Director of Public Works/City Engineer, City of Menifee, CA Planned, organized, directed and integrated the City of Menifee’s public works and engineering activities and functions; provided expert professional assistance to City management in areas of expertise, including engineering, municipal water, wastewater collection, stormwater, street and landscape maintenance; and performed related duties as required and took a leadership role in implementation of the goals and objectives of the Public Works and Jonathan Smith, PE
Senior Project Manager/Senior Construction Manager
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 29
Engineering Department. Oversaw/managed more than $6M of SB1-funded projects combined with $8M in local special sales tax funds. The projects included various street maintenance projects, including slurry seal, cape seal, Class I bike paths, Class II bike lanes, and Class IV separated bike lanes.
Designed and constructed various traffic-calming improvements on existing streets throughout the 46.6 square mile City, including:
• Conditioned 217-acre master-planned Legado development, which consisted of 1,016 single-family homes, to provide roundabouts and curve linear streets with curb bulb-outs at intersections to increase safety for all modes of travel. • Designed a solution at an intersection to eliminate rear-end collisions by utilizing a glue-down protected berm, which also avoided impacting the railroad right-of-way.
• Improved pedestrian safety by designing and constructing traffic-calming improvements that popped out curbs and installed rectangular rapid flashing beacons (RRFB) at park entrances.
• Developed unique solutions to add additional bike lanes within the existing right-of-way. One example is the Goetz Road resurfacing and restriping improvement project that utilized road dieting to eliminate a travel lane and add a two-mile bike path. Another example is the McCall Road and Newport Road Bike Lane Project, which utilized road dieting to reduce lane widths on a four-lane major road to gain enough width to construct over a mile of buffered bake lanes. This was accomplished without negatively impacting roadway capacity. • Due to various budget challenges, many schools are eliminating bus programs, which has resulted in larger traffic volumes. Jonathan utilized a traffic- calming measure called “Leading Pedestrian Interval” (LPI). This gives pedestrians the opportunity to enter an intersection three to seven seconds before vehicles are given a green indication, allowing pedestrians to better establish their presence in the crosswalk before vehicles have priority to turn left. LPI’s provided increased visibility of students crossing the street, and enhanced safety.
Other services provided to the City included:
• Calibrated with Caltrans, County of Riverside and other stakeholders to acquire funding for infrastructure projects. • Managed a successful highway improvement safety grants program that acquired over $5M in grant funding to construct various traffic safety improvement projects.
• Directed and oversaw engineering and public works staff of 32, with 15 contractors, consultants and engineering firms. • Implemented 1,000+ policies and procedures that led to the establishment of the City’s first street maintenance section of the Public Works Department. • Developed City standards, guidelines, policy and procedures for efficient entitlement processing and final engineering of land development projects. • Assisted in the delivery of various economic development projects. • Implemented a $256M CIP program, which included the Newport Road/I-215 Interchange Project ($47M) and the Scott Road/I-215 Interchange Project ($57.8M).
• Negotiated development agreements and conditions of approval with developers to create projects that met the goals of the City Council and expectations of the community.
• Implemented emergency operating procedures to manage emergencies. • Interfaced with the public and City Council regarding problems or questions about projects and infrastructure. • Maintained positive working relationships with Fish and Wildlife, Army Corps of Engineers, Caltrans and other agencies. • Reviewed and prepared long-range goals and objectives to meet City Council goals and objectives.
Various Capital Improvement Projects, City of Poway, CA Managed, planned, organized and supervised professional engineering work for a variety of Capital Improvement Projects for the City of Poway’s Development Services Department, including the design of streets and street improvements, sidewalks, sewer and storm drainage systems, water systems, parks, trails, and public facilities. Responsible for accurately tracking project expenditures, negotiating change orders, and monitoring project budgets. In addition, managed, directed, supervised and coordinated the development of cost estimates, construction specifications, bids documents and implementation plans. Also responsible for the development and management of the City’s consultants.
Staff Augmentation, Municipal Project Management, Inc., City of San Marcos, CA Project Manager for the $900K design contract to construct a $20M capital improvement project. The project included negotiating a development agreement with a developer, negotiating a purchase agreement with the San Marcos Unified School District and managing the public bidding and construction of a 750K cy grading and improvement project. Provided the City with staff augmentation, senior-level project management, plan checking and construction management services.
Regional Construction Manager, Nolte Associates, San Diego, CA Construction/Project Manager on complex capital improvement projects for Nolte Associates, now known as NV5. Responsibilities included scheduling complex capital improvement projects in logical steps and budgeted time required to meet deadlines. Determining manpower requirements and assigned inspectors/construction managers to meet project demands. Managed the inspection and reviewed projects to monitor compliance with contract plans, specifications and various state requirements, including, but not limited to, those of the Regional Water Quality Control Board. Interpreted and explained plans and contract terms to administrative staff, workers and clients, representing the owner or developer. Prepared contracts and negotiated revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors and obtained all necessary permits and approvals.
