PCI $1,272,469.55 Superior Pavement Markings $1,389,057.00
The anticipated contract schedule is as follows:
MILESTONE DATE
Award of Contract June 27, 2023 Begin Construction (estimated) July 17, 2023
Complete Construction (estimated) September 15, 2023
FINANCIAL IMPACT
These improvements were included in the Fiscal Year 2023-2024 Capital Improvement Plan budget and are funded by General Fund, Caltrans BCIP Cycle 2 grant, and AQMD funds. Funds are available in the Fiscal Year 2023-24 Economic Development’s operational budget.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to WGJ Enterprises, Inc. dba PCI, in the amount of $1,272,469.55 for the Bicycle Corridor Improvement Project (BCIP); and
Authorize the City Manager, or her designees, to execute the Agreement, and make minor modifications as appropriate thereto, on behalf of the City.
By: Alana Cheng, Project Manager
ATTACHMENTS:
Description Upload
Date Type File Name
Attachment
1: Bid
Summary
6/20/2023
Backup
Material Attachment_1._BID_SUMMARY._6.27.23.doc
Attachment
2: PCI
Construction
Agreement
& Exhibits
6/22/2023 Agreement Attachment_2._PCI_Construction_Agreement_w._Fed_Exhibits._6.27.23.pdf Attachment
3: Project
Street Map
6/20/2023 Exhibit Attachment_3._BCIP_Bike_Lane_Project_Street_Map._incl_CIP_street_project_coordination._6.27.23.pdf
•
•
BID DEADLINE: Thursday, March 09, 2023 at 11:00 a.m.
City Clerk’s Office – Planning conf. room
PROJECT NO.: BCIP Project No. PKG 2312
BIDDERS (Name & Address)
BID BOND ADDENDUM
AMOUNT OF BID
PCI
975 West 1st St
Azusa, CA 91702
YES YES $1,272,469.55
Superior Pavement Markings
5312 Cypress St
Cypress, CA 90630
YES YES $1,389,057.00
GARDEN GROVE
r:,. t::onuc
SECTION 5 -AGREEMENT
CONSTRUCTION AGREEMENT
WGJ ENTERPRISES INC. (dba PCI)
THIS AGREEMENT is made this 27th day of June, 2023 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and WGJ ENTERPRISES, INC. (dba PCI) hereinafter referred to as ("CONTRACTOR").
RECITALS:
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council Authorization dated _27th day of June, 2023.
2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the Bicycle Corridor Improvements at Various Locations, City Project No. 2312.
3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications, and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.
11Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY'S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.
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SECTION 5 -AGREEMENT
5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement.
In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
5.3 Project. The PROJECT is described as: Bicycle Corridor Improvements at Various Locations, City Project No. 2312.
5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Bicycle Corridor Improvements at Various Locations, City Project No. 2312. Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.
5.5 Time of Commencement and Completion. CONTRACTOR shall have ten (10) working days from the award of the Contract to execute the Contract and supply the CITY with all the documents and information required by the Instructions to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR.
If CONTRACTOR refuses or fails to provide the required documents and information within the ten (10) city working days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.
The Contract time shall commence on the fifteenth (15th) calendar day following the Notice to Proceed issued by the City and the CONTRACTOR agrees to submit shop drawings within fourteen (14) calendar days. The working day clock for both projects starts on the same day, fifteen calendar days after the Notice to Proceed is issued. The CONTRACTOR shall diligently prosecute the work within forty-five ( 45) working days to completion as required per the plans and specifications excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.
5.6 Time is of the Essence. Time is of the essence of this Contract.
Contractor shall have fourteen (14) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract -46 -
SECTION 5 -AGREEMENT
Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the fourteen (14) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsible and responsive bidder.
As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR'S reasonable control.
CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY'S decision will be conclusive on the parties to this Contract.
Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2006 Edition (GREEN BOOK). The CITY'S decision will be conclusive on all parties to this Contract. -47 -
SECTION 5 -AGREEMENT
5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.
CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY'S Engineer. The decision of the Engineer shall be final.
5.9 Changes in Project.
5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or
d. Directing acceleration in the performance of the work.
If CONTRACTOR believes that the written order issued as part of this Section 5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR'S receipt of the written order. CONTRACTOR'S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR'S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.
5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR'S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR'S first notice of the issue. CONTRACTOR'S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR'S request and shall provide a written response within -48 -
SECTION 5 -AGREEMENT
thirty (30) days of receipt of the request either approving or denying the request.
5.9.3 Except as provided in this Section 5. 9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.
5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs 5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period.
CONTRACTOR'S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.
5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.
5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of Three Thousand Six Hundred Dollars ($3,600) per day for each and every calendar day during which completion of the project has not been completed within forty-five ( 45) working day period. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract. -49 -
SECTION 5 -AGREEMENT
5.11 Contract Price and Method of Payment.
CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum not to exceed $1,272,469.55 (One Million Two Hundred Seventy Two Thousand Four Hundred Sixty Nine Dollars and Fifty-Five Cents), as set forth in the Contract Documents, to be paid as provided in this Agreement.
Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 30 days after the recordation of the Notice of Completion.
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY'S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.
5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to California Public Works Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.
5.13 Completion. Within 10 days after the contract completion date of the Project, CONTRACTOR shall file with the CITY'S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier.
5.14 CONTRACTOR 's Employees Compensation
5.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the -50 -
SECTION 5 -AGREEMENT
Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" ( or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations.
Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question."
5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid ( either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
5.14.3 Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).
5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty ( 40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. -51 -
SECTION 5 -AGREEMENT
The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate.
CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR sha II comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for labors, every two weeks to the Engineer. Certified payroll and cancelled checks submittals are due one month after start of construction and every two weeks thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR's failure to comply. Work shall be ceased in an orderly, safe fashion with all vehicle access restored. Should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.
5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461( e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a) (2).
5.14. 7 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
5.15 Surety Bonds. CONTRACTOR shall, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds submitted on any form other than the CITY's form will be rejected. The required bonds shall be from a surety licensed to do business in the State of California and with a current A.M. Best's rating of A-, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY."
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SECTION 5 -AGREEMENT
5.16 Insurance.
5.16.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, or termination at least thirty {30) days in advance. A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, Claims made and modified occurrence policies shall not be accepted for any policy. All Subcontractors shall be required to provide and maintain the same insurances. as required of CONTRACTOR under this contract. CONTRACTOR shall be required to collect and maintain all required insurances from all Subcontractors.
5.16.2 CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
5.16.3 CONTRACTOR and all Subcontractors shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, and shall issue a waiver of subrogation.
5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
Additional Insured Endorsements, ongoing and products-completed operations, for the Commercial General Liability policy, including mobile equipment and not excluding XCU and on the Contractors' Pollution Liability policy, if available. Endorsements shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY. (ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 28; and CG 20 37 forms if later versions used). Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
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SECTION 5 -AGREEMENT
An Additional Insured Endorsement for an Automobile Liability policy and shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
A Loss Payee Endorsement for the Course of Construction policy designating the City of Garden Grove as Loss Payee. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
In the event any of CONTRACTOR'S underlying policies do not meet policy limits as required here in, CONTRACTOR shall provide the schedule of underlying polices for a follows form excess liability policy, state that the excess policy follows form on the insurance certificate, and an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
For any claims related to this Project, the CONTRACTOR's insurance coverage shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, shall be excess of the CONTRACTOR's insurance and not contribute with it.
5.16.5 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following -54 -
SECTION 5 -AGREEMENT
insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better.
Workers' Compensation As required by the State of
California.
Employer's Liability
Commercial General Liability
(including on-going operations, products
-completed operations, and mobile
equipment, and not excluding XCU)
Automobile Liability, for all automobiles
including non-owned and hired vehicles
Follows Form Excess Liability
Not less than $1,000,000 per
accident for bodily injury or disease.
Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.
Not less than $2,000,000 combined
single limit for bodily injury and
property damage.
Required for any underlying policy
that does not meet the underlying
policy limits required herein.
If contractor maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher limits otherwise maintained by the CONTRACTOR.
CITY or its representatives shall at all times have the right to inspect and receive a certified copy of all said policies of insurance, including certificates and endorsements at CONTRACTORS sole cost and expense. CONTRACTOR shall pay the premiums on the insurance hereinabove required.
5.17 Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the sole negligence or sole willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
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SECTION 5 -AGREEMENT
5.18 Termination.
5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.
5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY's designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or -56 -
SECTION 5 -AGREEMENT
Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.
TO CITY:
City of Garden Grove.
CED Department
ATTN: Alana Cheng/Christy Le
11222 Acacia Parkway
Garden Grove, CA 92840
[email protected]
[email protected]
TO CONTRACTOR:
WGJ Enterprises Inc. dba PCI
ATTN: William G. Jacob, President
Attn: Evan Gurney, Project Manager
975 West 1st Street
Azusa, CA 91702
[email protected]
[email protected]
-57 -
SECTION 5 -AGREEMENT
5.22 Required Federal-Aid Contract Language. The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE
UNDER THIS SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ............................................................................... 61 A. NONDISCRIMINATION STATEMENT ............................................................................................. 62
8. CONTRACT ASSURANCE .............................................................................................................. 62 C. PROMPT PROGRESS PAYMENT .................................................................................................. 62 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ...................................... 62 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS ......................................... 63 F. COMMITMENT AND UTILIZATION ................................................................................................. 64 G. DBE RUNNING TALLY OF ATTAINMENTS ................................................................................... 65
2. BID OPENING ............................................................................................................................................... 66
3. BID RIGGING ................................................................................................................................................ 66
4. CONTRACT AWARD .................................................................................................................................... 66
5. CONTRACTOR LICENSE ............................................................................................................................. 66
6. CHANGED CONDITIONS ............................................................................................................................. 66 A. DIFFERING SITE CONDITIONS ...................................................................................................... 66
8. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER ........................................................ 66 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK ......................................................... 67
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ..................................... 67
8. BUY AMERICA .............................................................................................................................................. 67
9. QUALITY ASSURANCE ............................................................................................................................... 68
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS ....................................................... 69
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ...................... 70
12. FEMALE AND MINORITY GOALS ............................................................................................................... 81
13. TITLE VI ASSURANCES ............................................................................................................................... 82
14. FEDERAL TRAINEE PROGRAM .................................................................................................................. 86
15. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
EQUIPMENT AND
SERVICES .................................................................................................................................................... 87 -58 -
SECTION 5 -AGREEMENT (Continued)
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract ( 49 CPR 26). To ensure equal participation of DB Es provided in 49 CPR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It is the prime contractor's responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Ce1tification Program (CUCP) database and possesses the most specific available N01th American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DB Es certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CPR
26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CPR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is ce1tified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the -59 -
SECTION 5 -AGREEMENT (Continued)
DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
8. Contract Assurance
Under 49 CFR 26.13(b ): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cany out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be -60 -
SECTION 5 -AGREEMENT (Continued)
construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval.
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency's written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency's prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the fo I lowing justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency's bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
-61 -
SECTION 5 -AGREEMENT (Continued)
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The Agency determines other documented good cause.
The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.
The prime contractor's request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from the prime contractor to the DBE regarding the request.
3. Notices from the DB Es to the prime contractor regarding the request.
If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must(]) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor's request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7-day extension of this submittal period at the prime contractor's request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
F. Commitment and Utilization
Note: In the Agency's reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.
The Agency's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book.
This exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder's bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors -62 -
SECTION 5-AGREEMENT (Continued)
(DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
•
•
•
Name and business address of each 1st-tier subcontractor Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Zl) form.
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications.
Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
A. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 1 oth of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency. -63 -
SECTION 5 -AGREEMENT (Continued)
2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AW ARD If the Agency awards the contract, the award is made to the lowest responsible bidder.
5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164 ).
6. CHANGED CONDITIONS
a. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. b. Suspensions of Work Ordered by the Engineer
I. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days ofreceipt of the notice to resume work. The request shall set f01ih the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. -64 -
SECTION 5 -AGREEMENT (Continued)
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term "significant change" shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that potiion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City of Garden Grove.
The work shall be diligently prosecuted to completion before the expiration of 45 WORK.ING DAYS beginning on the fifteenth calendar day after approval of the contract. The working day clock starts on the fifteen calendar days after the Notice to Proceed is issued.
The Contractor shall pay to the City of Garden Grove the sum of $3,600.00 per day for each and every calendar day during which completion of the project has not been completed within their forty-five (45) working day period.
8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
-65 -
SECTION 5 -AGREEMENT (Continued)
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
I. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test rep01is. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
I. Non-ferrous metals
2. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)
3. Glass (including optic glass)
4. Lumber
5. Drywall
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer's certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
I. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project
9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The local agency ( City of Garden Grove) may examine the records and reports of tests the Contractor performs if they are available at the job site. Schedule work to allow time for QAP. -66 -
SECTION 5 -AGREEMENT (Continued)
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. -67 -
SECTION 5-AGREEMENT (Continued)
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS Local Assistance Procedures Manual
I. General
II. Nondiscrimination
111. Non-segregated Facillties
IV. Davis-Bacon and Related Act Provisions
v. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
x. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The design builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
Exhibit 12-G
Required Federal-Aid Contract Language
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contrac~ suspension/ debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, AppendiX A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625--1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.
The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) &. (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demolion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre
apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then nol less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
Exhibit 12-G
Required Federal-Aid Contract Language
d. Notices and posters selling forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
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6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and state regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and warren for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and warren. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
Exhibit 12-G
Required Federal-Aid Contract Language
8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar with the requirements for and carrply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurance Required:
a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non responsible.
c. The TIiie VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available al reasonable limes and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
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b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
Ill. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.
Exhibit 12-G
Required Federal-Aid Contract Language
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section: also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph
1.b. of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall 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 contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
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(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as slated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in 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, 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 or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee offunds until such violations have ceased.
Exhibit 12-G
Required Federal-Aid Contract Language
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
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(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. ( 4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contrac.tor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is 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. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates ( expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Exhibit 12-G
Required Federal-Aid Contract Language
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount offringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
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d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR
5.5, 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 ofits subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.1001.
Exhibit 12-G
Reguired Federal-Aid Contract Language
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No 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-halftimes the basic rate of pay for all hours worked in excess offorty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid VI/ages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR
5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).
3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and state regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:
(based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a}, the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.11 B(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116).
Exhibit 12-G
Required Federal-Aid Contract Language
5. The 30-percent self-performance requirement of paragraph (1) is nol applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, state, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
Viti. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
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Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR
200. 88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Prolection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to lake such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-lier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more -as defined In 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification -First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation In this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
Exhibit 12-G
Required Federal-Aid Contract Language
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written nolice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tler Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tler Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall no! knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower ner Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, In all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction that is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but Is not required to, check the System for Award Management website
(https:/M'WW.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nolhing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. *****
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, atlempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, state or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which alt judicial and administrative remedies have been exhausted, or have lapsed, and that Is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (US DOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements In this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification -Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more -2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
Exhibit 12-G
Required Federal-Aid Contract Language
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shalt provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and ''voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 -180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in alt lower tier covered transactions and in alt solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless It knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as welt as the eligibility of any lower tier prospective participants, each participant may, but is not required lo, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shalt be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
Certification Regarding Debarment, Suspension, lnellglblllly and Voluntary Excluslon--Lower Tier Participants:
1. The prospective lower lier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Exhibit 12-G
Required Federal-Aid Contract Language
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United states, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of lading) and to the Office of Cargo and Commercial Sealift (MAR· 620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified on board, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
MINORITY UTILIZATION GOALS
Economic Goal
Area
(Percent)
174
Redding CA:
6.8 Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 175
Eureka, CA
6.6 Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA: SMSA
Counties: 28.9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 25.6 7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 176 7400 San Jose, CA 19.6
CA Santa Clara, CA 7485
Santa Cruz, CA 14.9 CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
177 SMSA Counties: 16.1 6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo 14.3 Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus 8120
Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA CA 19.1
Kern
2840 Fresno, CA 26.1
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CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange 28.3 4480 Los Angeles-Long Beach, CA
CA Los Angeles 21.5
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura 19.0 6780 Riverside-San Bernardino-Ontario, CA CA Riverside; CA San Bernardino 19.7 7480 Santa Barbara-Santa Maria-Lompoc, CA CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
7320 San Diego, CA 16.9
181 CA San Diego
Non-SMSA Counties 18.2
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment,
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Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIXB
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person
November 2022
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIXC
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land") that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
November 2022
Local Assistance Procedures Manual
APPENDIXD
Exhibit 12-G Required Federal-Aid Contract
Language
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
November 2022
• Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -12189) as implemented by Department of Transportation regulations 49 C. F. R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is ___ _ This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of the prime contractor's equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor's needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of ____________ _
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City/County of ____________ approval for this submitted information before the prime contractor starts work. The City/County of __ ________________________________ credits the prime
contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
-84 -
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor's records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of ________ and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office.
Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of ______________ reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program
The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training.
