TAPE
A. General: Christy’s 3-inch-wide detectable marking tape - blue with black text “Caution Irrigation Line Buried Below”.
2.06 VALVE BOXES
A. General: Pre-cast plastic with bolt-down covers free of all cracks, chips or structural defects.
1. Size: valve boxes as required by equipment plus adequate clearance to operate valves and remove assemblies for maintenance – unions at the ends of the assemblies should be fully accessible by hand. For drip irrigation valves, size the box so that with the filter assembly mounted sideways or pointing down as shown on the Drawings, the cover and filter insert can be easily removed for cleaning. Box size suggestions, to be verified in field:
a. Remote control valve only: standard size box
b. Remote control valve with shut-off valve: standard size box c. Drip irrigation valve assembly only: standard size box d. Drip irrigation valve assembly with shut-off valve: jumbo sized box
2. Rodent screen: welded wire mesh, hot-dip galvanized, size as shown on the Drawings.
3. Color: unless otherwise noted on the Drawings: Green for turf areas. Black for shrub / groundcover / mulch areas.
B. Models / Types:
1. Shrub / groundcover / mulch areas: Carson, Rainbird PVB Series, NDS Standard Series (Commercial) or approved equal.
2. Turf areas: ribbed / reinforced lids capable of withstanding the loads of ride-on lawn mowers. Carson TrussT Line, Rainbird VB Series, NDS Pro Series Plus or approved equal.
3. Vehicular paving: concrete with traffic rated lids.
2.07 IRRIGATION EQUIPMENT
A. General: Supply and install irrigation equipment as shown on the Drawings, or approved equal.
PART 3 - EXECUTION
3.01 GENERAL
A. Acceptance of Work: Complete site grading to specified tolerances before trenching. Verify the existing conditions on site and the removal and or reinstallation required making the grades.
B. Existing Utilities: Verify location of all on site utilities prior to trenching. Notify Owner’s Representative by telephone and in writing of any conflicts prior to installation. Restore damaged utilities as directed by the Owner’s Representative at no additional cost to the Owner.
C. Coordination: Coordinate trenching as required with trenching contractor as well as with any other trades affected by irrigation installation. Coordinate installation of pipe and other irrigation equipment with other existing and proposed utilities and planting locations.
D. Grading: Install all irrigation features to their finished elevation and at depths indicated.
E. Finish Grade: Unless otherwise noted, set all heads at and perpendicular to, finish grade.
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F. As-Built Conditions: regularly update a print of the system and any changes made to the system throughout the project. See Valve Stationing requirements elsewhere in this Specification.
G. Unusual Conditions: Immediately notify the Owner’s Representative in the event that any unusual soil conditions are encountered during irrigation trenching operations. Excavate unsuitable material encountered below the natural grade and dispose of as directed by the Owner’s Representative. Unsuitable material is defined in Section 19 Earthwork Clause 1.01B of the CALTRANS Standard Specifications.
H. Hazardous Materials: In the event existing asbestos pipe is encountered and needs to be modified and/or removed, comply with the requirements of Federal (OSHA) regulations, and California Code of Regulations Title 8 (Cal/OSHA).
3.02 INSTALLATION – TRENCHING & PIPE
A. Point of Connection: below grade. Connect to existing mains and plumb remaining irrigation system.
B. Excavation:
1. Depth – excavate trenches for mainline, sleeves, and laterals to the depth required for laying pipe or conduit, plus depth of additional bedding if required as noted below.
2. Level bottom of trenches for a smooth flat grade, and excavate bell holes where necessary to ensure that pipe rests for entire length on smooth, solid ground.
3. For pipes 4” dia. and less: depth of pipe and bedding as shown on the Drawings
4. For pipes greater than 4” dia. – depth of pipe and bedding as shown on the Drawings, or 6” below bottom of pipe whichever is greater.
5. Width – excavate trenches wide enough to provide adequate working space to align and lay pipe or to construct the trench, make up and inspect joints, and allow placing and compaction of bedding material.
a. Maximum trench width at the top of the pipe is the pipe outside diameter plus 12- inches on each side of the pipe.
b. Multiple pipes in a joint trench require 12-inches beyond the outermost pipes on each side.
6. Additional bedding: Should rock or other unsuitable material be encountered, excavate to 6" below bottom of pipe and replace with well tamped and compacted approved backfill material or sand before laying pipe.
7. Maintain excavations free of water while installing pipe and until backfilled.
8. Install marking tape on all sections of mainline.
C. Bedding: Install bedding upwards from the bottom of the trench to the extent shown on the Drawings.
1. Bedding material for any trench including a mainline: compacted sand as specified elsewhere in this Specification.
2. Bedding material for trenches with lateral lines and/or electrical conduits only: approved backfill material as noted below.
3. All bedding is to be compacted to the same requirements as backfill. Mechanical compaction may be necessary to achieve this required density.
D. Backfill: Cover no joints until system has been pressure tested and approved by the Owner’s Representative.
1. Backfill material: selected on-site excavated/sub-soil material, imported sandy soils, subject to prior approval by the Owner’s Representative. Backfill with potentially damaging rocks and debris is not permitted.
2. When piping has been installed, tested, inspected, and approved, backfill excavations in layers not exceeding 8"(loose thickness prior to compaction). Moisten and machine tamp as required.
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3. Planting areas including mulch only areas:
a. Below the top 6-inches: backfill material as specified b. In the top 6-inches, use on-site adjacent near surface soils and remove all rocks and clods over 1 cubic inch, as well as all construction aggregates and construction gravel. In turf areas, remove all rocks over ½ cubic inch. c. Install backfill and compact in layers noted above to maximum 85% relative compaction for the full depth of the trench, with the exception of slopes greater than 3:1 or engineered embankments which require 90% relative compaction below the top 6-inches of soil.
d. At existing planting areas maintain upper layer of backfill as uniform as possible with upper stratum of existing soils. Restore the ground to the pre-construction condition.
4. Paving areas:
a. Backfill material as specified or aggregate base matching that under paving. b. Condition backfill at time of compaction, to 1% to 3% above the optimum moisture content of the soil, and compact each lift to minimum 95% relative compaction. c. At existing paving areas, restore the paving to the pre-construction condition.
5. After backfilling, remove surplus soil from the Owner's property and dispose of legally or as directed by the Owner’s Representative.
E. Pipe: pipes shown parallel on the Plan may be installed in a common trench. Where required, snake pipe from side to side when trench exceeds 30 feet in length.
1. Install pipes in planting areas including those shown schematically adjacent or parallel to such areas.
2. Install all changes in depth of pipe using 45 degree fittings.
F. Sleeves: install sleeves for all wiring and irrigation lines to be placed (with ends clearly marked above grade) under driveways and walks prior to their construction.
1. Install sleeves minimum 24” under paving.
2. Extend sleeves a minimum of 12-inches into planting areas.
3. Install all wiring in a separate sleeve.
4. Install temporary PVC caps to prevent intrusion of earth/debris prior to installation of pipes / wire.
5. For longer lengths of sleeve (> 15’-20’) with multiple pipes, consider installing pipes along with sleeve and connecting later.
6. Install removable non-decaying plugs, expanding insulation foam, grout, or equal, at ends of sleeves and conduits to prevent entrance of earth and roots.
G. Fabrication: Install all manifolds in a neat and orderly manner, for ease in maintenance operations. Install manifolds to allow valve boxes to be parallel to each other and to adjacent walls, walks, and curbs. Cuts and joints shall be free of burrs, smooth and minimum in quantity.
H. Flushing of System: After installation of pipes and risers, but before installation of sprinkler heads, tree bubblers, and/or drip irrigation emitters, thoroughly flush the system to remove any foreign material in the pipes.
1. Flush the system in the presence of the Owner’s Representative.
2. Flush mainline and sprinkler portions of the system using full water main pressure.
3. Flush drip irrigation filters prior to flushing downstream drip irrigation using drip system design pressure.
4. Flush downstream drip irrigation via flush ports using drip system design pressure.
5. After flushing, backfill and settle soil. Rake smooth to match surrounding grade.
3.03 INSTALLATION – EQUIPMENT
A. General: Install irrigation equipment as shown on the Drawings Lugo Park Soccer Field Rehabilitation Project
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B. Valve Boxes: Install valve boxes so that the top of box is ½” above finish grade in turf areas and 1-½” above finish grade in mulched areas. Install valve box assembly in ground cover / shrub and not in hard paved areas. Install in lawn area only if groundcover does not exist adjacent to lawn.
1. Install valve box so that it does not rest on or touch the pipe or equipment in any way.
2. Label valve box lids with the valve station number / ID# using a weather resistant method.
Plastic valve box lids may be labeled using a branding tool / branding iron.
3. Install a Valve ID tag, with the valve station number clearly marked with weatherproof method, to each remote control valve, attached by means of a weatherproof tie.
3.04 PRESSURE TEST
A. General:
1. Notify the Owner’s Representative a minimum of two (2) working days prior to pressure test.
2. Furnish all equipment and temporary connections required for tests at no additional cost to the Owner.
3. Exercise caution in filling the system to prevent excessive surge pressure and water hammer.
4. Test pipe subject to continuous water pressure (pressure lines) at 125 lbs. of hydrostatic pressure for two hours with a maximum 5 PSI drop.
5. Repair any leaks, if necessary, and re-test.
6. Have the Owner’s Representative visually inspect the pressure gauge at the start and end of the test period, without which the test will not be approved.
B. Closing in Un-inspected Work: Pay all costs necessitated by requiring opening, restoration and correction of all work closed in or concealed before inspection, testing as required and approval by Owner’s Representative. Notify Owner’s Representative 48 hours in advance of required testing.
3.05 HARDWARE
A. Provide the Owner at the in-service meeting the following:
1. Quick Couplers – 2 quick coupler key / hose swivels
3.06 CLEAN-UP
A. Keep the project area clean on a daily basis, removing debris from the site.
END OF SECTION
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EXHIBIT H
PROJECT CUTSHEETS
365 South Holland Drive Pendergrass, GA 30567
Tel +1 706 693 2226 www.tencategeo.us
Solmax is not a design or engineering professional and has not performed any such design services to determine if Solmax’s goods comply with any project plans or specifications, or with the application or use of Solmax’s goods to any particular system, project, purpose, installation, or specification.
FGS000014 ETQR19
MECHANICAL PROPERTIES TEST METHOD UNIT
MINIMUM AVERAGE
ROLL VALUE
MD CD
Grab Tensile Strength ASTM D4632 lbs (N) 270 (1202) 270 (1202) Grab Tensile Elongation ASTM D4632 % 15 15
Trapezoid Tear Strength ASTM D4533 lbs (N) 100 (445) 100 (445) CBR Puncture Strength ASTM D6241 lbs (N) 1000 (4450)
MAXIMUM OPENING SIZE
Apparent Opening Size (AOS) ASTM D4751 U.S. Sieve (mm) 40 (0.425)
MINIMUM ROLL VALUE
Permittivity ASTM D4491 sec-1 0.05
Flow Rate ASTM D4491 gal/min/ft² (l/min/m²) 4 (163)
MINIMUM TEST VALUE
UV Resistance (at 500 hours) ASTM D4355 % strength retained 70
PHYSICAL PROPERTIES UNIT ROLL SIZE
Roll Dimensions (width x length) ft (m) 12.5 x 360 (3.8 x 110)
17.5 x 258 (5.3 x 78.7)
Roll Area yd² (m²) 500 (418)
Roll Weight lbs (kg) 208 (94)
MIRAFI 550X
MIRAFI® 550X is a woven geotextile composed of polypropylene fibers, which are woven into a stable network such that the fibers retain their relative position. MIRAFI 550X is inert to biological degradation and resists naturally encountered chemicals, alkalis, and acids. MIRAFI 550X meets AASHTO M288 Strength Classes 2 % 3 for Elongation < 50%.
TenCate Geosynthetics Americas (A Solmax Company) is accredited by Geosynthetic Accreditation Institute – Laboratory Accreditation Program (GAI-LAP).
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Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Industrial Ball Valves
Socket Style SR Threaded Style 6" Lever Handle Style
Pressure Rating @ 73°F (23°C), Water
1/2" - 4" 235 psi
6" - 8" 150 psi
All Flanged 150 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Rated for Vacuum Service
Note: Standard 6" Valve uses lockout type Lever-Style Handle for proper leverage. Non-locking T-Handle is more compact, but will increase difficulty of operation.
True Union 2000 Industrial Ball Valves have Built-in Handle Lockouts (except 6" T-Handle Option) All Valves Assembled with Silicone-Free, Water Soluble Lubricant Contact Spears® for Pricing on Custom Elastomer Seals
See Ball Valve Accessories & Repair Kits Section for Additional Options and Features PVC Industrial
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded & Socket Ends
1/2 1829-005
49.69 1839-005
55.27 1 18 600
3/4 1829-007
58.80 1839-007
65.41 1 18 600
1 1829-010
70.02 1839-010
77.99 1 12 600
1-1/4 1829-012
96.86 1839-012
123.64 1 8 600
1-1/2 1829-015
116.67
1839-015
129.52 1 8 600
2 1829-020
153.96
1839-020
169.54 1 4 600
Socket Ends
2-1/2 1822-025
295.95
1832-025
401.01 1 0 601
3 1822-030
390.18
1832-030
433.54 1 0 601
4 1822-040
659.24
1832-040
732.49 1 0 601
6 1822-060
1424.09
1832-060
1580.38 1 0 612
8 1822-080
1894.05
1832-080
2101.91 1 0 612
8" Venturied valves are 6" ball valves fitted with 6x8 end connector adapters.
Threaded Ends
2-1/2 1821-025
295.95
1831-025
401.01 1 0 601
3 1821-030
390.18
1831-030
433.54 1 0 601
4 1821-040
659.24
1831-040
732.49 1 0 601
6 1821-060
1424.09
1831-060
1580.38 1 0 612
SR Threaded Ends
1/2 1821-005SR
50.75 1831-005SR
56.36 1 18 600
3/4 1821-007SR
61.36 1831-007SR
68.00 1 18 600
1 1821-010SR
72.59 1831-010SR
80.56 1 12 600
1-1/4 1821-012SR
104.58
1831-012SR
131.37 1 8 600
1-1/2 1821-015SR
124.98
1831-015SR
137.82 1 8 600
2 1821-020SR
162.95
1831-020SR
178.36 1 4 600
2-1/2 1821-025SR
320.13
1831-025SR
425.16 1 0 601
3 1821-030SR
414.37
1831-030SR
457.72 1 0 601
4 1821-040SR
687.47
1831-040SR
760.73 1 0 601
6 1821-060SR
1464.37
1831-060SR
1620.63 1 0 612
PVC Industrial
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Spigot Ends
1/2 1827-005
49.69 1837-005
55.27 1 18 600
3/4 1827-007
58.80 1837-007
65.41 1 18 600
1 1827-010
70.02 1837-010
77.99 1 12 600
1-1/4 1827-012
96.86 1837-012
123.64 1 8 600
1-1/2 1827-015
116.67
1837-015
129.52 1 8 600
2 1827-020
153.96
1837-020
169.54 1 4 600
2-1/2 1827-025
295.95
1837-025
401.01 1 0 601
3 1827-030
390.18
1837-030
433.54 1 0 601
4 1827-040
659.24
1837-040
732.49 1 0 601
6 1827-060
1424.09
1837-060
1580.38 1 0 612
Flanged Ends
1/2 1823-005
71.08 1833-005
75.81 1 8 600
3/4 1823-007
90.04 1833-007
97.95 1 8 600
1 1823-010
108.98
1833-010
117.21 1 8 600
1-1/4 1823-012
127.97
1833-012
142.17 1 8 600
1-1/2 1823-015
161.16
1833-015
175.36 1 4 600
2 1823-020
256.61
1833-020
272.17 1 0 600
2-1/2 1823-025
473.91
1833-025
481.75 1 0 601
3 1823-030
523.81
1833-030
650.35 1 0 601
4 1823-040
1053.20
1833-040
1220.83 1 0 601
6 1823-060
2242.47
1833-060
2600.11 1 0 612
8 1823-080
2982.48
1833-080
3458.14 1 0 612
8" Venturied valves are 6" ball valves fitted with 6x8 end connector adapters.
PVC 6" Industrial T-Handle Valve Option (Non-Locking)
NOTICE: T-Handle is more compact, but will greatly
increase difficulty of operation.
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Socket Ends
6 18226-060
1424.09
18326-060
1580.38 1 0 612
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
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Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Industrial Ball Valves & True Union 2000 Industrial Vented/Bleach Ball Valves True Union 2000 Industrial Ball Valves
PVC 6" Industrial T-Handle Valve Option (Non-Locking)
NOTICE: T-Handle is more compact, but will greatly
increase difficulty of operation.
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded Ends
6 18216-060
1424.09
18316-060
1580.38 1 0 612
SR Threaded Ends
6 18216-060SR
1464.37
18316-060SR
1620.63 1 0 612
Flanged Ends
6 18236-060
2242.47
18336-060
2600.11 1 0 612
True Union 2000 Industrial Vented/Bleach Ball Valves
Pressure Rating @ 73°F (23°C), Water
1/2" - 4" 235 psi
6" 150 psi
Flanged 150 psi
Same True Union 2000 Industrial Ball Valve with Special Ball Vent Design for Sodium Hypochlorite (Bleach) and other Chemical Applications where entrapped fluids may form caustic crystalline residues and pressure build up from gases developed. Valve has a 1/8" vent hole in ball to equalize internal fluid pressures. Install valve with ball vent on the pressure (upstream) side when in closed position.
All Valves assembled with Silicone-Free, Water Soluble Lubricant Contact Spears® for Pricing & Availability on Custom Elastomer Seals. See Ball Valve Accessories & Repair Kits Section for Additional Options and Features
PVC True Union 2000 Industrial Vented/Bleach Ball
Valves
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded & Socket Ends
1/2 1829V-005
58.45 1839V-005
65.06 1 18 600
3/4 1829V-007
69.17 1839V-007
76.94 1 18 600
1 1829V-010
82.39 1839V-010
91.75 1 12 600
1-1/4 1829V-012
113.97
1839V-012
145.45 1 8 600
1-1/2 1829V-015
137.25
1839V-015
152.38 1 8 600
2 1829V-020
181.12
1839V-020
199.46 1 4 600
Socket Ends
2-1/2 1822V-025
348.17
1832V-025
471.76 1 0 601
3 1822V-030
390.18
1832V-030
510.03 1 0 601
4 1822V-040
659.24
1832V-040
861.75 1 0 601
6 1822V-060
1675.42
1832V-060
1975.46 1 0 612
SR Threaded Ends
1/2 1821V-005SR
59.72 1831V-005SR
66.32 1 18 600
3/4 1821V-007SR
72.18 1831V-007SR
79.99 1 18 600
1 1821V-010SR
85.41 1831V-010SR
94.79 1 12 600
1-1/4 1821V-012SR
123.04
1831V-012SR
154.54 1 8 600
1-1/2 1821V-015SR
147.04
1831V-015SR
162.16 1 8 600
2 1821V-020SR
191.71
1831V-020SR
209.82 1 4 600
PVC True Union 2000 Industrial Vented/Bleach Ball
Valves (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
SR Threaded Ends
2-1/2 1821V-025SR
376.62
1831V-025SR
500.19 1 0 601
3 1821V-030SR
487.51
1831V-030SR
538.48 1 0 601
4 1821V-040SR
808.78
1831V-040SR
894.98 1 0 601
Flanged Ends
1/2 1823V-005
83.76 1833V-005
89.47 1 8 600
3/4 1823V-007
105.95
1833V-007
115.22 1 8 600
1 1823V-010
128.21
1833V-010
137.87 1 8 600
1-1/4 1823V-012
150.56
1833V-012
206.28 1 8 600
1-1/2 1823V-015
189.60
1833V-015
206.28 1 4 600
2 1823V-020
301.89
1833V-020
320.20 1 0 600
2-1/2 1823V-025
557.54
1833V-025
566.75 1 0 601
3 1823V-030
616.24
1833V-030
765.09 1 0 601
4 1823V-040
1239.06
1833V-040
1436.28 1 0 601
6 1823V-060
2638.22
1833V-060
3058.95 1 0 612
Made in the U.S.A. NOT FOR DISTRIBUTION OF COMPRESSED AIR OR GAS Page 230 Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 200 of 235 Page 716 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Industrial 3-Way Ball Valves
Pressure Rating @ 73°F (23°C), Water
Maximum Service Temperature
1/2" - 2" 235 psi
2-1/2" - 4" 150 psi
Flanged 150 psi
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Vertical 3-Way or Horizontal Diverter Design
(No Branch Shut-off)
All Standard Carton Quantities are one
All Valves assembled with Silicone-Free,
Water Soluble Lubricant
See Ball Valve Accessories & Repair Kits Section
for Additional Options and Features
Ball Port Options
Ball port options viewed from top of valve
Horizontal Diverter Valve
Vertical 3-Way Valve
PVC Horizontal Diverter Ball Valves
Material EPDM FKM
Disc
Code
Joint Socket SR Thread Spigot Flanged Socket SR Thread Spigot Flanged Size Ball
Port
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
1/2
L-Port 5022L1-005
102.54
5021L1-005SR
105.85
5027L1-005
102.54
5023L1-005
209.43
5032L1-005
111.22
5031L1-005SR
116.24
5037L1-005
111.22
5033L1-005
218.79 615
T-Port 5022T1-005
102.54
5021T1-005SR
105.85
5027T1-005
102.54
5023T1-005
209.43
5032T1-005
111.22
5031T1-005SR
116.24
5037T1-005
111.22
5033T1-005
218.79 615
3/4
L-Port 5022L1-007
122.29
5021L1-007SR
126.36
5027L1-007
122.29
5023L1-007
219.13
5032L1-007
131.63
5031L1-007SR
135.73
5037L1-007
131.63
5033L1-007
231.24 615
T-Port 5022T1-007
122.29
5021T1-007SR
126.36
5027T1-007
122.29
5023T1-007
219.13
5032T1-007
131.63
5031T1-007SR
135.73
5037T1-007
131.63
5033T1-007
231.24 615
1 L-Port 5022L1-010
148.27
5021L1-010SR
152.26
5027L1-010
148.27
5023L1-010
312.32
5032L1-010
163.35
5031L1-010SR
167.40
5037L1-010
163.35
5033L1-010
341.42 615
T-Port 5022T1-010
148.27
5021T1-010SR
152.26
5027T1-010
148.27
5023T1-010
312.32
5032T1-010
163.35
5031T1-010SR
167.40
5037T1-010
163.35
5033T1-010
341.42 615
1-1/4
L-Port 5022L1-012
171.86
5021L1-012SR
179.63
5027L1-012
171.86
5023L1-012
590.69
5032L1-012
193.32
5031L1-012SR
201.44
5037L1-012
193.32
5033L1-012
625.67 615
T-Port 5022T1-012
171.86
5021T1-012SR
179.63
5027T1-012
171.86
5023T1-012
590.69
5032T1-012
193.32
5031T1-012SR
201.44
5037T1-012
193.32
5033T1-012
625.67 615
1-1/2
L-Port 5022L1-015
200.95
5021L1-015SR
213.94
5027L1-015
200.95
5023L1-015
608.53
5032L1-015
220.00
5031L1-015SR
232.98
5037L1-015
220.00
5033L1-015
636.42 615
T-Port 5022T1-015
200.95
5021T1-015SR
213.94
5027T1-015
200.95
5023T1-015
608.53
5032T1-015
220.00
5031T1-015SR
232.98
5037T1-015
220.00
5033T1-015
636.42 615
2 L-Port 5022L1-020
246.51
5021L1-020SR
259.48
5027L1-020
246.51
5023L1-020
790.23
5032L1-020
287.39
5031L1-020SR
301.48
5037L1-020
287.39
5033L1-020
829.91 615
T-Port 5022T1-020
246.51
5021T1-020SR
259.48
5027T1-020
246.51
5023T1-020
790.23
5032T1-020
287.39
5031T1-020SR
301.48
5037T1-020
287.39
5033T1-020