Cesar Ramirez, EE
Senior Construction Inspector
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 30
Mr. Ramirez is a Civil Engineering professional with over 25 years of construction and inspection expertise as well as budgeting, planning, inspection and staff management experience. He is versatile and very capable at providing inspection for every type of construction and has spent most of his career on projects throughout Southern California. Cesar’s experience includes numerous CIP projects including traffic signal upgrades, landscape, street and roadway rehabilitation, water and sewer lines, wells, and pressure reducing stations, and parks. His roadway experience includes rubberized asphalt, cement paving, base paving, recycled asphalt base, aggregate base, lime-treated and cement treated base, medians and intersections.
He is well versed in Caltrans, Greenbook and other regulatory standards, plus he understands the recordkeeping requirements and tasks to comply with the various state and federal funding requirements.
Cesar has provided inspection and record keeping for numerous FHWA Federally funded projects.
Various Traffic Signal Improvements, City of Culver City, CA
Experience
25 years
Education
Santo Tomas de Aquino University,
BSCE
Certifications
Water Distribution D1
Senior Construction Inspector for the $630K traffic signal rewiring projects which included traffic signal construction at Washington Boulevard and Cattaraugus Avenue and left turn modifications at Sepulveda Boulevard/Jefferson Boulevard/Playa Street. Duties included pre-construction photos, daily inspection reports, weekly statement of working days, quantity calculations, RFI’s, job site photos, as-builts, final walk through and close out.
Traffic Signal Installation at Santa Anita Avenue and McGirk Avenue, CIP 802, City of El Monte, CA Senior Construction Inspector providing technical professional services related to the $400K construction of the following: curb, ramp, and pavement updates on Ramona Boulevard and Tyler Avenue; Class II Bike Route on Santa Anita Avenue; video detection updates; traffic signal updates at various intersections; wayfinding sign installation at various intersections; bike rack installation at various intersections for the Santa Anita Active Transportation Program (ATP) Project.
Magnolia Street Rehabilitation, City of Garden Grove, CA Senior Construction Inspector for a $3.1M one-mile roadway rehabilitation project with local funding on Magnolia Street from Garden Grove Boulevard, crossing under the SR-22 Freeway to the end of the off ramps. Project features included traffic signals and ADA ramps at Magnolia and Trask intersection, coordination with Caltrans for work under SR-22 freeway, installation of 2” - 96” diameter stainless steel pipes of about 150’ for storm water retention which were connected to sump pumps near the low point at the freeway, dig outs for full section rehabilitation, used 5% cement treated base which included grinding and mixing of the old roadway asphalt, concrete medians, driveways, sidewalks and ADA ramps. Duties included pre-construction photos, daily inspection reports, weekly statement of working days, quantity calculations, RFI’s, coordination with materials testing firm, job site photos, as-builts, final walk through and close out.
Euclid Street/Garden Grove Blvd/Woodbury Avenue Rehabilitations and Palmwood Sidewalks, City of Garden Grove, CA Senior Construction Inspector for the $3.8M street rehabilitation projects throughout the City. Streets under construction were Euclid Street, from Chapman Avenue to Katella Avenue; Garden Grove Boulevard, from Brookhurst Street to Nelson Street; and Woodbury Road, west of Harbor Boulevard. To facilitate construction work, traffic on Euclid Street and Garden Grove Boulevard was reduced to one lane. The improvements consisted of the removal and construction of uplifted median curbs, gutter, sidewalk, and wheelchair ramps; traffic striping; raised pavement markers; and asphalt concrete base and surface. The work resulted in an improved roadway surface and minimize maintenance efforts. On Palmwood Drive, from Patricia Drive to Vegas Way, improvements consisted of constructing a 4’ wide sidewalk on both sides of the street. Inspection duties include DIR’s, photo records, coordination with project manager, traffic control, Weekly Statement of Working Days, RFI’s, progress payments and quantity takeoffs.
Doran Street Rehabilitation, City of Glendale, CA
Senior Construction Inspector for $3.9M roadway rehabilitation project for about one mile on Doran Street (two lanes) from Brand Avenue to Adams Street.
Project features included four intersections with new traffic signals, ARHM paving, type II slurry seal on side streets. Project also included improvements on Jackson Street from Doran to Monterey (300’) ADA ramps at the intersections of Jackson and Kenwood Place. Part of the project included FHWA funding and record keeping requirements for daily inspection reports, progress payment quantities and employee interviews. Duties included pre-construction photos, daily inspection reports, weekly statement of working days, quantity calculations, RFI’s, coordination with materials testing firm, job site photos, as- builts, final walk thru and close out.