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
EQUIPMENT AND SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list -85 -
before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list. -86 -
IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.
Date: -----------
ATTEST:
City Clerk
Date: ------------
APPROVED AS TO FORM:
Garden Grove City Attorney
Date -----------
"CITY"
CITY OF GARDEN GROVE
By: _________________ _
City Manager
''CONTRACTOR''
WGJ ENTERPRISES, INC. (dba PCI)
CONTRACTOR'S State License No. 415490
(Expiration Date: 07/31/2023
CONTRACTOR'S DIR NO. 1000813536
Attach a copy of your DIR Ce1iificate.
By:
Title: -----------------
Date: -----------------
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
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Agenda Item - 7.f.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Award a contract to Leed
Electric, Inc, for construction
of Project No. CP1268010 -
Trask & Westhaven
Reservoir/BPS SCADA
Improvements. (Cost:
$1,455,100) (Action Item)
Date: 6/27/2023
OBJECTIVE
For the City Council to award a contract to LEED Electric, Inc. for construction of Project No. CP1268010 – Trask & Westhaven Reservoir/BPS SCADA Improvements Project.
BACKGROUND
In the 2020 the Supervisory Control And Data Acquisition (SCADA) Master Plan, it had identified a list of 22 projects to be implemented over a 5-year period with an overall estimated budget of $7.8 million, which includes design and construction.
Trask & Westhaven Reservoir/BPS SCADA Improvements Project is one of the projects identified which will upgrade the SCADA software and hardware equipment to control and operate the Trask & Westhaven Reservoirs and Booster Pump Stations.
This project consists of demolishing and retrofitting Programmable Logic Controller (PLC) Control Panels, installation of new control panels, installation of new chemical dosing skids, replacement of select field instrumentation and valve controls, and replacement of engine control panels. New conduit, conductors, and junction boxes will be installed as indicated on the Drawings.
DISCUSSION
Two bids were received and opened by the City Clerk’s Office on May 31, 2023, at 11:00 a.m. (see Bid Summary Sheet).
The apparent lowest bidder was R2Build dba R2B Engineering. However, R2Build was disqualified for not providing proper references and past experience to show required project experience specified in the bid documents, Section A.1, which
provides:
Minimum Qualifications – General Contractor and Electrical Subcontractor :
General Contractor shall have a current Class “A” license in good standing with the California Department of Consumer Affairs - Contractors State License Board. Electrical Subcontractor shall have a current Class “C-10” license in good standing with the California Department of Consumer Affairs - Contractors State License Board. The General Contractor shall provide a Field Instrument Technician with the following qualifications: Certified Control Systems Technician (CCST) registration or completion of the relevant core courses in the Technical Skills Training program as certified by ISA. Both the General Contractor and the Electrical Subcontractor shall have a minimum of three years relevant project experience and five successfully executed projects of a similar scope and size. Contractor shall provide the relevant experiences in the reference section as requested in Section 4C.
Minimum Qualifications – Panel Fabricator
: Panel Fabricator shall be a single
source of responsibility for control panel fabrication and wiring and shall provide qualified personnel to complete the work specified for this project. Have at least five years relevant project experience fabricating control panels using Modicon PLCs. Panel Fabricator shall submit the following Evidence of Experience:
1. Five similar successful projects in the last five years with one project currently in progress or completed within the last two years.
2. Submit project descriptions with contact names, addresses, and telephone numbers from the project Owner.
Staff notified R2Build that its p roposal was found non-responsive for failure to comply with Section A.1 of the specification pertaining to the Minimum Qualifications. In particular, the requirements that requested a minimum of five similar successful projects in the last five years with one project currently in progress or completed within the last two years. R2Build's bid only provided 3 projects and not all of the provided projects had the similar scope as Project CP1268010. A copy of R2Build's bid is attached. In response, R2Build submitted the attached appeal of the non-responsiveness finding. However, an appeal is only available for a finding that a contractor is non-responsible, which is different from a finding that a bid is non-responsive (for failing to comply with the bid requirements). Nevertheless, staff recommends that the City Council uphold the staff's finding of non-responsiveness and let the contract to the second lowest responsive bidder.
The second lowest responsive bidder was LEED Electrics, Inc., with a total bid of $1,455,100. The licenses and references of LEED Electrics, Inc. have been reviewed and verified by staff, and all other documentation is in order. A copy of LEED Electrics, Inc.'s bid is attached. The anticipated contract schedule is as follows:
Award contract June 27, 2023
Project Kickoff July 17, 2023
Procurement of Long
Lead Items (8+ months) March 27, 2024
Begin construction March 28, 2024
Complete construction November 20, 2024
FINANCIAL IMPACT
There is no impact to the General Fund. This project is included in the 2023-2024 Capital Improvements Budget, and will be financed with Water Funds, in the amount of $1,455,100.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to LEED Electrics, Inc. for $1,455,100 for the construction of Project No. CP1268010 – Trask and Westhaven Reservoir/BPS Improvements Project; and
Authorize the City Manager to execute the contract on behalf of the City, and make minor modifications as appropriate.
By: Rebecca Li, Senior Civil Engineer
ATTACHMENTS:
Description Upload
Date Type File Name
Attachmen No.
1 _ Bid
Summary
6/19/2023 Backup
Material Att_No._1_StaffAwd_Const_LEED_Electric_CP1268010_BidSummary.pdf Attachment
No. 2 R2Build
Bid
6/21/2023 Backup
Material BidProposal_R2Build.pdf
Attachment
No. 3 R2Build
Appeal Letter
6/21/2023 Backup
Material signed_letter.pdf
Attachment
No. 4. LEED
Electronics Bid
6/21/2023 Backup
Material BidProposal_LEEDElectrics.pdf
Construcdtion
Agreement 6/19/2023 Agreement GG_HP_Pkg._1_-_ConstructionAgreement_preSignature.pdf
•
•
ATTACHMENT NO. 1
CITY OF GARDEN GROVE
PUBLIC WORKS DEPARTMENT
WATER SERVICES DIVISION
BID SUMMARY SHEET
PROJECT: CP 1268010 – Trask & Westhaven
Reservoir/BPS SCADA Improvements
Project
BID OPENING
DATE: May 31, 2023
TIME: 11:00 AM
Engineer’s
Facility Name Estimate Contract Amount
Trask and Westhaven Reservoirs/BPS
sites
$1,046,980 $1,455,100
Bidder’s Name
Total Bid
%Under
/Over
Engineers
Estimate
1. 2 R2Build dba R2B Engineering $1,255,000 19.7%
2. LEED Electric, Inc. $1,455,100 38.8%
SECTION 2 -CONTRACTOR'S PROPOSAL
CONTRACTOR'S NAME: __ R_2B_u_r_LD_dh_a_R_2B_En_g_in_ee_ri_ng_I_nc ____________ _
THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92840
SUBJECT PROJECT:
Gentlemen/Ladies:
SPECIFICATION NO. 779
SCADA MASTER PLAN IMPLEMENTATION
TRASK & WESTHAVEN RESERVOIR/BPS
SCADAIMPROVEMENTSPROJECT
PROJECT NO. CP1268010--DRAWING NO. W-627
The undersigned, having carefully examined the Plans and Specifications for the above subject project and having personally visited the site of the work and been made familiar with the conditions, HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and do all the work required to complete the said work in accordance with the said Plans and Specifications for the unit prices named in the following bid proposal. Furthermore, the following bid items include removal and replacement of Concrete and/or AC pavement, markers, and striping.
TOTAL BID PROPOSAL
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 1 8 % Clearing, Grubbing, Mobilization/ Demobilization. $ 100,000 $ 100,000
Per Percentage
2 1 LS Trask Reservoir/BPS: Demolition and modifications to existing control panel (PLC-TSK) as indicated on the
Drawings.
$ 84,000 $ 84,000
Per Lum Sum
3 1 LS Trask Reservoir/BPS: Route new conduit(s),
conductors, junction boxes as indicated on the
Drawings.
$ 36,500 $ 36,500
Per Lum Sum
4 1 LS Trask Reservoir/BPS: Demolition and replacement of existing chemical dosing skid as indicated on the
Drawings.
$ 165,000 $ 165,000
Per Lum Sum
-11 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 5 1 LS Trask Reservoir/BPS: Modify existing chemical pump starter, replace receptacle, install cord cap.
$ 22,000 $ 22,000
Per Lump Sum
6 2 EA Trask Reservoir/BPS: Demolition and replacement of solenoid controls on North and South Altitude Valves
(two solenoids per altitude valve) as indicated on the
Drawings.
$ 38,000 $ 76,000
Per Each
7 1 LS Trask Reservoir/BPS: Demolition and replacement of Station Flowmeter as indicated on the Drawings.
$ 22,000 $ 22,000
Per Lum Sum
8 2 EA Trask Reservoir/BPS: Demolition and replacement of existing MurCal control panel as indicated on the
Drawings.
$ 94,000 $ 188,000
Per Each
9 900 LF Trask Reservoir/BPS: Route new single-mode, fiber optic cable from PLC-TSK (located at Trask pump
station) to RIO-W20 (located at Well 20 Building) as
indicated on the Drawings.
$ 15 $
13,500
Per Linear Foot
10 1 LS Trask Reservoir/BPS: Install and connect new Remote 1/0 (RIO) enclosure (RIO-W20) at the Well 20 Building
as indicated on the Drawings.
$ 25,000 $ 25,000
Per Lum Sum
11 1 LS Trask Reservoir/BPS: Site Acceptance Test, Loop Check, and Commissioning Support
$ 4,000 $ 4,000
Per Lum Sum
12 1 LS Westhaven Reservoir/BPS: Demolition and
modifications to existing control panel (RIO-WH) as
indicated on the Drawings.
$ 85,000 $ 85,000
Per Lum Sum
-12 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words* Price Total 13 1 LS Westhaven Reservoir/BPS: Route new conduit(s),
conductors, junction boxes as indicated on the Drawings. $ 35,000 $ 35,000
Per Lump Sum
14 1 LS Westhaven Reservoir/BPS: Demolition and
replacement of existing chemical dosing skid as
indicated on the Drawings.
$ 165,000 $
165,000
Per Lum Sum
15 1 LS Sawcut and patch asphalt.
$ 12,000 $ 12,000
Per Lump Sum
16 1 LS Westhaven Reservoir/BPS: Modify existing chemical pump starter, replace receptacle, install cord cap.
$ 22,000 $ 22,000
Per Lum Sum
17 1 EA Westhaven Reservoir/BPS: Demolition and
replacement of solenoid controls on the Altitude Valve
(two solenoids per altitude valve) as indicated on the
Drawings.
$ 38,000 $ 38,000
Per Each
18 4 EA Westhaven Reservoir/BPS: Installation of new intrusion switches for tank vents and tank access hatches as
indicated on the Drawings.
$ 2,500 $
10,000
Per Each
19 1 LS Westhaven Reservoir/BPS: Trench and install new duct bank with 3x 1-1 /2" conduits between the Pump
Room and the Sodium Hypochlorite Room as indicated
on the Drawings.
$ 16,500 $ 16,500
Per Lum Sum
20 1 LS Westhaven Reservoir/BPS: Demolish existing OPL
panel (RP-WH) and retrofit with relay controls as
indicated on the Drawings.
$ 35,000 $ 35,000
Per Lum Sum
-13 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 21 1 EA Westhaven Reservoir/BPS: Retrofit existing PFAS PLC panel (CP-0021) as indicated on the Drawings.
$ 11,000 $ 11,000
Per Each
22 1 EA Westhaven Reservoir/BPS: Demolish existing Station Pressure Transmitter as indicated on the Drawings.
$ 4,000 $ 4 000
Per Each
23 1 EA Westhaven Reservoir/BPS: Install new Pressure
Transmitter enclosure (PIT-WH) as indicated on the
Drawings.
$ 12,500 $ 12,500
Per Each
24 1 EA Westhaven Reservoir/BPS: Install new chlorine
analyzer in the Pump Room as indicated on the
Drawings.
$ 14,000 $ 14,000
Per Each
25 1 LS Westhaven Reservoir/BPS: Site Acceptance Test,
Loop Check, and Commissioning Support
$ 4,000 $ 4.000
Per Lum Sum
26 1 LS Allowance to Accommodate Unknown Underground
Obstructions, as Directed by City and Only If Required. $ 55,000 $ 55,000
Per Lum Sum
* Each Bid Item includes: Furnishing all labor, equipment and materials TOTAL BID PROPOSAL: $
1,255,000
TOTAL BID PROPOSAL WRITTEN IN WORDS: One Million Two Hundred Fifty Five Thousand Dollars The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City of Garden Grove does not expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Engineer. -14 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
NOTE: The contract will be awarded to the lowest responsible bidder, based on the amount shown under TOTAL BID PROPOSAL. IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
It is understood and agreed that:
(a) Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in the Department of Transportation publication entitled General Prevailing Wage Rates, which is a part of the contract shall be posted by the CONTRACTOR at a prominent place at the site of the work.
If there is a difference in the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of Industrial Relations, for similar classifications of labor, the CONTRACTOR and its SUBCONTRACTORs shall pay not less than the highest wage rate.
(b) No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal.
( c) CITY will not be responsible for any errors or omissions on the part of the undersigned in making up their bid, nor will bidders be released because of errors. (d) The undersigned is licensed in accordance with the laws of the State of California. (e) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid; or any other person, firm or corporation to refrain from bidding, that the undersigned has not in any manner sought, by collusion, to secure for itself an advantage over any other bidder and that the unit prices proposed herein shall remain fully in effect for 180 calendar days from bid opening.
I declare under penalty of perjury that all statements or representations made herein are true and correct.
DATE: May-30-2023
10/31/2023
Expiration Date
R2BUILD dba R2B Engineering
Corporation
TYPE OF ORGANIZATION: INDIVIDUAL,
PARTNERSHIP OR CORPORATION
23441 S. Pointe Dr. Suite 280 , Laguna Hills , Ca 92653
ADDRESS
949-299-6426
-15 -
TELEPHONE
1031564
STATE OF CALIFORNIA LICENSE NUMBER
FAX
SECTION 3 -DESIGNATION OF SUBCONTRACTORS/REFERENCES
1. The undersigned certifies that the sub-bids of the following listed SUBCONTRACTORs have been used in making up this bid, and that the SUBCONTRACTORs listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications.
Bidder's Name -----------------------------
LIST OF PROPOSED SUBCONTRACTORS
Each bidder is to set forth below the name and business address of each SUBCONTRACTOR with whom the bidder intends to enter into subcontracts for the performance of any work in excess of one-half of one percent of the bidder's total bid, and the portion of the work to be performed by each SUBCONTRACTOR. Substitution of bidders may only be made in accordance with Section 4107 of the Government Code of the State of California.
Name of
SUBCONTRACTOR Address Phone No. Item of Work
1. Consult Construction Corp. 4623 Maytime Lane Electrical & Instrumentation Culver City, CA 90230 310-404-3065
Amount$ 716,500
License Number: 1021010
Exoiration Date: 11/24
2. Amount$
License Number:
Exoiration Date:
3. Amount$
License Number:
Exoiration Date:
4. Amount$
License Number:
Exoiration Date:
5. Amount$
License Number:
Expiration Date:
-16 -
SECTION 4 -AFFIDAVIT TO ACCOMPANY PROPOSAL
USE THIS FORM WHEN BIDDER IS AN INDIVIDUAL
State of California )
) ss.
County of Orange )
->.:.N-=-=a=m=e=---------------------------------' Affiant, being first duly sworn, deposes and says:
That it is the bidder who makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.
Subscribed and sworn to before me ____________________ _ This _________ day of _______________ , 20 .
Signature: _____________ _
Notary Public in and for the County of ______ , State of ___ _
USE THIS FORM WHEN BIDDER IS A CORPORATION
State of California )
County of Orange ) ss.
k lt«t; I At,,.,,..,,,, d 5JfWt!lil affiant, the s"'-LJ'.et,-$}' ~ i I d s;:;:, Pres., Sec. or Mgr. Ofer
of R2,§u,-laba R2B L-~-R2ri~
Name ofration
The corporation who makes the accompanying proposal, having first been duly sworn, deposes and says: That such proposal is genuine and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder. ~
Signature
President, Secretary or Managing Officer
-17 -
SE<:: /4\J'to-t~o Rn.-~orAYt.,'1
NOTARY PUBLIC JURAT CERTIFICATE
A notary public or other officer completing this certificate verifies only the identity of the individua·I ·who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitiof that document.