829.91 615
2-1/2
L-Port 5022L1-025
831.12
5021L1-025SR
867.49
5027L1-025
831.12
5023L1-025
1387.52
5032L1-025
883.79
5031L1-025SR
920.15
5037L1-025
883.79
5033L1-025
1626.02 615
T-Port 5022T1-025
831.12
5021T1-025SR
867.49
5027T1-025
831.12
5023T1-025
1387.52
5032T1-025
883.79
5031T1-025SR
920.15
5037T1-025
883.79
5033T1-025
1626.02 615
3 L-Port 5022L1-030
848.09
5021L1-030SR
886.21
5027L1-030
848.09
5023L1-030
1405.72
5032L1-030
897.64
5031L1-030SR
934.00
5037L1-030
897.64
5033L1-030
1633.48 615
T-Port 5022T1-030
848.09
5021T1-030SR
886.21
5027T1-030
848.09
5023T1-030
1405.72
5032T1-030
897.64
5031T1-030SR
934.00
5037T1-030
897.64
5033T1-030
1633.48 615
4 L-Port 5022L1-040
1535.97
5021L1-040SR
1577.56
5027L1-040
1535.97
5023L1-040
2042.29
5032L1-040
1553.29
5031L1-040SR
1594.87
5037L1-040
1553.29
5033L1-040
2232.33 615
T-Port 5022T1-040
1535.97
5021T1-040SR
1577.56
5027T1-040
1535.97
5023T1-040
2042.29
5032T1-040
1553.29
5031T1-040SR
1594.87
5037T1-040
1553.29
5033T1-040
2232.33 615
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 201 of 235 Page 717 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Industrial 3-Way Ball Valves
PVC Vertical 3-Way Ball Valves
Material EPDM FKM
Disc
Code
Joint Socket SR Thread Spigot Flanged Socket SR Thread Spigot Flanged Size Ball
Port
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
Part #
Price Each
1/2
L-Port 4722L1-005
102.03
4721L1-005SR
103.65
4727L1-005
102.03
4723L1-005
210.83
4732L1-005
110.51
4731L1-005SR
112.15
4737L1-005
110.51
4733L1-005
218.43 615
Double
L-Port
4722L2-005
203.20
4721L2-005SR
204.83
4727L2-005
203.20
4723L2-005
311.99
4732L2-005
211.68
4731L2-005SR
213.33
4737L2-005
211.68
4733L2-005
319.60 615
Triple
L-Port
4722L3-005
203.20
4721L3-005SR
204.83
4727L3-005
203.20
4723L3-005
311.99
4732L3-005
211.68
4731L3-005SR
213.33
4737L3-005
211.68
4733L3-005
319.60 615
T-Port 4722T1-005
102.03
4721T1-005SR
103.65
4727T1-005
102.03
4723T1-005
210.83
4732T1-005
110.51
4731T1-005SR
112.15
4737T1-005
110.51
4733T1-005
218.43 615
3/4
L-Port 4722L1-007
119.68
4721L1-007SR
123.78
4727L1-007
119.68
4723L1-007
221.38
4732L1-007
130.43
4731L1-007SR
134.49
4737L1-007
130.43
4733L1-007
230.74 615
Double
L-Port
4722L2-007
220.86
4721L2-007SR
224.92
4727L2-007
220.86
4723L2-007
322.56
4732L2-007
231.60
4731L2-007SR
235.66
4737L2-007
231.60
4733L2-007
331.89 615
Triple
L-Port
4722L3-007
220.86
4721L3-007SR
224.92
4727L3-007
220.86
4723L3-007
322.56
4732L3-007
231.60
4731L3-007SR
235.66
4737L3-007
231.60
4733L3-007
331.89 615
T-Port 4722T1-007
119.68
4721T1-007SR
123.78
4727T1-007
119.68
4723T1-007
221.38
4732T1-007
130.43
4731T1-007SR
134.49
4737T1-007
130.43
4733T1-007
230.74 615
1 L-Port 4722L1-010
145.49
4721L1-010SR
149.58
4727L1-010
145.49
4723L1-010
315.78
4732L1-010
161.98
4731L1-010SR
166.03
4737L1-010
161.98
4733L1-010
341.77 615
Double
L-Port
4722L2-010
246.69
4721L2-010SR
250.76
4727L2-010
246.69
4723L2-010
416.96
4732L2-010
263.12
4731L2-010SR
267.20
4737L2-010
263.12
4733L2-010
442.94 615
Triple
L-Port
4722L3-010
246.69
4721L3-010SR
250.76
4727L3-010
246.69
4723L3-010
416.96
4732L3-010
263.12
4731L3-010SR
267.20
4737L3-010
263.12
4733L3-010
442.94 615
T-Port 4722T1-010
145.49
4721T1-010SR
149.58
4727T1-010
145.49
4723T1-010
315.78
4732T1-010
161.98
4731T1-010SR
166.03
4737T1-010
161.98
4733T1-010
341.77 615
1-1/4
L-Port 4722L1-012
175.99
4721L1-012SR
184.15
4727L1-012
175.99
4723L1-012
595.20
4732L1-012
207.36
4731L1-012SR
215.49
4737L1-012
207.36
4733L1-012
629.48 615
Double
L-Port
4722L2-012
277.17
4721L2-012SR
285.31
4727L2-012
277.17
4723L2-012
696.36
4732L2-012
308.53
4731L2-012SR
316.65
4737L2-012
308.53
4733L2-012
730.66 615
Triple
L-Port
4722L3-012
277.17
4721L3-012SR
285.31
4727L3-012
277.17
4723L3-012
696.36
4732L3-012
308.53
4731L3-012SR
316.65
4737L3-012
308.53
4733L3-012
730.66 615
T-Port 4722T1-012
175.99
4721T1-012SR
184.15
4727T1-012
175.99
4723T1-012
595.20
4732T1-012
207.36
4731T1-012SR
215.49
4737T1-012
207.36
4733T1-012
629.48 615
1-1/2
L-Port 4722L1-015
203.52
4721L1-015SR
216.54
4727L1-015
203.52
4723L1-015
617.38
4732L1-015
223.11
4731L1-015SR
236.11
4737L1-015
223.11
4733L1-015
636.42 615
Double
L-Port
4722L2-015
304.71
4721L2-015SR
317.68
4727L2-015
304.71
4723L2-015
718.53
4732L2-015
324.26
4731L2-015SR
337.26
4737L2-015
324.26
4733L2-015
737.58 615
Triple
L-Port
4722L3-015
304.71
4721L3-015SR
317.68
4727L3-015
304.71
4723L3-015
718.53
4732L3-015
324.26
4731L3-015SR
337.26
4737L3-015
324.26
4733L3-015
737.58 615
T-Port 4722T1-015
203.52
4721T1-015SR
216.54
4727T1-015
203.52
4723T1-015
617.38
4732T1-015
223.11
4731T1-015SR
236.11
4737T1-015
223.11
4733T1-015
636.42 615
2 L-Port 4722L1-020
249.61
4721L1-020SR
263.73
4727L1-020
249.61
4723L1-020
795.60
4732L1-020
289.81
4731L1-020SR
303.92
4737L1-020
289.81
4733L1-020
830.80 615
Double
L-Port
4722L2-020
350.76
4721L2-020SR
364.91
4727L2-020
350.76
4723L2-020
896.78
4732L2-020
390.98
4731L2-020SR
405.07
4737L2-020
390.98
4733L2-020
931.93 615
Triple
L-Port
4722L3-020
350.76
4721L3-020SR
364.91
4727L3-020
350.76
4723L3-020
896.78
4732L3-020
390.98
4731L3-020SR
405.07
4737L3-020
390.98
4733L3-020
931.93 615
T-Port 4722T1-020
249.61
4721T1-020SR
263.73
4727T1-020
249.61
4723T1-020
795.60
4732T1-020
289.81
4731T1-020SR
303.92
4737T1-020
289.81
4733T1-020
830.80 615
2-1/2
L-Port 4722L1-025
877.91
4721L1-025SR
914.28
4727L1-025
877.91
4723L1-025
1393.58
4732L1-025
887.78
4731L1-025SR
924.17
4737L1-025
887.78
4733L1-025
1624.14 615
Double
L-Port
4722L2-025
979.05
4721L2-025SR
1015.43
4727L2-025
979.05
4723L2-025
1494.75
4732L2-025
988.94
4731L2-025SR
1025.31
4737L2-025
988.94
4733L2-025
1725.31 615
Triple
L-Port
4722L3-025
979.05
4721L3-025SR
1015.43
4727L3-025
979.05
4723L3-025
1494.75
4732L3-025
988.94
4731L3-025SR
1025.31
4737L3-025
988.94
4733L3-025
1725.31 615
T-Port 4722T1-025
877.91
4721T1-025SR
914.28
4727T1-025
877.91
4723T1-025
1393.58
4732T1-025
887.78
4731T1-025SR
924.17
4737T1-025
887.78
4733T1-025
1624.14 615
3 L-Port 4722L1-030
895.91
4721L1-030SR
932.28
4727L1-030
895.91
4723L1-030
1412.80
4732L1-030
903.87
4731L1-030SR
940.25
4737L1-030
903.87
4733L1-030
1634.89 615
Double
L-Port
4722L2-030
997.07
4721L2-030SR
1033.46
4727L2-030
997.07
4723L2-030
1513.98
4732L2-030
1005.05
4731L2-030SR
1041.41
4737L2-030
1005.05
4733L2-030
1736.04 615
Triple
L-Port
4722L3-030
997.07
4721L3-030SR
1033.46
4727L3-030
997.07
4723L3-030
1513.98
4732L3-030
1005.05
4731L3-030SR
1041.41
4737L3-030
1005.05
4733L3-030
1736.04 615
T-Port 4722T1-030
895.91
4721T1-030SR
932.28
4727T1-030
895.91
4723T1-030
1412.80
4732T1-030
903.87
4731T1-030SR
940.25
4737T1-030
903.87
4733T1-030
1634.89 615
4 L-Port 4722L1-040
1548.61
4721L1-040SR
1590.18
4727L1-040
1548.61
4723L1-040
2053.91
4732L1-040
1563.68
4731L1-040SR
1605.25
4737L1-040
1563.68
4733L1-040
2151.25 615
Double
L-Port
4722L2-040
1649.80
4721L2-040SR
1691.34
4727L2-040
1649.80
4723L2-040
2155.07
4732L2-040
1664.85
4731L2-040SR
1706.43
4737L2-040
1664.85
4733L2-040
2252.42 615
Triple
L-Port
4722L3-040
1649.80
4721L3-040SR
1691.34
4727L3-040
1649.80
4723L3-040
2155.07
4732L3-040
1664.85
4731L3-040SR
1706.43
4737L3-040
1664.85
4733L3-040
2252.42 615
T-Port 4722T1-040
1548.61
4721T1-040SR
1590.18
4727T1-040
1548.61
4723T1-040
2053.91
4732T1-040
1563.68
4731T1-040SR
1605.25
4737T1-040
1563.68
4733T1-040
2151.25 615
Made in the U.S.A. NOT FOR DISTRIBUTION OF COMPRESSED AIR OR GAS Page 232 Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 202 of 235 Page 718 of 1219
Schedule 80 PVC Industrial Products & Accessories
Tee-Style "Zero Dead-Leg" Ball Valves
Valves are produced to order in Ball Valve sizes 1/2" - 2". Tee Valves can be custom produced in any standard Tee and Valve size combination.
Pressure Rating @ 73°F (23°C), Water
Valve Sizes 1/2" - 2" (20mm - 63mm) = 235 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Additional Notes
The Tee Valve is assembled with socket end connector. Tee Valves are a non-stock configuration.
All orders are non-cancelable, non-returnable.
PVC
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Mainline Socket Tee x Valve Socket
1/2 182901-005
163.19
183901-005
175.80 1 12 263
3/4 182901-007
178.35
183901-007
192.79 1 8 263
1 182901-010
181.71
183901-010
203.39 1 8 263
2 182901-020
301.16
183901-020
351.61 1 0 263
3/4X1/2 182901-101
165.91
183901-101
178.48 1 12 263
1X1/2 182901-130
171.36
183901-130
183.99 1 8 263
1X3/4 182901-131
181.71
183901-131
203.39 1 8 263
1-1/4X1/2 182901-166
180.55
183901-166
193.15 1 8 263
1-1/4X3/4 182901-167
185.06
183901-167
199.53 1 8 263
1-1/4X1 182901-168
197.72
183901-168
219.42 1 8 263
1-1/2X1/2 182901-209
180.55
183901-209
193.17 1 8 263
1-1/2X3/4 182901-210
185.06
183901-210
199.53 1 8 263
1-1/2X1 182901-211
197.72
183901-211
219.42 1 8 263
2X1/2 182901-247
233.48
183901-247
246.17 1 8 263
2X3/4 182901-248
240.39
183901-248
254.80 1 8 263
2X1 182901-249
250.64
183901-249
272.35 1 8 263
2X1-1/2 182901-251
309.25
183901-251
336.34 1 8 263
3X1/2 182901-333
238.23
183901-333
250.85 1 0 263
3X1 182901-335
255.26
183901-335
276.96 1 4 263
3X1-1/2 182901-337
292.86
183901-337
319.97 1 0 263
3X2 182901-338
318.44
183901-338
368.92 1 0 263
4X1 182901-417
295.06
183901-417
316.75 1 0 263
4X1-1/2 182901-419
332.68
183901-419
359.77 1 0 263
4X2 182901-420
392.35
183901-420
442.83 1 0 263
6X2 182901-528
461.26
183901-528
511.75 1 0 263
8X2 182901-578
703.81
183901-578
754.31 1 0 263
PVC Metric
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Mainline Socket Tee x Valve Socket
20 182901M-020
163.19
183901M-020
175.80 1 8 263
PVC Metric (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Mainline Socket Tee x Valve Socket
25 182901M-025
178.35
183901M-025
192.79 1 8 263
32 182901M-032
181.71
183901M-032
203.39 1 8 263
40 182901M-040
252.48
183901M-040
270.74 1 8 263
50 182901M-050
264.35
183901M-050
342.67 1 8 263
63 182901M-063
301.16
183901M-063
351.61 1 8 263
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 203 of 235 Page 719 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Standard Ball Valves
Socket Style
Pressure Rating @ 73°F (23°C), Water
1/2" - 2" = 235 psi
2-1/2" - 4" = 150 psi
Flanged = 150 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
All Valves Assembled with Silicone-Free, Water Soluble Lubricant See Ball Valve Accessories & Repair Kits Section for Additional Options and Features PVC Standard
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Socket & Threaded Ends
1/2 3629-005
39.77 3639-005
44.23 1 18 608
3/4 3629-007
47.03 3639-007
52.32 1 18 608
1 3629-010
56.02 3639-010
62.40 1 12 608
1-1/4 3629-012
77.48 3639-012
98.91 1 8 608
1-1/2 3629-015
93.35 3639-015
103.62 1 8 608
2 3629-020
123.18
3639-020
135.62 1 4 608
Socket Ends
2-1/2 3622-025
235.95
3632-025
320.80 1 0 609
3 3622-030
312.14
3632-030
346.81 1 0 609
4 3622-040
527.23
3632-040
586.01 1 0 609
Threaded Ends
2-1/2 3621-025
235.95
3631-025
320.80 1 0 609
3 3621-030
312.14
3631-030
346.81 1 0 609
4 3621-040
527.23
3631-040
586.01 1 0 609
SR Threaded Ends
1/2 3621-005SR
40.63 3631-005SR
45.08 1 18 608
3/4 3621-007SR
49.06 3631-007SR
54.39 1 18 608
1 3621-010SR
58.06 3631-010SR
64.44 1 18 608
1-1/4 3621-012SR
83.67 3631-012SR
105.08 1 12 608
1-1/2 3621-015SR
99.98 3631-015SR
110.24 1 8 608
2 3621-020SR
130.35
3631-020SR
142.81 1 8 608
2-1/2 3621-025SR
256.11
3631-025SR
340.14 1 0 609
3 3621-030SR
331.52
3631-030SR
366.17 1 0 609
4 3621-040SR
550.00
3631-040SR
608.60 1 0 609
Spigot Ends
1/2 3627-005
39.77 3637-005
44.23 1 18 608
3/4 3627-007
47.03 3637-007
52.32 1 18 608
1 3627-010
56.02 3637-010
62.40 1 12 608
1-1/4 3627-012
77.48 3637-012
98.91 1 12 608
1-1/2 3627-015
93.35 3637-015
103.62 1 8 608
PVC Standard (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Spigot Ends
2 3627-020
123.18
3637-020
135.62 1 8 608
2-1/2 3627-025
236.74
3637-025
320.80 1 0 609
3 3627-030
312.14
3637-030
346.81 1 0 609
4 3627-040
527.23
3637-040
586.01 1 0 609
Flanged Ends
1/2 3623-005
56.87 3633-005
60.65 1 8 608
3/4 3623-007
72.05 3633-007
78.36 1 8 608
1 3623-010
87.18 3633-010
93.75 1 8 608
1-1/4 3623-012
102.35
3633-012
113.76 1 4 608
1-1/2 3623-015
128.93
3633-015
140.29 1 4 608
2 3623-020
205.28
3633-020
217.74 1 0 608
2-1/2 3623-025
379.14
3633-025
385.41 1 0 609
3 3623-030
392.87
3633-030
520.28 1 0 609
4 3623-040
842.57
3633-040
976.66 1 0 609
Made in the U.S.A. NOT FOR DISTRIBUTION OF COMPRESSED AIR OR GAS Page 234 Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 204 of 235 Page 720 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Industrial Retrofit Ball Valves - Replaces Other Brand Valves Industrial Valve
Complete universal replacement valve for
domestic and import PVC valve. See
separate catalog listing for retrofit
replacement of older Spears® valves.
Retrofit valve consists of Spears® Industrial
True Union 2000 Ball Valve supplied with
factory installed extended-socket end
connectors. Simply cut out old valve to
specified dimensions and install Retrofit
Valve end connectors.
Pressure Rating @ 73°F (23°C), Water
1/2" - 4" = 235 psi
All Valves Assembled with Silicone-Free,
Water Soluble Lubricant
Suitable for Vacuum Service
Retrofit End Connector Sets without
valve are also available - See
Ball Valve Accessories & Repair Kits Size 1/2 3/4 1 1-1/4 1-1/2 2 2-1/2 3 4 L 4-29/32 5-7/16 6-3/32 7-1/4 7-1/2 8-17/32 10-3/4 11-7/16 14-15/16 PVC - Socket Ends
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
1/2 1822R-005
49.69 1832R-005
55.27 1 18 600
3/4 1822R-007
58.80 1832R-007
65.41 1 18 600
1 1822R-010
70.02 1832R-010
77.99 1 12 600
1-1/4 1822R-012
96.86 1832R-012
123.64 1 8 600
1-1/2 1822R-015
116.67
1832R-015
129.52 1 8 600
2 1822R-020
153.96
1832R-020
169.54 1 4 600
2-1/2 1822R-025
295.95
1832R-025
401.01 1 0 601
3 1822R-030
390.18
1832R-030
433.54 1 0 601
4 1822R-040
659.24
1832R-040
732.49 1 0 601
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 205 of 235 Page 721 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Industrial Retrofit Ball Valves - Replaces Spears® ''Regular Style'' Valves Industrial Valve
Complete replacement valve for older
Spears® 2300 Series Regular True
Union Ball Valves. See separate catalog
listing for replacement of other brand
valves.
Retrofit valve consists of Spears®
Industrial True Union 2000 Ball Valve
supplied with factory installed extendedsocket end connectors. Simply cut out old valve to specified dimensions and
install Retrofit Valve end connectors.
Pressure Rating @ 73°F (23°C), Water
All Valves Assembled with Silicone-Free,
Water Soluble Lubricant
Suitable for Vacuum Service
Retrofit End Connector Sets without
valve are also available - See
Ball Valve Accessories & Repair Kits Size 1/2 3/4 1 1-1/4 1-1/2 2 2-1/2 3 4 L 5-5/16 6-1/4 6-11/16 7-1/8 8-3/16 8-15/16 12 12-1/16 13-3/16 PVC - Socket Ends
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
1/2 1822RS-005
49.69 1832RS-005
55.27 1 18 600
3/4 1822RS-007
58.80 1832RS-007
65.41 1 18 600
1 1822RS-010
70.02 1832RS-010
77.99 1 12 600
1-1/4 1822RS-012
96.86 1832RS-012
123.64 1 8 600
1-1/2 1822RS-015
116.67
1832RS-015
129.52 1 8 600
2 1822RS-020
153.96
1832RS-020
169.54 1 4 600
2-1/2 1822RS-025
295.95
1832RS-025
401.01 1 0 601
3 1822RS-030
390.18
1832RS-030
433.54 1 0 601
4 1822RS-040
659.24
1832RS-040
732.49 1 0 601
Made in the U.S.A. NOT FOR DISTRIBUTION OF COMPRESSED AIR OR GAS Page 236 Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com 1/2" - 4" 235 psi
Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 206 of 235 Page 722 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union 2000 Standard Retrofit Ball Valves - Replaces Other Brand Valves & True Union 2000 Standard Retrofit Ball Valves - Replaces Spears® ''Regular Style'' Valves
True Union 2000 Standard Retrofit Ball Valves - Replaces Other Brand Valves Standard Valve
Complete universal replacement valve for
domestic and import PVC valves. See
separate catalog listing for retrofit
replacement of older Spears® valves.
Retrofit valve consists of Spears®
Standard True Union 2000 Ball Valve
supplied with factory installed extendedsocket end connectors. Simply cut out old valve to specified dimensions and install
Retrofit Valve end connectors.
Pressure Rating @ 73°F (23°C), Water
All Valves Assembled with Silicone-Free,
Water Soluble Lubricant.
Suitable for Vacuum Service.
Retrofit End Connector Sets without valve
are also available - See Ball Valve
Accessories & Repair Kits
Size 1/2 3/4 1 1-1/4 1-1/2 2 2-1/2 3 4
L 4-29/32 5-7/16 6-3/32 7-1/4 7-1/2 8-17/32 10-3/4 11-7/16 14-15/16 PVC - Socket Ends
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
1/2 3622R-005
39.77 3632R-005
44.23 1 18 608
3/4 3622R-007
47.03 3632R-007
52.32 1 12 608
1 3622R-010
56.02 3632R-010
62.40 1 8 608
1-1/4 3622R-012
77.48 3632R-012
98.91 1 8 608
1-1/2 3622R-015
93.35 3632R-015
103.62 1 8 608
PVC - Socket Ends (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
2 3622R-020
123.18
3632R-020
135.62 1 4 608
2-1/2 3622R-025
235.95
3632R-025
320.80 1 0 609
3 3622R-030
312.14
3632R-030
346.81 1 0 609
4 3622R-040
527.23
3632R-040
586.01 1 0 609
True Union 2000 Standard Retrofit Ball Valves - Replaces Spears® ''Regular Style'' Valves Standard Valve
Complete replacement valve for older
Spears® 2300 Series Regular True Union
Ball Valves. See separate catalog listing
for replacement of other brand valves.
Retrofit valve consists of Spears®
Standard True Union 2000 Ball Valve
supplied with factory installed extendedsocket end connectors. Simply cut out old valve to specified dimensions and install
Retrofit Valve end connectors.
Pressure Rating @ 73°F (23°C), Water
All Valves Assembled with Silicone-Free,
Water Soluble Lubricant
Suitable for Vacuum Service
Retrofit End Connector Sets without
valve are also available - See
Ball Valve Accessories & Repair Kits
Size 1/2 3/4 1 1-1/4 1-1/2 2 2-1/2 3 4
L 5-5/16 6-1/4 6-11/16 7-1/8 8-3/16 8-15/16 12 12-1/16 13-3/16 PVC - Socket Ends
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
1/2 3622RS-005
39.77 3632RS-005
44.23 1 18 608
3/4 3622RS-007
47.03 3632RS-007
52.32 1 18 608
1 3622RS-010
56.02 3632RS-010
62.40 1 12 608
1-1/4 3622RS-012
77.48 3632RS-012
98.91 1 8 608
1-1/2 3622RS-015
93.35 3632RS-015
103.62 1 8 608
PVC - Socket Ends (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
2 3622RS-020
123.18
3632RS-020
135.62 1 4 608
2-1/2 3622RS-025
235.95
3632RS-025
320.80 1 0 609
3 3622RS-030
312.14
3632RS-030
346.81 1 0 609
4 3622RS-040
527.23
3632RS-040
586.01 1 0 609
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com 1/2" - 2" 235 psi
2-1/2" - 4" 150 psi
1/2" - 2" 235 psi
2-1/2" - 4" 150 psi
Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 207 of 235 Page 723 of 1219
Schedule 80 PVC Industrial Products & Accessories
True Union Ball Valves (Regular Style) & Single Entry Ball Valves True Union Ball Valves (Regular Style)
Pressure Rating @ 73°F (23°C), Water
1/2" - 2" 235 psi
2-1/2" - 6" 150 psi
Flanged 150 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Rated for Vacuum Service
All Valves assembled with Silicone-Free, Water Soluble Lubricant. 6" Venturied Valves are 4" Ball Valves
equipped with 4x6 End Connectors.
Socket/Threaded Style Flanged Style
PVC
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Socket & Threaded Ends
1/2 2329-005
57.23 2339-005
63.68 1 18 230
3/4 2329-007
67.69 2339-007
75.34 1 12 230
1 2329-010
80.64 2339-010
89.82 1 8 230
1-1/4 2329-012
111.55
2339-012
142.38 1 8 230
1-1/2 2329-015
134.40
2339-015
149.16 1 8 230
2 2329-020
177.31
2339-020
195.25 1 4 230
Socket Ends
2-1/2 2322-025
323.80
2332-025
438.75 1 0 230
3 2322-030
426.91
2332-030
474.35 1 0 230
4 2322-040
721.29
2332-040
801.42 1 0 230
Socket Venturied Ends
6 VENTURIED 2322-060
962.36
2332-060
1048.55 1 0 231
Threaded Ends
2-1/2 2321-025
323.80
2331-025
438.75 1 0 230
3 2321-030
426.91
2331-030
474.35 1 0 230
PVC (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded Ends
4 2321-040
721.29
2331-040
801.42 1 0 230
Flanged Ends
1/2 2323-005
81.87 2333-005
87.34 6 0 230
3/4 2323-007
103.72
2333-007
112.80 5 0 230
1 2323-010
125.55
2333-010
134.96 5 0 230
1-1/4 2323-012
147.37
2333-012
163.75 2 0 230
1-1/2 2323-015
185.60
2333-015
201.94 3 0 230
2 2323-020
295.56
2333-020
313.45 2 0 230
2-1/2 2323-025
518.53
2333-025
527.07 1 0 230
3 2323-030
573.11
2333-030
711.55 1 0 230
4 2323-040
1152.32
2333-040
1335.74 1 0 230
Flanged Venturied Ends
6 VENTURIED 2323-060
1680.55
2333-060
1723.61 1 0 231
Single Entry Ball Valves
Pressure Rating @ 73°F (23°C), Water
1/2" - 2" 235 psi
3" - 4" 150 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Rated for Vacuum Service
All Valves Assembled with Silicone-Free, Water Soluble Lubricant. See Ball Valve Accessories & Repair Kits
Section for Additional Options and Features
PVC Gray – Socket/Threaded Style
PVC Gray
Size Buna-N EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded Ends
1/2 2411-005G
20.88 2421-005G
23.15 2431-005G
25.75 10 120 240
3/4 2411-007G
26.31 2421-007G
29.26 2431-007G
32.49 10 80 240
PVC Gray (continued)
Size Buna-N EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded Ends
1 2411-010G
30.95 2421-010G
34.35 2431-010G
38.18 10 0 240
1-1/4 2411-012G
42.98 2421-012G
47.78 2431-012G
53.02 6 0 240
Made in the U.S.A. NOT FOR DISTRIBUTION OF COMPRESSED AIR OR GAS Page 238 Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 208 of 235 Page 724 of 1219
Schedule 80 PVC Industrial Products & Accessories
Single Entry Ball Valves & Compact 2000 Ball Valves
Single Entry Ball Valves
PVC Gray (continued)
Size Buna-N EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Threaded Ends
1-1/2 2411-015G
54.11 2421-015G
63.38 2431-015G
70.48 5 0 240
2 2411-020G
62.65 2421-020G
69.62 2431-020G
77.32 5 0 240
3 2411-030G
218.37
2421-030G
270.83
2431-030G
312.31 1 0 240
4 2411-040G
461.53
2421-040G
508.53
2431-040G
552.76 1 0 240
Socket Ends
1/2 2412-005G
20.88 2422-005G
23.15 2432-005G
25.75 10 120 240
3/4 2412-007G
26.31 2422-007G
29.26 2432-007G
32.49 10 80 240
PVC Gray (continued)
Size Buna-N EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Socket Ends
1 2412-010G
30.95 2422-010G
34.35 2432-010G
38.18 10 0 240
1-1/4 2412-012G
42.98 2422-012G
47.78 2432-012G
53.02 5 0 240
1-1/2 2412-015G
54.17 2422-015G
63.38 2432-015G
70.48 5 0 240
2 2412-020G
62.65 2422-020G
69.62 2432-020G
77.32 5 0 240
3 2412-030G
218.37
2422-030G
270.83
2432-030G
312.31 1 0 240
4 2412-040G
461.53
2422-040G
508.53
2432-040G
552.76 1 0 240
Compact 2000 Ball Valves
Pressure Rating @ 73°F (23°C), Water
1/2" - 2" 235 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
All Valves Assembled with Silicone-Free, Water Soluble Lubricants.