City Wide Street Light Upgrade, City of Corona, CA
Provided construction inspection during the replacement of inefficient, high pressure sodium streetlights with new LED streetlights, as well as install a lighting control system that will be used for proactively maintaining streetlights. Approximately 8,000 streetlights throughout the City were replaced in four phases over a six-month period. Inspection occurred at several sites in one shift with up to six contractor crews working throughout the City. The project was funded by special district property taxes that can only be used for streetlight operation and maintenance, as well as Gas Tax revenues.
Lakewood Boulevard Street Improvements, City of Downey, CA Senior Construction Inspector for the construction of right turns, traffic signals, relocation of So Cal Edison poles, relocation of water lines, new streetlight poles, curb and gutter, cold-milling and overlay of existing lanes and striping. Responsibilities included performing daily inspections, administering contract documents, conducting weekly progress meetings, processing submittals, request for information and clarification, change orders and progress payments, generating final punch lists and monitoring the contractor’s schedule. Other duties involved documenting the work via daily reports including City’s excel forms and digital photography, and coordinating with various agencies, utilities and residents.
Knott Street Rehabilitation, City of Garden Grove, CA
Senior Construction Inspector for $2.2M roadway rehabilitation project. Improvements consisted of FDR reclamation and cement treatment, full depth asphalt replacement, replacement of curb and gutter, bus pad and handicap ramps, installation of video detection system, traffic signal detector loops, Cesar Ramirez, EE
Senior Construction Inspector
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 31
and installation of irrigation and landscaping. Project included FHWA federal funding requirements with Caltrans local oversight. Duties included pre- construction activities, permits, administering the contract, inspecting the work of various contractors, documenting the work via daily reports and digital photography, ensuring quality control, verifying quantities, conducting weekly progress meetings, processing control documents such as RFI’s, submittals, progress payments, certified payrolls, negotiating and managing change orders, providing field fixes to design issues and monitoring schedules.
Valley View Street Improvements, City of Garden Grove, CA Senior Construction Inspector for $250K of street work that included full depth asphalt replacement, cement treatment base, curb and gutter, handicap ramps, irrigation and landscaping.
Landscape Maintenance (LMD) 84-2 Zone 14 Areas 1-4 Landscape Renovations Project, City of Corona, CA Senior Construction Inspector for this $200K project which consisted of clearing and grubbing vegetation, trees, irrigation heads and lateral lines in landscaped planters and parkways as specified in the plans; perform soil prep, finish grading, weed abatement, furnish and install new irrigation and plant materials, and trees and protect in place existing trees and vegetation not in contract. Zone 14 was established to fund the landscape maintenance of parkways and medians along portions of Norco Hills Parkway, Village Loop, Parkridge, Parkview and McKinley. Inspection of irrigation removal, the installation of new irrigation valves, drip irrigation per zone, weed abatement, plant delivery and layout, 30/60/90/120-day plant maintenance review, 120-day plant establishment period for each phased area.
Landscape Maintenance District (LMD) 84-2 Zone 7 and 10 Landscape Renovation Project, City of Corona, CA Senior Construction Inspector for this landscape renovation project. In 2016 and 2017, the City performed approximately 500,000 square-feet of landscape renovations in various landscape maintenance districts in Corona, including LMD 84-2 Zone 7 and 10. These renovations were conducted in part due to drought conditions in the State of California, which resulted in changes to water use regulations and the need to increase water efficiency outdoors. Another factor for the projects was the need to replace plant material and irrigation systems, which were beyond their useful life. Lastly, due to the funding for the landscaping of these areas coming from special assessments on property taxes, the projects were also performed to help contain costs and improve the financial sustainability for the districts. The areas selected in the initial project were generally parkways grouped by the area fed by a water meter. Created plant palettes to take advantage of low water use plants that work well within Corona’s climate and to also maintain visual consistency throughout the City.
The project renovated approximately 20,000 sq ft of landscaping between the two zones.
FY 18/19 Citywide Paving Program, City of Corona, CA
Senior Construction Inspector for $1M, annual roadway rehabilitation project with local funding for sectors of the City. Project features included removals, milling, manhole and water valve adjustments, curb and gutter repairs, asphalt paving and slurry seal. Duties included pre-construction photos, daily inspection reports, weekly statement of working days, quantity calculations, RFI’s, coordination with materials testing firm, job site photos, as-builts, final walk thru and close out.
Sierra del Oro Water Treatment Plant Landscape Renovations Project, City of Corona, CA Senior Construction Inspector for this CIP landscape renovation project which will repair the substantial damage to the landscaping, roof and communication site equipment from the 2017 Canyon Fire which damaged the Water Treatment Plant. The design consists of rehabilitating approximately 70,000 sq ft of the site, including the existing irrigation system and installing cobble hardscape, removing and replacing a failing retaining wall, and installing plant materials to act as a fire break to help reduce the potential for fire damage in the future. 2017 Street Pavement Maintenance and Rehabilitation Project, City of Corona, CA Senior Construction Inspector for the $2.8M project which consisted of pavement rehabilitation along Main Street, River Road, Lincoln Avenue and Enterprise Court for 18.2 lane-miles total.