STATE OF _C_A_L_I_C:O_R_M_IA __
COUNTYOF_O_AA------,1\t_t;.1-~--
Subscribed and sworn to ( or affirmed) before me on this __ -3_0 ____ day of ; '2023 ---------
proved to me on the basis of satisfactory evidence to be the person.(&f who appeared before me. •
Signatrue ~ Public
Notary Seal
· OPTIONAL ENTRIES
Aftll)~\I\ ~··To AC(f)VV\pA N1 001\fO~A \... Type or Kind of Document: _______________ r_ ,._, ___ ""-______ _ Name of Other Party(ies) Involved: -
Date of Document: _6_<;-+-/_¾~/,___1fJ_r'1;_b __ No.·of Pages: ___ Type of ID.·Used: _~ __ t_l.. __ _ , I Additional Notes: -----------------------------
Sample Oath Wording: JJo you swear and af.i.rm that the statements in this document are the truth, the whole truth and nothing, but'the truth; so help you God?
@ 2015 ALL RIGHT~ RESERVED -·AMERICAN NOTARY GROUP -AmericanNotary.com -Reorder at: (323)349-0860
SECTION 4-AFFIDAVIT TO ACCOMPANY PROPOSAL (Continued)
USE THIS FORM WHEN BIDDER IS A CO-PARTNERSHIP
State of California )
) SS.
County of Orange )
_____________________________ , Affiant(s),
Being first duly sworn, each for itself deposes and says:
That
(Names of all Partners)
are partners, doing business under the firm name and style of ____________________ and that said co-partnership
(Name of Firm)
makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.
Subscribed and sworn to before me _____________________ _ This _________ day of _______________ , 20 __ .
Notary Public in and for the County of
_____________ , State of _________ _
Signature: _______________________ _
-18 -
SECTION 4-A -PREVIOUS DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bid, ever been disqualified, removed, or otherwise prevented from bidding on; or completing a federal, state, or local government project because of a violation of law of a safety regulation?
X
Yes ___ _ No ___ _
If the answer is yes, explain the circumstances in the following space.
NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire. -19 -
SECTION 4-B -QUESTIONNAIRE TO GENERAL CONTRACTORS
1. Were bid depository or registry services used in obtaining SUBCONTRACTOR bid figures in order to compute your bid?
Yes ( ) No()()
2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire.
3. Did you have any source of SUBCONTRACTORs' bids other than bid depositories? Yes ()() No ( )
4. Has any person or group threatened you with SUBCONTRACTOR boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ( ) No()()
5. If the answer to No. 4 is "yes," please explain the following details:
(a) Date(s):
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of threats:
(e) Additional comments:
(Use additional paper if necessary)
We declare under penalty of perjury that the foregoing is true and correct.
Dated this _____ 3_0 __ day of ___ M_a~y ___ , 20 23
R2BUILD dba R2B Engineering
-20 -
SECTION 4-C -QUESTIONNAIRE REGARDING BIDDERS
Number of years engaged in the contracting business under present business name List of last five contracts performed which show experience in work of a nature similar to that covered in this proposal. If none, so indicate.
Year Type of Work Contract Location For Whom Phone
Amt Performed Number
rn ,nuer I~arrow vvaier 1,042,000.00 2021 Reclamation Plant Security Whittier, Ca LACSD 562-908-4288 ext 2129 vol~t:: a11u ,::1,.,~,,~t: llllfJlvn ,,,v,,,
Rancho Santiano
Safety Portable Office Orange, Ca Community College 714-322-1192 2020 ;cit C>~nfonn r,:,minn r.nllPnP 964,000.00 District 2020 Emergency Generator 824,000.00 Lynwood, Ca City of Lynwood, Ca 951-285-9789 REFERENCES:
Following are the names, addresses and telephone numbers of firms or agencies with which you may confirm the past performances of the company in performing work of a similar nature and scope:
Firm/Address
1 ar.c:n
1955 Workman Mill Rd
Whittier, Ca 90601
□---;;·:h;-C:,:inti<>nn
Community College
District/ 2323 N Broadway, Santa Ana
\JI-\ .JLI UO
Citv of Lvnwood Ca
11330 Bullis Rd, Lynwood, CA 90262
Bidder's
Name:
R2BUILD dba 82B Engineering
Type of Work
Whittier Narrow Water
Rof'i<>m<:>tirm Dl<:>nt C:01'1 ,rih,
Fence and Entrance
Improvement
Safety Portable Office
--- CAI. _....., 11,1.....,::::,..., --• Iyv _,
Emergency Generator
Contact Person Contract
Telephone No. Amount
i:;i::0_QnA.A 'JQQ
1,042,000.00 ext 2129
"7➔ A or.r. ➔ ➔ ,...,...
964,000.00
c11::➔ _,-,n.-_l"l"7""
824,000.00
May, 30, 2023
Date:
State of California CONTRACTOR's License No. 1 031564 ------------------- CONTRACTOR's License Expiration Date _____ 1 _0/_3_1_/2_0_2_3 _________ _ -21 -
SECTION 4-D -CONTRACTOR'S QUESTIONNAIRE
1. List any lawsuit(s) filed against you or your firm over the past ten (10) years for breach or non-performance of contract: ____________________ _
N
2. List the results of any lawsuit(s): ___________________ _ None
3. List any claim(s) filed by SUBCONTRACTORs against you or your firm over the past ten (10) years: _________________________ _
None
4. List the results of each claim: ____________________ _
5. List any disciplinary action and the ultimate disposition within the past ten (10) years taken against you or your firm by the State CONTRACTOR's License Board: ______ _ None
6. List projects similar to the type applied for herein which you have worked on and how recently the project was performed: __________________ _
1. Mile 12 -CRA improvements
2. Lywood Well 9 reservoir improvements
3. Garden Grove PMI
I DECLARE UNDER PENAL TY OF PERJURY THAT THE FOREGOING IS TRUE, COMPLETE, ACCURATE AND CORRECT.
Dated: May, 30, 2023 ~ kf.,_,.A,;LA-lu«d~~
CONTRACTOR's Signature
-22 -
.,-..,.:- ...... ..._ ............ ~,["
/ /
R2BUILD
R2BUILD dba R2B Engineering, Inc
23441 S. Point Dr., #280 Laguna Hills, CA
CSLB #1031564 A, B
P: 949-466 -5543 Email: [email protected]
Via Email: [email protected] g
[email protected]
Monday, June 19th, 2023
Ms. Lisa Kim
City Manager
City of Garden Grove
11222 Acacia Parkway
Garden Grove , CA 92840
Re: Specification No. 779 CIP 1268010
SCADA Master Plan Implementation - TRASK & WESTHAVE RESERVIOR
SCADAIMPROVEMNTSPRJOECT
Subject: Letter of Appeal
Ms. Lisa Kim:
R2BUILD was the apparent low bidder for the above referenced City of Garden Grove's project that bid on May 31st, 2023. We are writing to appeal the non-responsive determination email we received from Rebecca Li (Senior Civil Engineer) on June 13th, 2023.
I understand that the application was deemed non-responsive due to a technicality, but we believe this decision was made in error. We have carefully reviewed the requirements and guidelines for the bid proposal, and we are confident that we have met all the necessary criteria. R2BUILD is primarily a public works General Engineering Contractor that was founded in 2016. We have successfully completed all the projects awarded. R2BUILD has no past, present or outstanding legal issues with either the client or subvendors. We are financially strong and do not have any outstanding disputes or unresolved payment issues with any vendors.
We are including the following additional information for your consideration:
• List of (6) Public works projects that are similar in size and nature and 1 active project in progress.
• Resume for Field Instrument Technician - Victor Espinoza • Panel Fabricator references- JFR Controls
R2BUILD dba R2B Engineering, Inc
23441 S. Point Dr., #280 Laguna Hills, CA
CSLB #1031564 A, B
P: 949-466-5543 Email: [email protected]
List of Public Works Projects:
Project 1: CRA MILE 12 Improvements
Description of work: Scope of Work included installation new 32 flowmeters in underground two 12'0 barrel with a critical limited shut down timeframe. Work included working on maintaining a existing infrastructure to minimize interruptions. Included design build of new off-grid solar PV system, 40' antenna pole, antennas, cameras. design build emergency propane generator system with dual redundancy control panels to operate propane tanks. New Generator control panel, pump control panel, integrated SCADA throuh RTU & RTU-TC. Included underground electrical ductbanks, vaults, new ATS, working in confined spaces - installation of complete functioning security & intrusion detection system. Project valued at $2,200,000 and is similar in nature as it involved maintaining existing industrial infrastructure, close coordination during critical shutdowns, new control panels fabricated by same shop intended for this project. Project loop drawings are attached for reference.
Project 2: Irvine Cove Lift Station - Emergency Generator Description of work: Scope of Work included construction UG 1 0'x1 0'x20' vault for emergency generator. Included new Generator Control panel, integrated Motorala Radio to the City's SCADA. New Natural Gas, new UG ductbank, large 30" SS exhaust and 36" intake lines. New switchboard, subpanel. concrete pad, & asphalt restoration. Working in a sensitive area while maintaining high public pedestrian traffic. Close coordination of final shut down, switch over. Valued $700,000 with primarily electrical work and working directly with City of Laguna Beach.
Project 3: Whittier Narrows - Site Security Improvements Description of work: Scope of Work included construction of approx .. 4000' of prefab fence and rolling gates. Underground electrical duct-banks, underground Vaults, installation of new control panels integrating new security and intrusion detection system with existing.
Project valued at $1,100,000 and is similar in nature due maintaining a fully functioning industrial facility with critical infrastructure.
Project 4: Siting Generator of Well 8
Description of Work: Scope of work included UG electrical duct-bank, Grading, OverE.x, New CMU building - concrete pad footing, CMU, fire rated openings, Roof Structural Steel, metal deck that included mechanical attachment and welding in place. New site concrete, new/restore existing irrigation. New Power to existing Water well, booster pumps, flowmeter , chlorine room. Furnish and install switchboard, MCC, VFD, RTU cabinet, fire alarm system. Install 350 KW diesel generator, Particle Filter and ATS. Close coordination of final shut down, switch over and restart of Water Well, Booster Pump Facility. Project valued $1,000,000 and is similar industrial water reservoir facility that required maintaining existing infrastructure and close coordination required for minimum interruptions to critical infrastructure.
Proiect 5: Construction of Safety Portables
Description of work: Scope of Work included construction of Underground electrical duct banks, New ATS, working in confined spaces - underground Vaults, installation of complete functioning intrusion detection system, site security system, main addressable
R2BUILD dba R2B Engineering, Inc
23441 S. Point Dr., #280 Laguna Hills, CA
CSLB #1031564 A, B
P: 949-466-5543 Email: [email protected]
fire alarm system. New fire water/fire hydrant, portable water, sewer and storm drain system. Scope included concrete foundation for 3600 sqft bldg and site restoration consisting of concrete, asphalt and grading. Project valued at $964,000 and is similar in nature due maintaining a fully functioning commercial facility with critical infrastructure.
Project 6: CNG electrical - City of Commerce
Description of work: Scope of Work included construction of over +1,000' of UG electrical ductbank along commercial paved road. Electrical Work in Class 2 Div 2 area of Compressed Natural Gas. New switchboard, subpanel. New CMU retaining wall, concrete pad, & asphalt restoration. Close coordination of final shut down, switch over and restart of CNG facility. Valued $400,000 with primarily electrical work and working directly with City of Commerce.
Project 7: GARDEN GROVE PMI (in Progress)
Description of Work: Scope of work includes design, fabrication and installation of 6 pedestals and Pressure monitoring control panels (Fabricated by JFR Controls) at various locations around the City of Garden Grove. Scope of work to include demo, underground electrical ductbank, concrete pad. Includes coordination with Utility provider. Project valued $420,000 and similar in nature due to fabrication of control panels and working with City of Garden Grove.
We understand that there may have been some confusion or miscommunication regarding information provided in the bid document, but we'd like to request that you reconsider your decision . We are eager to participate in this project with City of Garden Grove and we believe we have a lot to offer your team for the successful completion of this project.
Per the Notice To Contractor Section B item 6 we'd like to request the City Manager or a designee of City Manager to independently reevaluate R2BUILD's qualifications and conduct a hearing as allowed in the bid documentation.
I would be happy to provide any additional information or clarification that you may need in order to reconsider your evaluation. I appreciate your time and consideration. We are confident that R2BUILD has the required qualifications to complete this project. R2BUILD should be deemed responsible and awarded the project.
Should you have any questions, please do not hesitate to contact me at 949.466.5543 Massoud Jami
President
R2BUILD
Attachments :
R2BUILD dba R2B Engineering, Inc
23441 S. Point Dr., #280 Laguna Hills, CA
CSLB #1031564 A, B
P: 949-466-5543 Email: info@r2-bui ld.com
1. Resume for Field Instrument Technician - Victor Espinoza
2. Panel Fabricator references- JFR Controls
3. Sample As-built Loop Drawings for Project 1
Name Victor H. Espinoza (858) 305 9961
Title Instrumentation and PLC Controls Systems Engineer E-mail [email protected], [email protected]
COMPUTER SKILL
Operating Systems and Virtualization: NT, XP, Vista, Windows 8, Windows 10, Windows 11, TeamViewer, Remote Desktop Connection, VMWare.
2D Cad drawing: Autocad Electrical, Computer Languages: Assembler, Visual basic, C++, Python, MySQL Data Base, PLC Programs:
RSlogixs, Rslinxs, ISaGRAF, Telepace Studio, Do-more Desinger 2.5, 2.6, 2.7, 2.8 HMI: PanelBuilder32, C-MORE, Maple System (Easy Builder 500), EZWarePlus, Wonderware 9.5, RSViewv32, RSView Studio, Lookout, Ignition (Inductive Automation), Clear Scada, C-more EA9 Series.
Hardware: VFDs, Micrologix, SLC 5, SLC 500, Controllogix, PanelView, PanelView Plus, etc.
Radios: MDS iNET-II 900, ESTeems, Airmux 400, Nanostation Ubiquiti, Guardian Calamp, Viper Calamp, Phoenix Contact 900Mhz Radios, SCADALink RIO 900Mhz etc.
2016 to Present
• Provide support and service to City of Pico Rivera, Troubleshooting PLC's, VFD, Analog signals, Digital signals, Airlink Modem, Modify HMI (Ignition), Create Reports, do service remotely are some of the tasks that are performed daily. • Provide support service to City of South Gate, Troubleshooting PLC's, Analog signals, Digital signals, Esteem Radios, Add signal to HMI (Clear Scada), are some of the tasks that are performed daily. • Participated in 5 Station (Pumping Plant with Gate Controller, River Pump Station, River Pipeline Intake with Gate Controller base on Flow or Level, Enos Lane take flow and Level measurements, State-takeout take flow and Level measurements for KWBA (Kern Water Bank Authority), Programming PLC's in Telepace, HMI Ignition, MDS Radios for Communication, create a mobile app for HMI Ignition. • Participated in improvement of Well 28 for the City of South Gate, added a water Tank and 3 Boosters, Programming PLC's in Telepace Studio, HMI Clear Scada.
• Participated in a new Well 29 for the City of South Gate, Programming PLC's in Telepace Studio, HMI Clear Scada and commissioning and startups.
• Participated in the installation of 7 security cameras for KWBA (Kern Water Bank Authority), Programming cameras Hikvision, Programming radios Ubiquiti Nanostation, Programming NVR, commissioning and startups. • Create a Design to control 3 Gates base on Level, Flow or Position, program PLC Telepace Studio, HMI Clear Scada, programming OIT (Operator Interface Terminal) EZWarePlus, Cellular modem Sierra Wireless RV50, Drawings Autocad Electrical, Participated in the Electrical Installation, commissioning and startups for Madera Irrigation District. • Participated and Install 19 SDR’s (Stage Digital Recorder), Write and Install Mimics for Clear Scada, Programming and Setup Cellular Modems (Sierra Wireless RV50), Design and provide Control schematic for panels and submittals for Madera Irrigation District. • Create and Design Level Alarm , Design and provide Control schematic for panels and submittals, Arduino Board with Ultrasonic Sensor, SIM Card to send Alarms Text Messages for the High and Low Level and the ability to program from a Text Message. • Added 13 Rubicon Gates into SCADA (Clear Scada) Using Calamp Radios (Guardian and Viper), Installation of radios, antenna, interface, programming radios, Screens on SCADA and startup for Madera Irrigation District. • Design, Build and Install a Control Panel with Controller (Rug3), Cellular Modem (RV50), Lever Transmitter (Flowline ECHOPOD) Solar Panel and Batteries to register Level and send to SCADA at Abbey’s Hole for Madera Irrigation District. • Build Network Drawings for Madera Irrigation District. • Install remote display and put in SCADA Siemens Magmeter 5000 for City of South Gate. • Replace Ultrasonic Transducer and commissioning for Siemens Hydro Ranger 200 City of South Gate. • Alignment and troubleshooting Radio repeater from Santa Fe Tank to Yard City of South Gate. • Installation and commissioning for Existing sensor for Panametrics Flow Meter at Kern Water Bank Authority. • Created a Daily Flow Report for 7 sites in Ignition SCADA at Kern Water Authority. • Participated on Fabrication and Design of 7 control Panels for UPGRADE WWTP SYSTEM MAIN BASE & AFRL EDWARS AIR FORCE BASE, CALIFORNIA.