Rated for Vacuum Service
Compact 2000 Ball Valves are a Maintenance-Free, Sealed Unit (non-repairable).
See Ball Valve Accessories & Repair Kits Section for Additional Options and Features.
PVC 2000 Compact Ball Valve
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Socket Ends
1/2 6622-005
21.17 6632-005
23.83 10 120 210
3/4 6622-007
28.88 6632-007
29.57 10 80 210
1 6622-010
31.53 6632-010
35.36 10 0 210
1-1/4 6622-012
47.43 6632-012
54.81 6 0 210
1-1/2 6622-015
56.49 6632-015
62.83 5 0 210
2 6622-020
75.42 6632-020
84.74 8 0 210
Threaded Ends
1/2 6621-005
21.17 6631-005
23.83 10 120 210
3/4 6621-007
28.88 6631-007
29.57 10 80 210
1 6621-010
31.53 6631-010
35.36 10 0 210
1-1/4 6621-012
51.92 6631-012
54.81 6 0 210
1-1/2 6621-015
56.49 6631-015
62.83 5 0 210
2 6621-020
75.42 6631-020
84.74 8 0 210
Flanged Ends
1/2 6623-005
44.58 6633-005
46.84 10 120 210
3/4 6623-007
50.35 6633-007
52.11 10 120 210
1 6623-010
65.61 6633-010
69.13 10 120 210
1-1/4 6623-012
81.93 6633-012
87.89 10 120 210
1-1/2 6623-015
99.12 6633-015
107.74 10 120 210
PVC 2000 Compact Ball Valve (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Flanged Ends
2 6623-020
132.27
6633-020
138.07 10 120 210
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 209 of 235 Page 725 of 1219
Schedule 80 PVC Industrial Products & Accessories
Compact Ball Valves (Regular Style)
Socket/Threaded Style
Pressure Rating @ 73°F (23°C), Water
1/2" - 2" 235 psi
3" - 6" 150 psi
Flanged 150 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Rated for Vacuum Service
All Valves Assembled with Silicone-Free, Water Soluble Lubricants.
See Ball Valve Accessories & Repair Kits Section for Additional Options & Features
Note: Standard 6" Valve uses Lever-Style Handle for proper leverage.
T-Handle option is more compact but will increase difficulty of operation.
PVC
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Socket Ends
1/2 2122-005
22.27 2132-005
25.08 10 80 210
3/4 2122-007
30.40 2132-007
31.13 10 0 210
1 2122-010
33.17 2132-010
37.24 10 0 210
1-1/4 2122-012
59.48 2132-012
66.13 6 0 210
1-1/2 2122-015
73.65 2132-015
76.96 5 0 210
2 2122-020
79.38 2132-020
89.20 6 0 210
3 2122-030
258.01
2132-030
289.86 1 4 211
4 2122-040
396.95
2132-040
571.38 1 0 211
6 (Lever
Handle)
2122-060
515.51
2132-060
742.05 1 0 211
6 (Tee Handle) 21226-060
515.51
21326-060
742.05 1 0 211
Threaded Ends
1/2 2121-005
22.27 2131-005
25.08 10 80 210
3/4 2121-007
30.40 2131-007
31.13 10 0 210
1 2121-010
33.17 2131-010
37.24 10 0 210
1-1/4 2121-012
59.48 2131-012
66.13 6 0 210
1-1/2 2121-015
73.65 2131-015
76.96 5 0 210
2 2121-020
79.38 2131-020
89.20 6 0 210
3 2121-030
258.01
2131-030
289.86 1 4 211
4 2121-040
396.95
2131-040
571.38 1 0 211
Flanged Ends
1/2 2123-005
49.24 2133-005
52.45 1 8 210
3/4 2123-007
59.58 2133-007
61.95 1 8 210
1 2123-010
65.73 2133-010
69.78 1 8 210
1-1/4 2123-012
93.05 2133-012
99.69 1 8 210
1-1/2 2123-015
107.66
2133-015
112.73 1 4 210
2 2123-020
124.97
2133-020
134.69 1 0 210
3 2123-030
335.73
2133-030
367.59 1 0 211
4 2123-040
495.22
2133-040
669.64 1 0 211
6 (Lever
Handle)
2123-060
953.51
2133-060
1049.57 1 0 211
PVC (continued)
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Flanged Ends
6 (Tee
Handle)
21236-060
953.51
21336-060
1049.57 1 0 211
Made in the U.S.A. NOT FOR DISTRIBUTION OF COMPRESSED AIR OR GAS Page 240 Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
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Schedule 80 PVC Industrial Products & Accessories
Utility Ball Valves & Lab Ball Valves
Utility Ball Valves
Pressure Rating @ 73°F (23°C), Water
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
1/2" - 6" 150 psi All Valves Assembled with Silicone-Free, Water Soluble Lubricant
PVC w/EPDM O-ring Seal
Size Threaded Ends Socket Ends Std
Pk
Mstr
Pk
Disc
Code
PVC Gray
1/2 2621-005G
9.37 2622-005G
9.37 50 0 215
3/4 2621-007G
11.12 2622-007G
11.12 25 0 215
1 2621-010G
15.12 2622-010G
15.12 25 0 215
1-1/4 2621-012G
20.03 2622-012G
20.03 20 0 215
1-1/2 2621-015G
30.57 2622-015G
30.57 20 0 215
PVC w/EPDM O-ring Seal (continued)
Size Threaded Ends Socket Ends Std
Pk
Mstr
Pk
Disc
Code
PVC Gray
2 2621-020G
38.64 2622-020G
38.64 8 0 215
2-1/2 2621-025G
66.14 2622-025G
66.14 6 0 214
3 2621-030G
118.62
2622-030G
118.62 1 4 214
4 2621-040G
217.41
2622-040G
217.41 1 0 214
Lab Ball Valves
Socket/Threaded Valve Only
Pressure Rating @ 73°F (23°C), Water
1/4" - 3/8" 150 psi
Maximum Service Temperature
PVC = 140°F (60°C)
Temperature/Pressure De-ratings Apply
Rated for Vacuum Service
Valve & Adapters includes:
1 - Threaded 1/4" Valve
2 -
O-ring Sealed 1/4" MPT x Mipt
Adapters
2 -
EPDM or FKM O-rings (AS568-013
size)
1 - End Connector Wrench
2 - O-ring Sealed 1/4" MPT x 3/8" I.D.
Tubing Barb Adapters
- OR -
2 - O-ring Sealed 1/4" MPT x 1/4" I.D.
Tubing Barb Adapters
All Valves Assembled with Silicone-Free, Water Soluble Lubricant Valve & Adapters PVC
Size EPDM FKM Std
Pk
Mstr
Pk
Disc
Code
Valve & Adapters Threaded Ends
1/4X3/8T 1529-002
25.75 1539-002
26.92 125 218
1/4X1/4T 1529-002A
25.75 1539-002A
26.92 125 218
Valve only Threaded Ends
1/4 1521-002
20.58 1531-002
22.91 50 200 218
3/8 1521-003
28.93 1531-003
32.07 50 200 218
Valve only Socket Ends
1/4 1522-002
20.58 1532-002
23.28 50 200 218
3/8 1522-003
28.93 1532-003
32.07 50 200 218
Due to Material Cost Variations, Prices Subject to Change. Check On-line Catalog @ www.spearsmfg.com Lugo Park Soccer Field Rehabilitation Project
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80 The Intelligent Use of Water.™
Valves
Quick-Coupling Valves
Convenient water access in potable and non-potable systems Features
• Optional locking cover on models 33-DLRC, 44-LRC, 5-LRC, 33-DNP, 44-NP, and 5-NP (use 2049 key to unlock). Metal cover on model 7 only • One-piece body design (models 3-RC, 5-RC and 7)
• Two-piece body design for easy servicing (models 33-DRC, 44-LRC, 44-RC, 33-DNP, and 44-NP)
• Strong corrosion-resistant stainless steel spring prevents leakage • Thermoplastic cover for durability
• 33-DNP, 44-NP, and 5-NP covers marked with "Do Not Drink!" warnings in English and Spanish
• Three-year trade warranty
Specifications
• Pressure: 5 to 125 psi (0.35 to 8.63 bar)
• Flow: 10 to 125 gpm (2.27 to 28.38 m3⁄h; 37.8 to 473 l/m) • 33-DNP, 44-NP, and 5-NP flow: 10 to 70 gpm (2.27 to 15.89 m3⁄h; 37.8 to 265 l/m)
Dimensions (height)
• 3-RC: 41⁄4" (10.8 cm)
• 33-DRC: 43
⁄8" (11.1 cm)
• 33-DLRC: 45
⁄8" (11.7 cm)
• 44-RC: 6" (15.2 cm)
• 44-LRC: 6" (15.2 cm)
• 5-RC: 51⁄2" (14.0 cm)
• 5-LRC: 51
⁄2" (14.0 cm)
• 7: 53
⁄4" (14.6 cm)
• 33-DNP: 43
⁄8" (11.1 cm)
• 44-NP: 6" (15.2 cm)
• 5-NP: 51
⁄2" (14.0 cm)
Models
• 3-RC: ¾" NPT Rubber Cover, 1-Piece Body
• 33-DRC: ¾" NPT Double Track Key Lug, Rubber Cover, 2-Piece Body • 33-DLRC: ¾" NPT Double Track Key Lug, Locking Rubber Cover, 2-Piece Body
• 44-RC: 1" NPT Rubber Cover, 2-Piece Body
• 44-LRC: 1" NPT Locking Rubber Cover, 2-Piece Body
• 5-RC: 1" NPT Rubber Cover, 1-Piece Body
• 5-LRC: 1" NPT Locking Rubber Cover, 1-Piece Body
• 7: 1½" NPT Metal Cover, 1-Piece Body
• 5-RC-BSP: 1" BSP Rubber Cover, 1-Piece Body, BSP threaded • 5-LRC-BSP: 1" BSP Locking Rubber Cover, 1-Piece Body, BSP threaded
• 33-DNP: ¾" NPT Non-potable, Purple Locking Rubber Cover, 2-Piece Body
• 44-NP: 1" NPT Non-potable, Purple Locking Rubber Cover, 2-Piece Body
• 5-NP: 1" NPT Non-potable, Purple Locking Rubber Cover, 1-Piece Body
Flow 3-RC 33-DRC 44-RC 5-RC 7
33-DLRC 44-LRC 5-LRC
33-DNP 44-NP 5-NP
gpm 3⁄4" 3⁄4" 1" 1" 11⁄2"
10 1.8 2 - - -
15 4.7 4.3 2.2 - -
20 7.2 7.6 4.4 - -
30 - - 11.5 4.1 -
40 - - - 7.3 -
50 - - - 11 1.7
60 - - - 15.7 2.5
70 - - - 21.5 3.6
80 - - - - 4.9
100 - - - - 8.4
125 - - - - 14
Flow 3-RC 33-DRC 44-RC 5-RC 7
33-DLRC 44-LRC 5-LRC
33-DNP 44-NP 5-NP
m3
⁄h l/m 1.9 cm 1.9 cm 2.5 cm 2.5 cm 3.8 cm
2.3 38 0.12 0.12 - - -
4 67 0.41 0.42 0.23 - -
5 83 0.57 0.62 0.4 - -
6 100 - - 0.62 - -
7 117 - - 0.83 0.3 -
8 133 - - - 0.4 -
9 150 - - - 0.5 -
10 167 - - - 0.61 -
12 200 - - - 0.85 0.13
14 233 - - - 1.15 0.18
16 267 - - - 1.5 0.25
22 367 - - - - 0.54
28 473 - - - - 0.97
Quick-Coupling
Valve Cutaway Quick Coupling Valves
Valves
Quick-Coupling Valves
Quick-Coupling Valves Pressure Loss (psi)
Quick-Coupling Valves Pressure Loss (bar)
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Available Pipe Sizes (IPS)
MARKETS
DESCRIPTION
Color:
Irrigation
ASTM D1785, ASTM D2665, ASTM D1784 Cell Class 12454 � Uniform Plumbing Code, ANSI/NSF 61/14 Schedule Series
PRESSURE-RATED PVC PIPE
Solvent Weld
Unaffected by corrosive elements: sewer
gas, sulfuric acid, alkaline, or acidic soils.
Consistency in carrying capacity
(flow coefficient, C=150), for savings in
pumping and material costs.
SolarBlok Option: Formulated PVC to
increase resistance to ultraviolet rays.
Lightweight, great for manual installation.
Field-cut with a power saw or handsaw;
bevel without complicated machinery.
Does not need lining, wrapping, coating,
or cathodic protection to prevent
galvanic corrosion.
INSTALLATION ›
FEATURES ›
BENEFITS
Reclaim Plumbing Drainage
*Supply may vary based on plant location. Please call regarding availability. ½”, ¾”, 1”, 1¼”, 1½”, 2”, 2½”, 3”, 4”, 5”, 6”, 8”, 10”, 12”, 14”, 16” ASTM D1785
Schedule 40
Schedule 80
Nominal Laying Length: 10/20 feet (Laying length tolerances are in accordance with ASTM standards) Schedule 80: Dark Grey
(Marked for Reclaim only)* (For SolarBlok only)*
Schedule 40: White Purple Beige
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SUBMITTAL AND DATA SHEET
THIS PRODUCT IS MADE IN AMERICA
PIPE SIZE
(IN)
AVERAGE O.D.
(IN)
NOM. I.D.
(IN)
MIN. T.
(IN)
PRESSURE
RATING (PSI)
APPROX. WGT
(LBS/FT)
PIPE STIFFNESS
(PSI)
½ 0.840 0.609 0.109 600 0.164 5,928
¾ 1.050 0.810 0.113 480 0.218 3,136
1 1.315 1.033 0.133 450 0.324 2,547
1¼ 1.660 1.363 0.140 370 0.439 1,397
1½ 1.900 1.593 0.145 330 0.525 1,008
2 2.375 2.049 0.154 280 0.705 596
2½ 2.875 2.445 0.203 300 1.118 784
3 3.500 3.042 0.216 260 1.463 509
4 4.500 3.998 0.237 220 2.083 307
5 5.563 5.016 0.258 190 2.822 205
6 6.625 6.031 0.280 180 3.663 154
8 8.625 7.942 0.322 160 5.512 104
10 10.750 9.976 0.365 140 7.815 78
12 12.750 11.889 0.406 130 10.333 64
14 14.000 13.073 0.437 130 12.220 60
16 16.000 14.940 0.500 130 15.980 60
CUSTOMER SERVICE:1.800.621.4404
PRINTED JUNE 2018 REV12
This information may have been updated. Please visit www.jmeagle.com for all updated information and warranty details.
Product Standard: ASTM D1785, ASTM D2665
Pipe Compound: ASTM D1784 Cell Class 12454
Certification: ANSI/NSF 61, ANSI/NSF 14*
Uniform Plumbing Code*
Pipe End Finish: Bell End*, Plain End
Nominal Laying Length: 10/20 feet
(Laying length tolerances are in accordance
with ASTM standards)
Installation: JM Eagle™ Solvent Weld
Installation Guide
Water pressure rating measured at 23°C (73°F)
PIPE SIZE
(IN)
AVERAGE O.D.
(IN)
NOM. I.D.
(IN)
MIN. T.
(IN)
PRESSURE
RATING (PSI)
APPROX. WGT
(LBS/FT)
PIPE STIFFNESS
(PSI)
½ 0.840 0.528 0.147 850 0.210 17,066
¾ 1.050 0.724 0.154 690 0.285 9,078
1 1.315 0.936 0.179 630 0.419 6,995
1¼ 1.660 1.255 0.191 520 0.579 3,930
1½ 1.900 1.476 0.200 470 0.701 2,911
2 2.375 1.913 0.218 400 0.969 1,846
2½ 2.875 2.290 0.276 420 1.479 2,141
3 3.500 2.864 0.300 370 1.979 1,473
4 4.500 3.786 0.337 320 2.892 949
6 6.625 5.709 0.432 280 5.516 607
8 8.625 7.565 0.500 250 8.336 417
10* 10.750 9.493 0.593 230 12.375 356
12* 12.750 11.294 0.687 230 17.027 330
Product Standard: ASTM D1785
Pipe Compound: ASTM D1784 Cell Class 12454
Certification: ANSI/NSF 61, ANSI/NSF 14*
Uniform Plumbing Code*
Pipe End Finish: Bell End*, Plain End
Nominal Laying Length: 20 feet
(Laying length tolerances are in accordance
with ASTM standards)
Installation: JM Eagle™ Solvent Weld
Installation Guide
Water pressure rating measured at 23°C (73°F)
Schedule Series
PRESSURE-RATED PVC PIPE
Solvent Weld
Schedule 40
Schedule 80
*Supply may vary based on plant location.
Please call regarding availability.
Manning Coefficient (n) = 0.009
Hazen-Williams Coefficient (c) = 150
Manning Coefficient (n) = 0.009
Hazen-Williams Coefficient (c) = 150
*Supply may vary based on plant location.
Please call regarding availability.
T: (Wall Thickness)
O.D.: (Outside Diameter)
I.D.: (Inside Diameter)
➤T
➤
➤
O.D.
➤
➤
➤
I.D.
SolarBlok Option
Available Size: 1/2"- 4"
Product Standard: ASTM D1785
Certification: ANSI/NSF 61
Pipe End Finish: Bell End
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No Infill. No Microplastics. No PFAS.
Pivottm by TenCate is a true game changer. Designed with extensive feedback from top-level athletes, Pivottm by TenCate provides ultimate performance, maximum player comfort and ultra-durability.
The unique combination of yarns plays and responds like the best natural grass and will perform at Year 10 like it does on Day 1. Additionally, Pivottm by TenCate is the environmentally-friendly choice – no infill is needed and real-grass feel is achieved without any resource intensive maintenance.
PIVOT
BY TENCATE
TM
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TURF
PILE CONTENT TenCate XP+ U.V. resistant slit film,
combined with TenCate semi-TXT
and TXT monofilament root zone.
PRIMARY BACKING 7.5 oz/yd2; TenCate K29 Backing (Double Layer Thiobac, black, U.V. stabilized,
Layer 1: 100% PP, Layer 2: PET/PP blend)
SECONDARY BACKING 20 oz/yd2 Polyurethane coating with
drainage holes
TOTAL WEIGHT 127.5 oz/yd2
PILE HEIGHT 1 1/4 inch
FACE WEIGHT* 100 oz/yd2
MACHINE GAUGE 3/8 inch
SET UP 3 ends/needle
ROLL WIDTH 182 inch
WATER PERMEABILITY 64 inches/hour (unfilled)
TUFT BIND (ASTM D1335) > 9 lbs
GRAB TEAR (ASTM D5034) 274 lbs length, 395 lbs width
PILL FLAMMABILITY (ASTM D2859) Pass
-
TENCATE AMERICAS | 1131 BROADWAY ST. DAYTON, TN 37321 | (855) 773-6668 | TENCATEGRASS.COM | VERSION 2023 PIVOTTM BY TENCATE 1.25" SPECS
BEST FOR FOOTBALL, SOCCER,
BASEBALL, INDOOR
AND MULTI-PURPOSE FIELDS
YARN
DENSITY (DENIER) 5,040/1 (XP+);
5,400/6 (semi-TXT);
7,200/10 (TXT)
THICKNESS (MICRONS) 100 (XP+);
152 (semi-TXT);
145 (TXT)
MELTING POINT 128° C | 260° F
BREAKING STRENGTH 11 lbs/force (XP+);
20 lbs/force (semi-TXT);
20 lbs/force (TXT)
LEAD CONTENT (PPM) <100
BLEND OF DURABLE SLIT FILM AND
SEMI-TEXTURIZED AND TEXTURIZED
MONOFILAMENT FIBERS
Pile Height, Max Thickness, Face Weight, Primary & Secondary Backing, and Total Weight can differ by ±10%. The Stitch Rate will change according to the exact specifications and can differ by ±1. Roll Width can differ by ±0.8 inch.
TenCate has the right to alter each product specification in order to improve the system according to the latest standards. TenCate is not legally liable in case of noncompliance with the above mentioned specifications.
*Face Weight reflects entire length of yarn, including portion woven into backing, which is consistent with standard ASTM method of measuring tuft including back stitch.
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PRIVATE & CONFIDENTIAL
DISCOVERING SUPERIORITY THROUGH BIOMIMICRY
In the pursuit of developing a turf that not only replicates but outperforms natural grass, we've looked to the greatest innovator of all time: nature itself. Our newest product is born from the principle of biomimicry, where inspiration is taken directly from the impeccable designs of the natural world to craft the next generation of turf.
The beauty of nature lies in its efficiency, adaptability, and resilience. By analysing the best attributes of natural grass, we've managed to harness its qualities and then enhance them with state-of-the-art design and materials. This isn't just mimicry – this is evolution is real. • For athletes, this means a series of big improvements, offering enhanced performance including speed, comfort, and control.
• For field owners we have improved durability and reduced maintenance making the surface easier to manage and reduce costs.
• For the planet the turf is designed to be more sustainable than any other surface retaining all the advantages of traditional turf (no water, less maintenance, higher usage, etc…) but with improved environmental credentials reducing carbon / CO2impacts significantly.
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PRIVATE & CONFIDENTIAL
DISCOVERING SUPERIORITY THROUGH BIOMIMICRY
Our commitment to ensuring this turfs supremacy didn’t stop at its conception and development. We have subjected it to an extensive range of tests well beyond what is normal including:
Athletes Insight - including first hand feedback and modern innovative biomechanical testing Mechanical Material Tests - for wear, longevity, and sporting standards including Gmax, Grip, etc… Sustainability via independent calculations of Life Cycle Assessments Every component or every square inch has been scrutinized to validate its superiority over grass. The results? A product that not only mirrors nature's genius but also amplifies it. Nature has spent millennia perfecting its designs. By embracing the essence of biomimicry, we've been able to capture the best of those designs and elevate them further, promising a turf experience that is, without doubt, better than the real thing.
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PRIVATE & CONFIDENTIAL
LEGACY NON-FILLED SYSTEMS
Until the recent breakthrough non-filled systems had several limitations which is still the overarching perception with competitors in the market. The legacy issues include:
• Poor levels of grip
• Hard and uncomfortable
• Shorter life expectancy
• Harder to maintain (yarns goes flat)
• Often required sand (increase wear & kills grip) for ballast • Lower quality playing experience vs rubber infill
• More expensive
Most competitors are using the same yarns that have been used in filled turf systems. These tend to be very thick, durable yarns with a short pile height and dense tufting orientation. In our research process we realised the need to pivot away from yarns used in filled products and design bespoke yarns (combination) in a novel and innovative way.
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PRIVATE & CONFIDENTIAL
SPECIFICATIONS
Property Method(s)
Result Tolerance
Metric Imperial (%)
Pile height / length
ISO 2549
ASTM D5823
38 mm 1.5 Inch (option for other lengths) 5 %
Tufts per unit area
ISO 1763
22,000 per squ. m 2,050 per squ. foot
(18,395 per squ. yard)
10 % Stitch rate 210 per linear metre 64 per linear foot (191 per linear yard)
Gauge 9.55 mm 3/8 Inch
Filaments per unit area 750,000 per squ. m 69,500 per squ. foot (627,000 per squ. yard)
Yarn 1 – XP (slit film)
Dtex /
Denier
6054/1 dtex (29 %) 5,449 denier
10 % Yarn 2 – R3 (semi-txt mono) 6153/6 dtex (30 %) 5,538 denier Yarn 3 – C80 (txt mono) 8547/10 dtex (41 %) 7,692 denier Total 20,754/17 dtex 18,679 denier
Mass per unit area
ISO 8543
ASTM D5848-10
4,985 g per squ. m 150 oz per squ. yard
10 % Pile mass 3925 g per squ. m 120 oz per squ. yard
Primary mass 220 g per squ. m 6.49 oz per squ. yard
Secondary mass 813 g per squ. m 24 oz per squ. yard
Tuft bind ISO 4919 44 N 10 lbs > 90 % declared & > 40 N Lugo Park Soccer Field Rehabilitation Project
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PRIVATE & CONFIDENTIAL
SPECIFICATION: YARNS – 3 TYPES
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PRIVATE & CONFIDENTIAL
CTI – PLAYER / USER FOCUS
Player Based
Testing
Equipment
Development
Testing, Accreditation &
Regulatory Approval
Player
Feedback
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PRIVATE & CONFIDENTIAL
UNIQUE APPROACH AND EQUIPMENT
• CTI has invested heavily in novel and innovative ways to evaluate turf systems with a large focus on player / user measurements.
• No one else in the turf industry has the in-house knowledge to evaluate turf the way we do at CTI. Using high speed video analysis (kinematics), advances player tracking and measurement equipment (IMUs), and in-depth player feedback analysis.
• Going beyond basic norms testing and the status quo to real focus on the fundamentals that driver the user experience.
• This combined with in-house manufacturing capabilities to prototype and assemble new turf give a speed and iterative development process not possible anywhere else in the turf business.
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PRIVATE & CONFIDENTIAL
FRICTION / GRIP / FORCE
200
225
250
275
300
325
350
375
400
425
450
475
500
SBR High SBR Medium SBR Low Non_Filled
Peak Force (N)
Data from mechanical grip testing
Green area is the range of data measure on
good quality stadium grass – 230 to 310 N
Non-filled has similar peak force as grass in
the range 275 N
Rubber system are much higher in the range
395 to 452 N. Many of these values are x2
what is normal on grass.