Various Water Related CIP Projects, Southern CA
Construction Inspector responsible for performing daily inspections, administering contract documents, upholding code requirements, conducting weekly progress meetings, processing submittals, request for information and clarification, change orders and progress payments, coordinating with various agencies, utilities and residents, generating final punch lists, ensuring traffic control, monitoring the contractor’s schedule, maintaining public relations and documenting the work via daily reports and digital photography. Projects included:
• City of Ontario – Installation of 17,440’ of 24” CML/C pipe and 5,350’ of 42” CML/C pipe, including boring operations under 60 Freeway, Mission and Guasti Avenues railroad tracks
• City of Ontario – Construction of two pressure reducing stations • Jurupa Community Services District – Installation of sewer lines, water mains and 1” copper services for 30 new tracts • Golden State Water Company, West District, Gardena – Construction of two 1.5 MG steel tanks and yard piping including grading and footings Construction Inspector, Various Locations, CA
As Construction Inspector responsibilities included daily inspections, administering contract documents, upholding code requirements, conducting weekly progress meetings, processing submittals, request for information and clarification, change orders and progress payments, coordinating with various agencies, utilities and residents, earthwork calculations, generating the final punch list and monitored the contractor’s schedule. Maintained documentation of the work via daily reports, construction forms and digital photography. Projects included:
• City of Ontario/Chino Basin Desalter Authority – Construction of a 42” CML&C domestic water pipeline on Milliken Avenue • City of San Juan Capistrano – Directional drilling construction of a 14” HDPE pipe under the San Juan Capistrano River • City of West Hollywood – La Cienega Boulevard and Melrose Avenue street paving • City of San Juan Capistrano – On-call Inspector, several roadway paving and slurry CIP projects inspected • Chino, California Institution for Men – Double box culvert, pre-cast bridge, 6”, 14”, 18” and 24” C-900, 6” brine line and paving Teresa Rodriguez
Project Administrator
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 32
Ms. Rodriguez has over 15 years of construction contract and project administration experience in the public works and private development sectors. She brings strong proficiency in the use of Construction Management Project Control systems and software for construction project administration. Her strength lies in her ability to complete a wide range of project-related responsibilities with a strong understanding of the construction process. She is knowledgeable in assisting on projects from design through the completion of construction. Teresa sets up and maintains the operable file structure, assists in preparing design consultant Request for Proposals and assists in bidding of projects and prequalification’s of bidders by conducting reference checks, monitoring contractor’s compliance, prepares and processes sub-consultant agreements, data collection, processing, scheduling, tracking and reporting. Additional responsibilities include coordinating weekly construction progress meeting, preparing weekly agenda’s and meeting minutes, preparing project exception notices, filing the exception notices with the County, processing contractor, submittals, requests for information and change orders, preparing and processing bid documents, conditional and unconditional lien releases, and tract preliminary notices, and preparing and filing notice of completion with the County. Teresa has worked with utility companies in processing contracts and invoicing. She processes new contracts and purchase orders, coordinates and sets up project site events and meetings, and verifies and tracks contractor and subcontractor insurance information. Teresa handles all project accounting such as preparing and processing billing, invoicing, accounts receivable and contract close-out items and as well as processing all expense reports, review and process certified payroll and labor compliance documents. She also brings an understanding of labor compliance monitoring for federally funded projects.
Bush Street Bicycle Boulevard, Water Improvements and Sewer Improvements, City of Santa Ana, CA
Experience
15 years
Education
High School Diploma
Project Administrator for the $2.5M Bush Street Bicycle Boulevard Project which incorporates bicycle enhancements and traffic calming measures intended to connect neighborhoods to the Civic Center using Complete Street and Bike Boulevard concepts. The improvements will include landscaping and updated signage and roadway markings. The project comprises a bicycle boulevard stretching along Bush Street from Civic Center to 17th Street, and water and sewer improvements from 8th Street to 11th Street. In addition to the replacement of the water main and sewer maintenance holes, the street enhancement consists of traffic circles and/or bulb-outs at seven street intersections, along with landscaping, and updated signs, striping, and markings. Duties include assisting with reviewing inspector daily reports for accuracy and invoicing. Maintains project files and documentation.
Crown Valley Community Park, Tier 1 Recreation Improvement and Tier 2 Entry Improvement, City of Laguna Niguel, CA Project Administrator for this $5M community park improvement project. Tier 1 project features included new amphitheater, public restrooms, splash pad, playground equipment, tree removal, mass grading, roadway and utility improvements, stage lighting, pathway lighting, street lighting, storm water BMP placement and compliance, fencing, railing, specialty stage canopies and various community art projects incorporated throughout the project. Duties included project administration, progress payment application and preparation of progress reports.