• Troubleshooting and fix Issues at the CL2 High and Low alarm for Well 29 City of Southgate and created the function for Low Flow-Cutoff saving between 1 to 4 hours of pumping water.
• Estimating for Control Panel Drawings Design and Integration to ClearSCADA for Well18 City of South Gate. • Estimating SITING OF EMERGENCY GENERATORS & SITE IMPROVEMENTS PROJECT, PROJECT NO. 4011.67.901 & 4011.67.910, Well 8, Control Panel, Instrumentation and Control, City of Lynwood. • Submittal and Control Panel Design, PLC and OIT Programming, Malibu Pier Lift Station Replacement, City of Malibu. • Estimating and Control Panel Drawings Design, Integration for two actuators at Metering Station Kern Water Authority. • Estimating and Control Panel Drawings Design, Integration for Strand Pump Station and Bypass Pump Station Projects at Kern Water Bank Authority.
• Estimating and Control Panel Drawings Design, Integration for a Lift Station at City Of Laguna Beach, Victoria 1 Lift Station, Rehabilitation. • Participate in Cad Drawings and design for a Lift Station, PLC and OIT Programming, at City Of Malibu Pier lift Station Replacement.
• Create Drawings for existing Gate Controller at LOS ANGELES COUNTY SANITATION DISTRICTS Whittier Narrows Water Reclamation Plant Security Fence and Entrance Gate Improvements.
• Control Panel Design, Fabrication, Installation, termination, Programming PLC (Telepace Studio) and SCADA (Ignition) for Integration of two actuators at Headwork for KWBA (Kern Water Bank Authority). • Participated on By Pass Project on Integration of actuator control, flow meter, level indicator, Programming PLC (Telepace Studio) and SCADA (Ignition) for KWBA (Kern Water Bank Authority).
• Emigrated SCADA (Ignition) to a new Server with data base, remotely. • Create Submittals and Drawings for COLORADO RIVER AQUEDUCT MILE 12 MONITORING STATION UPGRADES Metropolitan Water District, Control Valve 50LCP-135 and 50LCP-165, Sump Pump 50LCP-142, 50LCP-136 Generator Control Panel, RTU-TC, Schematic, Point to Point and Loop Drawings.
• Created Submittal and Drawings for IEUA RMPU BASIN IMPROVEMENT PROJECT AT RP-3 BASIN NETWORK CABINET NC-1 AND NC-2 for MetroBuilders.
• Create Submittal for CROCKETT TERMINAL TIDE ENVIROMENTAL ENCLOSURE NEXSENS RADIO for NuStar. • Create Submittal and Drawings for Solar Level Monitoring Station Control Panel 99-CP-270, CRA MILE 12 FLOW & CHLORINE STATION UPGRADE.
• Create Drawings for industrial panel IRVINE COVE SEWER LIFT STATION EMERGENCY GENERATOR INSTALLATION PROJECT. • Participated on the chlorine system upgrade for Well 26, Well 27, South Gate Park and Hawkins, Startup, PLC and SCADA Programming this for City of South Gate.
• Recovery Clear SCADA using backup on City of Southgate. • Startup and commissioning Solar Panels, Sol-Ark Inverter, Fortress Batteries and Propane Generator, Programed PLC Micro 800 for Generator Control Panel 50LCP-136, created O&M Manual for COLORADO RIVER AQUEDUCT MILE 12 MONITORING STATION UPGRADES Metropolitan Water District
2008 to 2015
Technical department of the company. Electrical control panel fabrication, PLC & HMI programming, O&M user manuals, engineering diagrams, troubleshooting, commissioning and start ups are some of the tasks that are performed daily Accomplishments:
• Participated PLC and HMI instrumentation for Del Campo, Ca. And Otay Water Distric for San Diego, Ca. and City of Oceanside • Participated in the electrical design and control and startup for the WESP “wet electrostatic system precipitator” Units at a Lead recycling facility in Indianapolis, US.
• Participated Design, Fabrication, Programming, and Start up of the PLC section of a pump house project for the city of Coronado, Ca • Participated Design, fabrication and Installation of PLC Scada panels for three pump houses for the City of Poway, San Diego, Ca • Participated for the installation phase of a project developed in Fort Irwin, Ca. that consist in the installation and start up of 21 PLC SCADA panels plus 1 Master Central Unit that integrates the Remote monitoring via radio of the 95% of all Lift Stations inside the military base and 100% of the Wells and Reservoir Tanks.
• Participated Implementation for a Telemetry system that watches the level for a Reservoir tank and a new PID system capable of maintaining the residual CL2 from a Chlorine contact chamber in a water treatment plant within specs. Reports generation, autodialer, etc. That provides clean water for Wild Animal Park in CA.
• Participated Fabrication, Programming, installation of a 3 new Telemetry cabinet for a Lift Station in Camp Wilson Twentynine Palms, Ca. • Participated Fiber Optic Network Installation in addition to an existing Network in Camp Wilson Twentynine Palms, Ca. • Renewing the Chlorine system for a disinfection process in the Waste Water Treatment Plant No. 9 in Camp Pendleton, CA. In this project HMI development and PLC programming was required.
• Participated Fabrication, Programming, installation of a 3 new Telemetry cabinet for a Lift Station in Camp Wilson Twentynine Palms, Ca. • Participated on upgrade PLC Control Panel, Modify and Startup on GKN AEROSPACE INC. EL CAJON, SAN DIEGO, CA. This Panel control the temperature for different chemicals to create the aircraft or naval metal parts.
2006 to 2007
HMI Programmer performing several projects at a time, conduct troubleshooting on PLC systems already installed. Writing user manuals and engineering diagrams.
Accomplishments:
• Participated Calibration for Motor Vibration sensors, Motor Temperature sensors, analog ultrasonic height level sensor meters, in three waste water pump house These facilities were working with Moscad PLC units and Intouch 9.5 from Wonderware in “ CESPM (Estate Commission of Potable water services in Mexicali) Estate Water waste and water distribution, Mexicali” • Participated HMI work for CESPT (Estate Commission of Potable water services in Tijuana) ActiveFactory from Lookout in two potable pumping water plants.
• Install an Electricity demand watcher program in “Delphi connection systems” that monitors in real time energy consuming from building elements like: Lights, Chillers, air blowers, HVAC. Development software: ASI Expert, Wonderware Intouch 9.5. • Assist several companies in the area with Electrical or Electronic problems such as SAMSUNG, ICHIA, DUCAMEX, etc.
Kern Water Bank Authority
kwb.org
Contact: Nick Torres, Operation & Maintenance Manager, [email protected] (661) 398-4900
Provide electrical engineer services, computers, Programmable Logic Controllers (PLC), SCADA Software (Ignition) new remote units (RTU), Electrical equipment’s., maintenance and Integration from 2016 to 2022. For the sites: State Intake, Main Pumping Station, Strand Pump Station, Enos Lane, River Pump Station, Headworks and CRP.
City Of South Gate
cityofsouthgate.org
Contact: Ramiro Hernandez, Water Operations Foreman, [email protected] (323) 595-9119 Contact: Daniel Dhayer, Water System Lead Operator, [email protected], (323) 357-9653
Provide electrical engineer services , computers, Programmable Logic Controllers (PLC), SCADA Software ( Clear SCADA), remote units (RTU), Electrical equipment’s., maintenance and Integra tion from 2016 to 2022 for the sites : Well26, Well 27, Well28 Elizabeth Booster Station, Well29, CB7, CB11, Park Reservoir, Park Repeater, West Site Reservoir, Hawkins and Control Room.
Acme Automation Corp
Contact: Robert Tran, President, [email protected] (858) 603-0390
Work with several project from 2008 to 2015 in Control System, Integration and Scada Upgrades Control Panel Design and Fabricate PLC and RTU Control Panels for Manufacturing and Process industries, Provide Electrical Installation Services, provide electrical engineer services, computers, Programmable Logic Controllers (PLC), remote units (RTU), SCADA Software’s, Electrical equipment’s.
Madera Irrigation District
madera-id.org
Contact: Charles Contreras, Operation & Maintenance Manager, [email protected] Provide electrical engineer services, Control System, Integration and Scada Upgrades Design, Install, commission, program and integrate 3 Actuators at Burgess @ Motel, Burgess Diversion and Avenue 12.
Integration and commissioning of 12 Rubicon Gates for flow monitoring and control.
Design, commission, Integration (Clear SCADA) of 19 SDR for flow monitoring on different sites.
Design, Install, commission, program and integrate (Clear SCADA) Abby’s Hole for flow monitoring.
JFR CONTROLS
1651 San Luis Rey Ave
Vist
a, Ca 92084
Cell: 760.822.4708
RE: Minimum Qualifications – Panel Fabricator:
15 J
une 2023
R2BUILD
Attn
: Massoud Jami
To whom it may concern,
JFR Controls is a single source for control panel modification and wiring. All provided by qualified personnel to complete work specified by this project. JFR has been building UL508a listed control panels since 2010 and 15 years prior to that. All forms of PLC(s) used during that time (Modicon, IDEC, Allen Bradley, Siemens, Mitsubishi & Opto22. See attached UL508a Certificate of Qualification Manufacture Technical Representative (MTR).
2018 Price Electric (owner) (end user) Pacira WFI ICP Allen Bradley Plc’s Brad Price (619) 843-2383
2019 Neal Electric (owner) (end user) Caltrans ICP Allen Bradley Plc’s Danny Rivera (951) 538-7230
2020 Electrical Sales Inc (owner) (end user) WinWater Skid Hot Springs ICP Siemens Plc’s Ryan Sullivan (760) 598-1510 ext.1100
2021 Rwsmith & Co (owner) (end user) Kite Pharma ICP’s Allen Bradley plc’s Laura Baily (760) 717-9819
2022 Cascade Thermal Solutions (owner) (end user) Illumina ICP’s Idec Plc’s Aaron Essley (619) 550-7228
2023 Enthim Industries LLC, (owner) (end user) Spa’s Rec Sports ICP’s Opto22 plc’s Evan Kuklinski (503) 504-9818
Sincerely,
Joe V. Garcia Jr.
V.ESPINOZA
S. MUDALIYAR
COLORADO RIVER AQUEDUCT
MILE 12 MONITORING STATION UPGRADES
LOOP ORA WINGS
I ORA WING INDEX I
NOTES:
ORA WING NUMBER DESCRIPTIONS SITE
1. USE SHIELDED CABLE SUITABLE FOR 300 VOLTS, RATED AT LEAST 90 DEG. C DWG_LOOP01 #18/2, AS REQUIRED FOR LOW LEVEL ANALOG SIGNAL.
FLOW METERS SO-FIT -140 & SO-FIT -141. ELECTRICAL ROOM
2. USE #14 STRAINDED MTW OR THHN SINGLE CONDUCTOR WIRE FOR ALL DISCRETE DWG LOOP02 UPS SYSTEM SO-UPS-166, COMMUNICATION & ACP PANEL. ELECTRICAL ROOM SIGNAL WIRE EXCEPT AS NOTED IN THE DRAWINGS.
DWG LOOP03 LEVEL SWITCH ALARM, DOOR ALARM & SMOKE DETECTOR. ELECTRICAL ROOM 3. RUN LOW VOLTAGE WIRES (24VDC DISCRETE OR ANALOG SIGNAL WIRES) AND 12OVAC DWG LOOP04 SIGNAL WIRES IN DIFFERENT CONDUITS. CHLORINE ANALYZER, TEMPERATURE TRANSMITTER. ELECTRICAL ROOM DWG LOOPOS TRANSFER VAL VE SOLCP-13S GENERA TOR ROOM 4. DASH LINE (----------) REPRESENTS FIELD WIRING.
DWG LOOP06 TRANSFER VAL VE SOLCP-16S GENERA TOR ROOM 5. SOLID LINE ( ) REPRESENTS INSIDE PANEL WIRING.
DWG LOOP07 GENERA TOR CONTROL PANEL SOLCP-136 GENERA TOR ROOM 6. COMPONENTS WITH NOTE (F) REPRESENTS FIELD MOUNTED DEVICES.
DWG LOOPOB GENERA TOR CONTROL PANEL SOLCP-136 GENERA TOR ROOM DWG LOOP09 PROPANE ANALYZER, TEMPERATURE TRANSMITTER, DOOR ALARM & SMOKE DETECTOR. GENERA TOR ROOM ABBREVIATIONS DWG LOOP10 LEVEL INDICATOR SOLIT -131, SOLIT -132 & PROPANE ANALYZER GENERA TOR PIPING CB CIRCUIT BREAKER = DWG LOOP11 CR = CONTROL RELAY
INVERTER SOINV-16 7 BATTERY ROOM PS = POWER SUPPLY
DWG LOOP12 HYDROGEN TRANSMITTER, TEMPERATURE TRANSMITTER, DOOR ALARM & SMOKE DETECTOR. BATTERY ROOM DWG LOOP13 SUMP PUMP SOP-142 YARD PIPING
NO. DATE REVISIONS CK.B'l PROJECT NO.
0 8/19/21 FIRST ISSUE RN APPROVED ?021
COLORADO RIVER AQUEDUCT R2BUILD
1 4/24/23 IS BUILT SM MILE 12 MONITORING STATION UPGRADE 23441 S Pointe Dr /1280, Laguna Hills, CA 92653 203 DRAWN BY:
TEL. 818-856-0326 SHEET .fJ.1_ OF CHECKED BY: INDEX DRAWING apOconsultcc.com SCALE: DRAWING No. : LOOP _INDEX 14
NOt£ -
V.ESPINOZA
S. MUDALIYAR
I I I
ELECTRICAL ROOM I GENO16 RTU-TC I GENO16 RTU I SCADA
I I I
SOFIT-141 FLOWMETER I I I
NO.1 CABLE E I I I TB-C
- 50FIT141-HI/GENO 16-TBC-16 (WHT) I - I - I GEN016H_50Fl141 5OUP1 HI n-- 16 21 ----- ~ N -5"ohl 1 V5QFN FLOW INDICATION OUTPUT1 50FIT141-LO/GEN016-TBC-17 (BLK) I I DIST. PANEL LO 17 23 ----- c~ IM 141" I ~ (0-1000)CFS C
~
I I
I
I 4-20mA - '--' -- 50UP1-CB2/50FlT-141-H (BLK) ,,,.... - 18 CB2 - H Q
-
I SHLD - I I
EXTERNALLY POWERED
- 50UP1-N2/50FlT-141-N (WHD 120 VAC, CB2, N2 - N
20A. - 50UP1-G2/50FlT-141-G (GRN) - 0 I I I G2 - G - CABLE F TB-A - ~
I I I - 50FIT -141-NO/GEN016- TBA-67 (BLK) - - 5GENO 1 6H_50UA 1 41 - CABLE A NO ~ --67 110
~---~m~~~~ ~~ SOFIT-141
I I K1 - 50FIT-141-C/GEN016-TBA-68 (RD) 11 __ 68 - ~---~ FLOW TRANSMITTER - C 115 ~
I SHJn-79 I I
FAIL ALARM - '--'
~
-
e
I - I I -- SOFIT-14O FLOWMETER I I I
I I I - NO.2
- CABLE E I TB-C I I - 50FIT -140-LO /GENO 1 6-TBC-13 (WHT) - - I GEN016H_50Fl140
- HI
I
- 13
I
17 AN -5"ohl V5QFN FLOW INDICATION OUTPUT1 I 11-- I ------ 50FIT-140-HI/GEN016-TBC-14 (BLK) - - ' - LO 14 19 ~----Cl JM 140"
I
~ (0-1000)CFS
I C I ' VJ
- '--' -
~ 4-20mA
- 50UP1-CB3/50FIT-140-H (BLK) ,,,.... - 15 I CB~ - H
Q
- I SHLD - I EXTERNALLY POWERED
- SOUP 1 -N3/50FIT -140-N (WHT) -120 VAC, CB3, N3 - N
~
- I I I 20A. - 50UP1-G3/50FlT-140-G (GRN) -G3 - G - CABLE F I TB-A I I - ~
CABLE A - 50FIT -140-NO/GEN016- TBA-65 (RD) I - I - J~~ 5GEN016H_50UA140
NO - 65 106 ----- SOFIT-140 I
11--
I
K1 - 50FIT-140-C/GEN016-TBA-66 (BLK) I - I - I~ FLOW TRANSMITTER C 66 111 ~--- C 1,49 I
C
I FAIL ALARM - '--' -
~
I 78 I I
I
SHLD -
I I
I I I
I I I
RTU CABLE A CABLE E CABLE F
REFERENCE TABLE MORE DETAIL ON DESCRIPTION TAG NO. POINT RTU 1-3/C#14 SHLD 176OA CONSOLIDATED DRAWING INDENTIFICATION 1-3/C#12 (W/GND) 1-2/C#18 SHLD SHEET E-7 (1 SP) DRAWING 8-172694
MILE 12 SIPHON 1 5OFIT-141 5OFl-141 GEN016 50UP102PA 5OFT141I8 50FT141CA MILE 12 SIPHON 2 5OFIT-14O 5OFl-14O GEN016 50UP103PA 5OFT140IB 50FT140CA NO. DATE REVISIONS CK.Bl PROJECT NO.