The lack of shear break on rubber systems
contributes to higher forces on the player
which ‘could’ increase the risk of injury, but
this is not proven.
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PRIVATE & CONFIDENTIAL
RECOIL – ENERGY RETURNED
Recoil is the force returned to the athlete during interaction with the surface.
This can be positive if acting in the right direct of travel but when acting against the direction of travel will cause higher forces and require more energy to undertake sporting activities. Including instability of the foot surface interface.
When too much rubber is used (especially without a shockpad) the build-up of the recoil effective is very large.
Unfortunately, many stadium NFL fields rely on rubber for their Gmax (head impact safety test) meaning they often overfill the turf with rubber.
This video illustrates the impact of rubber volume on a range of surfaces. Make note of the recoil impact in the very high rubber surface.
Currently there is no link between recoil and injury rates; but this impact is very different from grass and something we are designing into our turf systems to avoid with lower or non-filled products.
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PRIVATE & CONFIDENTIAL
GRIP – LOWER LIMB FORCE
System: high rubber with low fibre mass
Insight: Rubber / cleat grip is very high,
no release or slide – all force direct into
the players’ lower limbs
Feedback: very high grip,
uncomfortable, uses more energy
System: PurePT
Insight: slight give reducing load to the
players lower limbs, like grass
Feedback: good grip like grass, feels
natural but still fast and comfortable
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PRIVATE & CONFIDENTIAL
PLAYER TESTING – TRACKING AND MEASUREMENT IMUS
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PRIVATE & CONFIDENTIAL
CTI PLAYER TESTING INSIGHT (IMU DATA) - DEMO
-40.0
-20.0
0.0 20.0
40.0 60.0
80.0 100.0
120.0
0 0.5 1 1.5
Joint Angle (°)
Time (Seconds)
Right Hip
-20.0
0.0 20.0
40.0 60.0
80.0 100.0
120.0
140.0
0 0.5 1 1.5
Joint Angle (°)
Time (Seconds)
Right Knee
-40.0
-20.0
0.0 20.0
40.0 60.0
80.0 100.0
120.0
0 0.5 1 1.5
Joint Angle (°)
Time (Seconds)
Left Hip
-20.0
0.0 20.0
40.0 60.0
80.0 100.0
120.0
140.0
0 0.5 1 1.5
Joint Angle (°)
Time (Seconds)
Left Knee
Green = Grass
Blue = Non-Filled
Orange = rubber
Players performing an
aggressive 180-degree turn
on 3 surface types.
Joint angles of lower limbs
evaluated by IMU sensors.
Different gait pattern on
rubber system requiring more
adaptations by the player.
More rubber infill causes
more difference for players.
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PRIVATE & CONFIDENTIAL
PLAYER FEEDBACK
82 % of players agreed or strongly agreed the nonfilled turf was like grass; only 17 % for the high rubber field.
For the high rubber field 80 % of players strongly or
somewhat disagreed with the statement
Note: several responses had ‘neutral / unknown so doesn’t add to 100 %)
Selected User Quotes:
“Why have you put grass indoors”
USA based feedback
“This is the closet surface to grass I have played on”
E Faber – PSV Academy Director
“The feel is just like grass, its comfortable and fast” Elite Soccer Player
Non-Filled
High Rubber Field
Low Rubber Field
(with shockpad)
Different to grass Similar to grass
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PRIVATE & CONFIDENTIAL
©2023 TENCATE
LONGEVITY – SURFACE / YARN WEAR
• All testing on the LISport has shown this product will outlast any current filled systems
• The yarns support each other, no external source of friction from infills (even rubber)
• The more flexible yarns are able to dissipate the load of impacts supporting life expectance
Demonstration – microscope
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PRO PLAY - SPORT 23
TECHNICAL SPECIFICATION
ProPlay-Sport is standarized as a shock pad for artificial grass sports fields (ISA-M43.x-190) and is suitable for (full) contact, limited-contact and non-contact sports ProPlay-Sport meets, in specific field constructions, the specifications of the international sports associations of rugby and football, Gaelic Games, soccer (FIFA 1 and 2 star), hockey, tennis, etc.
CHARACTERISTICS
Physical
Thickness at 2 kPa load 23 mm
Mass per unit area 4.4 kg/m2
Tensile strength 0.26 MPa EN 12230
ProPlay-Sport is supplied as (interlocking) panels of
2.25 x 0.90 m
ProPlay-Sport contains expansion slots
for a prompt installation (of the panels and the artificial grass) it is recommended to follow the ProPlay Installation Guide ProPlay-Sport contains a thermal bonded Polyester textile Performance
Force reduction 56 % Advanced Artificial Athlete
Energy restitution 49 % Advanced Artificial Athlete
Vertical deformation 6.1 mm Advanced Artificial Athlete ProPlay-Sport reduces the G-max (according ASTM F355-A), in specific field constructions, down to 75 ! Drainage and isolation
Water infiltration rate [IA] > 18,000 mm/h EN 12616
Water permeability 2462 mm/h NW Labs of Seattle
Water flow rate at 0.5% slope 110 l/h.m2 NW Labs of Seattle Thermal conductivity [λ10] 0.05 W/m.K EN 12667
DURABILITY
ProPlay-Sport consists of thermal bonded (closed-celled) cross-linked Polyethene foam (from non-contaminated industrial waste) with a predicted durability (according ISO/TR 13434) for a minimum of 100 years based on microbiological resistance (according EN 12225) - resistance to: weathering (according EN 12224) - oxidation (according EN-ISO 13438) - acids & bases (according EN 14030) The sport characteristics of ProPlay-Sport are hardly effected by simulated (mechanical) wear based on stability after 65,000 Lisport cycli (when combined with a non-infill artificial grass) The (dimensional) characteristics of ProPlay-Sport are hardly effected by simulated aging based on stability after hot water and hot air (according EN 13744 and EN 13817) This specification is based on (independent) laboratory measurements and the overall knowledge of Schmitz Foam Products (at the time of revision).
Additional information (e.g. additional characteristics, specific laboratory reports or statistical analysis) is available upon request.
Schmitz Foam Products reserves itself the right to change this specification and/or product (without notice).
Revision 15-03-2011 (CDN) Page 1 of 1
Lugo Park Soccer Field Rehabilitation Project
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Fence Toppers
THE ULTIMATE BALLFIELD RESOURCE
FEATURES
ACCESSORIES
BeaconAthletics.com l 800-747-5985 Last Modified: 11/27/2023 Clean lines are part of baseball. The pure
geometry of a ballfield is pleasing to the eye. But
a fence cap goesbeyond that. Those clean lines
make an outfield fencestand out and it helps
protect players from jagged fence tops.
• Protect players and enhance the
playability of your ballpark with our
UV-protected smooth or corrugated
fence toppers
• A new, affordable way to cover your
fence-tops, keep your ball park or
playground safe and looking nice.
• Fence Cap Zipper
• Cable Ties
• Zip Ties
FENCE GUARD
Standard Premium
PLASTICAP™ FENCE TOPPER
100 FT 250 FT
INSTALLATION MADE EASY
Inquire about our Fence Cap Zipper for
a hassle-free fence guard installation.
Yellow, 125-107-019Y
Forest Green, 125-107-019G
Red, 125-107-019R
Blue, 125-107-019B
Orange, 125-107-019O
White, 125-107-019W
Black, 125-107-019BK
Yellow, 125-107-009Y
Red, 125-107-009R
Blue, 125-107-009B
Yellow, 125-107-259Y
Red, 125-107-259R
Black, 125-107-259B
Yellow, 125-107-249Y
Red, 125-107-249R
Black, 125-107-249B
Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
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Specifications
THE ULTIMATE BALLFIELD RESOURCE
STANDARD FENCE GUARD
• Protects against chain link injuries.
• Thicker UV treated HD Polyethylene
designed to provide longer life.
• Easily installed by one person.
• Pre-drilled every 24” for supplied ties.
• Each section = 2-3/4”W x 4-1/4” T x 7’L
• Packed 12 sections = 84’ per carton.
• 3-Year Limited Warranty
• Available Colors: Forest Green, Blue, Red,
Orange, Yellow, White, Black
PREMIUM FENCE GUARD
• Thickest walls for maximum protection.
• Longest life UV treated HD Polyethylene.
• Easy to install by one person.
• Professional teardrop shaped profile.
• Maintenance-free design.
• Pre-drilled every 24” for supplied ties.
• Each section = 3”W x 4-1/2”T x 7’L
• Packed 12 sections = 84’ per carton.
• 5-Year Limited Warranty
• Available Colors: Blue, Red, Yellow
PLASTICAP™ FENCE TOPPER
• Corrugated plastic tubing gives your field
a superior, professional appearance while
increasing visibility of the fence line and
protecting players from injury
• Pre-slit poly tubing 4-1/2” diameter
• Fully UV-protected
• 100% virgin resin
• Available in 100ft or 250ft rolls
• Available Colors: Green, Yellow, Black, Red
BeaconAthletics.com l 800-747-5985 Last Modified: 11/27/2023 Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
Document Control Page 233 of 235 Page 749 of 1219
Round Existing Post
Cut Out For
Rope Cleat
6' Tall with Hook and
Loop Attachment Flaps
18 oz. Outdoor Vinyl,
High UV Resistance,
Various Standard Colors Available
Optional Custom
Digitally Printed Lettering
And/Or Graphics Available
6'-0"
1'-0"
5"
Outer Diameter (O.D.)
See Table
Inner Diameter (I.D.)
See Table
3" High Impact
Polyurethane Foam
Post Pad Sized to Accommodate Standard
Ball Safety System Netting Poles
Part Numbers I.D. O.D. Cut Out
BSSPP2 3-1/2” 9 1/2" None
BSSPP4 6-1/2” 12 1/2" Included
BSSPP6 9” 15" Included
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN
THIS DRAWING IS THE SOLE PROPERTY
OF SPORTSFIELD SPECIALTIES INC.
ANY REPRODUCTION IN PART OR AS A
WHOLE WITHOUT THE WRITTEN
PERMISSION OF SPORTSFIELD
SPECIALTIES INC. IS PROHIBITED. Not To Scale Sportsfield Specialties Inc 06042020 Ball Safety System Netting Post Pad
Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
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1" PVC Drain Stub For
Positive Connection
To Subsurface
Drainage System
(Installed By Others)
Synthetic Infill Turf
Attachment Ledge
3/8" Perforated
Drainage Holes
SG2S® Cover Plug
Aluminum Construction
with Gasket Seal
Access Frame
1/8" Aluminum
with Open Bottom
1-1/4"H Flexible
Gasket Seals
Synthetic Turf Provided by
and Installed by Others
Anchor
Bolts
1/8" x 4.5'L Galvanized Wire
Anchoring Cable, Black Vinyl Coated
to 3/16" Diameter with Two (2)
Crimped Looped Ends and 7/16"
Spring Hook
(Lock By Others)
7 Gauge Steel Anchor
Plate with Weld-on Pad
Eye, Powder Coated
Finish
14" Square
1 5/8"
Dimension From Top of
Synthetic Turf
Attachment Ledge to
Top of Gasket
10 5/8"
Overall Height
9"
Dimension From Top
of Synthetic Turf
Attachment Ledge
to Bottom of Box
SG2SCC for use with Either Round Faced or Square Post
Soccer Goals Installed in Synthetic Turf Applications
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN
THIS DRAWING IS THE SOLE PROPERTY
OF SPORTSFIELD SPECIALTIES INC.
ANY REPRODUCTION IN PART OR AS A
WHOLE WITHOUT THE WRITTEN
PERMISSION OF SPORTSFIELD
SPECIALTIES INC. IS PROHIBITED. Not To Scale Sportsfield Specialties Inc 05052020 SG2SCC Stand Alone Soccer Goal Safety System With Cable Clamp with Infill Retainer System for Synthetic Turf Applications Lugo Park Soccer Field Rehabilitation Project
CITY PROJECT #PRE-005
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Blank Page
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/03/2024 Page 1 of 3
STAFF REPORT
Date: December 3, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Raul Diaz, Public Works Director
Subject: Consideration to Award a Contract Services Agreement to American Pride Builders Co., for the ADA Door Replacement Project Clara Park Community Center: 4835 Clara St, Cudahy CA 90201 – CIP Project No. CIF-007, CBDG Project Number:
602661-23
RECOMMENDATION
The City Council is requested to:
1. Approve Plans and Specifications for the ADA Door Installation Project Clara Park Community Center: 4835 Clara St, Cudahy CA 90201 – CIP Project No. CIF-007, CDBG Project Number:
602661-23 (Project);
2. Award a Contract Services Agreement to American Pride Builders Co. for the Project in the amount of $ 137,500.00; and
3. Approve 10% construction contingency for unforeseen conditions in the amount of $13,750.00 for utilization by the Public Works Director or designee for potential Construction Change Orders (CCO) and 5% construction management oversight in the amount of $7,000.00.
BACKGROUND
1. The proposed project is located at the Clara Park Community Center: 4835 Clara St, Cudahy CA 90201.
2. The Bid Package was completed in August 2024 and a Notice Inviting Bids was published on August 12, 2024, with a Bid Opening date of September 11, 2024.
3. A Mandatory Pre-Bid Meeting/Job Walk was held to discuss the scope of work and Section 3 Requirements. Staff responded to questions from potential Bidders. All potential Bidders were required to attend this meeting. The meeting was held at 10:00 am on Wednesday, August 28, Item Number
14D
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/03/2024 Page 2 of 3
2024, at Clara Park Community Center: 4835 Clara St, Cudahy, CA 90201.
SCOPE OF WORK
The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project.
The ADA Door Installation (“Project”) replaces non-ADA doors to publicly accessible community gathering spaces at Clara Park Community Center (4835 Clara St). Through the procurement process, the installation of accessible doors will allow easier access to persons with disabilities and elderly persons as more specifically described in the Contract Documents.
ANALYSIS
The ADA Door Installation Project Clara Park Community Center: 4835 Clara St, Cudahy CA 90201, CDBG Project Number: 602661-23 in the City’s Capital Improvement Budget Fiscal Year 2024 funding received through CBDG.
In August 2024, the project plans, specifications and cost estimate were completed by Transtech.
On August 12, 2024, the City published a Notice Inviting Bids to provide a construction cost for the Cudahy Citywide – Atlantic Avenue Complete Streets Improvement Project in the City of Cudahy, California and the scheduled bid opening at 3:00 PM on Monday, September 11, 2024.
On November 11, 2024, two (2) Bidders submitted their Bids. The Bids were evaluated based on the established criteria identified in the Bid documents including compliance with the Bid requirements, construction documents, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references.
The first apparent low bidder American Pride Builders Co. submitted the accurate paperwork and Bid Bond. Once the City Council approves, the City staff will execute the Contract with American Pride Builders Co. and issue a Notice to Proceed.
FINANCIAL IMPACT
The Funding for this project is provided by the CDBG funds allocated in the Capital Improvements budget.
ATTACHMENTS
A. Contract to be Executed
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/03/2024 Page 3 of 3
B. Bid Opening Minutes
C. Bid Proposal by American Pride Builders
Page: APPENDIX A.1
CITY OF CUDAHY
PUBLIC WORKS CONTRACT
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
THIS AGREEMENT “Agreement” is made and entered into this 3rd day of December 2024 by and between the CITY OF CUDAHY, a Municipal Corporation located in the County of Los Angeles, State of California hereinafter called CITY, and AMERICA PRIDE BUILDERS CO., located at 8930 State Street, South Gate, CA 90280 hereinafter called CONTRACTOR, collectively referred to as the Parties.
RECITALS
CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before Monday, September 11, 2024, at 3:00 p.m. for the following:
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
in the City of CUDAHY, California, hereinafter called PROJECT.
On September 11, 2024, said date, in the CUDAHY Council Chambers, said bids were duly opened.
At its regular meeting held on December 3, 2024, the CITY Council duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest reasonable bid received and directed that a written contract be entered into with CONTRACTOR.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows:
ARTICLE I – CONTRACT DOCUMENTS
The CONTRACT DOCUMENTS for the PROJECT shall consist of:
• document titled:
CONTRACT DOCUMENTS PLANS AND SPECIFICATIONS
For
ADA Door Installation Project
Attachment APage 756 of 1219
Page: APPENDIX A.2
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
• CONTRACTOR’s Proposal
• Federal Labor Standard Provisions
• Current Federal DOL Wage Decision
• Federal EEO and Affirmative Action Requirements
• and all referenced specifications, details, standard drawings, and appendices, together with this contract and all required bonds, insurance certificates, permits, notices and declarations, affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner.
All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The document comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made and part hereof as though they were fully set forth herein.
All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and described in the CONTRACT DOCUMENTS.
In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is the more specific or stringent provision.
ARTICLE II - AGREEMENT
For and in consideration of the payments and agreements be made and performed by CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
ARTICLE III - COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount ONE HUNDRED AND THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($137,500), based upon those certain unit prices set forth in CONTRACTOR’s Bid Schedule, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein and made a part hereof, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other
Page: APPENDIX A.3
unknowns or risks of any description connected with the work.
The sum identified in Article III is not subject to escalation, the CONTRACTOR having satisfied himself with said CONTRACT price, which includes all labor and material increases anticipated throughout the duration of this CONSTRUCTION CONTRACT.
CITY shall retain five percent (5%) of said CONTRACT price until said time as the provisions of Article XIV herein have been met.
Progress payments shall be made in accordance with Section 9 of the Standard Specifications for Public Works as amended by the General Provisions and Special Provisions.
Upon receipt of a properly presented payment request, the Contract Officer shall process the payment request in accordance with Public Contracts Code Section 20104.50. The Contract Officer shall review the payment request as soon as possible. If the Contract Officer rejects the payment request, it shall be returned to the Contractor within seven days of its receipt by the City with an explanation for the reasons of its rejection. If the payment request is approved in writing by the Contract Officer, payment shall be made within thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security.
Substitution of Securities for Retention. The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance with California Public Contracts Code 22300.
CITY’s obligation is payable only and solely from Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this CONTRACT. All funds are appropriated every fiscal year beginning July 1. In the event this CONTRACT extends into the succeeding fiscal year and funds have not been appropriated, this CONTRACT will automatically terminate as of June 30 of the current fiscal year. The CITY will notify the CONTRACTOR in writing in ten (10) days of receipt of the non-appropriation notice.
ARTICLE IV - CONTRACTOR REPRESENTATIONS
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS.
In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of both State and Federal law with respect to the employment of unauthorized aliens.
Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
Page: APPENDIX A.4
such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
Furthermore, CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractor’s license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this PROJECT.
ARTICLE V – COMMENCEMENT DATE
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Director of Public Works of CITY and shall complete work on the PROJECT within thirty (30) working days after commencement.
ARTICLE VI – NO DISCRIMINATION
CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this CONTRACT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order.
CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
ARTICLE VII – LABOR CODE REQUIREMENTS
Compliance with SB 854 Registration: This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code
Page: APPENDIX A.5
section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Agreement by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement will be made available upon request from the City Engineer’s Office.
Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2). The Contractor shall post WH-1321 ENGLISH and WH-1321 SPANISH at the work site.
Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
This is a federally-assisted CONSTRUCTION CONTRACT. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. Modification of Federal
Page: APPENDIX A.6
Wage Rates published within ten (10) days prior to the scheduled Bid Opening date shall apply to the contract.
The Contractor shall submit payroll records to the City weekly for each week in which any contract work is performed. The Contractor is also responsible for the submission of payroll records by all its Subcontractors performing any contract work on this Project.
The payroll records submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a) (3) (i) of 29 C.F.R. Part 5. Each payroll submitted shall be accompanied by a Statement of Compliance signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract, and shall certify the following:
• The payroll records for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of 29 C.F.R. Part 5, and that such information is correct and complete; • Each employee employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 C.F.R. Part 3;
• Each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract.
This information may be submitted in any form desired, however, Form WH-347 is provided as an optional template. The Contractor shall submit a Statement of Non-Performance for each week of work for which craft work was not performed.
The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
The Contractor shall submit copies of apprentice certification(s) for each apprentice performing work on the Contract to accompany the first payroll record in which that apprentice appears. The City will recognize apprentice certifications from the U.S. Department of Labor and the California Division of Apprenticeship Standards. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
The CONTRACTOR’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et q. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment.
The Contractor agrees that the City, through its authorized representatives, has the right, at all reasonable times, to make site visits to review Project accomplishments and for other reasons, such as employee interviews. If any site visit is made by the City on the premises of the Contractor or any of its Subcontractors under this Contract, the Contractor shall provide and shall require its Subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of City representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay work being conducted by the Contractor or Subcontractor(s).
If the work involves excavation of any trench five feet or more in depth the contractor shall submit a detailed
Page: APPENDIX A.7
plan of shoring, bracing, sloping or other provisions to be made for worker protection. Such plan shall be approved by a qualified representative of the City. (LC 6705).
ARTICLE VIII - PROVISIONS REQUIRED BY LAW
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. Such laws, rules and regulations shall include, but not be limited to the following.
Contractor’s License.
The Contractor shall possess a type CLASS B California Contractor's license at the time of award of the Contract.
Ineligible Contractor Prohibited.
Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.
Unfair Business Practices Claims.
The Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
Hazardous Materials and Unknown Conditions.
A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR’s subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
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C. CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, then CITY shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
ARTICLE IX - INDEMNITY
CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, and Design Engineer and Construction Manager from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the CONTRACTOR’s work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided
(a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason for the aforesaid hold-harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold-harmless AGREEMENT by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR, or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
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ARTICLE X - BONDS
Warranty & Guarantee
New Materials. Contractor guarantees that all materials and equipment furnished will be new unless otherwise specified in the Contract Documents.
One Year Guarantee. Contractor guarantees all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion is free from all defects due to faulty materials or workmanship. Contractor shall promptly make such corrections as may be necessary by reasons of such defects including the repairs of any damage to other property, whether real or personal.
The City will give notice of observed defects with reasonable promptness. If Contractor fails to make such repairs, or other Work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred, plus 10% for administrative expenses. The Performance Bond shall remain in full force and effect through the guarantee period. Contractor shall execute the Public Improvement Warranty.
Bonds.
Contractor shall provide a payment bond consistent with the terms of this section and City may not waive this requirement. Contractor shall also provide a performance bond consistent with the terms of this section, unless City waives such requirement in writing. Each bond shall (1) be in writing; (2) signed by at least one admitted surety insurer under oath; (3) if a bond is signed by more than one surety insurer, include a statement that the sureties are jointly and severally liable on the obligations required hereunder; (4) list the address at which the principal and surety/sureties may be served with notices, papers, and other documents under this chapter; (5) be in the form of a bond and not in a deposit in lieu of a bond; (6) be consistent with any other requirements of the City that reasonably relate to a guarantee that the project will be completed at no cost to the City.
Payment Bond. Contractor shall furnish and file with City a bond in the sum of one hundred percent (100%) of the Compensation. Consistent with Civil Code § 3248, the bond shall provide that if the Contractor or any subcontractors hired by Contractor fails to pay (1) any of the persons named in Civil Code § 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under this Agreement; or (3) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Unemployment Insurance Code §13020 with respect to the work and labor that the sureties will pay for the same, and also, in case suit is brought upon the bond, a reasonable attorney’s fee, to be fixed by the court. The bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code § 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. The bond provided under this section shall be released by written authorization of the City Engineer at the completion of the one year warranty period described in section 0, above, provided that Contractor is not in default on any provision of this Agreement.
Performance Bond. Contractor shall provide City with a bond in the sum of one hundred percent (100%) of the Compensation to guarantee the completion of the Work, to protect City if Developer is in default of this Agreement, and to secure Contractor’s one-year guarantee and warranty. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City,
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provided that Contractor is not in default on any provision of this Agreement. All security provided under this section shall be released at the end of the warranty period described in section 0, above, provided that Contractor is not in default on any provision of this Agreement.
ARTICLE XI - INSURANCE
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.
(a) COMPENSATION INSURANCE - CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers’ Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/ COMPLETED OPERATIONS
HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, Design Engineer and Construction Manager, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR’s or any subcontractor’s operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
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(3) Comprehensive Automobile Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(4) Contractual General Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE - The insurance required by this AGREEMENT shall be with insurers which are Best A rated, and California Admitted or better. The CITY and Design Engineer and Construction Manager shall be named as “additional insured” on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days’ prior notice of the cancellation of any policy during the effective period of the contract.
(d) NOTICE TO COMMENCE WORK - The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contact until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article.
ARTICLE XII - ATTORNEY FEES
If either party to this Contract is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Contract, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney’s fees and costs. Attorney’s fees shall include reasonable costs for investigating such action.
ARTICLE XIII - LIQUIDATED DAMAGES
The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of Five Hundred Dollars ($500.00) shall be presumed to be the amount of damages suffered by the CITY for each calendar days delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of Five Hundred Dollars ($500.00) as liquidated damages for each calendar day of delay in the starting and/or completing and acceptance of said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so in
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accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this CONTRACT. The payment of such liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code § 3275 or § 3369.
CONTRACTOR: American Pride Builders Co CITY OF CUDAHY
a California Corporation a Municipal Corporation
by: ___________________________ by: ____________________________ President Alfonso Noyola, ICMA-CM
City Manager
ARTICLE XIV - NOTICE OF COMPLETION
Upon completion of PROJECT and acceptance of same by the CITY Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
ARTICLE XV - NO - ASSIGNMENT
This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto.
ARTICLE XVI - CUMULATIVE RIGHTS
The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY.
ARTICLE XVII - TERMINATION
A. Termination for Convenience. The CITY may terminate this contract, in whole or in part, with 30 days written notice to the CONTRACTOR when it is in the CITY’s best interest. The CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to CITY to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the CITY, the CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. The CONTRACTOR may terminate this contract, in whole, with 90 days written notice to the CITY.
B. Termination for Default. If at any time the CONTRACTOR is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CITY and will be served upon the CONTRACTOR and its sureties. If the CONTRACTOR continues to neglect or refuses to comply
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with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project.