Great Park Development, City of Irvine, CA
Project Administrator supporting two W&A Project Managers for the design and construction of City owned improvements in support of the 1,200-acre Great Park development. Duties include administration and documentation support for two Project Managers, coordination City CIP administration staff and City Great Park administration staff, processing correspondence, submittals, contracts, contractor progress payments, project schedule, budgets and weekly updates for projects that develop the City owned portion of the Great Park (previously El Toro Military Base.) Also responsible for certified payroll and monitoring contractor labor compliance. This exciting premier project will house the new training facility for the Anaheim Ducks Professional Hockey team and a new four rink sports complex for skating and hockey tournaments. Select projects include:
• Great Park Western Sector Landscape Project ($3M)
• South Lawn Pump Station Enclosure Building Improvements ($250K) • Basin 6, Basin 1 & Basin 3 Projects ($100K)
• Portable Restroom Building Relocation ($85K)
• AT&T Conduit at Festival Site ($80K)
North Cajon Boulevard Street Improvements, City of San Bernardino, CA Project Administrator on this $740K ARRA funded project that included roadway improvements along a 1.25-mile section of historic Route 66. Improvements incorporated the new roadway widening and asphalt paving work with storm water drainage upgrades, new concrete sidewalks, ADA curb ramps, curb & gutter, signage, traffic striping and street lighting. Duties included assisting with reviewing inspector daily reports for accuracy and invoicing. Maintains project files and documentation.
Keith 1220-Zone Potable Water Storage Tank (Reservoir) Project, City of Corona, CA Project Administrator of this $7.8M project, provides construction management and quality assurance inspections, oversight of public outreach, geotechnical and materials testing, and environmental mitigation support services during the construction phase of the Construction Management and Inspection Services for the Keith 1220-Zone Potable Water Tank Project. The project will include construction of a 2.5M gallon pre-stressed concrete tank at the southeast corner of Nelson Street and Keith Street. The project will include undergrounding of existing overhead power and telephone lines in the vicinity of the tank site, construction of approximately 1⁄4-mile of new waterline from the tank site to Duncan Way along Nelson Street and Courtney Street, reclaimed waterline and storm drains in Nelson Street and Masters Drive, street improvements, on-site utilities, and site work to include fencing, gates, paved vehicle access, lighting, landscaping and irrigation. Assists with maintaining project files, reports and other documentation.
Teresa Rodriguez
Project Administrator
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 33
Fire Station 205 Phase 2 Improvements, City of Rialto, CA Project Administrator during overall site grading and drainage improvements, an apparatus building, temporary staff living quarters, parking and underground utilities for proposed and future facilities. Services on this $4.2M project also included management of the materials testing firm. Maintained project documentation, assisted with the preparation of meeting minutes and other reports, documented all correspondences and provided administrative assistance.
Mill Creek Wetlands Cucamonga Creek Watershed Regional Water Quality Project, City of Chino, CA Project Administrator for this 52-acre environmental habitat reclamation project located in the City of Chino. This $10M wetlands rehabilitation and water quality development project provided improvements to an existing wetlands watershed area by creating a public recreation and habitat restoration commons.
The new ecosystem includes six interconnected water quality ponds landscaped with native plant materials, a riparian habitat, a raptor habitat expansion, interpretive/educational loop trails as well as almost two miles of recreation and maintenance trails. Assisted with maintaining project files, reports and other documentation.
La Sierra Pipeline, Western Municipal Water District, Riverside, CA DBE/Labor Compliance Administrator assisting the Labor Compliance team in monitoring DBE compliance of contractors and subcontractors.
Responsibilities include compiling data, verifying compliance and completing forms including Form UR344. The project has multiple funding sources that include local, state and federal funds.
Plant 137 & Live Oak Road Pipeline Replacement Project, East Valley Water District, Highland, CA Project Administrator for the installation of approximately 3,185’ of 12” DIP and appurtenances through the rocky foothills of a residential neighborhood.
Construction of this $717K project also included demolition of existing treatment train equipment and construction of facility site improvements at Plant 137.
Maintained project documentation, assisted with the preparation of meeting minutes and other reports, documented all correspondences and provided administrative assistance.
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 34
DENNIS JANDA, PRESIDENT
Project Role – Principal Surveyor and Project Manager
Affiliation: P. L. S. # 6359, State of California
CFS #1379– Certified Federal Surveyor
C. L. S. A. Corporate Member
ACSM Member
Certificates: Certificate in GPS Survey
Certificate in AutoCAD
Certificate in ESRI Software
Education: Palomar College Surveying, 1981-1984
U.C.R. G.I.S. Certificate Program
U.C.R GPS Certificate Program
Experience: Mr. Janda offers 42 years of experience in the land surveying and mapping profession. Mr. Janda is responsible for the scheduling, contract administration and final review of all mapping and surveying projects performed by DJI.