0 7/27/21 FIRST ISSUE RN APPROVEO ?021
COLORADO RIVER AQUEDUCT R2BUILD
1 3/08/22 UPDATED INFORMATION FROM POINT UST VE MILE 12 MONITORING STATION UPGRADE 23441 S Pointe Dr /1280, Laguna Hills, CA 92653 203 2 4/05/22 FU PLC AND TB INFORMATION DELETED VE DRAWN BY:
3 4/24/23 IS BUILT SM TEL. 818-856-0326 SHEET JJ.2..oF CHECKED BY: ELECTRICAL ROOM apOconsultcc.com SCALE: FLOWMETERS No.1 & No.2 DRAWING No. : DWG_L00P01 14 NONE
V.ESPINOZA
S. MUDALIYAR
ELECTRICAL ROOM GEN016 RTU-TC GEN016 RTU SCADA
LP1 50UPS-166 UPS SYSTEM
DIST. PANEL CABLE B CABLE C TB-D1
LP1 -CB28 SOUPS-166-L 1 BLK L1 50UPS-166-5/GEN016-TBD1-1 (WHT) RJ45 5 ~=-=-~~.,!_;;_~----~~---+-++-----, ~L_P_1 -_C_B_3_0,:_/_50_U_P_S_-_1 6_6_-_L_2_(~B_LK~)---,--+, L2 RS485 4 ~5=-=0~U=--PS=--_1:...:6~6_-_,4 /~G=-=E=--N~0_1 6_-_T_B_D_1 -_2~(B_L_K_,_) ----+--++-----, LP1-G28/50UPS-166-G (GRN) ~5_0_U_P_S-_16_6_-_G-'-/_G_EN_0_1_6_-_TB_D_1_-_G~(S_H_L_D'-) ---+-,-·+-----......____, G ______ ___, G SHLD
50UP1 DIST. PANEL CABLE A
120 VAC, CB6,
20A.
120 VAC, CBB,
20A.
L1 ~5=0=U~P~1--'L=1~5~0U=P-'S~--'1-'-6-"-6_-=-L1.;......,.=-BL=-K_,__+-+, 50UP1-L2/50UPS-166-L2 (BLK) L2 L2~--~----~~--,
N 50UP1-N/50UPS-166-N (WHT) N
G 50UP1-G/50UPS-166-G (GRN)
CB6~5=0=U~P~1-_C=B~6:.r_-=cC=O=M=M_-=-L->=B=LK.:..,_ ___ +-+, 50UP1 -N6/COMM (BLK)
50UP1-G6/COMM (GRN)
50UP106PA
1-3/C #12 (W/GND)
50UP1 -CBB APC-L BLK
50UP1 -NB/APC-N (BLK)
50UP1 -GB/APC-G (GRN)
50UP108PA
1-3/C #12 (W/GND)----'
COMMUNICATION PANEL
ACP PANEL
CBS~5~0~UP~1~-~C~B~5~G~E~N~0~16~-~R~T~U_-~L~BL~K~-+-+------------------------.------------r--i L 120 VAC, CBS, 50UP1 -N5/GEN016-RTU-N (WHT) N 20A. N5 ~:..=_-:::~~L-=..=-:....:...:~~~~~~-+-1--------------------------:-----------.,---, GS 50UP1 -G5/GEN016-RTU-G (GRN) G
50UP105PA
1-3/C #12 (W/GND)-~
REFERENCE TABLE MORE DETAIL ON
1760A CONSOLIDATED DRAWING
SHEET E-1O
DRAWING 8-172697
NO. DATE
0 7 27 21
DESCRIPTION TAG NO.
FROM DIST. PANEL LP-1 TO UPS 5OUPS166 LP-1
FROM DIST. PANEL 5OUP-1 TO UPS 5OUPS-166 5OUP-1
RTU
POINT
INDENTIFICATION RTU
50UPS-166
50UPS-166
FROM 50UPS-166 TO RTU-TC 5OUPS-166 GENO16
REVISIONS K.
FIRST ISSUE RN APPROVEO 021 COLORADO RIVER AQUEDUCT
120 VAC
INPUT
CABLE A CABLE B
1-4/C #8 (W/GND) 1-3/C #8 (W/GND)
R2BUILD
CABLE C
ARMORED CAT6A
PROJECT NO.
203 1 30822 UPDATED INFORMATION FROM POINT UST VE MILE 12 MONITORING STATION UPGRADE 23441 S Pointe Dr /1280, Laguna Hills, CA 92653 240522 FU PLC AND TB INFORMATION DELETED VE DRAWN BY:
SHEET .fJ.3.. OF IS BUILT SM TEL. 818-856-0326
CHECKED BY: ELECTRICAL ROOM apOconsultcc.com
SCALE: UPS SYSTEM DRAWING No. : DWG_L00P02 14
NONE
V.ESPINOZA
S. MUDALIYAR
50UP1
DIST. PANEL
120 VAC, CB ,
ELECTRICAL ROOM
50BS-155
SMOKE DETECTOR CABLE E
50UP1 -CB11 /50BS-155-L (BLK)
50UP1-N11/50BS-155-N (WHD
50UP1-G11/50BS-155-G (GRN)
50BS-155-NO/GEN016-TBA-1 (RD)
50BS-155-C/GEN016-TBA-2 (BLK)
GEN016 RTU-TC GEN016 RTU
TB-A
SCADA
GEN016H_50BA155
ROOM SMOKE
DETECTOR ALARM
20A. CABLE A SHLD
ACP
DOOR ALARM
50ZA-149A
50UP1
DIST. PANEL
}
SMOKE DETECTOR
TO:DWG_LOOP11
TO:DWG_LOOP12
50ZA-149A-+ /50ZS-149-NO (RD)
50ZA-149A--/50ZS-149-C (BLK)
CABLED
50LSH-160
LEVEL SWITCH CABLE E
50LSH-160-NO/GEN016-TBA-69 (RD)
50LSH-160-C/GEN016-TBA-70 (BLK)
5VDC
+ 50LSH-160-+ /GEN016-PS3-+ (RD)
50LSH-160--/GEN016-PS3-- (BLK)
50ZS-149
DOOR ALARM
5OLS16OCB 1-2/C#18 SHLD
CABLE E
50ZS-149-NO/GEN016-TBA-3 (WHT)
50ZS-149-C/GEN016-TBA-4 (BLK)
SHLD 80 I
DC I
POWER I
SHLD SUPPLY I
3 I
TB-A I
18 SHLD
------ 7
I
I
50UP1 -CB7 GEN016-RTU-L BLK L I
GENO 1 6H_50LAH 1 60
MOISTURE/FLOOD HIGH
ALARM
GEN016H_50ZA149B
DOOR ALARM
50UP1-N7/GEN016-RTU-N (WHT) 120 VACI
~5-0U_P_1--G-7~/-G-EN-0-16---R-TU---G~(G_R__,N)~~------------------------- ~ IN p UT I 120 VAC, CB7,
20A.
5OUP1O7PA I - I I
1-3/C #12 (W/GND) _ ___.
REFERENCE TABLE MORE DETAIL ON
176OA CONSOLIDATED DRAWING
SHEET E-11
DRAWING 8-172698
NO. DATE REVISIONS
FIRST ISSUE
INFORMATION UPDATED
FU PLC AND TB INFORMATION DELETED
IS BUILT
DESCRIPTION
SMOKE DETECTOR
LEVEL SWITCH
DOOR ALARM
K.
RN APPROVED
VE
VE DRAWN BY:
SM
CHECKED BY:
SCALE:
NOt£
RTU CABLE A CABLE D CABLE E
TAG NO. POINT RTU INDENTIFICATION 1-3/C#12 (W/GND) 1-3/C#14 SHLD (1 SP) 1-3/C#14 SHLD (1 SP) 5OBS-155 GENO16H_5OBA155 GENO16 5OUP111PA
-------
5OBA155CA
----- -----5OLSH-16O GENO16
-------
5OLS16OCA 5GENO16H_5OLAH16O
~
----- ------ ----- -----5OZS-149 GEN 16H_5OZA 1498 GENO16 ---------
5OZS149CA 5OZS149CB
~
------ R2BUILD
PROJECT NO. 021 COLORADO RIVER AQUEDUCT
203 MILE 12 MONITORING STATION UPGRADE 23441 S Pointe Dr /1280, Laguna Hills, CA 92653 TEL. 818-856-0326 SHEET fl4 OF
ELECTRICAL ROOM apOconsultcc.com
SMOKE DET, LEVEL SW, DOOR ALM DRAWING No. : DWG_L00P03 14 V.ESPINOZA
S. MUDALIYAR
5OUP1
DIST. PANEL
ELECTRICAL ROOM
5OAIT-139
CHLORINE ANALYZER
- 50UP1-CB4/50AIT-139-H (BLK) ,,.... ,--H
e
CNB4~~---~---~~-r-t-_.--N
50UP1 -N4/50AIT-139-N (WHT)
50UP1 -G4/50AIT-139-G (GRN) G G4~---'-----~-'--+~-
GENO16 RTU-TC GENO16 RTU
CABLE C TB-C 120 VAC, CB4
20A.
CHLORINE ANALYZER
ELEMENT 5OAE-139
CABLE A
CABLE
1 50AIT' 1 ~----'-------~~-,--i-·+---+t----1 1 O ---- ., -50A'l-.1 - ,,,,--....._ ,-- 50AIT-139-1/GEN016-TBC-10 (WHT) ~ 53 AN I - ~ 2 _s_O_AI_T -_1_3_9_-~2/~G_E_N_0_16_-_T_B_C-_11~(B_L_K~) ~---,- 11--------1 5 ---- c □~ 1~ ~ ~"--------------~
5OTIT-153
TEMP INDICATION TRANSMITTER CABLE C
5OUP1
DIST. PANEL
Q + 50TIT-153-+/GEN016-TBC-1 (WHT)
Q-=- 50TIT-153--/GEN016-TBC-2 (BLK)
1------,r-~I- -- 1--------11 ----- A I\ ,5QTI,I
--1 I __ 2 I 3 ------Cl I~ 1~
- I L 3 I
I SHLD '- I 50UP115PA 1-3/C#12 (W/GND)
) I - I - 50UP1-CB15/GEN016-PS1 -L (BLK H
e G
~~1,55
5 '~~5:0:UP~1=-~N:15~/:G:EN:o:1:6-~P~s:1~-~N~(:w:HT:)~===================================::::1 =======: GN Q II ~~w~~c SUPPLY 1 50UP1-G15/GEN016-PS1-G (GRN) I V
120 VAC, CB15
20A. CB16 50UP1-CB16/GEN016-PS2-L (BLK)
120 VAC, CB16
20A.
N16 50UP1-N16/GEN016-PS2-N (WHT)
G16 50UP1-G16/GEN016-PS2-G (GRN)
-
VI ~ I
r, I - I
! i8 I
POWER SUPPLY 2
24 VDC
V : - I
50UP116PA 1-3/C#12 (W/GND) j I I
REFERENCE TABLE 1 MORE DETAIL
ON 1760A CONSOLIDATED DRAWING
SHEET E-11
DRAWING 8-172698
DESCRIPTION
CHLORINE ANALYZER
TEMPERATURE INDICATOR
TRANSMITTER
I I
TAG NO.
RTU
POINT
INDENTIFICATION
50AIT -139 GENO 16H_50AI 139
RTU
GEN016
50TIT -153 GENO 1 6H_50T1 53 GENO 16
CABLE A
1-3/C#12 (W/GND)
50UP104PA
------..,,_,_--
i:,:::NOc:i-. -=Dli=JE:....+--__ ____:,R=EVl=SIO=NS::...,__ __ -+~=K.;::.;.iB1 .....,04 1,.._,r/2"""'7/:-=2, ___ ~F1RST~1s=su=E------1~~ ......... NAPPROVEO _____ ?Q21 COLORADO RIVER AQUEDUCT I
I
I
I
I
I
SCADA
GEN016H_50AI 139
I V5oAN CHLORINE ANALYZER
-
1 ~ (0-10)PPM
4-20mA
I EXTERNALLY POWERED
I
I
I
I
I
GEN016H_50T153
I V5oTN TEMPERATURE INDICATION
1 ~ (0-120) F
I 4-20mA
I LOOP POWERED
I
I
I
I
I
I
I
I
I
CABLE B
VENDOR FURNISHED
CABLE
50AT139IA
---------
R2BUILD
CABLE C
1-2/C#1 B SHLD
50AT139I8
50TT153IA
PROJECT NO.
t-::1:-r.3:';:,109::':11=:22t-u":::PDA:"':JE0~1N=FO"=RMA:"':J1:=0N::::FRO=:M ::-':PO:::INT-;:::;u::=-sr--t-:'::VE;-1...,, ........ ....,,....-------1 MILE 12 MONITORING STATION UPGRADE 2 4/05/22 FU PLC AND TB INFORMATION DELETED VE DRAWN BY:
3 5/15/23 IS BUILT SM
CHECKED BY: ELECTRICAL ROOM
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
203
SHEET .fJ.5_ OF
SCALE:
NOt£ CHLORINE ANALYZER & TEMP TX DRAWING No. : DWG_L00P04 14 V.ESPINOZA
S. MUDALIYAR
5OUP1
DIST. PANEL
GENERATOR ROOM
5OLCP-135
PROPANE TRANSFER VALVE
CABLE A
50UP1-CB1 /50LCP-135-L (BLK)
50UP1-N1 /50LCP-135-N (WHT) ----~-----~~--+--+- N
SOUP 1 -G 1 /50LCP-1 35-G ( GRN) ---~---~-~-- G
120 VAC, CB1
20A.
5OSV-135
VALVE
CABLED
6 50LCP-135-6/GEN016-TBA-71 (RD)
CABLE C
50SV-135-L/50LCP-135-3 (RD)
50SV-135-N/50LCP-135-N1 (RD)
50LCP-135-7/GEN016-TBA-73 (RD)
SOLCP-135-8/GENO 16-TBA- 7 4 (BLK)
50SV-135-G/50LCP-135-G (GRN)
5OLCP-136
GENERATOR CONTROL PNL CABLE B
50LCP-136-40/50LCP-135-1 (RD) -----~-----~~--- 1
50LCP-1 36-41 /SOLCP-135-2 (RD) ----~---~~---2
50LCP-136-42/50LCP-135-5 (RD) ----~---~~---5
50LCP-136-43/50LCP-135-CB4 (RD)
SOLCP-136-10 /SOLCP-135-9 (RD) -----~-----~~---9
50LCP-136-FU3/50LCP-135-10 (RD) _ 1 0
50LCP-136-G/50LCP-135-G (RD) ----~---~~---G
CABLE E
REFERENCE TABLE FOR CABLE A-D
MORE DETAIL ON 1760A
CONSOLIDATED DRAWING
OPEN CMD FROM:
50LCP-136
CLOSE CMD FROM:
50LCP-136
OPEN STATUS
50LCP-135
DESCRIPTION
SHEET E-8
DRAWING 8-172695 FROM PANEL 50UP-1 TO PROPANE TRANSFER
VALVE CONTROL PNL
FROM GENERATOR CONTROL PANEL TO
PROPANE TRANSFER VALVE CONTROL PNL
FROM PROPANE TRANSFER VALVE CONTROL PNL
TO SOLENOID VALVE
FROM PROPANE TRANSFER VALVE CONTROL PNL
TO RTU-TC
FROM GENERATOR CONTROL PANEL TO
PROPANE TRANSFER VALVE CONTROL PNL
TAG NO.
50UP-1
5OLCP-136
5OLCP-135
5OLCP-135
5OLCP-136
REVISIONS K.
RTU
POINT
INDENTIFICATION
GENO16 RTU-TC
TB-A
71---~-
SHLD
GENO16 RTU SCADA
~~~11-------~O;;Y-::,-iA GEN016H_50YA135D_OPEN
1t3s9,1 VALVE OPEN STATUS
I
I ~ GEN016H_50YA135D_CLOSE
, 1t3s9,1 CLOSE STATUS
CABLE A CABLE B CABLE C CABLED CABLE E
RTU
50LCP-135
50LCP-135
50SV-135
GENO16
50LCP-135
1-3/C#12 (W/GND) 1-5/C#14 (1 SP) 1-3/C#14 {1 SP) 1- 5/(~#1~) SHLD 1-3/C#14 SHLD (1 SP)
FIRST ISSUE RN APPROVED ____ ~,02l
-~-=-+----=~~---=-, COLORADO RIVER AQUEDUCT R2BUILD
PROJECT NO.