C. Waiver of Remedies for any Breach. In the event that CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by CITY shall not limit CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
ARTICLE XVIII – FEDERAL REQUIREMENTS
Notwithstanding any other provision of this Agreement, if the construction work covered under this Agreement is financed in whole or in part with assistance provided under a program of the U.S.
Department of Housing and Urban Development or some other source of Federal funding, Contractor shall also comply with and cause its subcontractors to comply with the requirements of the Davis-Bacon Act (40 U.S.C. 276 et seq.). The Davis-Bacon Act requires the payment of wages to all laborers and mechanics at a rate not less than the minimum wage specified by the Secretary of Labor in the periodic wage rate determinations as described in the Federal Labor Standards Provisions (HUD-4010) available from the Agency’s Compliance Division. If Contractor is required to comply with the Davis-Bacon Act, Contractor shall pay the higher of Davis-Bacon Act or state prevailing wages, on a trade-by-trade basis.
By entering into this Agreement, Contractor certifies that it is not a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or if HUD funds are involved, to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
Contractor agrees to include, or cause to be included, the above provision, to be applicable to contractors and subcontractors, in each contract and subcontract for work covered under this Agreement.
Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
The City, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents papers and records of the Contractor and any subcontractors which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions. Contractor shall maintain all required records for five years after City makes final payments and all other pending matters are closed.
Contractor shall comply with the Copeland “Anti-Kick Back” Act, 18 U.S.C. §874, as supplemented in Department of Labor regulations. (29 C.F.R. part 3.)
Contractor shall ensure compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ 327 – 33, as supplemented by Department of Labor regulations. See 29 C.F.R. part 5.
Contractor and any subcontractors must comply with Executive Order 11246 as amended by Executive Order 11375 and as supplemented in Department of Labor regulations. (41 C.F.R. part 3.)
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If the Compensation exceeds $100,000, Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency (EPA) regulations, which prohibit the use under nonexempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. (See e.g. 47 C.F.R. §18.36(i)(12).)
If the Compensation exceeds $100,000 for construction or facility improvements, Contractor must observe the building requirements contained in Attachment B of OMB Circular A-110.
No person or entity shall discriminate in the employment of persons in the performance of this Contract by CONTRACTOR or under any subcontract executed by CONTRACTOR in the furtherance of CONTRACTOR’s performance under this Contract because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in Section 12940 of the Government Code. This Contract is also subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. CONTRACTOR and any subcontractor of CONTRACTOR who violates the provisions of Section 1735 of the Labor Code shall be subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the Labor Code; and
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with all applicable implementing regulations. Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and non-personal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.
Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
In accordance with the Equal Employment Opportunity, as amended, and regulations of Executive Order 11246, amended by Executive orders 11375, 11478, 12086, and 12107 (3 CFR 1964-1965 Comp. p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970., p. 803; 3 CFR, 1978 Comp., p. 230; 3 CFR, 1978 Comp., p. 264). The contractor:
a. will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, gender identity or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, without regard to race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following:
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employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of this nondiscrimination clause.”
b. will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Contract so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
c. will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, gender identity, or national origin. d. will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. CONTRACTOR will assist and cooperate actively with the CITY and the Secretary of Labor in obtaining the compliance of CONTRACTORS and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist the Secretary in the discharge of the Secretary's primary responsibility for securing compliance.
e. will refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended, with a CONTRACTOR debarred from, or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to said Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Housing and Urban Development or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order; and
Contractor shall comply with the requirements set forth in 24 CFR part 5 and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended, or ineligible contractors or subcontractors; and Contractor shall comply with Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority and womenowned business enterprises. In accordance with 2 CFR § 200.321 all non-federal entities must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. As used in this Contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women.
Contractor shall comply with the conflict-of-interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611.
Contractor shall comply with the regulations and authorities under 2 CFR 200 the Contractor and
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applicable subcontractors shall maintain adequate invoices, receipts, job records and disbursement journals and such other records for the Project for a period of five (5) years.
Neither the Contractor nor any subcontractor may use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractors and subcontractors must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or worker’s representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor’s noncompliance with nondiscrimination clause of this contract with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued
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pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Contractor shall comply with the regulations and authorities under Executive Order 11246. a. As used in these specifications:
1. Covered area means the geographical area described in the solicitation from which this contract resulted;
2. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
3. Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United Treasury Department Form 941.
4. Minority includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation, and which is set forth in the solicitations from which this contract resulted.
c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or
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subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
1. Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.
3. Maintain a current file of the name, address, and telephone numbers of each minority and female off-the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.
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4. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations.
5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
6. Disseminate the contractor’s EEO policy by providing notice of the police to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
7. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
8. Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
9. Direct its recruitment efforts, both oral and written to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process.
10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of the contractor’s work force.
11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
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13. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor’s obligations under this specification are being carried out.
14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
16. Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g (1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractors, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance. i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action’s steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal
Page: APPENDIX A.21
employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic, or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
Section 3 of the Housing and Urban Development Act of 1968, As Amended The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall
Page: APPENDIX A.22
begin.
The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
For federally assisted construction contracts in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.
Page: APPENDIX A.23
--------SIGNATURES ON FOLLOWING PAGE--------
Page: APPENDIX A.24
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the _____ day of _____________________, 20__, by their respective officers duly authorized in that behalf.
CITY OF CUDAHY:
a Municipal Corporation
By: _____________
Alfonso Noyola, ICMA-CM
City Manager
Date: _______________________
ATTEST:
By: _____________
Richard Iglesias, CMC
City Clerk
Date: _______________________
AMERICAN PRIDE BUILDERS CO
a California Corporation
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By: _____________
Stephanie Arechiga
City Attorney
Date: _______________________
Page: APPENDIX A.25
PUBLIC IMPROVEMENTS WARRANTY
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
On ________________________, 20__, the City of CUDAHY accepted as complete and meeting the standards of City, the following public improvement(s):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________, built and constructed by or for _____________________, ("Contractor")
Contractor hereby warrants and guarantees the aforementioned public improvements as to the material used and workmanship performed for a period of one (1) year following the date set forth above.
In the event of a defect, malfunction, or failure to conform t the improvement specifications and all applicable local standards, the Contractor shall repair or replace said improvements at Contractor's own and sole expense within a reasonable time from notice of the defect from City. Should Contractor fail to cure any defect within a reasonable period of time, Contractor agrees to reimburse City for any and all costs of City's efforts to cure any defect once City has provided notice to the Contractor of the defect and the City's intent to cure such defect.
Should litigation be necessary to enforce the provisions of this warranty, the prevailing party shall be entitled to reimbursement for attorney’s fees and court and related costs.
Executed at _________________________, California, on the day and year first written above.
CONTRACTOR
By:__________________________
Signature
By:__________________________
(Typed Name)
Its:__________________________
Title
By:__________________________
Signature
By:__________________________
(Typed Name)
Its:__________________________
Title
[NOTARY REQUIRED]
Page: APPENDIX A.26
FAITHFUL PERFORMANCE BOND
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
KNOW ALL MEN BY THESE PRESENTS that _____________________________________________, as CONTRACTOR and_____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, in the penal sum of _________________________________________dollars ($ ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of _____________, 20 .
CONTRACTOR* _________________________________________________________________________
_________________________________________________________________________ SURETY*
_________________________________________________________________________
_________________________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number for authorized representative.
Subscribed and sworn to this ______ day of _______________, 20__.
NOTARY PUBLIC:_______________________________________________________
Page: APPENDIX A.27
MATERIAL AND LABOR BOND
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
KNOW ALL MEN BY THESE PRESENTS that _____________________________________________, as CONTRACTOR and_____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, in the penal sum of _________________________________________dollars ($ ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of _____________, 20 .
CONTRACTOR* ____________________________________________________________
_________________________________________________________________________ SURETY*
_________________________________________________________________________ ______________________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number for authorized representative.
Subscribed and sworn to this ______ day of _______________, 20__.
NOTARY PUBLIC:______________________________________________________
Page: APPENDIX A.28
EXHIBIT A
CITY OF CUDAHY, CALIFORNIA
BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS for
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
Date Issued: August 12, 2024
Bid Due Date:
Monday, September 11, 2024, at 3:00 pm
Submit bids to:
Office of the City Clerk
City of CUDAHY
5220 Santa Ana Street CUDAHY, CA 90201
Approved by: ______________________
Ronald Bow
Public Works Director/City Engineer
City of Cudahy
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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TABLE OF CONTENTS
DESCRIPTION SECTION
NOTICE INVITING BIDS A
INSTRUCTIONS TO BIDDERS B
BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) C
GENERAL PROVISIONS D
SPECIAL PROVISIONS E
APPENDICES:
APPENDIX A - SAMPLE CONTRACT TO BE EXECUTED
APPENDIX B - FEDERAL REQUIREMENTS
APPENDIX C – PROJECT IMPROVEMENT KEY MAPS
APPENDIX D – PROJECT SPECIFICATIONS & CUT SHEETS
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL” Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 68 of 273 Page 801 of 1219
Page: A.1
A. NOTICE INVITING BIDS
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
PUBLIC NOTICE IS HEREBY GIVEN that the City of CUDAHY invites sealed bids for the above stated project and will receive such bids in the Office of the City Clerk, City of Cudahy, 5220 Santa Ana Street Cudahy, CA 90201, up to the hour of 3:00 pm on September 11, 2024. Any bids received late will be returned unopened. The bids received will be publicly opened approximately 15 minutes after the bid submittal deadline in the City Council Chambers.
Mandatory Pre-Bid Meeting
A Mandatory Pre-Bid Meeting/Job Walk will be held to discuss the Door Replacement at Various Sites Bid and Section 3 Requirements. Staff will respond to questions from potential Bidders. All potential Bidders are required to attend this meeting. The meeting is scheduled as follows 10:00 am on Tuesday, August 28, 2024, at Clara Park Community Center: 4835 Clara St, Cudahy, CA 90201.
Pre-Bid Inquiries:
All questions regarding this bid shall be directed via email, no later than 7 calendar days prior to date and time and to the person specified in Section A – Notice Inviting Bids. Any questions received after above deadline will not be responded. Please submit all questions via email only to Duane Tut at [email protected].
Bidding and Contract Documents, Plans and Specifications Available:
Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:
1. Please e-mail your request with your contact information to: [email protected]. Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.
2. Hard copy of the Bidding and Contract Documents, Plans and Specifications will not be provided.
Scope of Work:
The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project. The ADA Door Installation (“Project”) would replace non-ADA doors to publicly accessible community gathering spaces at Clara Park Community Center (4835 Clara St). Through the procurement process, the installation of accessible doors would allow easier access to persons with disabilities and elderly persons. See Appendix C – PROJECT IMPROVEMENT KEY MAPS & APPENDIX D – PROJECT SPECIFICATIONS & CUT SHEETS for work details.
Location of Work:
The project is located at the following facilities:
• Clara Park Community Center: 4835 Clara St, Cudahy, CA 90201 (APN: 6226-020-904) Retention:
The City will deduct a State-mandated 5 percent retention from all progress payments.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 69 of 273 Page 802 of 1219
Page: A.2
Project Completion:
The project shall be completed within 30 working days of the effective date of City’s Notice to Proceed by following provisions on Section B – Instruction to Bidders, CONSTRUCTION SCHEDULE, PROGRESS
OF WORK, LIQUIDATED DAMAGES
Bid Bond:
Bids must be accompanied by a bid bond, made payable to the City of CUDAHY for an amount no less than ten percent (10%) of the bid amount.
Required License Classification:
Required License Classification is State of California B. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the Business and Professions Code.
SB 854 Requirements
This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a printout from the DIR registration website showing that the prime contractor and each subcontractor is currently registered. No bid proposals will be accepted, nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]. The prime contractor will be required to post job site notices regarding Labor Code compliance as described in 8 California Code of Regulation section 16451(d).
FEDERAL CONTRACT PROVISIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT Prevailing Wages Statement:
“This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced.” The current Federal Wage Decision” is the one in effect 10-days prior to the bid opening date and can be found on-line at http://www/dol.gov. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail.”
Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of five (5) years thereafter for all laborers and mechanics working at the site of the work. The contractor or subcontractor shall make the records required under subparagraph A.3.(i) of HUD 4010 available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 70 of 273 Page 803 of 1219
Page: A.3
Conflict of Interest Statement:
No employee, officer or agent of the sub-recipient shall participate in selection, or in the award administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Refer to: 24 CFR 85.36 [Non-Profit Organizations – 24 CFR 84.4], OMB Circular A110, and 24 CFR 570.611, respectively, shall apply.
Section 3 Project
This is a HUD Section 3 Contract, and all Bidders/Proposers must commit to achieving established requirements, including benchmarks, for Section 3 Workers and Section 3 Targeted Workers to be considered a responsive bidder/proposer and eligible for a contract award.
The Bidder/Proposer must declare an intent to comply with Section 3 requirements, including benchmarks, in order to be a responsive bidder/proposer eligible for contract award. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
The Bidder/Proposer is required to complete and submit the Declaration of Intent to Comply with Section 3 Requirements - Required Contract Forms and Certifications, certifying that they intend to comply with the Section 3 provisions as defined in Section 8.43 (Section 3 of the Housing and Urban Development Act of 1968, As Amended) in Sample Contract. Further, Proposers are required to comply with the requirements under the said provision for the term of any contract awarded pursuant to this solicitation.
Prospective bidders/proposers should carefully read the information including - Contract Notices, Section 3 Provisions for Housing and Community Development Assistance and Public Housing Assistance, as applicable.
Proposals that fail to comply with the requirements of Section 3 will be considered non-responsive and excluded from further consideration.
The Build America, Buy America Act (BABA)
Requires that all iron and steel, construction materials, and manufactured products used in Federally-funded infrastructure projects are produced in the United States. 2 CFR § 184.
Federal and State Contractor Eligibility Check:
Prior to awarding a contract, contractor verification will be performed through the California Department of Industrial Relations at http://www.cslb.ca.gov, http://efiling.dir.ca.gov, and eligibility at http://www.dir.ca.gov/dsle/debar.html and excluded parties list at the federal System for Award Management (SAM) website http://www.sam.gov.
Bonds Required:
A labor and materials payment bond is required in accordance with California Civil Code 9550 in a form approved by the City. Also, a performance bonds and public improvement warranty are Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 71 of 273 Page 804 of 1219
Page: A.4
required. See Sample Contract for the required bond forms.
Substitution of Securities for Retention:
The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance with California Public Contracts Code 22300.
Excavation Safety:
If the work involves an excavation or trench five feet or deeper, the bid must contain a separate bid item for adequate sheeting, shoring, bracing and safety measures approved by the City.
Environmentally Sensitive Materials
□ This Invitation for Bids does not specify locations of possible materials, such as a borrow pit or gravel bed, for use in the proposed construction project which would be subject to Section 1603 of the Fish and Game Code.
City Business License:
The successful Contractor and his subcontractors will be required to possess business licenses from the City.
In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work’s contract or subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
The City reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of 90 calendar days.
Any contract entered into pursuant to this notice shall become effective or enforceable against the City of CUDAHY only when the formal written contract has been duly executed by the appropriate officers of the City.
Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.
If there are any questions regarding this project, please contact via e-mail:
[email protected]
All inquiries must be submitted in writing by e-mail.
BY ORDER of the City of CUDAHY, California.
Richard Iglesias
Assistant City Clerk
City of Cudahy, California
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 72 of 273 Page 805 of 1219
Page: B.1
B. INSTRUCTIONS TO BIDDERS
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
LOCATION OF WORK
The project is located at the following facilities:
• Clara Park Community Center: 4835 Clara St, Cudahy, CA 90201 (APN: 6226-020-904)
PROPOSAL FORMS
Bids shall be submitted on the Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements.
PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a bid bond payable to the City of CUDAHY in the amount not less than 10 percent of the total amount of bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.
DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside:
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
It is the bidder’s responsibility alone to ensure delivery of the proposal to the hands of the City’s designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered and will be returned unopened.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 73 of 273 Page 806 of 1219
Page: B.2
CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES In accordance with the Standard Specifications, and/or as may be provided for within the herein Special Provisions, after notification of award and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed Construction Schedule. At a scheduled date prior to commencement of work, the Contractor and all subcontractors shall attend a pre-construction conference at the City Hall.
After notification of award and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed Construction Schedule. At a scheduled date prior to commencement of work, the Contractor and all subcontractors shall attend a pre-construction conference at the City Hall. The selected Contractor shall complete the project per the schedule indicated in the Notice of Inviting Bids section of the specifications. The Contractor agrees that failure to complete work within the time allowed will result in damages being sustained by the City. Contractor and City agree that failure to complete the project will result in inconvenience to the citizens of CUDAHY. The parties also agree that failure to complete the project on time will prevent the City from having the use of the affected facilities. Therefore, the parties agree such damages among others are, and will continue to be, impracticable and extremely difficult to determine, but that $500 a calendar day is the minimum value of such costs to the City and is a reasonable amount that the Contractor agrees to reimburse the City for each calendar day of delay in finishing the work in excess of the time specified for completion, plus any authorized time extensions. Execution of the contract under these specifications shall constitute agreement by the Contractor and the City that the above indicated liquidated damage amount per calendar day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. Said amount may be reduced by the City if work is sufficiently completed within the/an allotted time so that the damages are minimized.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City’s designated official prior to the bid opening hour stipulated in the Notice Inviting Bids.
Proposals may not be withdrawn after the bid opening hour stipulated in the Notice Inviting Bids without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
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Page: B.3
DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code.
DISCREPANCIES, MISUNDERSTANDINGS, INTERPRETATION
Before submitting a Proposal, Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed, and shall include in the Proposal, the cost of all items necessary in the construction of the project. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such the Bidder might have fully informed himself prior to the bidding. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City. Should a Bidder find any ambiguity, inconsistency or error in the plans and project manual, or be in doubt as to their meaning, the Bidder shall notify the contact person listed in this bid package. Issues requiring clarification will be addressed in a written addendum response, sent by email to each Bidder, person or firm recorded by the City as having received plans. Any addenda issued by the City during the time of bidding are to be included in the proposal from the Bidder and shall become a part of the Bid documents. The Bidder shall acknowledge receipt of addenda on the proposal form in the space provided. By submitting a bid, the Bidder shall be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the plans, specifications, site conditions and/or contract provisions.
Any questions by the bidders shall be submitted via e-mail to:
[email protected]
All inquiries must be submitted in writing by e-mail.
PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. No fee is charged for the Permit issued by the City for a public works project. The Contractor shall pay for and obtain a City Business License.
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CONTRACTORS LICENSE LAW
The successful Bidder shall comply with and require all subcontractors to comply with all Federal, State and City Contractor License Laws and be dully Registered and Licensed thereunder as required.
BONDS
All bonds shall be written and executed by a corporate surety with a Best's rating of A: VII or better. In conformance with the Proposal, Part I, Bidding and Contractual Documents, a bidder to whom the contract is awarded shall, within the time mentioned in said Proposal, furnish a bond with a responsible corporate surety or corporate sureties conditioned upon the faithful performance of said bidder of all covenants and stipulations in the Contract Documents. Said bond, hereinafter referred to as the Performance and Guarantee Bond, shall be on the mandatory form included as a part of these Contract Documents, and shall be in accordance with the following:
(a) Amount of Security. Contractor shall provide as security to the City:
1. For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the estimated total cost of the improvements. With this security, the form of which shall be subject to the City's prior approval, the Contractor shall assume faithful performance of the agreement and guarantee the improvements for one (1) year after the completion and acceptance of the last of such improvements against any defective workmanship or materials or any unsatisfactory performance. The estimated total cost of the improvements shall be subject to prior approval of the City Engineer and shall provide for (a) no less than five (5) percent and no more than ten (10) percent of the estimated total cost for contingencies; and (b) an increase for projected inflation computed to the estimated midpoint of construction.
2. For Payment: Security in an amount equal to 100 percent (100%) of the estimated total cost of the improvements. With this security the form of which shall be subject to the City's prior approval, the Contractor shall guarantee payment to subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Contractor. (b) Reduction or Release of Security. Upon acceptance of improvements by the City Council, and upon request of the Contractor, the improvement may be reduced as follows:
1. Security for performance and guarantee: Unless Contractor submits new or additional warranty security in an amount equal to ten percent (10 %) of the estimated total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than ninety percent (90%) of the aggregate principal amount thereof prior to the expiration of the one-year guarantee and warranty period specified in subsection (a)1 of this section, nor until all claims filed or deficiencies identified during such period have been settled or corrected. New or additional warranty security shall be released upon expiration of the one-year guarantee and warranty period, provided that all claims filed, or deficiencies identified during the period have been settled or corrected.
2. Security for payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six months after acceptance of all of the improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any Door Replacement at Various Sites
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other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given.
The City reserves the right to reject any proposed bonding company without stating cause. In this event the successful Bidder shall provide an alternate bonding company selection acceptable to the City.
Bonds shall conform with state statutes regarding performance bond and labor and material payment bond with amount shown on each part equal to 100% of the total amount payable by terms of the Contract for Construction. The surety company shall be licensed to do business in state in which construction project is located and shall be acceptable to the City. Bond amount shall be increased to include any Change Order(s) added to the contract to 100% total value amount of each Change Order.
Bonds will be recorded along with a copy of the construction contract in the County Recorder Records by the General Contractor with written proof submitted to the City.
LIABILITY INSURANCE
Before the contract is executed on behalf of the City, a bidder to whom the contract has been awarded shall furnish to the City a policy or certificate of protective liability insurance in which the City shall be named as an additional named insured with the bidder. The policy shall insure the City, its officers, its employees and its agents, including the Design Engineer and Construction Manager as additional named insured; the bidder, his employees and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed and shall remain in full force and effect until the work is accepted by the City.
INSURANCE POLICIES AND BONDS
Attention is invited to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.
SOCIAL SECURITY ACT
The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of the Act of Congress approved August 14, 1935, known and cited as the Social Security Act and also the provisions of the act of the State Legislature Approved, and known as the State Unemployment Compensation Law and all other laws and regulations pertaining to labor and workmen and all amendments to such data, and the contractor further agrees to indemnify and hold harmless the City of CUDAHY of and from any and all claims and demands made against it by virtue of the failure of the contractor or any subcontractors to comply with the provisions of any or all of said acts and amendments.
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TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of applicable state sales excise tax law and compensation use tax law and all amendments to same. The successful Bidder further agrees to defend, indemnify, and hold harmless the City of CUDAHY of and from any and all claims and demands made against the City or its officers, agents or employees by virtue of the failure of the Contractor or any Subcontractors to comply with the provisions of any or all said laws and amendments.
WAIVER OF LIENS
The successful Bidder (General Contractor) is responsible for the payment of all bills for labor and materials furnished by the subcontractors, the suppliers, and the General Contractor on this project. The General Contractor shall deliver to the City, unconditional Lien Waivers and/or Releases from himself and from each of his subcontractors and suppliers, and at such time he shall certify that he is submitting such lien waivers for all subcontractors and suppliers involved.
If any liens are filed against the City property, the City may, at its option, demand General Contractor immediately provide a bond in accordance with state statutes.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.
AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined solely by the City.
The City of CUDAHY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 90 calendar days, as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.
The Contractor shall submit a signed contract, bonds, insurance, and all necessary documents to the City, within the required schedule.
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EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions in Section 1777.5 of the California Labor Code concerning employment of apprentices by the contractor or any subcontractor under him. The contractor and any subcontractor under him shall comply with the requirements of said section in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section for all apprenticable occupations, regardless of any other contractual or employment relationships alleged to exist.
CONFLICT OF INTEREST
In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict-ofinterest provisions in (State LCA-24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
SUBCONTRACTS
The Contractor is required to perform, with its own organization, contract work amounting to at least 51% of the Contract Price. Failure to meet these requirements will result in disqualifying of the bid or termination of the contract. This provision supersedes any other provisions which specified a different subcontract requirement.
PROJECT CLOSE OUT DOCUMENTS
Within 10 calendar days of completion of the project, the Contractor shall submit project close out documents, including: Drawings showing as built conditions with red pencil; All warranties and guarantees; All paperwork required for labor compliance; All final lien releases; All other project related documents requested by the City.
PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder’s attention is directed to the applicable provisions in the Standard Specifications for Public Works Construction requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid.
1. Examination of Site, and Specifications: Bidders shall examine the site of the work and acquaint themselves with all conditions affecting the work. By submitting a bid, the Bidder shall be held to have personally examined the site, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the specifications, site conditions and/or contract provisions.
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2. The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment, and incidentals, that are implied or required for the complete improvements as contemplated by the contract documents.
OTHER CONTRACT PROVISIONS
The bidder’s attention is directed to other contract provisions in the Appendices section of these Contract Documents, which must be observed in the preparation of the proposal form and the submission of the bid.
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL” C. BIDDER’S PROPOSAL
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
Bidder’s Name:
In accordance with the City of CUDAHY’s Notice Inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of CUDAHY of the guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. 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 amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of CUDAHY’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City of CUDAHY and this bid and the acceptance hereof may, at the City of CUDAHY’s option, be considered null and void.
BID SCHEDULE
To the CUDAHY’s City Council, herein called the “Council”: Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work as per the paragraph, Discrepancies and Misunderstandings, contained in the INSTRUCTIONS TO BIDDERS section, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule (Bidder shall provide a bid amount for each bid item. Failure to provide a bid for each bid item shall render the bid non-responsive):
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”
BID SCHEDULE
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
Item
No. Description Qty Unit Unit Cost Total Cost
1.1 Remove (2) two double glass door & jamb (72”
x 84”), as well as transom & adjacent glass
windows. Furnish & replace with two ADA
compliant automatic glass sliding doors and
windows/with restricted Entry & Exit access
within building including all electrical &
hardware for operation or city approved equal.
1 EA $__________ $___________
1.2 Remove double glass door & jamb (72” x 84”).
Furnish & replace with ADA compliant
automatic glass folding door/with restricted
Entry & Exit access including electrical &
hardware for operation or city approved equal.
1 EA $__________ $___________
1.3 Remove double glass door & jamb (72” x 84”).
Furnish & replace with ADA compliant
automatic glass folding door/with restricted
Entry & Exit access including electrical &
hardware for operation or city approved equal.