Mr. Janda’s expertise managing survey projects began in 1984 for a large Temecula Engineering firm. Mr. Janda was responsible for the administration of proposals, contract management, survey/mapping, personnel training and scheduling. Mr. Janda’s overall experience w ith project research, map/exhibit production, boundary surveys, route surveys, engineering surveys, topographic/photogrammetric control surveys and construction staking is extensive.
Mr. Janda also has comprehensive public works experience working for agencies and municipalities throughout California. As a project surveyor he provides maps, design/route surveys, construction surveys as well providing legal and plats for dedications and map review and checks for processing in adherence to owner’s standards and specifications and to the subdivision map act. .
Mr. Janda has extensive experience with both public and private project presentations to city councils, community groups, county board of supervisors, and local agency formation committees.
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 35
TRICIA JANDA, VICE PRESIDENT
Project Role – Assistant Surveyor
Affiliation: C.L.S.A. Corporate Member
ACSM – American Congress of Surveying and Mapping
Certificates: AutoCAD Certificate
NGS Precise Digital Leveling Certificate
Education: Westech College – G.I.S. & Geo Spatial Analysis & AutoCAD Palomar College – Survey Program
NGS Precise Digital Leveling
Experience: Ms. Janda has 23 years of field and office experience along with formal G.I.S., AutoCAD, ArcView and surveying education through U.C.R., Palomar, NGS and Westech Colleges. Ms. Janda has worked with survey field crews and as an office survey technician and field coordinator. As field crew coordinator, Ms. Janda is knowledgeable with construction calculations along with field note reductions. Ms.
Janda is also experienced with map preparation such as map check, closure reports, A.L.T.A.’s, legal description and plats and topographic surveys. Ms. Janda has also acquired experience in a several tasks associated with G.I.S. and mapping with several Dennis Janda, Inc. projects.
Ms. Janda has worked as a G.I.S. technician and data capture techniques for the Otay Water District project. Responsibilities for the Otay Water District project included but not limited to mapping research, and precise electronic reproductions of land parcels using record maps or assessor’s parcel maps. These parcels were then combined to create the overall parcel base map now used at Otay Water District. Ms. Janda has also assisted in the production of the utility layers. All utilities were constructed from scanned plans inserted into the base map and then rectified to GPS survey positions. Ms. Janda has had training on Arc/Info 10.x, ArcView 10.x, ArcGIS Server 10.x, AutoCAD and Land Desktop/Civil 3D, Microsoft access software and additional custom computer applications designed to enhance the building of information databases.
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 36
ROBERT MEYER
Project Role – Survey Party Chief
Certificate: U.C.R.- Spatial Reference
Intermediate G.P.S.
Education: Palomar College, Survey Program
Principles of Land Surveying 1 & 2, Control and Photogrammetry Surveying, Construction and Surveying Mathematics
Experience: Mr. Meyer has 36 years of land surveying experience. He performs field surveys in all phases of boundary, design and construction surveys. He prepares field support calculations and as Chief of Survey schedules field crews and oversees equipment.
Mr. Meyer has vast experience with public works and Caltrans Right of way projects. His experience includes construction staking of state highways, local roadways and bridges.
Mr. Meye r’s private industry experience includes commercial and subdivision construction staking. He has also performed boundary surveys, design topo’s, aerials, ALTA’s, records of survey and drafting of corner records.
Mr. Meyer is well trained in performing field support calculations using the latest software of AutoCAD and Civil 3d. He is also well versed in the use of the latest GPS equipment and software. He also performs first and second order deformation studies.
CITY OF GARDENA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
170th STREET IMPROVEMENT PROJECT, JN 944
FROM NORMANDIE AVENUE TO VERMONT AVENUE
FEDERAL AID PROJECT NO. STPL – 5276 (032)
JULY 2022
Date
CITY OF GARDENA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
170th STREET IMPROVEMENT PROJECT, JN 944
FROM NORMANDIE AVENUE TO VERMONT AVENUE
FEDERAL AID PROJECT NO. STPL – 5276 (032)
Plans and Specifications prepared by:
Gary Essex A. Solsona, PE
Cannon Corporation
16842 Von Karman Avenue, Suite 150
Irvine, CA 92606
Prepared for:
City of Gardena Engineering Division
Approved by:
ALLAN RIGG
Public Works Director / City Engineer
Allan Rigg 7/15/22
CITY OF GARDENA
NOTICE INVITING BIDS
for
170th ST. STREET IMPROVEMENT PROJECT
FROM NORMANDIE AVE. TO VERMONT AVE.