203 UPDATED INFORMATION FROM POINT UST VE
SM
CHECKED BY:
SCALE:
NOt£
MILE 12 MONITORING STATION UPGRADE
GENERATOR ROOM
PROPANE TRANSFER VALVE 50LCP-135
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG_L00P05
SHEET .fJ1i OF
14 V.ESPINOZA
S. MUDALIYAR
I I I
GENERATOR ROOM I GEN016 RTU-TC I GEN016 RTU I SCADA
I I I
I I I
50LCP-165 I I I PROPANE TRANSFER VALVE 50UP1 I I I DIST. PANEL CABLE A I I I - SOUP 1-CB9 /50LCP-1 65-L (BLK) -
I
e
CB: - L I I 1---
50UP1-N9/50LCP-165-N (WHT) -N9 - N I I I - 50UP1-G9/50LCP-165-G (GRN) -G9 - G I I I 120 VAC, CB9,- '-' ,..__
20. ,..__ CABLED I TB-A I I
- 6 50LCP-165-6/GEN016-TBA-61 (WHT) I
,...
- I -
I~ GEN016H_50YA165D_OPEN 50SV-165 61 98 ----- n9N 36~1 I I CABLE C - - - I - 1..:9iv l~qD~ I 1l659,I VALVE OPEN STATUS VALVE I 62 103 ----- I
L 50SV-165-L/50LCP-165-3 (RD) - -
>-- '--
- 3
G I I I 50LCP-1 65- 7 /GENO 16-TBA-63 (WHT) -
~:===~13~~~ @N 50SV-165-N/50LCP-165-N1 (RD) - 63 ~ ~ GEN016H_50YA165D_CLOSE - N 1 7 I I G 50SV-165-G/50LCP-165-G (GRN) - ~ - 50LCP-1 65-8/GENO 16-TBA-64 (BLK) >--
d,,,659,1 CLOSE STATUS G 8 I
5,1
I I '--
- - '-- L.._ -
'--,..__
77 50LCP-136 - - I SHLD ~ I I
GENERATOR CONTROL PNL CABLE B ,..__ -
I I I - 50LCP-136-44/50LCP-165-1 (RD) - I I I 44 1 OPEN CMD FROM:
1---
50LCP-136-45/50LCP-165-2 (RD) ,..__ 50LCP-136
I 45 2 I I 1---
50LCP-136-46/50LCP-165-5 (RD) -46 5 CLOSE CMD FROM:
I I I
@
1---
SOLCP-136-47 /50LCP-165-CB4 (RD) - 50LCP-136
47 - .... CBL
I I I
1--- '-- -6
1---
SOLCP-136-11 /50LCP-165-9 (RD) r-
- I I I 1 1 9 OPEN STATUS
1---
50LCP-136-FU3/50LCP-165-10 (RD) - 50LCP-165
I I I FU3 10 - 50LCP-136-G/50LCP-165-G (GRN) - I I I G G - ,..__
CABLE E I I I
I I
RTU CABLE A CABLE B CABLE C CABLED CABLE E
REFERENCE TABLE MORE DETAIL ON DESCRIPTION TAG NO. POINT RTU SP) 1-5/C#14 SHLD 1-37C7/14 SHLD 176OA CONSOLIDATED DRAWING INDENTIFICATION 1-3/C#12 (W/GND) 1-5/C#14 (1 SP) 1-3/C#14 (1 (2 SP) (1 SP) SHEET E-8 --------- =:><
DRAWING 8-172695 FROM PANEL 50UP-1 TO PROPANE TRANSFER 5OUP-1 5OLCP-165 5OUP109PA ~ ~ VALVE CONTROL PNL - ---- ----FROM GENERATOR CONTROL PANEL TO
----------- -------- __><_ 5OLCP-136 5OLCP-165 5OSV165CA ~ PROPANE TRANSFER VALVE CONTROL PNL - ---- ------ ---- -----FROM PROPANE TRANSFER VALVE CONTROL PNL -------- ~ 5OSV-165 ~ 5OSV165CB -5OLCP-165 -
---- ----
TO SOLENOID VALVE
---- ------FROM PROPANE TRANSFER VALVE CONTROL PNL
>< ><
5OSV165CC
><
5OLCP-165 - GENO16 ~ TO RTU TC
FROM GENERATOR CONTROL PANEL TO PROPANE
----------- ><__ ---- 50SV165CD 5OLCP-136 - 5OLCP-165 ~ ~ TRANSFER VALVE CONTROL PNL ---NO. DATE REVISIONS CK.B1
"021 R2BUILD
PROJECT NO. APPROVED COLORADO RIVER AQUEDUCT
203
0 7/27/21 FIRST ISSUE RN
1 3109122 UPDATED INFORMATION FROM POINT UST VE MILE 12 MONITORING STATION UPGRADE 23441 S Pointe Dr /1280, Laguna Hills, CA 92653 2 4/05/22 FU PLC AND TB INFORMATION DELETED VE DRAWN BY:
TEL. 818-856-0326 SHEET fl2oF :'I 111/111/?~ AC, DIIIIT c:u CHECKED BY: GENERATOR ROOM apOconsultcc.com
SCALE: PROPANE TRANSFER VALVE 50LCP-165 DRAWING No. : DWG_L00P06 14 NOt£
V.ESPINOZA
S. MUDALIYAR
GENERATOR ROOM GEN016 RTU-TC
50LCP-136
GENERATOR CONTROL PNL CABLE G TB-A
INVERTER 50INV167I8 1-4/C#14 (1 SP)
LOW BATTERY
~5:...:0 __ IN __ V_-_1 6 __ 7_-_7.£../_50_L_C_P_-13_6_-_6_7_(a_R~D)~_11_ 6 7 ~5:...:0 __ IN __ V_-_1 6_7_-_8.£../_50_L_C_P_-_13_6_-_6_8_(a_R~D )~_T.-_ 6 8 g~5~0~1N~V_-~1~67 __ -~9L/~50~L~C_P_-_13_6_-_6_0_(~R_D).___11_60 1 Q 501NV-167-10/50LCP-136-61 (RD) _ 61
GENERATOR RUNNING
GENERATOR
CONTROL MODULE 50PG136IA 1-10/C#14 (1SP)
COMMON WARNING ALARM
5 50PGP-136-5/50LCP-136-0 (RD)
COMMON SHUTDOWN ALARM
6 50PGP-136-6/50LCP-136-1 (RD)
LOW OIL LEVEL
14 50PGP-136-14/50LCP-136-2 (RD)
HIGH OIL TEMPERATURE
50PGP-136-15/50LCP-136-3 (RD)
GENERATOR RUNNING
3 ~5:...:0 __ PG~P_-_1_3_6_-~4/_5_0_LC_P_-_1_3_6-_4~(_RD~) __ 11_4 ~5:...:0_P~GP_-_1_3_6_-_,0/'-5_0_LC_P_-_1_3_6-_FU_3~(R_D~)_T.-_FU3 13 50PGP-136-13/50LCP-136-55 (RD)
1 SOPGP-136-1 /SOLCP-136-56 (RD)
ES+ SOPGP-136-ES+ /SOLCP-136-62 (RD)
ES- 50PGP-136-ES-/50LCP-136-63 (RD)
50LCP-136-69/GEN016-TBA-41 (RD)
50LCP-136-31/GEN016-TBA-43 (RD)
33 50LCP-136-33/GEN016-TBA-45 (RD)
32 50LCP-136-35/GEN016-TBA-47 (RD)
50LCP-136-39/GEN016-TBA-49 (RD)
50LCP-136-29/GEN016-TBA-51 (RD)
37 SOLCP-136-37 /GEN016-TBA-53 (RD)
36 50 50LCP-136-50/GEN016-TBA-55 (RD)
51 SOLCP-136-51 /GENO 1 6-TBA-56 (BLK)
START/STOP SHLD
COMMAND
E-STOP
REFERENCE TABLE MORE DETAIL ON DESCRIPTION
1760A CONSOLIDATED DRAWING
SHEET E-9
DRAWING 8-1 72696 FROM GENERATOR 50LCP-136 TO RTU-TC
GEN016 RTU SCADA
TAG NO.
J~ I ,l.36!?,
I
-~ -1~
I
J~ I ,l.36!?,
I
~~
~
I
,I~
~
I
J~ I ,l.365,
I
J~ I~
I
I
I
I
RTU
POINT
INDENTIFICATION
GEN016H_50TAH136B
PLC ENCLOSURE
TEMPERATURE HIGH ALARM
GEN016H_50YL136A
GENERATOR RUNNING
GENO 1 6H_50YA 136B
COMMON SHUTDOWN
GEN016H_50TAH136
HIGH OIL TEMPERATURE
GENO 16H_50YA 136
LOW OIL LEVEL
GENO 1 6H_50YA 136C
COMMON WARNING
GENO 1 6H_50YL 136D
REMOTE START
ON LOAD
GENO 1 6H_50YL 1 36E
PLC SYSTEM HEALTHY
CABLE G
RTU 1-12 C 14 SHLD
(5 SP)
50LCP-136 GEN016 50PG136CB
R2BUILD
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
PROJECT NO.
203
SHEET .fJ.8. OF
sCALE:NOt£ GENERATOR CONTROL PANEL SOLCP-136 DRAWING No. : DWG_LOOP07 14 V.ESPINOZA
S. MUDALIYAR
GENERATOR ROOM
50UP1
DIST. PANEL
S0LCP-136
GENERATOR CONTROL PNL CABLE C
120 VAC, CB10
20A.
CABLE A
50UP1 -CB10/50LCP-136-L (BLK) ---~----~~---- L
50UP1-N10/50LCP-136-N (WHT) '~---~-----~-~-~-- N
50UP1-G10/50LCP-136-G (GRN)
64 50LCP-136-64/GEN016-TBB-1 (WHT)
66 50LCP-136-66/GEN016-TBB-2 (BLK)
65 50LCP-136-65/GEN016-TBB-3 (WHT)
CABLED
50LCP-136-6/GEN016-TBB-5 (RD)
50LCP-136-FU3/GEN016-TBB-6 (RD)
CABLE I
l 50LCP-136- 7 /GENO 16-TBB- 7 (RD)
FU3 50LCP-136-FU3/GEN016-TBB-8 (RD)
50UP1
DIST. PANEL
BATTERY CHARGE
CONTROLLER
50UP1 -CB12/50LCP-136-L (BLK)
50UP1-N12/50LCP-136-N (WHT)
50UP1-G12/50LCP-136-G (GRN)
120 VAC, CB12, 50UP112PA 1-3/C#12 (W/GND)
20A.
REFERENCE TABLE MORE DETAIL ON
176OA CONSOLIDATED DRAWING
SHEET E-9
DRAWING 8-172696
DESCRIPTION
FROM PANEL 5OUP1 TO GENERATOR LCP
FROM GENERATOR TO RTU-TC
FROM GENERATOR FUEL LEVEL SOLl-132 TO
RTU-TC
FROM RTU SOLAL-132 TO RTU-TC
REVISIONS K.
TAG NO.
5OUP-1
SOLCP-136
SOLIT-132
SOLAL-132
GEN016 RTU-TC GEN016 RTU
TB-B
~ -~- C ===~~~~~s~
===~~~~~s~
==j§~~
RTU CABLE A CABLE C
POINT
J..~ I~
-1-~
~
I
I~
r~
I
I
+~ ~
I
I
I
I
I
I
I
I
I
I
I
SCADA
GEN016H_50HS136_START
START COMMAND
GEN016H_50HS136_STOP
STOP COMMAND
5GEN016H_50LAL-131
LOW LEVEL ALARM
5GEN016H_50LAL-132
LOW LEVEL ALARM
CABLED CABLE I
RTU INDENTIFICATION 1-3/C#12 (W/GND) 1-5/C#14 (2SP) 1-5/C#14 (1SP) 1-5/C#14 (1 SP) SOLCP-136
GENO16
GENO16H_5OLl132 GENO16
5GENO16H_5OLAL-132 GENO16
FIRST ISSUE RN APPROVED ____ ~,02l
-~-=-+----=~~---=-, COLORADO RIVER AQUEDUCT R2BUILD
PROJECT NO.
203 UPDATED INFORMATION FROM POINT UST VE
SM
CHECKED BY:
SCALE:
NOt£
MILE 12 MONITORING STATION UPGRADE
GENERATOR ROOM
GENERATOR CONTROL PANEL 50LCP-136
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG_L00P08
SHEET JJ1J. OF
14 V.ESPINOZA
S. MUDALIYAR
ACP
DOOR ALARM
5OZA-151A
GENERATOR ROOM GENO16 RTU-TC GENO16 RTU
5OTIT-155
TEMP INDICATION TRANSMITTER TB-C
50ZA-151A-+/50ZS-151-NO (RD)
50ZA-151A--/50ZS-151-C (BLK)
CABLED
~-----'---------'--~-------++-- 29-----+---< --- ~ 50TIT-155-2/GEN016-TBC-29 (WHT) 37 HAN ~5_0_TIT_-_1_5_5_-_,3/_G_E_N_O 1_6_-_T_BC_-_3_0__,_(B_L-"K)"-----~----+-+--- 30 39 --- C \5? 5OZS-151
DOOR ALARM
CABLE C
CABLE E
50ZS-151-NO/GEN016-TBA-33 (WHT)
50ZS-151-C/GEN016-TBA-34 (BLK)
31 SHLD
TB-A
37 SHLD
SCADA
GENO 16H_50TI 155
V5oi:N TEMPERATURE INDICATIO
_, ~ (0-120) F
4-20mA
LOOP POWERED
GEN016H_50ZA151B
DOOR ALARM
FROM:DWG_LOOP03
50UP1, CB11
5OBS-157
SMOKE DETECTOR CABLE E
50UP1 -CB11 /50BS-157-L (BLK)
50UP1 -N11 /50BS-157-N (WHT)
50UP1-G11/50BS-157-G (GRN)
50BS-157-NO/GEN016-TBA-15 (RD)
50BS-157-C/GEN016-TBA-16 (BLK)
CABLE A
RTU
DESCRIPTION TAG NO. POINT RTU INDENTIFICATION
REFERENCE TABLE 1 MORE DETAIL
ON 1760A CONSOLIDATED DRAWING PROPANE GAS ANALYZER 50AIT-146 GEN016H_50A146 GEN016 SHEET E-11
DRAWING 8-172698 TEMPERATURE INDICATOR TRANSMITTER 50TIT-155 GENO 16H_50TI 155 GEN016 REFERENCE TABLE 2 MORE DETAIL DOOR ALARM ON 1760A CONSOLIDATED DRAWING 50ZS-151 GEN016H_50ZA1518 GEN016 SHEET E-11 SMOKE DETECTOR DRAWING 8-172698 50BS-157 GEN016H_50BA157 GEN016 SCALE:
NOt£
SHLD
CABLE A CABLE B CABLE C
1~
I
I
CABLE D
GEN016H_50BA157
SMOKE DETECTOR
ALARM
CABLE E
VENDOR FURNISHED 1-3/C#12 (W/GND) CABLE 1-2/C#18 SHLD 1-3/C#14 SHLD 50AT146I8
50BA157CA
COLORADO RIVER AQUEDUCT
MILE 12 MONITORING STATION UPGRADE
GENERATOR ROOM
50AIT-146,50TIT-155,50ZS-151 & 508S-157
R2BUILD
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG_L00P09
PROJECT NO.
203
SHEET 1..D..oF
14 V.ESPINOZA
S. MUDALIYAR
(.'.)
z
Q_
Q_
0::::
0 ~
0::::
w
z w
(.'.)
I I
GENERATOR ROOM I GENO16 RTU-TC I GENO16 RTU
5OAIT-146 I I
PROPANE ANALYZER I
ANALYZER ELEMENT - CABLE C TB-C I
Ot===================~~=l--Q ~
1 :~::~ =; ::=::;:::~; := ~:~=:: ::~;; 11 __ 3
3 3
2 I - - ~ ~-~~::..;_~~~~~----~-"-t--t---, i 7 ~---
1 SHLDL34 I
5QAIT146IE 1- 4/C# 22 SHLD ,-- --- 50AIT-146-+DC/GEN016-PS2-+ (WHT)_~,......-+--_.--r-~l __ rr i--- I ALARM Box -1 r- +DC ~ r ,. -- + C ~ --- 50AIT-146--DC/GEN016-PS2-- (BLK) "- I -- -- PS2 ~31 J ~--~ R1 - ~:~~---~----~~-t---;r---t--jr:I ~s-H7;7"L1~0 G 11 ~ _ _ 50AIT146IC 1-2/C#18
50AIT146IF 1-2/C#18 SHLD i I
- I I
I
I
I
' I
I I
I
L I r I
l I
r I
I
I I
I
I
I I
I
I
I
I I I I I
ANALYZER ELEMENT 1 :
§
l m §----' N ,s'o),\J
0 ~ _[ --~----,-.