1 EA $__________ $___________
TOTAL BID AMOUNT $___________
TOTAL BID AMOUNT IN WORDS _________________________________________________________ ____________________________________________________________________________________ TOTAL BID AMOUNT IN NUMBERS: $___________________________________ TOTAL BID AMOUNT IN WORDS: $_____________________________________ Door Replacement at Various Sites
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL” The award of Contract shall be based on the TOTAL BASE BID SCHEDULE AMOUNT only.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.
Full compensation for the items listed to the right
(Items A, B, & C) are considered as included in
each and all bid Items listed in the bid schedule
as applicable, and no additional and/or separate
compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control, Public Convenience and
Safety
C. SWPPP Implementation, Erosion Control and
BMP'S
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.
All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.
The City reserves the right to add, delete, 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 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.
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.
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one percent of the bid and to procure materials and equipment from following subcontractors, suppliers and vendors as follows:
Subcontractor
Name Work to be Performed Contractor’sLicense # DIR # Dollar Amount $_____________
$_____________
$_____________
$_____________
$_____________
$_____________
$_____________
$_____________
$_____________
$_____________
$_____________
$_____________
TOTALS $___________
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”
REFERENCES
The City of CUDAHY is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work desired by the Public Works Department. Any and all references required to be provided by the bid specifications must be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included.
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past three years.
Reference Contact Information Reference Project Name and Work Performed
Contract
Value
Date
Completed
Agency Name:
Contact Name and Title: $_________
Contact Tel No:
Agency Name:
Contact Name and Title: $_________
Contact Tel No:
Agency Name:
Contact Name and Title: $_________
Contact Tel No:
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL” BONDS
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom Bidder intends to procure insurance bonds:
______________________________________________________________________________
SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project WITHOUT QUESTION.
Name of Person who inspected the site: _____________________ Date of Inspection: _____________________
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal:
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”
NONCOLLUSION DECLARATION
NONCOLLUSION DECLARATION TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID FOR
________________________________
(Project Name)
The undersigned declares:
I am the ____ of ____, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ___________________[city], ________________________[state]."
___________________________________________
(Signature)
___________________________________________
(Printed name)
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”
BIDDER INFORMATION
Bidder’s Name:
Address:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If a Corporation, State of Incorporation (i.e., Calif.) Valid State Contractor’s License No. and Class
DIR Registration No.: (Also provide DIR No’s for subcontractors as separate attachment)
Contact Person Information:
Name Title E-mail Tel
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
_______________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows:
__________________________________________________________________________ _________________________________________________________________________ All current and prior DBA’S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
__________________________________________________________________________ Previous contract performance history:
1. Was any contract terminated previously:_______
If the answer to the above is “yes”, provide the following information:
Contract/project name and number:___________________________________________ Date of termination:________________________________________________________ Reason for termination:_____________________________________________________ Owner’s name:___________________________________________________________ Owner contact person and tel. no.: _________________________________________
2. In the past ten years have you filed a claim for money against any public entity? If the answer to the above is “yes”, provide the following information:
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL” Contract/project name and number:___________________________________________ Date of filing claim:________________________________________________________ Reason for filing claim:_____________________________________________________ Owner’s name:___________________________________________________________ Owner contact person and tel. no.: _________________________________________
3. In the past ten years have you been a party to legal action by or against a public entity arising out of the performance of a public works contract?
If the answer to the above is “yes”, provide the following information:
Contract/project name and number:___________________________________________ Date of commencement of litigation:______________________________________________ Reason for litigation:_____________________________________________________ Owner’s name:___________________________________________________________ Owner contact person and tel. no.: _________________________________________ IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.
BIDDER ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Subscribed and sworn to this _____ day of _______________, 20__.
NOTARY PUBLIC _______________________________________________________________ Door Replacement at Various Sites
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”
PROPOSAL GUARANTEE/BID BOND
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
KNOW ALL MEN BY THESE PRESENTS that __________________________________ ______________________________________, as BIDDER, AND ________________ ____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, in the penal sum of ___________________dollars ($ ), which is 10 percent of the total amount bid by BIDDER to the City of CUDAHY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of CUDAHY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of CUDAHY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of _______________, 20__.
BIDDER* _____________________________________________________________ _____________________________________________________________ SURETY* _____________________________________________________________ _____________________________________________________________ *Provide BIDDER/SURETY name, address and telephone number and the name, title, address, and telephone number for authorized representative.
Subscribed and sworn to this _____ day of _______________, 20__.
NOTARY PUBLIC:______________________________________________________ Door Replacement at Various Sites
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D. GENERAL PROVISIONS
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
A. GENERAL
All work shall be performed in accordance with the "California Building Code”, Latest Edition, the General Provisions, and these Special Provisions.
In case of conflict the more stringent requirement shall apply, except when the City makes an exception. The City has the right to make such exception at its discretion, and the contractor shall provide reasonable cost discount if the City decides to implement the lesser stringent option.
NOTIFICATION
The Contractor shall notify the City of CUDAHY and the owners of all utilities and substructures not less than 48 hours prior to starting construction.
CITY HOLIDAYS
City offices are closed on the following days: New Year’s Day; Martin Luther King, Jr. Day; President’s Day; Memorial Day; Independence Day; Labor Day; Veteran’s Day; Thanksgiving (2 days) and Christmas Day. During these holidays, inspections will not be available.
EMERGENCY INFORMATION
The names addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the City Police Department prior to beginning work.
AS- BUILT DRAWINGS
Provide and record a complete “As Built” records set of blue line prints showing changes from the original drawings and specifications and the exact “As Built” locations, sizes, and types of equipment.
Prints for this purpose may be obtained from the City. Keep this set of drawings on the site and use only as a record set. Use these drawings as work progress sheets. With red pencil, make neat and legible annotations thereon as the work proceeds, showing the work as actually completed. always Keep these drawings available for inspection. Before the date of the final inspection, provide the “As Built” prints to the City. Please note, that failure to submit an “As Built” set of drawings as noted above will result in the retention payment being delayed.
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B. ADDITIONAL CONTRACTOR’S DUTIES:
Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.
C. CONTRACTS:
Construct entire work under one contract with the City.
D. The Specifications and Drawings are complementary, and what is called for in one shall be binding as if called for in both.
E. Subsection 2-5.2, "Precedence of Contract Documents", (SSPWC), revise the order of precedence and incorporate additional items as follows:
1) Permits issued by jurisdictional regulatory agencies 2) Change Orders and/or Supplemental Agreements, which occurs last 3) Contract/Agreement
4) Addenda
5) Bid/Proposal
6) Special Provisions (Section E)
7) Plans
8) General Provisions (Section D)
9) Standard Plans
10) Standard Specifications
11) Reference Specifications
F. DISCREPANCIES IN THE CONTRACT DOCUMENTS:
Any discrepancies, conflicts, errors, or omissions found in the Contract Document shall be promptly reported in writing to the City Engineer or his/her designee, who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, conflicts, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed by the City Engineer or his/her designee, and no additional payment or time shall be allowed therefor, except as provided in the Standard Specifications.
If discrepancies are discovered between the drawings and the specifications, and no specific interpretation is issued prior to the bidding, the decision regarding this interpretation shall rest with the City Engineer or his/her designee. The Contractor shall be compelled to act on the City Engineer or his/her designee's decision as directed. In the event the installation is not in compliance with the direction of the City Engineer or his/her designee, the installation shall be corrected by and at the expense of the Contractor at no additional cost to the City.
In case of such discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing/constructing the discrepancy that would have the highest dollar value.
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G. ERRORS AND OMISSIONS:
If the Contractor, in the course of the work, becomes aware of any claimed errors or omissions in the contract documents or in the City's field work, it shall immediately inform the City Engineer or his/her designee. City Engineer shall promptly review the matter, and if he/she finds an error or omission has been made, he/she shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order. After discovery of an error or omission by the Contractor, any related work performed by the Contractor shall be done at its risk unless authorized by the City Engineer or his/her designee.
H. CHANGED CONDITIONS:
The plans for the work show conditions as they are believed by City Engineer to exist, but is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City that such conditions are actually existent, nor shall the City be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise. The word "conditions" as used in this paragraph includes, but is not limited to, site conditions, both surface and subsurface.
The Contractor shall examine the site, compare it with the drawings and specifications and shall satisfy itself as to the conditions under which the work is to be performed. The Contractor shall ascertain and check the location of all existing structures, utilities and equipment which may affect its work.
The Contractor shall be responsible to re-examine the site, as necessary, for performance of change orders or other proposed changes which may affect its work. No allowance shall subsequently be made on the Contractor's behalf for any extra expense or loss of time which incurred due to failure or negligence on its part to make such examination.
I. MARKUP:
No extra work nor change orders shall be done unless authorized in advance by the City Engineer.
For extra work and change orders the following percentages shall apply:
1. LABOR COSTS
a. Labor markup for employer taxes standard federal/state rates, approximately: 10% b. Labor markup for fringe benefits (if fringe benefits are not included in the labor cost: 15% c. Labor overhead markup: 10%
d. Profit markup: 10%
2. MATERIAL, EQUIPMENT, SUBCONTRACTOR COSTS
Only 5% markup by prime contractor will be allowed on materials, equipment, and subcontractor costs. No other additional markups (overhead, profit, etc.) will be allowed.
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3. After the total amount is established by adding the above items, an additional 2% markup for INSURANCE AND BONDING COSTS will be allowed.
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel, and other vehicles and/or equipment present at the job site but not directly used in actual construction activities. Incidental movements of labor, materials, supplies, or equipment shall not be considered as use in actual construction activities. These costs shall not be reported as labor or equipment elsewhere, except when performing work directly on the change order and then shall only be reported at the labor classification of the work performed.
J. ALLOTTED WORKING SPACE:
The Contractor shall be responsible for storing his materials and equipment. The City will not allow storing equipment, materials, vehicles, removed items, debris, etc. in the Public Right-of- Way overnight unless approved by the Engineer.
K. ACCEPTANCE OF SITE:
The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract.
L. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS:
The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property per subsection 7.9 of the SSPWC.
M. SITE SECURITY AND SAFETY:
1. The Contractor shall secure the project as well as the adjoining properties during construction.
2. The provision of Section 7-10.1 (Traffic and Access), Section 7-10.2 (Storage of Equipment and Materials in Public Streets), and Section 7-10.4 (Public Safety) all as contained in the Standard Specifications, shall be applicable to this project.
3. At the end of the Work Day the job site shall be left in a neat and orderly manner. Roadway and parking shall be made available wherever possible to the satisfaction of the City Engineer.
4. During construction the Contractor shall provide adequate access to each residence or business affected by this project to the satisfaction of the Engineer.
5. Should any change in these requirements be necessitated by extraordinary occurrences or requirements during the execution of the work, the Contractor shall obtain prior written approval of the Engineer.
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N. WORK SITE MAINTENANCE
Add the following to Section 7-8, “Work Site Maintenance” of the SSPWC:
1. Sanitary Conditions. The Engineer may from time to time prescribe rules and regulations for maintaining sanitary conditions along the work and the Contractor shall enforce observance of the same by its employees and the employees of the subcontractor, and, if the Contractor fails to enforce these rules and regulations, the Engineer shall have the authority to enforce them.
2. Air Pollution and Dust Control. The contractor shall adhere strictly to Section 7-8.1 and Section 7-
8.2 of the Standard Specifications throughout this entire project.
3. Water Pollution Control. The Contractor shall adhere strictly to Subsection 7-8.6 of the Standard Specifications through the entire project and add the following:
a. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system.
Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs.
All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. b. The following are the areas to be addressed:
a.) Handle, store, and dispose of materials properly.
b.) Avoiding excavation and grading activities during wet weather. c.) Check and repair leaking equipment away from construction site. d.) Use vacuum with all concrete sawing operations.
e.) Catch drips from paver with drip pans or absorbent material. f.) Clean up all spills using dry methods.
g.) Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site.
h.) Call 911 in case of a hazardous spill.
i.) Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan (SWPPP)
j.) Name a person, on site, responsible for complying with S.W.P.P.P.
4. CONTRACTOR TO COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION.
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O. Survey and Layout:
Contractor shall verify all dimensions on the drawings and shall report to the City Representative any discrepancies before proceeding with related work. Contractor shall perform all survey and precise layout work to the satisfaction of the City Engineer or his/her designee. Contractor shall establish final grades and extents for the improvements and preserve such work on as-built plans.
P. The Contractor is reminded that he is responsible for the control of water through the construction area, always.
Q. Payments to Contractor and Claims
1. Payment for Labor and Materials. The Contractor shall pay and cause the subcontractors to pay any and all accounts for labor, including Worker's Compensation premiums, State Unemployment and Federal Social Security payments and all other wage and salary deductions required by law.
The Contractor also shall pay and cause the subcontractors to pay any and all accounts for services, equipment and materials used by it and the subcontractors during the performance of work under this contract. All such accounts shall be paid as they become due and payable. If requested by the Engineer, the Contractor shall immediately furnish the City with proof of payment of such accounts.
2. Additional Work. Payment for additional work and all expenditures in excess of the bid amount must be authorized in writing by the Engineer or his/her designee. Such authorization shall be obtained by the Contractor prior to engaging in additional work. It shall be the Contractor's sole responsibility to obtain written approval from City Engineer for any change(s) in material or in the work proposed by suppliers or subcontractors. No payment shall be made to the Contractor for additional work which has not been approved in writing, and the Contractor hereby agrees that it shall have no right to additional compensation for any work not so authorized.
3. Claims. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the City, or the happening of any event, thing, or occurrence, unless he shall have given the City due written notice of potential claim as hereinafter specifications. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. Said notice shall be submitted on a form approved by the City at least forty-eight (48) hours (two working days) in advance of performing said work, unless the work is of an emergency nature, in which case the Contractor shall notify and obtain approval from the Inspector prior to commencing the work. The Engineer or his/her designee. may require the Contractor to delay construction involving the claim, but no other work shall be delayed, and the Contractor shall not be allowed additional costs for any said delay but may be allowed on extension of time if the Engineer or his/her designee. agrees that the work delayed is a controlling element of the Construction Schedule. The Contractor shall be required to submit any supporting data (or a detailed written explanation justifying further delay) within five (5) Work Days of a request from the Engineer or his/her designee and shall be responsible for any delays resulting from late and/or incomplete submittals. By submitting a Bid, the Contractor hereby agrees that this Section shall supersede Sections 6-6.3 and 6-6.4 of the Standard Specifications.
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The City shall be the sole authority to interpret all plans, specifications and contract documents, and no claim shall be accepted which is based on the Contractor's ignorance, misunderstanding or noncompliance with any provision or portion thereof.
The above provisions shall supplement Section 3 of the Standard Specifications. The Contractor shall be responsible to provide all data and to obtain all approvals required by said Specifications, including submittal of Daily Extra Work Reports. No claims or extras shall be approved by the City unless all work was done under the direction of and subject to the approval of the Inspector.
Disputed work claims shall comply with Section 3 of the Standard Specifications, as modified herein.
It is the intention of this Subsection that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken.
The Contractor hereby agrees that it shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written notice of potential claim as herein required was filed.
4. Noncompliance with Plans and Specifications. Failure of the Contractor to comply with any requirement of the Plans and Specifications, and/or to immediately remedy any such noncompliance upon notice from the Engineer, may result in suspension of Contract Progress Payments. Any Progress Payments so suspended shall remain in suspension until the Contractor's operations and/or submittals are brought into compliance to the satisfaction of the Engineer. No additional compensation shall be allowed as a result of suspension of Progress Payments due to noncompliance with the plans or specifications. The Contractor shall not be permitted to stop work due to said suspension of Progress Payments.
5. Request for Payment. Contractor shall submit all requests for payment on the City provided form.
The City shall provide the form for use after Contract is awarded.
Prior to submittal of said form, all items for which payment is requested shall be checked and approved in writing by the City Engineer. No payments will be made unless all back-up data is submitted with the payment request and the Progress Payment Invoice is signed by both Contractor and City Engineer.
There shall be no separate payment for any relocations, barriers or forms, grading or temporary construction required to construct the improvements herein. Payment for these items shall be absorbed in the Bid Prices for the applicable work to which they are appurtenant, and no extra costs shall be allowed.
The payment of amounts due to the Contractor shall be contingent upon the Contractor and subcontractors furnishing the City with a release of all claims against the City arising by virtue of the Contract related to said amounts.
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R. Legal Address of Contractor. The address given in the Bidder's Proposal is hereby designated as the place to which all notices, letters, and other communications to the Contractor will be mailed or delivered, except such notices and communications as shall be given by the City's Inspectors to the Contractor's designated Superintendent in the field. The mailing or delivering to said address of any notice, letter, or other communication, or the hand-delivery to said Superintendent, shall be deemed sufficient service thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery. Said address may be changed at any time by a written notice signed by the Contractor and delivered to the Engineer.
S. Final Acceptance
Final acceptance by CITY will be made when Contractor has provided 'as-built' drawings and satisfactorily completed all work and improvements as called for in the Contract Documents including reconciliation of materials. The CITY shall notify Contractor in writing of final acceptance of the work.
Failure or neglect on the part of CITY to reject inferior work during the construction period shall not be construed to imply acceptance of such work nor to preclude its right to reject it. Contractor shall be required to correct all defects which become evident at any time prior to final acceptance of Contractor's work by CITY. The cost of all such repairs, material, labor, and overheads shall be borne by Contractor. Ownership, custody, and control of the work and facilities shall pass to CITY only upon Final Acceptance.
T. Warranty
The Contractor expressly represents and warrants that all work performed, and all materials used are free from defects of workmanship and conform to the Contractor's Contract obligations. This warranty shall commence upon Final Acceptance and end one year from that date. The Contractor shall pay the actual cost to CITY for any breach of this warranty corrected by CITY (including labor, material, and overheads). If CITY is unable to collect for the work after 30 days from completion, the actual cost may be deducted from the Contractor's refundable monies on deposit with CITY. CITY may recover such cost by claim against the surety on the performance or maintenance bond furnished by the Contractor.
U. As- Built Drawings
Provide and record a complete “As Built” records set of blue line prints showing changes from the original drawings and specifications and the exact “As Built” locations, sizes, and types of equipment.
Prints for this purpose may be obtained from the City. Keep this set of drawings on the site and use only as a record set. Use these drawings as work progress sheets. With red pencil, make neat and legible annotations thereon as the work proceeds, showing the work as actually completed. always Keep these drawings available for inspection. Before the date of the final inspection, provide the “As Built” prints to the City. Please note, that failure to submit an “As Built” set of drawings as noted above will result in the retention payment being delayed.
V. Payment
All cost for complying with the requirements of this section shall be included in the various items of the bidding schedule unless specified otherwise.
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E. SPECIAL PROVISIONS
ADA Door Installation Project
Clara Park Community Center:
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
A. GENERAL
1. The Contractor shall obtain a no-fee Construction Permit before commencing construction from the City.
2. Scope of the Work covered by Contract Documents:
Furnish all labor, materials, and equipment for the City of Cudahy for work as shown on APPENDIX C – PROJECT IMPROVEMENT KEY MAPS & APPENDIX D – PROJECT SPECIFICATIONS & CUT SHEETS.
3. The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract.
4. Limits of Work:
Limits of work shall be the legal property boundaries of the project site unless modified by Contract limit lines indicated on the plans or as noted otherwise.
Prior to commencing work on any area, the Contractor shall verify and coordinate them with the Engineer to ascertain the actual limits of work.
6. Project Schedule
The Contractor shall submit a Construction Schedule to City Engineer prior to beginning construction. No work may be started until a Notice to Proceed is issued by the City. A Notice to Proceed shall not be issued until the Schedule has been approved in writing. The work shall be scheduled to assure that construction will be completed within the specified time. The Contractor shall be held responsible for coordination of all phases of the operation so that the time schedule can be met.
The Contractor shall provide to the City all required contract bonds and evidence of insurance prior to the issuance of “Notice to Proceed” by the City.
If the Contractor desires to make a major change in its method or operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to City Engineer a revised Construction Schedule. Said Schedule shall be submitted in advance of beginning revised operations or within two (2) working days after notification by the City Engineer. City Engineer may suspend all progress payments if the Contractor fails to comply.
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7. Notice to Proceed
The Contractor shall not commence work until a Notice to Proceed has been issued by the City to the Contractor.
Prior to the issuance of Notice to Proceed the Contractor shall provide the following:
a. The Contractor shall provide all required contract bonds and evidence of insurance to the City;
b. The Contractor shall submit a Construction Schedule to City Engineer; c. Obtain a no-fee Construction Permit from the City
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work.
The construction date shall begin within 10 days after “Notice to Proceed” is issued by the City to the Contractor.
8. Contract Time
The date construction shall begin will be specified in a Notice to Proceed, by the date indicated in the construction schedule in INSTRUCTIONS TO BIDDERS SECTION of these specifications.
Working hours are between 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding legal holidays and weekends.
During periods when weather or other conditions are unfavorable for construction, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose acceptable quality or efficiency will be affected by any unfavorable conditions shall be constructed while those conditions exist. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.
9. Delay in Obtaining Materials:
No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor either obtains advance written approval from City Engineer or obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather conditions necessitating the cessation of work, or other similar action of the elements.
The Contractor is required to order materials in a timely manner as specified in the "Instruction to Bidders".
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10. Contract Documents:
The Contractor shall maintain at the job site one (1) set of Contract Documents to include Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks Construction. At the end of each working day, the Contractor shall submit to the Inspector an accurate "as-built" drawing of any changes that occurred from the approved plans and drawings, including Change Order work, changed conditions in the field, and/or claimed extra work. The Contractor shall be responsible to obtain the Inspector's written approval of the accuracy of said drawing. No invoice will be accepted for processing until all work included therein is accurately shown on the record drawings.
11. It shall be the Contractor's responsibility to completely remove all "construction graffiti" (spray paint or other marking for utilities, survey points and construction limits) prior to acceptance of the work as completed.
12. All cost for complying with the requirements of this section shall be included in the various items of the bidding schedule unless specified otherwise.
B. MATERIALS:
1. Material Specifications:
Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used for the purpose of facilitating a description of the materials and establishing the quality of the materials to be used. All materials shall be new and the best of their class and kind. No substitution will be permitted which has not been approved in writing by the Engineer.
2. Material List:
3. A complete material list shall be submitted prior to performing any work. Catalog data and full descriptive literature and manufacturer's specifications and installation instructions shall be submitted whenever the use of items different than those specified is requested.
4. The material list shall be submitted using the following sample layout (double spaced between each item).
Item No. Description Manufacturer Model Number
1. material ABC Corp. XXX
5. Approval of Substitutes:
6. Approval of any items, alternates or substitutes indicates only that the product(s) apparently meet the requirements of the drawings and specifications based on the information and/or samples submitted.
7. Contractor's Responsibility:
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8. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications.
Such warranties only shall supplement the Contractor's responsibility.
C. INSPECTION AND TESTING:
All work covered by this Contract Documents shall be inspected by the City Engineer. Request for inspection service shall be made 24 hours in advance.
All materials furnished and all work performed under the Contract shall be subject to review and approval by the City Engineer. Such review may include mill, plant, shop, nursery, or field inspection as required. City Engineer shall be permitted access to all parts of the work, including plants where materials are manufactured or fabricated, and shall be furnished with such materials, information and assistance by the Contractor and its subcontractors and suppliers as is required to make a complete and detailed inspection.
The City will provide standard progress building and public works inspection at no cost to the Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or governing authorities, including tests in connection therewith, as may be assigned to it in other sections of the specifications.
Where required by the Building Code, specialty inspectors shall be provided by the City at no cost to the contractor. The Contractor shall request specialty inspector at least forty-eight (48) hours in advance of an anticipated inspection.
City shall perform compaction tests as required.
It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to proceeding with any phase of construction. The Contractor shall neither allow nor cause any of its work to be covered or enclosed until it has been inspected, tested, and approved by the Director of Public Works and Development Services or his/her designee.
City Engineer will make, or have made, such inspections and tests as he deems necessary to see that the work is being accomplished in accordance with the requirements of the Contract. In the event such inspections or tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Director of Public Works and Development Services or his/her designee, as well as the cost of the subsequent reinspection and re-testing. It shall be understood and agreed that the inspection or making of tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from compliance with the terms of the Contract.
Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the City and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered without the authority of City Engineer shall, upon order of the City Engineer, be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement.
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D. UTILITIES
1. Before starting work, the Contractor shall verify the locations and elevations of all existing utilities by contacting Underground Service Alert at 811, at least 48 hours in advance. Existing utilities have been carefully located and shown on Los Angeles Record office records plans provided by utility companies. The Contractor shall notify the utility companies and agencies listed below before beginning excavation and shall coordinate his work with them.
2. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule.
3. The Contractor shall notify all utility agencies and owners of all facilities within the area of construction a minimum of five (5) workdays in advance of performing any work within said area.
4. The Contractor shall protect all utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities, including service laterals, and other improvements indicated on the drawings that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be directed by the Engineer.
The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the City, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so.
E. PHASING
To provide minimum inconvenience to the public particularly the residence and business owners, occupants and the travelling public, the Contractor shall execute the project in phases and adhere to the Traffic Control Requirements below.
Prior to the start of construction, the Contractor shall prepare and submit his/her phasing program to the Engineer for review.
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APPENDIX A - SAMPLE CONTRACT TO BE EXECUTED
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CITY OF CUDAHY
PUBLIC WORKS CONTRACT
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
THIS AGREEMENT “Agreement” is made and entered into this____ day of _________________________, by and between the CITY OF CUDAHY, a Municipal Corporation located in the County of Los Angeles, State of California hereinafter called CITY, and ____________________________, [a corporation/partnership/limited liability company corporation], located at _____________________________ hereinafter called CONTRACTOR, collectively referred to as the Parties.
RECITALS
CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before ______________________________, for the following:
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
in the City of CUDAHY, California, hereinafter called PROJECT.
At ________________ on said date, in the CUDAHY Council Chambers, said bids were duly opened.
At its regular meeting held on ________________________, the CITY Council duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest reasonable bid received and directed that a written contract be entered into with CONTRACTOR.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows:
ARTICLE I – CONTRACT DOCUMENTS
The CONTRACT DOCUMENTS for the PROJECT shall consist of:
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• document titled:
CONTRACT DOCUMENTS PLANS AND SPECIFICATIONS
For
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
• CONTRACTOR’s Proposal
• Federal Labor Standard Provisions
• Current Federal DOL Wage Decision
• Federal EEO and Affirmative Action Requirements
• and all referenced specifications, details, standard drawings, and appendices, together with this contract and all required bonds, insurance certificates, permits, notices and declarations, affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner.