PROJECT NO. JN 944
Plans and Specifications are available through ARC Document Solutions. Please be advised that there is an additional charge for delivery. Upon payment of the purchase price, they become the property of the purchaser and may not be returned for refund.
You may access the plans through the following website under Public Planroom:
www.crplanwell.com
For help accessing and ordering, please contact a Planwell Administrator at 562.436.9761.
Notice is hereby given that the City of Gardena will receive sealed bids at the office of the City Clerk, City Hall, 1700 W. 162 nd Street, Gardena, California, until 2:00pm on Thursday, August 11, 2022 and shortly thereafter on this same day, they will be publicly opened and read in the City Council Chambers.
Due to COVID-19 directives, City Hall is closed to the public. As a result, the bid opening will be conducted in video conferencing using ZOOM.US. City Clerk staff members are working regular business hours and are available to accept sealed bid(s). It is highly recommended to mail or drop off bids within the sufficient time. For drop off bids, City Hall entrance has posted City Clerk’s Office phone number (310) 217-9565, they will be available to come out and accept bids at your call.
The information to join the bid opening via ZOOM is the following:
Topic: Bid Opening - JN 944
Time: 2:00 PM on August 11, 2022 (Shortly thereafter the deadline) Join ZOOM Meeting
https://us02web.zoom.us/j/6240599732
Meeting ID: 624 059 9732
Dial by phone: +1 669 900 9128 US
Should you have any questions or concern in delivering a bid or joining the ZOOM Meeting, please contact City Clerk’s office at (310) 217-9565 or via email at [email protected].
All bids must be in writing, must be sealed, and must be plainly marked on the outside:
"BID ON PROJECT NO. JN 944. Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned unopened to the bidder.
Bids are required for the entire work as described below:
Removal and replacement of PCC curbs, gutters, sidewalks, curb ramps and driveways, including grinding and paving of AC pavement. And others ENGINEER’S ESTIMATE: $ 470,000
The time of completion of contract shall be [60] working days as defined in the latest Standard Specifications for Public Works (“Greenbook”). Liquidated Damages, as defined in Section 6-9, shall be [$1,000] per each consecutive calendar day.
The City’s intent is to issue the Notice to Proceed no later than end of September 2022 Each bidder must submit a proposal to the City, c/o City Clerk in accordance with the Plans and Specifications. Said proposal is to be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Gardena, in an amount not less than 10 percent of the total bid submitted.
The envelope enclosing the proposal shall be sealed and addressed to the City of Gardena c/o City Clerk, and delivered or mailed to the City at 1700 W. 162 nd Street, Gardena, California 90247-3778. The envelope shall be plainly marked in the upper left-hand corner as follows:
ATTENTION: CITY, c/o CITY CLERK
(Bidder's Name and Address)
(Number and title of this project) ________________________ The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney.
The contractor shall have an active Class A license from the Contractor’s State License Board at the time of submitting bid.
Pursuant to Public Contract Code Section 22300, the Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insured performance under the contract unless applicable federal regulations or policies do not allow such substitution. Such security shall be deposited with the City, or a state or federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City Attorney.
The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive responsible bidder.
Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, the bidder awarded the Contract and all subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the California Labor Code, California Code of Regulations, Title 8, Section 16000 et seq., and any other applicable laws, rules and regulations adopted with respect thereto (“California Prevailing Wage Laws”). Copies of such prevailing rates of per diem wages are on file at the Gardena City Clerk’s office and the office of the City Engineer, and copies shall be made available to any interested party on request. The prevailing rates of per diem wages referred to herein are hereby made a part of this Notice by reference.
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any Subcontractor under it.
Contractor and any Subcontractor under if shall comply with the requirements of said sections in the employment of apprentices.
The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly.
As of January 1, 2016 , the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing.
Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR- approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.
These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.
The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/ index.htm).
Skilled and Trained Workforce: This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.
Award of Contract: The following are conditions to the award of the contract:
I. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract was awarded):
and
II. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 17265.5.
Notwithstanding the above, Bidders are further advised that this is a federally assisted construction contract and Federal Labor standards, including David- Bacon requirements will be enforced. These requirements include submission to the City weekly, for each week in which any contract work is performed, a copy of payrolls in accordance with 29 CFR 5.5(a)(3)(1) and (ii). Failure to timely provide accurate and complete payroll reports shall constitute grounds for returning a payment request pursuant to Public Contracts Code section 20104.50. If Federal and State wage prevailing rates are applicable, then the higher of the two shall prevail.
Any questions regarding this bid package maybe referred to William Mendoza, Public Works - Engineering Division at 310.217.9608 or [email protected]
LOCATION MAP
Page No.