1 ___,~----C lf'J 1_49';
50AIT146IG 1-4/C#22 SHLD 9 I
I
I I
I
I
I
5OLE-131 5OLIT -131 I I LEVEL ELEMENT FUEL LEVEL CABLE E TB-C I + , ---------+.,....-1--.--NO ~ -+ 50LIT-131-+/GEN016-TBC-19 (WHT) ~ -19~---+-----125 01 1\
r- / - - • ·-' 1-- - I - ...,____ i~·. -5'ot.1'
~--------+--1--C
5 ~i"~T -=- 50LIT-131--/GEN016-TBC-20 (BLK) -- 20 27------'Cl• 1_3,1 I
I
VENDOR -~- '--' L- I -21 FURNISHED SHLD ~ I
LT131 I
I
5OLE-132
LEVEL ELEMENT
5OLIT-132
FUEL LEVEL CABLE E
I
I
I
I
- I +
~
________ .,....--1- .-- ~ - 50LIT-132-+/GEN016-TBC-22 (WHT) ~--------+--1-- NO/50LIT' + ~---~-----~~ _ C \. 132 ,1 - 50LIT-132--/GEN016-TBC-23 (BLK) , .
VENDOR '---" ~
I
I
I
I:: ~~_..__I---!¥,:~~~~;}~,_~
L24 I FURNISHED
LT132
REFERENCE TABLE
MORE DETAIL ON 1760A
CONSOLIDATED DRAWING
SHEET E-9
I
I
DESCRIPTION
FROM GENERATOR FUEL LEVEL SOLl-131 TO
RTU TC
SHLD - I
TAG NO.
I
RTU
POINT
INDENTIFICATION
SOLIT-131 GEN016H_50Ll131
RTU
GEN016
CABLE B
VENDOR FURNISHED
CABLE
I
I
I
I
I
I
I
I
SCADA
GENO 1 6H 50AI 1 46A
V50AN PROPANE-ANALYZER
► ~ (0-25)%
INIT SETTING 20% LEL
4-20mA
INTERNALLY POWERED
GENO 1 6H 50AI 1 46B
_ V50AN PROPANE-ANALYZER
1468 (0-25)%
ts..:..:ZJ INIT SETTING 20% LEL
4-20mA
INTERNALLY POWERED
GENO 1 6H_50LI 131
I VSOLN
I~
PROPANE TANK (50-TK-131)
50Ll-131 LEVEL INDICATION
(0-XX) FT
4-20mA
I
I
I
LOOP POWERED
I GEN016H_50Ll132
~ PROPANE TANK (50-TK-132)
1 ► f'50Ll1 50Ll-132 LEVEL INDICATION
~ (0-XX) FT
I 4-20mA
I LOOP POWERED
CABLE C CABLE E
1-2/C#18 SHLD 1-2/C#18 SHLD
50LT131I8
DRAWING 8-172641 FROM GENERATOR FUEL LEVEL SOLl-132 TO
RTU TC 50LIT -132 GENO 16H_50LI 132 GEN016
~r--______ _____
-------------- -------
50LT132I8
NO. DATE REVISIONS ~K-"1 APPROVED ?021
O 7/27/21 FIRST ISSUE RN ·----- COLORADO RIVER AQUEDUCT ~1~3~,11~0,=:2~2'=,u~PDA~JE0-;:,-=:1N-FO'-"'R:;w.;:no;N;FRO=M=P0-;:1NT=.-u=sr=;VE;11------------------I MILE 12 MONITORING STATION UPGRADE ..,..2-+-"5"'-'-,/1.,,_5/2""'13 ___ ....... AS ...... B=UIL:=-J ---rs...,M DRAWN BY:
CHECKED BY: GENERATOR PIPING
SCALE:NOt£ 50LIT-131, 50LIT-132 & 50ATl-135
- ---
R2BUILD
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG_L00P10
PROJECT NO.
203
SHEEJlloF
14 V.ESPINOZA
S. MUDALIYAR
LP1
DIST. PANEL
-
L1
8 -
L2
N
G -
GENERATOR
-
L1
@
-
L2 -
N -
G -
BATTERY ROOM
5OINV-167
INVERTER
-
-
50INV167PA -1-4/C#6 -
LP1 -L 1/50INV-167-L 1 (BLK) -- L1 -
LP1-L2/5OINV-167-L2 (BLK)
t--- 7 - L2 t---
LP1 -N/5OINV-167-N (WHT)
t--- 8 - N t---
LP1 -G/5OINV-167-G (GRN)
t--- 9 - G t---
....__, 10 - -- Q -
5OPG136PA
~ 1-4/C#6
t---
t---
5OPG-136-L 1/50INV-167-L 1 (BLK)
t--- A: - L1 t---
5OPG-136-L2/5OINV-167-L2 (BLK)
t--- B - L2 t---
5OPG-136-N/5OINV-167-N (WHT) G t---
- N -5OPG-136-G/5OINV-167-G (GRN) -- G -....__,_
-
t---
t---
t---
-
----} LOW BATTERY
---- TO:DWG_LOOPO7
---- { GENERATOR RUNNING
---- FROM:DWG_LOOPO7
CABLE L
5OINV-1 67-A+ /GENO 1 6-TBD2-1 (WHT)
5OINV-1 67-8-/GENO 1 6-TBD2-2 (BLK)
50INV-167-G/GENO16-TBD2-G (SHLD)
'--'
REFERENCE TABLE MORE DETAIL ON
176OA CONSOLIDATED DRAWING
SHEET E-9
I I
I GENO16 RTU-TC
I
I
I
I
I
I
I
I
I
I
I
I
TB-D2
I ,.... - I 1
I
t---
I 2 I
y
t---
I G I
I I
SHLD -
I
DESCRIPTION
GENO16 RTU
-
A+ -----
-n u -----
-
G
-
TAG NO.
A+
B-
.iaud
167" ' I
RTU
POINT
INDENTIFICATION
I
SCADA
5OINV-167
V5ouN INVERTER
I
167 RS485
~ DATALINK
CABLE L
RTU RS485
DRAWING 8-172696 FROM INVERTER TO RTU 5OINV-167 GENO16 50INV167IA NO. DATE REVISIONS CK.Bl
0 7/27/21 FIRST ISSUE RN APPROVEQ ____ ~?,0 2l
-~-=-+----=~~--------1
1 3110122 UPDATED INFORMATION FROM POINT UST VE
l-"2'+4"""./0=5/..,.212"1--'-FU,..__,_,PLC=-=AN=-D _,...TB...,.IN....,FO=RMli=Tl=ON"-'D=ELETED='-+-VE=-1 DRAWN BY:
3 5/15/23 AS BUILT SM
CHECKED BY:
SCALE:
NONE
COLORADO RIVER AQUEDUCT
MILE 12 MONITORING STATION UPGRADE
BATTERY ROOM
INVERTER 50INV-1 67
R2BUILD
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG_LOOP11
PROJECT NO.
203
SHEET J.2.oF
14 V.ESPINOZA
S. MUDALIYAR
ANALYZER ELEMENT
BATTERY ROOM
5OAIT-164
HYDROGEN TRANSMITTER
O-----5-0A-IT_1_6_4_1D_1 ___ 4 /_C_#_2_2_S-HL-D--u
CABLE C
mA 1 50AIT -1 64-mA 1 /GENO 16-TBC-4 (WHT)
50AIT -1 64--DC/GENO 16-TBC-5 (BLK)
GENO16 RTU-TC
TB-C
GENO16 RTU SCADA
GENO 1 6H_50AI 1 64
50AI HYDROGEN ANALYZER
~~~l-----+---..~147';6;'--' ( 0-4 )%
~ INIT SETTING 1 %
4-20mA
ALARM BOX c
I
I
I
+DC J 50AIT-164-+DC/GEN016-PS1 -+ (wHT) ______ s~H....;..;:L=D--1 INTERNALLY POWERED (j_J __ ONOR1
50AIT1641E 1-2/C#1 B SHLD ~ SOTIT _ 154
50AIT146IC 1-2/C#18
50AIT-164--DC/GEN016-PS1-- (BLK)
SHLD
ACP
DOOR ALARM
5OZS-15OA
TEMP INDICATION TRANSMITTER CABLE C
5OZS-151
DOOR ALARM
50TIT-154-2/GEN016-TBC-7 (WHT)
50TIT-154-3/GEN016-TBC-8 (BLK)
CABLE E
TB-C
SHLD
TB-A
50ZS-150A-+/50ZS-150-NO (RD) ____ NO ~5_0_ZS_-_1_5_0_-_N_O~/G_E_N_0_1 _6-_T_B_A_-_1 _1 ~<~W_HT~)---+--+-+------1-1--- 11 ~---~---t 50ZS-150A-- /50ZS-150-C (BLK) _ C 50ZS-150-C/GEN016-TBA-12 (BLK) ----~----~~---------12-----
CABLED SHLD
19 GENO 1 6H_50TI 154
50TI TEMPERATURE INDICATION
b-..~=-':'-711-----+---.. .... I \:.715i=-:~;'--'I ( 0-1 20) F 4-20mA
--- 5'02)\
--- 1_59
LOOP POWERED
GEN016H_50ZA150B
DOOR ALARM
FR0M:DWG_L00P03
50UP1, CB11
5OBS-156
SMOKE DETECTOR CABLE E
50UP1 -CB11 /50BS-156-L (BLK)
50UP 1 -N 11 /50UPS-156-N (WHT)
50UP1-G11/50UPS-156-G (GRN)
50BS-156-NO/GEN016-TBA-13 (RD)
50BS-156-C/GEN016-TBA-14 (BLK)
CABLE A
RTU
SHLD
CABLE A CABLE B CABLE C CABLED
GEN016H_50BA156
SMOKE ALARM
CABLE E
DESCRIPTION TAG NO. POINT
INDENTIFICATION RTU VENDOR FURNISHED
CABLE 1-2/C#18 SHLD 1-3/C#14 SHLD
REFERENCE TABLE 1 MORE DETAIL
ON 1760A CONSOLIDATED DRAWING HYDROGEN ANALYZER TRANSMITTER SOAIT-164 GEN016H_50Al164 GEN016 50AT164I8 SHEET E-11 1---------------+----+-----~l-----l-~------:::;;;::,,+--...:::::--------:::::o--+------+~----~~ DRAWING 8-172698 TEMPERATURE INDICATOR TRANSMITTER
REFERENCE TABLE 2 MORE DETAIL
ON 1760A CONSOLIDATED DRAWING
SHEET E-11
DRAWING 8-172698
DOOR ALARM
SMOKE DETECTOR
SOTIT-154 GENO 16H_50TI 154 GEN016
SOZS-150 GEN016H_50ZA1508 GEN016
SOBS-156 GEN016H_50BA156 GEN016
REVISIONS K.
FIRST ISSUE RN APPROVED ____ ~,02l
,-......+-==+---~~~--- ...............
UPDATED INFORMATION FROM POINT UST VE
SM
CHECKED BY:
SCALE:
NOt£
50TT154IA
COLORADO RIVER AQUEDUCT
MILE 12 MONITORING STATION UPGRADE
BATTERY ROOM
50AIT-164,50TIT-154,50ZS-151 & 508S-156
50UP111PA 50BA156CA
R2BUILD
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG_LOOP12
PROJECT NO.
203
SHEET J..3..oF
14 V.ESPINOZA
S. MUDALIYAR
WATER SAMPLE PUMP
LP1
DIST. PANEL CABLE A
I
I
I
I
YARD PIPING PLAN
50LCP-142
SAMPLE PUMP
-
8B2~~_LP_1_-_C_B_2_5/~5_0_P_-_1_4_2-_L~(_BL_K~)-------+-+-~I ---------IL 0 N25 LP1-N25/5OP-142-N (WHT) I NlsoP"-
v G25 LP1-G25/5OP-142-G (GRN) I G~
~ I
I
I
CABLE C I
5OP-142-L/5OP-142-T2 (BLK) I
5OP-142-N/5OP-142- T3 (WHT) I
- -
-
,___
,___
,___
- -T2
WL'-T3
r __ 50P-142-Q/;>OP-142-G_(GRN..__)-r-r-----------+--l------1 - \___!...) -G I '--" I
CABLE B I
\
M
50P-142
WATER SAMPLING
PUMP (MFE)
5OLSL-168-C/5OP-142-CB1 (BLK) I
SOLSL-168-NO /SOP-142-1 (RD) I
IC INOI
50LSL
168
~1
I
I
I
I
I
I
I
I
REFERENCE TABLE MORE bETAIL ON
176OA CONSOLIDATED DRAWING
SHEET E-8 I
DRAWING 8-172695
- ,___
,___ ,___
,___ ,___
CB - -1
- -
DESCRIPTION
DIST. PANEL LP1 TO SAMPLE PUMP PNL
SAMPLE PUMP PNL TO LOW LEVEL SWITCH
I
I
I
I
I SAMPLE PUMP PNL TO WATER SAMPLING PUMP
I
NO. DATE REVISIONS K.Bl
GEN016 RTU-TC I I
GEN016 RTU I
I
SCADA
I I
I
I
I
I
I
I
I
I
I
I
I
RTU CABLE A CABLE B CABLE C
TAG NO. POINT RTU INDENTIFICATION 1-3/C#1O {W/GND) 1-3/C#14 (1 SP) 1-3/C#12 {W/GND) LP1 - 50P-142 5OLP125PA
5OP-142 - 50LSL-168 5OP142CA
5OP-142 - 5OP-142 50P142BA
·•· ·•· RN APPROVED ____ ___..,,Q21 i--:0:.+7:.L.:,2"-'-'7 "=214-- __ ....,_Fl=RST"'--""ISS=UE,.__ __ ..j....!.!e'--I COLORADO RIVER AQUEDUCT R2BUILD PROJECT NO.
203 1 3/10/22 UPDATED INFORMATION FROM POINT UST VE
2 4/24/23 AS BUILT VE DRAWN BY:
CHECKED BY:
SCALE:
NONE
MILE 12 MONITORING STATION UPGRADE
YARD PIPING PLAN
SAMPLE PUMP 5OLCP 142
23441 S Pointe Dr /1280, Laguna Hills, CA 92653
TEL. 818-856-0326
apOconsultcc.com
DRAWING No. : DWG LOOP13
SHEET lioF
14
SECTION 2 -CONTRACTOR'S PROPOSAL
CONTRACTOR'S NAME: LEED Electric Inc. ______ _._ ________________ _
THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92840
SUBJECT PROJECT:
Gentlemen/Ladies:
SPECIFICATION NO. 779
SCADA MASTER PLAN IMPLEMENTATION
TRASK & WESTHAVEN RESERVOIR/BPS
SCADA IMPROVEMENTS PROJECT
PROJECT NO. CP1268010 --DRAWING NO. W-627
The undersigned, having carefully examined the Plans and Specifications for the above subject project and having personally visited the site of the work and been made familiar with the conditions, HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and do all the work required to complete the said work in accordance with the said Plans and Specifications for the unit prices named in the following bid proposal. Furthermore, the following bid items include removal and replacement of Concrete and/or AC pavement, markers, and striping.
TOTAL BID PROPOSAL
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 1 8 % Clearing, Grubbing, Mobilization / Demobilization. $ 76,750 $ 76,750
Per Percentage
2 1 LS Trask Reservoir/BPS: Demolition and modifications to existing control panel (PLC-TSK) as indicated on the
Drawings.
$ 187!000 $ 187,000
Per Lum~ Sum
3 1 LS Trask Reservoir/BPS: Route new conduit(s),
conductors, junction boxes as indicated on the
Drawings.
$ 60,600$ 60,600
Per Lum Sum
4 1 LS Trask Reservoir/BPS: Demolition and replacement of existing chemical dosing skid as indicated on the
Drawings.
$ 164,000 $ 164,000
Per Lum Sum
-11 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 5 1 LS Trask Reservoir/BPS: Modify existing chemical pump starter, replace receptacle, install cord cap.
$ 1,400 $ 1 400
Per Lum Sum
6 2 EA Trask Reservoir/BPS: Demolition and replacement of solenoid controls on North and South Altitude Valves
(two solenoids per altitude valve) as indicated on the
Drawings.
$ 2,950 $ 5,900
Per Each
7 1 LS Trask Reservoir/BPS: Demolition and replacement of Station Flowmeter as indicated on the Drawings.
$ 54,700 $ 54,700
Per Lum~ Sum
8 2 EA Trask Reservoir/BPS: Demolition and replacement of existing MurCal control panel as indicated on the
Drawings.
$ 69,000 $ 138,000
Per Each
9 900 LF Trask Reservoir/BPS: Route new single-mode, fiber optic cable from PLC-TSK (located at Trask pump
station) to RIO-W20 (located at Well 20 Building) as
indicated on the Drawings.
$ 25.5 $ 15,300
Per Linear Foot
10 1 LS Trask Reservoir/BPS: Install and connect new Remote 1/0 (RIO) enclosure (RIO-W20) at the Well 20 Building
as indicated on the Drawings.
$ 51,500 $ 51,500
Per Lum Sum
11 1 LS Trask Reservoir/BPS: Site Acceptance Test, Loop Check, and Commissioning Support
$ 50,700 $ 50,700
Per Lum~ Sum
12 1 LS Westhaven Reservoir/BPS: Demolition and
modifications to existing control panel (RIO-WH) as
indicated on the Drawings.