All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The document comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made and part hereof as though they were fully set forth herein.
All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and described in the CONTRACT DOCUMENTS.
In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is the more specific or stringent provision.
ARTICLE II - AGREEMENT
For and in consideration of the payments and agreements be made and performed by CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
ARTICLE III - COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount _______________________ Dollars ($________), based upon those certain unit prices set forth in CONTRACTOR’s Bid Schedule, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein and made a part hereof, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
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Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
The sum identified in Article III is not subject to escalation, the CONTRACTOR having satisfied himself with said CONTRACT price, which includes all labor and material increases anticipated throughout the duration of this CONSTRUCTION CONTRACT.
CITY shall retain five percent (5%) of said CONTRACT price until said time as the provisions of Article XIV herein have been met.
Progress payments shall be made in accordance with Section 9 of the Standard Specifications for Public Works as amended by the General Provisions and Special Provisions.
Upon receipt of a properly presented payment request, the Contract Officer shall process the payment request in accordance with Public Contracts Code Section 20104.50. The Contract Officer shall review the payment request as soon as possible. If the Contract Officer rejects the payment request, it shall be returned to the Contractor within seven days of its receipt by the City with an explanation for the reasons of its rejection. If the payment request is approved in writing by the Contract Officer, payment shall be made within thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security.
Substitution of Securities for Retention. The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance with California Public Contracts Code 22300.
CITY’s obligation is payable only and solely from Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this CONTRACT. All funds are appropriated every fiscal year beginning July 1. In the event this CONTRACT extends into the succeeding fiscal year and funds have not been appropriated, this CONTRACT will automatically terminate as of June 30 of the current fiscal year. The CITY will notify the CONTRACTOR in writing in ten (10) days of receipt of the non-appropriation notice.
ARTICLE IV - CONTRACTOR REPRESENTATIONS
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS.
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In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of both State and Federal law with respect to the employment of unauthorized aliens.
Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
Furthermore, CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractor’s license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this PROJECT.
ARTICLE V – COMMENCEMENT DATE
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Director of Public Works of CITY and shall complete work on the PROJECT within ______ working days after commencement.
ARTICLE VI – NO DISCRIMINATION
CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this CONTRACT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order.
CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
ARTICLE VII – LABOR CODE REQUIREMENTS
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Compliance with SB 854 Registration: This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Agreement by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement will be made available upon request from the City Engineer’s Office.
Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2). The Contractor shall post WH-1321 ENGLISH and WH-1321 SPANISH at the work site.
Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in Door Replacement at Various Sites
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training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
This is a federally-assisted CONSTRUCTION CONTRACT. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. Modification of Federal Wage Rates published within ten (10) days prior to the scheduled Bid Opening date shall apply to the contract.
The Contractor shall submit payroll records to the City weekly for each week in which any contract work is performed. The Contractor is also responsible for the submission of payroll records by all its Subcontractors performing any contract work on this Project.
The payroll records submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a) (3) (i) of 29 C.F.R. Part 5. Each payroll submitted shall be accompanied by a Statement of Compliance signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract, and shall certify the following:
• The payroll records for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of 29 C.F.R. Part 5, and that such information is correct and complete; • Each employee employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 C.F.R. Part 3;
• Each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract.
This information may be submitted in any form desired, however, Form WH-347 is provided as an optional template. The Contractor shall submit a Statement of Non-Performance for each week of work for which craft work was not performed.
The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
The Contractor shall submit copies of apprentice certification(s) for each apprentice performing work on the Contract to accompany the first payroll record in which that apprentice appears. The City will recognize apprentice certifications from the U.S. Department of Labor and the California Division of Apprenticeship Standards. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
The CONTRACTOR’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et q. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment.
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The Contractor agrees that the City, through its authorized representatives, has the right, at all reasonable times, to make site visits to review Project accomplishments and for other reasons, such as employee interviews. If any site visit is made by the City on the premises of the Contractor or any of its Subcontractors under this Contract, the Contractor shall provide and shall require its Subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of City representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay work being conducted by the Contractor or Subcontractor(s).
If the work involves excavation of any trench five feet or more in depth the contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection. Such plan shall be approved by a qualified representative of the City. (LC 6705).
ARTICLE VIII - PROVISIONS REQUIRED BY LAW
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. Such laws, rules and regulations shall include, but not be limited to the following.
Contractor’s License.
The Contractor shall possess a type ______________________ California Contractor's license at the time of award of the Contract.
Ineligible Contractor Prohibited.
Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.
Unfair Business Practices Claims.
The Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
Hazardous Materials and Unknown Conditions.
A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR’s subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the Door Replacement at Various Sites
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specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, then CITY shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
ARTICLE IX - INDEMNITY
CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, and Design Engineer and Construction Manager from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the CONTRACTOR’s work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided
(a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason for the aforesaid hold-harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold-harmless AGREEMENT by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR, or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
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ARTICLE X - BONDS
Warranty & Guarantee
New Materials. Contractor guarantees that all materials and equipment furnished will be new unless otherwise specified in the Contract Documents.
One Year Guarantee. Contractor guarantees all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion is free from all defects due to faulty materials or workmanship. Contractor shall promptly make such corrections as may be necessary by reasons of such defects including the repairs of any damage to other property, whether real or personal. The City will give notice of observed defects with reasonable promptness. If Contractor fails to make such repairs, or other Work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred, plus 10% for administrative expenses. The Performance Bond shall remain in full force and effect through the guarantee period.
Contractor shall execute the Public Improvement Warranty.
Bonds.
Contractor shall provide a payment bond consistent with the terms of this section and City may not waive this requirement. Contractor shall also provide a performance bond consistent with the terms of this section, unless City waives such requirement in writing. Each bond shall (1) be in writing; (2) signed by at least one admitted surety insurer under oath; (3) if a bond is signed by more than one surety insurer, include a statement that the sureties are jointly and severally liable on the obligations required hereunder; (4) list the address at which the principal and surety/sureties may be served with notices, papers, and other documents under this chapter; (5) be in the form of a bond and not in a deposit in lieu of a bond; (6) be consistent with any other requirements of the City that reasonably relate to a guarantee that the project will be completed at no cost to the City.
Payment Bond. Contractor shall furnish and file with City a bond in the sum of one hundred percent (100%) of the Compensation. Consistent with Civil Code § 3248, the bond shall provide that if the Contractor or any subcontractors hired by Contractor fails to pay (1) any of the persons named in Civil Code § 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under this Agreement; or (3) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Unemployment Insurance Code §13020 with respect to the work and labor that the sureties will pay for the same, and also, in case suit is brought upon the bond, a reasonable attorney’s fee, to be fixed by the court. The bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code § 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. The bond provided under this section shall be released by written authorization of the City Engineer at the completion of the one year warranty period described in section 0, above, provided that Contractor is not in default on any provision of this Agreement.
Performance Bond. Contractor shall provide City with a bond in the sum of one hundred percent (100%) of the Compensation to guarantee the completion of the Work, to protect City if Developer is in default of this Agreement, and to secure Contractor’s one-year guarantee and warranty. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted Door Replacement at Various Sites
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by City, provided that Contractor is not in default on any provision of this Agreement. All security provided under this section shall be released at the end of the warranty period described in section 0, above, provided that Contractor is not in default on any provision of this Agreement.
ARTICLE XI - INSURANCE
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.
(a) COMPENSATION INSURANCE - CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers’ Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/ COMPLETED OPERATIONS
HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, Design Engineer and Construction Manager, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR’s or any subcontractor’s operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
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(3) Comprehensive Automobile Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
(4) Contractual General Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE - The insurance required by this AGREEMENT shall be with insurers which are Best A rated, and California Admitted or better. The CITY and Design Engineer and Construction Manager shall be named as “additional insured” on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days’ prior notice of the cancellation of any policy during the effective period of the contract. (d) NOTICE TO COMMENCE WORK - The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contact until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article.
ARTICLE XII - ATTORNEY FEES
If either party to this Contract is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Contract, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney’s fees and costs. Attorney’s fees shall include reasonable costs for investigating such action.
ARTICLE XIII - LIQUIDATED DAMAGES
The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of _____________ Dollars ($__________) shall be presumed to be the amount of damages suffered by the CITY for each calendar days delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of _____________ Dollars ($__________) as liquidated damages for each calendar day of delay in the starting and/or completing and acceptance of Door Replacement at Various Sites
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said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this CONTRACT. The payment of such liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code § 3275 or § 3369.
CONTRACTOR: ___________________________ CITY OF CUDAHY
a California Corporation a Municipal Corporation
by:___________________________ by:____________________________ President Mayor
ARTICLE XIV - NOTICE OF COMPLETION
Upon completion of PROJECT and acceptance of same by the CITY Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
ARTICLE XV - NO - ASSIGNMENT
This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto.
ARTICLE XVI - CUMULATIVE RIGHTS
The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY.
ARTICLE XVII - TERMINATION
A. Termination for Convenience. The CITY may terminate this contract, in whole or in part, with 30 days written notice to the CONTRACTOR when it is in the CITY’s best interest. The CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to CITY to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the CITY, the CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. The CONTRACTOR may terminate this contract, in whole, with 90 days written notice to the CITY.
B. Termination for Default. If at any time the CONTRACTOR is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CITY and will be Door Replacement at Various Sites
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served upon the CONTRACTOR and its sureties. If the CONTRACTOR continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project.
C. Waiver of Remedies for any Breach. In the event that CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by CITY shall not limit CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
ARTICLE XVIII – FEDERAL REQUIREMENTS
Notwithstanding any other provision of this Agreement, if the construction work covered under this Agreement is financed in whole or in part with assistance provided under a program of the U.S.
Department of Housing and Urban Development or some other source of Federal funding, Contractor shall also comply with and cause its subcontractors to comply with the requirements of the Davis-Bacon Act (40 U.S.C. 276 et seq.). The Davis-Bacon Act requires the payment of wages to all laborers and mechanics at a rate not less than the minimum wage specified by the Secretary of Labor in the periodic wage rate determinations as described in the Federal Labor Standards Provisions (HUD-4010) available from the Agency’s Compliance Division. If Contractor is required to comply with the Davis-Bacon Act, Contractor shall pay the higher of Davis-Bacon Act or state prevailing wages, on a trade-by-trade basis.
By entering into this Agreement, Contractor certifies that it is not a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or if HUD funds are involved, to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. Contractor agrees to include, or cause to be included, the above provision, to be applicable to contractors and subcontractors, in each contract and subcontract for work covered under this Agreement.
Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
The City, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents papers and records of the Contractor and any subcontractors which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions. Contractor shall maintain all required records for five years after City makes final payments and all other pending matters are closed.
Contractor shall comply with the Copeland “Anti-Kick Back” Act, 18 U.S.C. §874, as supplemented in Department of Labor regulations. (29 C.F.R. part 3.)
Contractor shall ensure compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ 327 – 33, as supplemented by Department of Labor regulations. See 29 C.F.R. part 5.
Contractor and any subcontractors must comply with Executive Order 11246 as amended by Executive Order 11375 and as supplemented in Department of Labor regulations. (41 C.F.R. part 3.) Door Replacement at Various Sites
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If the Compensation exceeds $100,000, Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency (EPA) regulations, which prohibit the use under non-exempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. (See e.g. 47 C.F.R. §18.36(i)(12).)
If the Compensation exceeds $100,000 for construction or facility improvements, Contractor must observe the building requirements contained in Attachment B of OMB Circular A-110.
No person or entity shall discriminate in the employment of persons in the performance of this Contract by CONTRACTOR or under any subcontract executed by CONTRACTOR in the furtherance of CONTRACTOR’s performance under this Contract because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in Section 12940 of the Government Code. This Contract is also subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. CONTRACTOR and any subcontractor of CONTRACTOR who violates the provisions of Section 1735 of the Labor Code shall be subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the Labor Code; and
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with all applicable implementing regulations. Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and non-personal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.
Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
In accordance with the Equal Employment Opportunity, as amended, and regulations of Executive Order 11246, amended by Executive orders 11375, 11478, 12086, and 12107 (3 CFR 1964-1965 Comp. p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970., p. 803; 3 CFR, 1978 Comp., p. 230; 3 CFR, 1978 Comp., p. 264). The contractor:
a. will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, gender identity or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, without regard to race, color, religion, ancestry, sex, Door Replacement at Various Sites
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marital status, mental or physical disability, age, familial status, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of this nondiscrimination clause.”
b. will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Contract so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
c. will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, gender identity, or national origin. d. will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. CONTRACTOR will assist and cooperate actively with the CITY and the Secretary of Labor in obtaining the compliance of CONTRACTORS and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist the Secretary in the discharge of the Secretary's primary responsibility for securing compliance.
e. will refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended, with a CONTRACTOR debarred from, or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to said Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Housing and Urban Development or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order; and
Contractor shall comply with the requirements set forth in 24 CFR part 5 and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended, or ineligible contractors or subcontractors; and Contractor shall comply with Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority and womenowned business enterprises. In accordance with 2 CFR § 200.321 all non-federal entities must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. As used in this Contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women.
Contractor shall comply with the conflict-of-interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611.
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Contractor shall comply with the regulations and authorities under 2 CFR 200 the Contractor and applicable subcontractors shall maintain adequate invoices, receipts, job records and disbursement journals and such other records for the Project for a period of five (5) years.
Neither the Contractor nor any subcontractor may use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractors and subcontractors must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or worker’s representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor’s noncompliance with nondiscrimination clause of this contract with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or Door Replacement at Various Sites
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purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Contractor shall comply with the regulations and authorities under Executive Order 11246. a. As used in these specifications:
1. Covered area means the geographical area described in the solicitation from which this contract resulted;
2. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
3. Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United Treasury Department Form 941.
4. Minority includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation, and which is set forth in the solicitations from which this contract resulted.
c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or Door Replacement at Various Sites
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subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
1. Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.
3. Maintain a current file of the name, address, and telephone numbers of each minority and female off-the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever Door Replacement at Various Sites
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additional actions the contractor may have taken.
4. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations.
5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
6. Disseminate the contractor’s EEO policy by providing notice of the police to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
7. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
8. Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
9. Direct its recruitment efforts, both oral and written to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process.
10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of the contractor’s work force.
11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to Door Replacement at Various Sites
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prepare for, through appropriate training, etc., such opportunities.
13. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor’s obligations under this specification are being carried out.
14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
16. Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g (1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractors, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance. i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific Door Replacement at Various Sites
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affirmative action’s steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic, or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
Section 3 of the Housing and Urban Development Act of 1968, As Amended The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, availability of Door Replacement at Various Sites
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apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
For federally assisted construction contracts in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.
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--------SIGNATURES ON FOLLOWING PAGE--------
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the _____ day of _____________________, 20__, by their respective officers duly authorized in that behalf.
CITY OF CUDAHY CONTRACTOR___________________________
a Municipal Corporation a California Corporation
by:______________________________
________________, Mayor by:______________________________ President
by:_______________________________
ATTEST: Secretary
by:_______________________________
________________, City Clerk
APPROVED AS TO FORM
by: _______________________________
________________, City Attorney
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PUBLIC IMPROVEMENTS WARRANTY
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
On ________________________, 20__, the City of CUDAHY accepted as complete and meeting the standards of City, the following public improvement(s):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________, built and constructed by or for _____________________, ("Contractor")
Contractor hereby warrants and guarantees the aforementioned public improvements as to the material used and workmanship performed for a period of one (1) year following the date set forth above.
In the event of a defect, malfunction, or failure to conform t the improvement specifications and all applicable local standards, the Contractor shall repair or replace said improvements at Contractor's own and sole expense within a reasonable time from notice of the defect from City. Should Contractor fail to cure any defect within a reasonable period of time, Contractor agrees to reimburse City for any and all costs of City's efforts to cure any defect once City has provided notice to the Contractor of the defect and the City's intent to cure such defect.
Should litigation be necessary to enforce the provisions of this warranty, the prevailing party shall be entitled to reimbursement for attorney’s fees and court and related costs.
Executed at _________________________, California, on the day and year first written above.
CONTRACTOR
By:__________________________
Signature
By:__________________________
(Typed Name)
Its:__________________________
Title
By:__________________________
Signature
By:__________________________
(Typed Name)
Its:__________________________
Title
[NOTARY REQUIRED]
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FAITHFUL PERFORMANCE BOND
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
KNOW ALL MEN BY THESE PRESENTS that _____________________________________________, as CONTRACTOR and_____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, in the penal sum of _________________________________________dollars ($ ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of _____________, 20 .
CONTRACTOR* _________________________________________________________________________
_________________________________________________________________________ SURETY*
_________________________________________________________________________
_________________________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number for authorized representative.
Subscribed and sworn to this ______ day of _______________, 20__.
NOTARY PUBLIC:_______________________________________________________ Door Replacement at Various Sites
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MATERIAL AND LABOR BOND
ADA Door Installation Project
Clara Park Community Center
4835 Clara St, Cudahy, CA 90201
CDBG Project Number: 602661-23
Funded by CDBG
KNOW ALL MEN BY THESE PRESENTS that _____________________________________________, as CONTRACTOR and_____________________________________, as SURETY, are held and firmly bound unto the City of CUDAHY, in the penal sum of _________________________________________dollars ($ ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____day of _____________, 20 .
CONTRACTOR* ____________________________________________________________
_________________________________________________________________________ SURETY*
_________________________________________________________________________ ______________________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number for authorized representative.
Subscribed and sworn to this ______ day of _______________, 20__.
NOTARY PUBLIC:______________________________________________________ Door Replacement at Various Sites
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APPENDIX B – FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
TABLE OF CONTENTS
1. Approval of Contractor by the Federal Government .....................................................F-1
2. Labor Compliance Pre-Construction Conference ................................................... F-1
3. United States Department of Labor Wage Rates.................................................... F-1
4. Federal Restrictions on Lobbying ........................................................................... F-1
5. Conflict of Interest ................................................................................................... F-2
LIST OF EXHIBITS
EXHIBIT 1 – Federal Labor Standards Provisions – HUD-4010 Form EXHIBIT 2 – Federal Equal Employment Opportunity/Affirmative Action Requirements EXHIBIT 3 – Contracting with Small and Minority Firms, Women’s Business Enterprise, And Labor Surplus Area Firms
EXHIBIT 4 – Compliance with Clean Air and Water Acts
EXHIBIT 5 – Non-Segregated Facilities Certification (Submit with Bid) EXHIBIT 6 – Past Performance Certification (Submit with Bid) EXHIBIT 7 – County Lobbyist Certification (Submit with Bid) EXHIBIT 8 – Workers’ Compensation Certification (Submit with Bid) EXHIBIT 9 – Contractor List of Proposed Subcontractors (Submit with Bid) EXHIBIT 10 – Report of Additional Classification and Rate – HUD Form 4230A (Submit with Bid) EXHIBIT 11 – Notice of Equal Employment Opportunity Commitment (Submit with Bid) EXHIBIT 12 – Federal Lobbying Certification (Submit with Bid) EXHIBIT 13 – Declaration of Intent to Comply with Section 3 Requirements (Submit with Bid) EXHIBIT 14 – Section 3 Worker Certification
EXHIBIT 15 – Section 3 Targeted Worker Certification
EXHIBIT 16 – Section 3 Business Concern Certification
EXHIBIT 17 – Section 3 Qualitative Efforts for Contractors EXHIBIT 18 – Certification of Understanding & Authorization EXHIBIT 19 – Payroll Report, Statement of Compliance & Fringe Benefit Statement EXHIBIT 20 – Federal Job-site Postings
EXHIBIT 21 – Federal Wage Decision
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ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
1. APPROVAL OF CONTRACTOR BY THE FEDERAL GOVERNMENT
This project is being financed from Federal Funds under the Community Development Block Grant Program of the Department of Housing and Urban Development (HUD). A requirement of this program is that the Contractor and all Subcontractors for this Project must be approved by the Federal Government before award of the Contract can be made.
2. LABOR COMPLIANCE PRE-CONSTRUCTION CONFERENCE
The Contractor and all its Subcontractors shall meet with representatives of the Agency before the issuance of the notice to proceed for the start of construction. Discussion will include Equal Employment Opportunity requirements, State and Federal safety requirements, and labor compliance requirements. The Contractor will be notified regarding the exact time and place of the meeting.
3. UNITED STATES DEPARTMENT OF LABOR WAGE RATES
This is a Federally assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and related Acts will be enforced.
In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. The Contractor shall be responsible for complying and ensuring compliance with the Federal Labor Standards Provisions by all Subcontractors.
4. FEDERAL RESTRICTIONS ON LOBBYING
The Contractor shall complete and submit to the Agency the Federal Lobbying Certification Form which is included as part of the Bid Proposal. The language of this certification shall also be included in all subcontracts for this Project. A copy of Standard Form LLL, which is referred to in Part 2 of this certification, along with instructions for filling out this form, are included as an attachment and also included as part of the Bid Proposal. Standard Form LLL shall be submitted, if the Contractor meets the stated criteria, to the following prior to the start of construction.
William G. Vasquez, CPD Director
U.S. Department of Housing & Urban Development
611 W. 6th St., #800
Los Angeles, CA 90017
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SPECIAL PROVISIONS FOR PROJECT NO: 602611-22
5. CONFLICT OF INTEREST
In the procurement of supplies, equipment, construction, and services by subrecipients, the conflict of interest provisions in 24 CFR 85.36. OMB Circular A-110, and CFR 570.611, respectively, shall apply. No employee, officer or agent of the subrecipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
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HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR
5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costsreasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) 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 accessible place where it can be easily seen by theworkers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contractbe Door Replacement at Various Sites
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classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time isnecessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor 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 appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
iv. Fringe benefits not expressed as an hourlyrate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 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 meeting of obligations under the plan orprogram.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
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2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of 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 contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements 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 contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 5 years after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any Door Replacement at Various Sites
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costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission 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 long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified 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 submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly 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 Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly orindirectly Door Replacement at Various Sites
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from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.
F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all thework on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor,sponsor, applicant, owner, or other entity, asthe case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required 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 proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to Door Replacement at Various Sites
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the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
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6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) 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 of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must Door Replacement at Various Sites
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be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of 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 contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contractsubject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act 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 contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment orloss, Door Replacement at Various Sites
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due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.
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F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 etseq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
REQUIREMENTS
1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employeesplaced by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,or national origin.
c. The contractor will send to each labor union orrepresentative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
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f. In the event of the contractor’s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for furthergovernment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror’s or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms forthe contractor’s aggregated work force ineachtradeon all construction work in the covered area, are as follows:
Goals for Minority Goals for Female
Participation for Participation in
Timetables Each Trade Each Trade
28.3% 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographicalarea located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
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The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los AngelesLong Beach, specifically the County of Los Angeles, State of California.
3. STANDARD FEDERALEQUALEMPLOYMENT SPECIFICATIONS
(ExecutiveOrder 11246).
a. As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, UnitedStatesDepartmentof Labor,oranyperson towhom the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United States Treasury Department Form 941.
(4) Minority includes:
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(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican,Cuban, Central or South American or other Spanish culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation, and which is set forth in the solicitations from which this contract resulted.
c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted Door Replacement at Various Sites
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construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Registerin notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
(1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at whichthe contractor’s employees are assigned to work. The contractor,where possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources, provide written notification tominority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers Door Replacement at Various Sites
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of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company’s EEO policy andaffirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor’s EEO policy externally by including it in Door Replacement at Various Sites
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any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor’s work force. (11) Validate all tests and other selection requirements where there isan obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors’ adherence to Door Replacement at Various Sites
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and performance under the contractor’s EEO policies and affirmative action obligations.
h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractors, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance.
I. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.
Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
m. The contractor, in fulfilling its obligations under these specifications, shall Door Replacement at Various Sites
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implement specific affirmative action’s steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas.
The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
4. SPECIFICEEOREQUIREMENTS. Fora federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Door Replacement at Various Sites
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Federal Contract Compliance Programs, United StatesDepartment of LaborESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. c. Send a notice of the contractor’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List ofFederal and Non-FederalWork inBid ConditionArea to the monthly report.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
8. REHABILITATION ACTOF1973. No otherwise qualified individualwith handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefitsof, orbe subjected to discrimination under any program or activity receiving Federal assistance.
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ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
CONTRACTING WITH SMALL BUSINESS
MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR
SURPLUS AREA FIRMS
1. It is national policy to award a fair share of contracts to Small Business and Minority Firms.
Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized, when possible, as sources of supplies, equipment, construction, and services.
Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources.
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. d. Wherethe requirementpermits,establishingdelivery scheduleswhichwillencourage participation by Small Business and Minority Firms.
e. Using the services and assistance of the Small Business Administration and the Minority Business DevelopmentAgency of the Department of Commerce, as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women’s Business Enterprises.
3. Grantees are encouraged to procure goods and services from Labor SurplusAreas.
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ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under.
3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of ViolatingFacilities.
4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 156 of 273 F-90 Page 889 of 1219
EXHIBIT - 5
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.
2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained.
The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.
The federally-assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 157 of 273 F-91 Page 890 of 1219
EXHIBIT - 6
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE
FILING OF REQUIRED REPORTS
The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award: $
Awarding Agency:
Contractor Name: Total Number of Employees
AffiliateCompany:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of$10,000or under are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquentperiodor suchother period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 158 of 273 F-92 Page 891 of 1219
EXHIBIT - 6
SF-100 (EEO-1) must be filed by;
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control, or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 159 of 273 F-93 Page 892 of 1219
EXHIBIT - 7
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031 CERTIFICATION
NameofFirm:
Address:
State: Zip Code: Telephone Number: ( )
Acting on behalf of the above-named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA).
1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above-named firm have and will comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.
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 enteringinto contract with Los Angeles County and the Los Angeles County DevelopmentAuthority.
Authorized Official:
By: (Contractor/Subcontractor) (Signature)
(Date) (Title)
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 160 of 273 F-94 Page 893 of 1219
EXHIBIT - 8
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
WORKER’S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require 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 I will comply with such provisions before commencing the performance of the work of this contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 161 of 273 F-95 Page 894 of 1219
CONTRACTOR LIST OF PROPOSED SUBCONTRACTORS EXHIBIT - 9
PROJECTNAME AWARDING AGENCY
Location: Project Number:
SUBCONTRACTORS:
Name, Address, and Telephone Number
Employer
Identification
Number
Contractor
License
Number
Contract
Amount
Estimated
Start
Date
Estimated
Completion
Date TRADES TO BE USED
Signature Name andTitle
Date Company Name
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 162 of 273 F-96 Page 895 of 1219
EXHIBIT - 10
HUD-4230A (8-03) PREVIOUS EDITION IS OBSOLETE F-25
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
HUD FORM 4230A
OMB Approval Number2501-0011
(Exp. 09/30/2006)
1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER
3. LOCATION OF PROJECT (City, County and State)
4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION Building Residential
Heavy Other (specify)
Highway
6. WAGE DECISION NO. (include modification number, if any)
COPY ATTACHED
7. WAGE DECISION EFFECTIVE DATE
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9. PRIME CONTRACTOR (name, address) 10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) Check All That Apply:
The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
The proposed classification is utilized in the area by the construction industry.
The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision.
The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.
Agency Representative Date
(Typed name and signature)
Phone Number
FOR HUD USE ONLY
LR2000:
Log in:
Log out:
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 163 of 273 F-97 Page 896 of 1219
EXHIBIT - 11
ADA DOOR INSTALLATION PROJECT
CLARA PARK COMMUNITY CENTER
4835 CLARA ST, CUDAHY, CA 90201
PROJECT NO: 602661-23
FUNDED BY CDBG
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
(03/31/17)
TO:
(Name of Labor Union, Workers Representative, etc)
(Address)
Contractor Name:
Project Name: _ Project Number:
The Undersigned contractor holds a contract with , involving funds provided by the U. S. Government, or a subcontract with a prime contractor holding such contract. Under the provisions included in the contract or subcontract for the above referenced project, and in accordance with Executive Order 11246, the undersigned contractor is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to thefollow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
The undersigned contractor shall abide by the requirements of 41 CFR 60–300.5(a) and 60–741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability; and require affirmative action by prime contractors and subcontractors to employ, and advance in employment, qualified protected veterans and individuals with disabilities.
Copies of this notice will made available to worker representatives and be posted by the undersigned in conspicuous places available to employees or applicants for employment.
By: _
(Print Name) (Signature)
(Date) (Title)
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 164 of 273 F-98 Page 897 of 1219
EXHIBIT - 12
FEDERAL LOBBYIST CERTIFICATION
Name ofFirm: _________________________________________________________________________ Address: ___________________________________________________________________________ State: Zip Code: Telephone Number: ( ) ____________
Acting on behalf of the above-named firm, as its Authorized Official, I make the following Certification to the U.
S. Department of Housing and Urban Development and the Community Development Commission, County of Los Angeles.
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.
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 the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each suchfailure.
Authorized Official:
By:
(Contractor/Subcontractor) (Signature)
(Date) (Title)
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 165 of 273 F-99 Page 898 of 1219
EXHIBIT-13
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers.
Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA),he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
• Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed of which is included as part of the 25% threshold in the previous bullet.
• Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for determining the Bidder/Proposer nonresponsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we agree to comply with the Section 3 requirements as stated above.
Name of Contractor/Subcontractor Address
Print Name Title
Signature Date
Declaration of Intent to Comply with Section3 Requirements Rev. 9.1.21 Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 166 of 273 F-100 Page 899 of 1219 EXHIBIT - 14
2024 SECTION 3 WORKER CERTIFICATION
FOR
LOS ANGELES COUNTY RESIDENTS
(EFFECTIVE MAY 1, 2024)
Employee Name:
Address:
City/State/Zip Code:
I hereby state that I fit or when hired within the past five (5) years fit at least one of the following categories, as documented:
1. I am a low-income resident in the County of Los Angeles with an income for the previous or annualized calendar year below the income limits established by the U.S. Department of Housing and Urban Development (HUD) as follows:
HUD INCOME LIMIT in LOS ANGELES COUNTY
Select your Gross Annual Income (from all sources)
Low (80%)
Income Limit
$77,700 or Less
2. I am employed by a Section 3 business, or
3. I am a YouthBuild participant.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Employee Signature Date
2024 Section 3 Worker Certification 6-10-24
To Be Completed by the Employer
The employee was hired on:
This employee meets the following: HUD Income Limits Section 3 Business Employee YouthBuild Participant Business Name:
Print Name of Owner / Agent:
Signature of Owner / Agent: Date:
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 167 of 273 F-101 Page 900 of 1219 EXHIBIT - 15
TARGETED SECTION 3 WORKER CERTIFICATION
FOR
LOS ANGELES COUNTY RESIDENTS
(SECTION 3 CONTRACTS EXECUTED ON OR AFTER NOVEMBER 30, 2020 AND SUBJECT TO 24 CFR 75 “NEW RULE”)
Employee Name:
Address:
City/State/Zip Code:
I hereby certify that I fit or when hired within the past five (5) years fit at least one of the following categories:
COUNTY OF RESIDENCE
Select your County of Residence:
Los Angeles Ventura Kern Orange San BernardinoRiverside
1. I am employed by a Section 3 business, or
2. I am an employee who currently fits or when hired fit at least one of the following two groups, as documented, within the past five years:
• I am living within the service area or the neighborhood of the Section 3 project, as defined, or
• A YouthBuild Participant.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Employee Signature Date
Section 3 Worker Certification (HCD) - (24 CFR 75 – “New Rule”) 3-17-23 To Be Completed by the Employer
The employee was hired on:
This employee meets the following: Section 3 Business Employee Section 3 Project YouthBuild Participant Business Name: Print Name of Owner / Agent:
Signature of Owner / Agent: Date:
TO BE COMPLETED BY LACDA STAFF
Reviewed by: ___________________________________ Date: ____________ Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 168 of 273 F-102 Page 901 of 1219 EXHIBIT - 16
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meets the following category:
51% owned by low- or very low-income persons,
75% of labor hours performed by Section 3 workers, or 51% currently owned and controlled by public housing or Section 8-assisted housing residents.
None of the above.
Approved by: (Print Name) Signature: Date:
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:
Address:
City/State/Zip Code:
Telephone Number: Email Address:
This business is a Section 3 business concern based on one of the following categories, as documented:
A. Business is 51% or more owned by low- or very low-income persons, (Attach a Section 3 Worker Certification(s) for each owner to this certification.) B. Over 75 percent (75%) of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers, Provide the following information for the prior three-month period:
• Indicate total number of labor hours performed by Section 3 workers: Hours • Indicate total number of labor hours performed by all workers: Hours • Calculate the percentage of labor hours by Section 3 workers: % (Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.) C. Business is 51% or more owned and controlled by current public housing residents orresidents who currently live in Section 8-assisted housing. (Attach proof of public housing or Section 8-assisted housing residence.) D. The above-mentioned business firm is not a Section 3 business concern, but commits to the Section 3 goal:
Written Commitment (Section 3 Economic Opportunity Plan), outline intentions to comply with the requirements of 24 CFR 75: (
(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3 BUSINESS CONCERN.)
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Signature Title Date
Section 3 Business Concern Certification Rev. 9.1.21
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 169 of 273 F-103 Page 902 of 1219 11 EXHIBIT - 17
☐
☐
☐
☐
☐
☐
QUALITATIVE EFFORTS FOR CONTRACTORS
Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
Date of Outreach Effort Address of Outreach Effort
Provided training or apprenticeship opportunities.
Date of Training Address of Training
Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Date of Technical Assistance Address of Technical Assistance Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
Date of Workers Assistance Address of Workers Assistance Held one or more job fairs.
Date of Job Fair Address of Job Fair
Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
☐
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 170 of 273 F-104 Page 903 of 1219 12 EXHIBIT - 17
☐
☐
☐
☐
☐
☐
Date of Referral Type of Service Provided or Referred
Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
Date of Assistance Type of Educational Assistance Provided Assisted Section 3 workers to obtain financial literacy training and/or coaching.
Date of Assistance Type of Training/Coaching Provided
Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
Date of Outreach Description of Outreach
Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
Date of Technical Assistance Name of Business Concern
Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Name of Business Concern
Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Name of Business Concern Description of Assistance
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 171 of 273 F-105 Page 904 of 1219 13 EXHIBIT - 17
☐
☐
☐
Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
Date of Activity Name of Business Registry
Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.
Date of Activity Description of Activity
Other:
Date of Activity Description of Activity
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 172 of 273 F-106 Page 905 of 1219 EXHIBIT - 18
Certification of Understanding and Authorization
This certification is required when a Payroll Officer is not listed on the business license (03/30/17)
Contractor Name:
Project Name: CDBG ProjectNumber: ___________
Project Location:
Local Contracting Agency(LCA):
Labor Standards Officer (LSO): Telephone:
The contractor certifies, by signature below, that the designated payroll officer has received a copy of the federal wage decision assigned to this project as identified below;
CA __ Modification Number ___ Dated ____________
The payroll officer acknowledges, by signature below, that she/he have also received, read, and understands the following provision and publication;
► Federal Labor Standards Provisions (HUD-4010 form), and ► Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects.
Further, the person designated as the Payroll Officer understands the labor standards reporting requirements applicable to the above listed project, and she/he is hereby authorized to sign the Statement of Compliance form that will accompany each weekly payroll report for this project on behalf of the contractor.
Contractor’s Business Name License Number
Print Name of Owner or Principal listed on the business license Signature of Owner or Principal listed on the business license Title Date
Print Name of Payroll Officer Signature of Payroll Officer Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 173 of 273 F-107 Page 906 of 1219 California
Department of
IndustrialRelations
PUBLIC WORKS PAYROLL REPORTING FORM EXHIBIT - 14
Page of
NAME OF CONTRACTOR: CONTRACTOR'S LICENSE NO.: ADDRESS:
OR SUBCONTRACTOR: SPECIALITY LICENSE NO.:
PAYROLL NO.:
(1)
NAME, ADDRESS AND
SOCIAL SECURITYNUMBER
OF EMPLOYEE
(2) (3)
WORK
CLASSIFICATION
(4)
M T W TH F S S
DATE
HOURS WORKED EACH DAY
TOTAL
HOURS
HOURLY
RATE
OF PAY
(7)
GROSS AMOUNT
EARNED
(8)
DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS
(9)
NET WGS
PAID FOR
WEEK
CHECK
NO.
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES TRAV/
SUBS. SAVINGS OTHER* TOTAL
DEDUCTIONS
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES TRAV/
SUBS. SAVINGS OTHER* TOTAL
DEDUCTIONS
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES
TRAV/
SUBS. SAVINGS OTHER* TOTAL DEDUCTIONS
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES TRAV/
SUBS. SAVINGS OTHER* TOTAL
DEDUCTIONS
S = STRAIGHT TIME *OTHER – Any other deductions, contributions and/or payments whether ornot included or required by prevailing CERTIFICATION MUST be completed Form A-1-131 (New 2-80) O = OVERTIME wage determinations must be separately listed. Use extra sheet(s) if necessary (See reverse side) SDI = STATE DISABILITY INSURANCE F-29 NO. OF WITH- HOLDING EXEMPTIONS FOR WEEK ENDING: SELF-INSURED CERTIFICATE NO.: PROJECT OR CONTRACT NO.:
DAY (5) (6) WORKERS' COMPENSATION POLICY NO.: PROJECT AND LOCATION:
Door Replacement at Various Sites
CDBG Project Number: 602661-23
Document Control Page 174 of 273 F-108 Page 907 of 1219 EXHIBIT - 14
Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of , , and ending the day of , ,
all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for t he above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS − in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS
EXCEPTION (CRAFT) EXPLANATION
REMARKS:
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THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
NAME AND TITLE SIGNATURE
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FRINGE BENEFIT PAYMENTCERTIFICATION
EXHIBIT - 14
PROJECTNAME LOCAL CONTRACTING AGENCY
Location: CDBG ProjectNumber:
Work Classification HOURLY FRINGE BENEFITS PROVIDED Name, Address, and Telephone Number of the Approved Plan, Fund, or Program
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain) $
TOTAL HOURLY FRINGE $
I Certify under penalty of perjury that:
I make payments to approved fringe benefit plans, funds, or programs as listed above.
OR
I DO NOT make payments to approved fringe benefit plans, funds, or programs.
Benefits are added to hourly rates and paid each week to the employees. (Print Company Name) (Print Name of Person Authorized to Sign) Contractor License Number: By:
Date: Title:
F-31
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Summer Mann
Labor Compliance Officer
(909) 816-5681
EMPLOYEE RIGHTS
UNDER THE DAVIS-BACON ACT
FORLABORERSANDMECHANICS
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTIONPROJECTS
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
PREVAILING
WAGES
OVERTIME
ENFORCEMENT
APPRENTICES
PROPER PAY
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.
You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.
Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.
WH 1321(Revised April 2009)
U.S. Department of Labor Employment StandardsAdministration Wage and Hour Division For additional information:
1-866-4-USWAGE
(1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
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Summer Mann
Labor Compliance Officer
(909) 816-5681
DERECHOSDEL
EMPLEADO
BAJOLALEYDAVIS-BACON
PARAOBREROS YMECÁNICOSEMPLEADOS
EN PROYECTOS DE CONSTRUCCIÓN
FEDERALOCONASISTENCIAFEDERAL
LASECCIÓN DEHORAS YSUELDOS DELDEPARTAMENTODETRABAJO DEEEUU SalarioS
PrevalecienteS
SobretiemPo
cumPlimiento
aPrendiceS
Pago
aProPiado
No se le puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada con este Aviso para el trabajo que Ud. desempeña.
Se le ha de pagar no menos de tiempo y medio de su tasa básica de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepciones.
Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos, y se podría aplicar daños y perjuicios si no se cumple con las exigencias del pago de sobretiempo. Las cláusulas contractuales de Davis-Bacon permiten la terminación y exclusión de contratistas para efectuar futuros contratos federales hasta tres años. El contratista que falsifique los registros certificados de las nóminas de pago o induzca devoluciones de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento.
Las tasas de aprendices sólo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados.
Si Ud. no recibe el pago apropiado, o precisa de información adicional sobre los salarios aplicables, póngase en contacto con el Contratista Oficial que aparece abajo:
o póngase en contacto con la Sección de Horas y Sueldos del Departamento de Trabajo de EEUU.
Paraobtenerinformaciónadicional:
1-866-4-USWAGE
(1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor Employment Standards Administration Wage and Hour Division WH 1321 SPA (Revised April 2009)
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THE LAW
Employers
Holding Federal
Contracts or
Subcontracts
Applicants to and employees of
companies with a Federal government
contract or subcontract are
protected under the following
Federal authorities:
RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN
Executive Order 11246, as amended,
prohibits job discrimination on the
basis of race, color, religion, sex or
national origin, and requiresaffirmative
action to ensure equality of
opportunity in all aspects of
employment.
INDIVIDUALS WITH
DISABILITIES
Section 503 of the Rehabilitation Act
of 1973, as amended, prohibits job
discrimination because of disability
and requires affirmative action to
employ and advance in employment
qualified individuals with disabilities
who, with reasonableaccommodation,
can perform the essentialfunctions
of a job.
VIETNAM ERA, SPECIAL
DISABLED, RECENTLY
SEPARATED, AND OTHER
PROTECTED VETERANS
The Vietnam Era Veterans’ Readjustment
Assistance Act of 1974, as amended, 38 U.S.C.,
4212, prohibits job discrimination and requires
affirmative action to employ and advance in
employment qualifiedVietnam era veterans, qualified
special disabled veterans, recently separated
veterans, and other protected veterans. A recently
separated veteran is any veteran during the threeyear period beginning on the date of such veteran's discharge or release from active duty in the U.S.
military, ground, naval or air service.
RETALIATION
Retaliation is prohibited against a person who files a
charge of discrimination, participates in an OFCCP
proceeding, or otherwise opposes discrimination
under these Federal laws.
Any person who believes a contractor has violated
its nondiscrimination or affirmative action obligations under the authorities above should contact
immediately:
The Office of Federal Contract Compliance
Programs (OFCCP), Employment Standards
Administration, U.S. Department of Labor, 200
Constitution Avenue, N.W., Washington, DC 20210,
(202) 693-0101 or call an OFCCP regional or district
office listed in most telephone directories under U.S.
Government, Department of Labor. For individuals
with hearing impairment, OFCCP’s TTY number is
(202) 693-1337.
Private Employment,
State and LocalGovernments,
Educational Institutions,
Employment Agencies and
Labor Organizations
Applicants to and employeesof
most private employers, state
and local governments,
educational institutions,
employment agencies
and labor organizations are
protected under the following
Federal laws:
RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN
Title VII of the Civil Rights Act of
1964, as amended, prohibits
discrimination in hiring,
promotion, discharge, pay, fringe
benefits, job training,
classification, referral, and other
aspects of employment, on the
basis of race, color, religion, sex
(including pregnancy and sexual
harassment) or national origin.
Religious discrimination includes
failing to reasonably
accommodate an employee’s
religious practices where the
accommodation does not impose
undue hardship.
DISABILITY
Title I and Title V of the
Americans with Disabilities Actof
1990 (ADA), as amended,
protect qualified applicants and
employees with disabilities from
discrimination in hiring,
promotion, discharge, pay, job
training, fringe benefits,
classification, referral, and other
aspects of employment on the
basis of disability.
The law also requires that
covered entities provide qualified
applicants and employees with
disabilities with reasonable
accommodations, unless such
accommodations would impose
an undue hardship on the
employer.
AGE
The Age Discrimination in
Employment Act of 1967, as
amended, protects applicants
and employees 40 years of age
or older from discrimination on
the basis of age in hiring,
promotion, discharge,
compensation, terms, conditions
or privileges of employment.
SEX (WAGES)
In addition to sex discrimination
prohibited by Title VII of the Civil
Rights Act of 1964, as amended,
the Equal Pay Act of 1963, as
amended, prohibits sex
discrimination in payment of
wages to women and men
performing substantially equal work, in jobs that
require equal skill, effort and responsibility under
similar working conditions, in the same
establishment.
RETALIATION
Retaliation is prohibited against a person who files a
charge of discrimination, participates in a
discrimination proceeding, or otherwise opposes
discrimination under these Federal laws.
If you believe that you have been discriminated
against under any of the above laws, and to ensure
that you meet strict procedural timelines to preserve
the ability of EEOC to investigate your complaint and
to protect your right to file a private lawsuit, you
should immediately contact:
The U.S. Equal Employment Opportunity
Commission (EEOC), Washington, DC 20507 or an
EEOC field office by calling toll free (1-800) 669-
4000. For individuals with hearing impairments,
EEOC’s toll free TTY number is 1-800 669-6820.
Programs or Activities Receiving
Federal Financial Assistance
RACE, COLOR, SEX, NATIONAL ORIGIN
In addition to the protection of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil
Rights Act prohibits discrimination on the basis of
race, color or national origin in programs or activities receiving Federal financial assistance. Employment
discrimination is covered by Title VI if the primary
objective of the financial assistance is provision of
employment, or where employment discrimination
causes or may cause discrimination in providing
services under such programs.
Title IX of the Education Amendments of 1972
prohibits employment discrimination on the basis of
sex in educational programs or activities which
receive Federal assistance.
INDIVIDUALS WITH DISABILITIES
Section, 504 of the Rehabilitation Act of 1973, as
amended, prohibits employment discrimination on
the basis of disability in any program or activity which receives Federal financial assistance in the federal
government, public or private agency.
Discrimination is prohibited in all aspects of
employment against persons with disabilities who,
with or without reasonable accommodation, can
perform the essential functions of a job.
If you believe you have been discriminated against in
a program of any institution which receives Federal
assistance, you should contact immediately the
Federal agency providing such assistance.
Publication OFCCP1420
Revised August2008
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ES LA LEY
Empleadores que tienen contratos o
subcontratos con el Gobierno Federal
Los empleados o postulantes a empleos de
compañías que tienen contratos o subcontratos del
gobierno federal gozan de la protección otorgada por
las siguientes instituciones federales:
RAZA, COLOR, RELIGIÓN, SEXO,
NACIONALIDAD
El Decreto 11246 (Executive Order 11246), con sus
modificaciones, prohíbe la discriminación laboral en
razón de raza, color de piel, religión, sexo o
nacionalidad, y requiere la acción afirmativa para
garantizar la igualdad de oportunidades en todos los
aspectos laborales.
PERSONAS CON DISCAPACIDADES
El Artículo 503 de la Ley de Rehabilitación de
1973(The Rehabilitation Act of 1973), con sus
modificaciones, prohíbe la discriminación laboral por
discapacidad y requiere la acción afirmativa de
emplear y avanzar en el empleo de personas
discapacitadas idóneas que, mediante una
adaptación razonable, puedan llevar a cabo las
funciones esenciales de un trabajo.
VETERANOS DE VIETNAM CON
DISCAPACIDADES ESPECIALES,
RECIENTEMENTE RETIRADOS Y OTROS
VETERANOS BAJO PROTECCIÓN
La Ley de Asistencia a la Readaptación de
Veteranos de Vietnam de 1974 (The Vietnam Era
Vererans’ Readjustment Assistance Act of 1974), y
sus modificaciones, 38 U.S.C., 4212, prohíbe toda
discriminación laboral y requiere la acción afirmativa
de emplear y avanzar en el empleo de veteranos de
Vietnam idóneos, veteranos idóneos con
discapacidades especiales, veteranos recientemente
retirados y otros veteranos bajo protección. Un
veterano recientemente retirado es todo veterano
durante el período de tres años a partir de la fecha
en que fue dado de baja o dejó el servicio activo en
el Ejército, la Marina o la Fuerza Aérea de los EE.
UU.
REPRESALIA
Queda prohibida toda represalia contra una persona
que presenta un cargo de discriminación, participa
en un procedimiento del Programa OFCCP o, de
alguna otra manera, se opone a la discriminación de
conformidad con las leyes federales.
Toda persona que cree que un contratista ha violado
sus obligaciones de no discriminación o acción
afirmativa, según las fuentes anteriores, debe
ponerse en contacto de inmediato con:
La Oficina de Programas de Cumplimiento de
Contratos Federales (The Office of Federal Contract
Compliance Programs-OFCCP), Employment
StandardsAdministration, U.S. Department of Labor,
200 Constitution Avenue, N.W., Washington, DC
20210, (202) 693-0101 o llamar a una oficina de la
OFCCP regional o de distrito consignada en la
mayor parte de los directorios telefónicos en U.S.
Government, Department of Labor (Gobierno de los
EE.UU., Departamento de Trabajo). Para personas
con discapacidad auditiva, el número TTY de la
OFCCP es (202) 693-1337.
Empleo privado, gobiernos estatales y locales,
instituciones educativas, agencias de empleo y
organizaciones laborales
Los empleados y postulantes a
empleos de la mayor parte delos
empleadores privados,gobiernos
estatales y locales, instituciones
educativas, agencias de empleo
y organizaciones laboralesgozan
de la protección otorgada por las
siguientes leyes federales:
RAZA, COLOR, RELIGIÓN,
SEXO, NACIONALIDAD
La Ley de Derechos Civiles de
1964, Título VII (The Civil Rights
Act of 1990), y sus
modificaciones, prohíbe toda
discriminación en relación con la
contratación, ascenso, despido,
remuneración, compensaciones
adicionales, capacitación,
clasificación, referencias, y otros
aspectos laborales, en razón de
la raza, el color de la piel, la
religión, el sexo (incluidos
embarazo y acoso sexual) o la
nacionalidad. Por discriminación
religiosa se entiende, entre otros,
la falta de adaptación razonable
para las prácticas religiosas de
un empleado siempre que la
adaptación no provoque una
dificultad económica excesiva.
DISCAPACIDAD
La ley de Estadounidenses con
Discapacidades de 1990 (The
Americans with Disabilities Act of
1990-ADA), Títulos I y V, con sus
modificaciones, protege a
empleados y postulantes idóneos
con discapacidades contra la
discriminación en relación con la
contratación, ascenso, despido,
remuneración, capacitación,
beneficios adicionales,
clasificación, referencias y otros
aspectos laborales en razón de la
discapacidad.
La ley también requiere que las
entidades contempladas provean
las adaptaciones razonables que
necesiten los empleados y
postulantes con discapacidades,
a menos que esas adaptaciones
causen una dificultad económica
excesiva al empleador.
EDAD
La Ley de Discriminación Laboral
por Edad de 1967 (The Age
Discrimination in Employment Act
of 1967), con sus modificaciones,
protege a los empleados y
postulantes de 40 años o más
contra la discriminación por edad
en relación con la contratación,
ascenso, despido,
compensaciones, condiciones o
privilegios laborales.
SEXO(SALARIOS)
Además de la discriminación
sexual prohibida por la Ley de
Derechos Civiles de 1964, Título
VII, y sus modificaciones, la Ley
de Igualdad en las
Remuneraciones de 1963, con sus modificaciones,
prohíbe la discriminación sexual en el pago de
salarios a mujeres y hombres que básicamente
realicen igual trabajo, en empleos que requieren
igual capacidad, esfuerzo y responsabilidad, en
condiciones laborales similares y en el mismo
establecimiento.
REPRESALIA
Queda prohibida toda represalia contra una persona
que presenta un cargo de discriminación, participa
en un procedimiento de contra la discriminación o,
de alguna otra manera, se opone a la discriminación
de conformidad con las leyes federales.
Si cree que ha sufrido alguna discriminación, de
conformidad con algunas de las leyes anteriores, y
para garantizar que cumple con los estrictos
cronogramas procesales a fin de preservar la
capacidad de la EEOC para investigar su queja y
para proteger su derecho a iniciar una demanda
privada, debe ponerse en contacto de inmediato
con:
La Comisión Federal de Igualdad de Oportunidades
de Empleo de los EE.UU. (The US Equal
Employment Opportunity Commission-EEOC),
Washington, DC 20507 ó con una oficina de la
EEOC telefónicamente a la línea gratuita (1-800)
669-4000. Para las personas con discapacidad
auditiva, la línea gratuita TTY de la EEOC es 1-800
669-6820.
Programas o actividades que reciben apoyo
financiero federal