$ 145,000$ 145,000
Per Lum Sum
-12 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 13 1 LS Westhaven Reservoir/BPS: Route new conduit(s),
conductors, junction boxes as indicated on the Drawings. $ 84,900 $ 84,900
Per Lump Sum
14 1 LS Westhaven Reservoir/BPS: Demolition and
replacement of existing chemical dosing skid as
indicated on the Drawings.
$ 172,100 $ 172,100
Per Lum Sum
15 1 LS Sawcut and patch asphalt.
$ 9,700 $ 9,700
Per Lum Sum
16 LS Westhaven Reservoir/BPS: Modify existing chemical pump starter, replace receptacle, install cord cap.
$ 20,600 $ 20,600
Per Lum Sum
17 1 EA Westhaven Reservoir/BPS: Demolition and
replacement of solenoid controls on the Altitude Valve
(two solenoids per altitude valve) as indicated on the
Drawings.
$ 6,500 $ 6,500
Per Each
18 4 EA Westhaven Reservoir/BPS: Installation of new intrusion switches for tank vents and tank access hatches as
indicated on the Drawings.
$ 4,650 $ 18,600
Per Each
19 1 LS Westhaven Reservoir/BPS: Trench and install new duct bank with 3x 1-1/2" conduits between the Pump
Room and the Sodium Hypochlorite Room as indicated
on the Drawings.
$ 21,000 $ 21,000
Per Lum Sum
20 1 LS Westhaven Reservoir/BPS: Demolish existing OPL
panel (RP-WH) and retrofit with relay controls as
indicated on the Drawings.
$ 46,450 $ 46,250
Per Lum Sum
-13 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Unit Item
Item Quantity Item With Unit Price Written In Words * Price Total 21 1 EA Westhaven Reservoir/BPS: Retrofit existing PFAS PLC panel (CP-0021) as indicated on the Drawings.
$ 7!000 $ 7!000
Per Each
22 1 EA Westhaven Reservoir/BPS: Demolish existing Station Pressure Transmitter as indicated on the Drawings.
$ 2,400 $ 2,400
Per Each
23 1 EA Westhaven Reservoir/BPS: Install new Pressure
Transmitter enclosure (PIT-WH) as indicated on the
Drawings.
$ 17,400 $ 17,400
Per Each
24 1 EA Westhaven Reservoir/BPS: Install new chlorine
analyzer in the Pump Room as indicated on the
Drawings.
$ 2,800 $ 2,800
Per Each
25 1 LS Westhaven Reservoir/BPS: Site Acceptance Test,
Loop Check, and Commissioning Support
$ 40,000 $ 40,000
Per Lum Sum
26 1 LS Allowance to Accommodate Unknown Underground
Obstructions, as Directed by City and Only If Required. $ 55,000 $ 55,000
Per Lum Sum
* Each Bid Item includes: Furnishing all labor, equipment and materials TOTAL BID PROPOSAL: $ 1,455,100.00
TOTAL BID PROPOSAL WRITTEN IN WORDS:One Million, Four Hundred fifty-five Thousand, One Hundred Dollars and Zero Centers.
The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City of Garden Grove does not expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Engineer. -14 -
SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
NOTE: The contract will be awarded to the lowest responsible bidder, based on the amount shown under TOTAL BID PROPOSAL. IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
It is understood and agreed that:
(a) Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in the Department of Transportation publication entitled General Prevailing Wage Rates, which is a part of the contract shall be posted by the CONTRACTOR at a prominent place at the site of the work.
If there is a difference in the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of Industrial Relations, for similar classifications of labor, the CONTRACTOR and its SUBCONTRACTORs shall pay not less than the highest wage rate.
(b) No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal.
(c) CITY will not be responsible for any errors or omissions on the part of the undersigned in making up their bid, nor will bidders be released because of errors. (d) The undersigned is licensed in accordance with the laws of the State of California. (e) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid; or any other person, firm or corporation to refrain from bidding, that the undersigned has not in any manner sought, by collusion, to secure for itself an advantage over any other bidder and that the unit prices proposed herein shall remain fully in effect for 180 calendar days from bid opening.
I declare under penalty of perjury that all statements or representations made herein are true and correct.
DATE: 5/31/2023
7/31/2023
Expiration Date
LEED Electric, Inc.
AUTHORIZED SIGNATURE
Corporation
TYPE OF ORGANIZATION: INDIVIDUAL,
PARTNERSHIP OR CORPORATION
13138 Arctic Circle, Santa Fe Springs CA 90670
ADDRESS
(562) 270-9500 (562) 863-5723
TELEPHONE FAX
379096
STATE OF CALIFORNIA LICENSE NUMBER
-15 -
SECTION 3 -DESIGNATION OF SUBCONTRACTORS/REFERENCES
1. The undersigned certifies that the sub-bids of the following listed SUBCONTRACTORs have been used in making up this bid, and that the SUBCONTRACTORs listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications.
Bidder's Name LEED Electric, Inc.
LIST OF PROPOSED SUBCONTRACTORS
Each bidder is to set forth below the name and business address of each SUBCONTRACTOR with whom the bidder intends to enter into subcontracts for the performance of any work in excess of one-half of one percent of the bidder's total bid, and the portion of the work to be performed by each SUBCONTRACTOR. Substitution of bidders may only be made in accordance with Section 4107 of the Government Code of the State of California.
Name of
SUBCONTRACTOR Address Phone No. Item of Work
1. 316 Engineering & 7434 Garvalia Ave. (818) 395-7989 Civil Construction, Co Inc. Rosemead, CA 91770
Amount$ 14,000.00
License Number: 986498
Exoiration Date: 09/30/2023
2. 316 Engineering & 7434 Garvalia Ave. (818) 395-7989 Mechanical Construction, Co Inc. Rosemead, CA 91770 Amount$ 13,650.00
License Number: 986498
Exoiration Date: 09/30/2023
3. Amount$
License Number:
Exoiration Date:
4. Amount$
License Number:
Exoiration Date:
5. Amount$
License Number:
Expiration Date:
-16 -
SECTION 4 -AFFIDAVIT TO ACCOMPANY PROPOSAL
USE THIS FORM WHEN BIDDER IS AN INDIVIDUAL N/A
State of California )
) ss.
County of Orange )
...,,N"""a=m"-'-"'-e.__ ____________________________ , Affiant, being first duly sworn, deposes and says:
That it is the bidder who makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.
Subscribed and sworn to before me _____________________ _ This _________ day of _______________ , 20 __ .
Signature: ______________ _
Notary Public in and for the County of ______ , State of ___ _
USE THIS FORM WHEN BIDDER IS A CORPORATION
State of California
County of Orange ) ss.
Seyed A. Jamali Dinan affiant, the ____ C_h_ie_f_E_x_e_c_u_t_iv_e_O_ff_ic_e_r ________ _ Pres., Sec., or Mgr. Ofer
of ________ L_E_E_D_E_le_c_tr_ic__.__ln_c_. ________________ _ Name of Corporation
The corporation who makes the accompanying proposal, having first been duly sworn, deposes and says: That such proposal is genuine and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.
Signature
President, Secretary or Managing Officer
Subscribed and sworn to before me
Notary Public in and for th ,.__ ____ , State of _______ _
SECTION 4-AFFIDAVIT TO ACCOMPANY PROPOSAL (Continued)
USE THIS FORM WHEN BIDDER IS A CO-PARTNERSHIP
N/A
State of California )
) ss.
County of Orange )
___________________________ , Affiant(s),
Being first duly sworn, each for itself deposes and says:
That
(Names of all Partners)
are partners, doing business under the firm name and style of ___________________ and that said co-partnership
(Name of Firm)
makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.
Subscribed and sworn to before me --------------------- This _________ day of _______________ , 20 __ .
Notary Public in and for the County of
____________ , State of _________ _
Signature: ______________________ _
-18 -
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
Subscribed and sworn to (or affirmed) before me on this 11th day of May , 20 23 , by Seved A. Jamali-Dinan
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
SECTION 4-A -PREVIOUS DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bid, ever been disqualified, removed, or otherwise prevented from bidding on; or completing a federal, state, or local government project because of a violation of law of a safety regulation?
Yes No --------
If the answer is yes, explain the circumstances in the following space.
NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire. -19 -
SECTION 4-B -QUESTIONNAIRE TO GENERAL CONTRACTORS
1. Were bid depository or registry services used in obtaining SUBCONTRACTOR bid figures in order to compute your bid?
2. 3.
4. 5.
Yes ( ) No
If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. N/A
Did you have any source of SUBCONTRACTORs' bids other than bid depositories? Yes() N~
Has any person or group threatened you with SUBCONTRACTOR boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ( ) No~
If the answer to No. 4 is "yes," please explain the following details:
(a) Date(s): N/A
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of threats:
( e) Additional comments:
(Use additional paper if necessary)
We declare under penalty of perjury that the foregoing is true and correct.
Dated this _3_1_s_t ______ day of _M_a_y ______ , 20_2_3 ___ _ LEED Electric, Inc.
Name of Co~
By~
Seyed A. Jamali Dinan
Title Chief Executive Officer
-20 -
SECTION 4-C -QUESTIONNAIRE REGARDING BIDDERS
Number of years engaged in the contracting business under present business name 44 List of last five contracts performed which show experience in work of a nature similar to that covered in this proposal. If none, so indicate.
Year Type of Work Contract Location For Whom Phone
Amt Performed Number
2018 Electrical, SCADA $2.1 Million Willmington, CA LACDPW Ad am Lee 626-458- 2019 Electrical, SCADA $765,305.00 Hermosa Beach, CA LACDPW Co dy Snider 626-45 2022 Electrical, l&C $1,495,669.00 Valencia, CA LACSD Irene Chang (562) 908 2021 Electrical, l&C $2,310,747.00 Perris, CA EMWD Dust n Wetter (951) 9~ 2018 Electrical, SCADA, I~ ~c $4,039,ooo.c 0 Carson, CA MWD ofSoCAL Joe Robles (909) REFERENCES:
Following are the names, addresses and telephone numbers of firms or agencies with which you may confirm the past performances of the company in performing work of a similar nature and scope:
Firm/Address
County of LA Department of Public Works
900 S Fremont Ave, Alhambra, CA 91803
Metropolitan Water District of So. Cali.
700 Alameda St, Los Angeles, CA 90012
Eastern Municioal Water District
2270 Trumble Rd, Perris, CA 92570
West Basin Municipal Water District
17140 Avalon Blvd, Carson, CA 90746
Metropolitan Water District of So. Cali.
700 Alameda St, Los Angeles, CA 90012
Bidder's
Name:
LEED Electric, Inc.
Type of Work
~~~~~ha~d7~;~~~~~~1i~~ ~~t\e
O
fo~cs,
SCADA and Telemetry System and
Flow Diversion.
See Below.
uuciuan.._, 1V1eu1um vo11age ,::,w1 cngear,
Control Panels, Motor Control Center,
Electrical switchgear, QTY (4) 200HP
AFV VFD's 480V PLC and hvnass svstem .
... , -· -;;, vn,....,,.;;, ,
Control Panels, DCS System, Motor
Control Center and Pumps, 4160V,
Qty (2) 600A with Main-Tie-Main Circuit Breake
,~vn v,v.,.,,,.. UJJ .,_,...,.,,,,.,..,,., wvcau:,, I 1,c;au11v1u Demo Facility with 0.SMGD Clean Water
Production. Systems installed MSR,
Chemical Feed Svstem RO Svstem Advanced
Ox1d1zat1on UV. Turn Key Electrical and
Instrumentation which included Prefabricated
Electrical Building, Service Switchboard,
Contact Person
Telephone No.
Adam Lee, P.E.
(626) 458-6185
Damien Romo
(213) 220-4096
Dustin Wetter
951-928-3777
Kevin Cullen, MSC
(310) 660-6259
Joe Robles, P.E.
(909) 392-2586
SkV Substation, MCC, VFD's, Main PLC (1,500 I/O's),
RTU, Local Control Panels, (11) Analyzer Racks,
3,0001/O's, Ammonia, PLC & SCADA, Programming,
Testing, Start-up & Commissioning
Contract
Amount
$2.1 Million
$1,161,253.00
$2,310,747.00
E $3,080,000.00
$4,039,000.00
Authorized L~ _ .-5<
Signature: / ✓ ~ ____..:=::=--Seyed A. Jamali Dinan, CEO 3185
3-6197
-4288x5817
8-3777x4322
392-2586
Date: 5/31/2023
State of California CONTRACTOR's License No. 379096 -------------------- CONTRACTOR's License Expiration Date _7_/3_1_/_2_02_3 ______________ _ Below: Constructing a new 15 feet by 50 feet
concrete waler quality instrumentation
building; installing sample piping, instrumentation,
_ 21 _ analyzers, reservoir inlet sample pumgs,
backJlow preventers, drain lines, pota le
water line, and electrical equipment; tying
into existing_ utilities. Installation of 151<VA
480V UPS System.
SECTION 4-D -CONTRACTOR'S QUESTIONNAIRE
1. 2.
3. 4.
5. 6.
List any lawsuit(s) filed against you or your firm over the past ten (10) years for breach or non-performance of contract:----'-N-'--o;;..;.n.;..;e;;..;.. _________________ _ List the results of any lawsuit(s):_N_/A _________________ _ List any claim(s) filed by SUBCONTRACTORs against you or your firm over the past ten (10) years: __ N_/A ______________________ _
List the results of each claim: N/A ......;....:"-'--'-------------------- List any disciplinary action and the ultimate disposition within the past ten (10) years taken against you or your firm by the State CONTRACTOR's License Board:_N_o_ne_. ___ _ List projects similar to the type applied for herein which you have worked on and how recently the project was performed: Dominguez Gap Barrier Telemetry Systems, Completed June 2018 West Coast Basin Barrier Telemetry System Phase 118, January 2019 Mission Village Temporary Pumping Plant and Force Main, February 2019 Pala Lift Station Electrical Equipment Upgrade, July 2021 Advanced Water Treatment Demonstration Facility, December 2019
I DECLARE UNDER PENAL TY OF PERJURY THAT THE FOREGOING IS TRUE, COMPLETE, ACCURATE AND CORRECT.
Dated: 5/31/2023
CONTRACTOR's Signature
Seyed A. Jamali Dinan, CEO
-22 -
SECTION 5 - AGREEMENT
- 25 -
SECTION 5 - CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this 27 day of June, 2023, by the CITY OF GARDEN GROVE (“CITY”), and LEED Electric, Inc, hereinafter referred to as (“CONTRACTOR”) RECITALS:
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated June 27, 2023.
2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for SCADA MASTER PLAN IMPLEMENTATION TRASK & WESTHAVEN RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT - Project No. CP1268010 -- Drawing No. W-627.
3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its SUBCONTRACTORs, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Engineer shall be final.
SECTION 5 - AGREEMENT (Continued)
- 26 -
5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materia ls necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
5.3 Project. The PROJECT is described as: SCADA MASTER PLAN IMPLEMENTATION
TRASK & WESTHAVEN RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT - Project No. CP1268010 -- Drawing No. W-627.
5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: SCADA MASTER PLAN IMPLEMENTATION TRASK & WESTHAVEN RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT - Project No.
CP1268010 -- Drawing No. W-627.
Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.
5.5 Time of Commencement and Completion. CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.
Due to long lead items require in this project, two Notices to Proceed will be issued for this contract. The first Notice to Proceed will be issued upon the contract is awarded to place order of the long lead items. Upon receipt of the Notice to Proceed, CONTRACTOR agrees to submit shop drawings for all long lead items (i.e. control panels and their components) within twenty (20) working days. The Contractor shall work closely with manufacturers to provide the delivery of the long lead items within two-hundred and forty (240) calendar days from the first Notice to Proceed excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8, and 5.9 hereof. A second Notice to Proceed will be issued for the construction of the project once the long lead items are close to / being delivered. Upon receipt of the second Notice to Proceed, the CONTRACTOR shall diligently prosecute the work to completion within one-hundred and sixty-six (166) total working days excluding
SECTION 5 - AGREEMENT (Continued)
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delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.
The Reservoir, Booster Pump Station, and all facilities associated with Trask Reservoir/BPS & Westhaven Reservoir/BPS shall maintain normal operations until the second Notice to Proceed.
Construction shall begin at Trask Reservoir/BPS and be completed within twenty three (23) working days. Once work is complete at Trask Reservoir/BPS and the site is functioning properly, construction shall begin at Westhaven Reservoir/BPS and shall be completed within thirty three (33) calendar days. Site preparation activities that do not require an interruption to the process (ie. Conduit routing, cable routing, installation of new instruments, etc.) may be executed concurrently and prior to site shutdown. However, there shall be no overlap in shutdown times between Trask Reservoir/BPS and Westhaven Reservoir/BPS.
5.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule.
CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, SUBCONTRACTORs and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other SUBCONTRACTORS, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.
CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.