TABLE OF CONTENTS
COVER SHEET
TITLE SHEET
NOTICE OF INVITING BIDS
LOCATION MAP
TABLE OF CONTENTS ........................................................................................................ i INSTRUCTIONS TO BIDDERS ........................................................................................... 4 BID PROPOSAL DOCUMENTS .......................................................................................... 8 Bidding Schedule ................................................................................................ 9 Acknowledgement of Addenda Received ........................................................... 12 Bidder's Declaration ............................................................................................ 12 Non-Collusion Affidavit .................................................................................. … 15 Declaration of Eligibility to Contract .................................................................. 16 Bid Bond ............................................................................................................. 17 Designation of Subcontractors ............................................................................ 18 Construction Project Reference ........................................................................... 19 Certificate of Non-Discrimination by Contractors .............................................. 20 Certificate Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Primary Covered Transactions ...................................................... 21 CONTRACT DOCUMENTS ................................................................................................. 23 Agreement ........................................................................................................... 24 Faithful Performance Bond ................................................................................. 26 Payment Bond ..................................................................................................... 28 Workers' Compensation Insurance Certificate .................................................... 30 Indemnification And Hold Harmless Agreement And Waiver Of Subrogation and Contribution ........................................................................ 31
SPECIAL PROVISIONS
Table of Contents ................................................................................................ SP(i) - SP(iii) Section 1 – Section 10 ......................................................................................... SP 1 - SP 15 TECHNICAL PROVISIONS ................................................................................................. TP-1-13 APPENDIX A : Federal-Aid Contract Provisions
- Exhibit 12-G : Required Federal-Aid Contract Language - Exhibit 12-H : Nonlobbying Certification for Federal Aid Contracts. - Exhibit 17-F : Final Report - Utilization of Disadvantage Business Enterprise (DBE) and First-Tier Subcontractors
- Exhibit 17-O : Disadvantage Business Enterprise (DBE) Certification Status Change APPENDIX D - City Standard Plans
- ST-2 Residential Driveway
-
ST-3 Cross Gutter
- ST-5A Residential Sidewalk
- ST-7 Curb and Gutter
- ST-8 Scoremarks and Expansion Joints
- ST-9 Access Opening Adjustment
- ST-11 Tree Planting Detail
- ST-17 Traffic Control Device Location At Curb Returns - ST-18 Curb Ramp
- ST- 24 Traffic Loop Detail
APPENDIX E - Caltrans Standard Plans
- A20A
- A24D
- A24F
- A88A
APPENDIX C – Federal Wage Rates
APPENDIX B - Federal-Aid Bid Documents (Refer to Instructions to Bidders section for the required applicable Federal Bid Forms (provided in Appendix B)
to be submitted in Bid Proposal)
- Exhibit 12-B : Bidder's List of Subcontractor (DBE and Non- DBE) - Exhibit 15-G : Construction Contract DBE Commitment
- Exhibit 15-H : Proposer/Contractor Good Faith Efforts 4 INSTRUCTIONS TO BIDDERS
PROJECT NO. JN 944
FORM OF PROPOSAL
The Proposal shall be fully executed and submitted on the forms in the project specifications and shall be enclosed in a sealed envelope marked and addressed as dire cted in the Notice In viting Bids.
PROPOSAL DOCUMENTS
All Proposals shall include the following executed documents to be submitted with each bid:
Bidding Schedule
Acknowledgement of Addenda Received
Bidder's Declaration
Non-Collusion Affidavit
Declaration of Eligibility of Contract
Bid Bond
Designation of Subcontractors
Construction Project Reference
Certificate of Non-Discrimination by Contractors
Certification of Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Primary Covered Transitions
Federal Bid Forms
• Exhibit 12-B
• Equal Employment Opportunity Certification
• Public contract code
• Non-collusion Affidavit
• Debarment and Suspension Certification
• Nonlobbying Certification for Federal-aid contract
• Disclosure of Lobbying Activities & Instructions
• DBE Exhibit 15-G
• DBE Exhibit 15-H
5 DELIVERY OF PROPOSAL
The Pr oposal shall be delivered by th e time and to the place stipulated i n t he Notice Inviting Bids. It is the bidder's sole respo nsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened.
WITHDRAWAL OF PROPOSAL
The Proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or its properly autho rized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals. No Proposal may be withdrawn after the hour fixed for opening bids.
MODIFICATIONS AND ALTERNATIVE PROPOSALS
Unauthorized conditions, limitation s, or provisions attached to the Pr oposal will render it informal and may be grounds for its r ejection as non-responsive. The completed Proposal forms shall be wit hout int erlineations, altera tions, or erasures. Alternative proposals will not be considered unless specifically requested. O ral, telegraphic, or telephonic proposals or modifications will not be considered.
DISCREPANCIES IN PROPOSALS
In the event ther e is more than one bid item in a B idding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and fai lure to do so will render the Proposal informal and may be grounds for its rejection as non -responsive. The bidder shall state in words and figures the unit prices or the specific sums as the case may be, for which it pro poses to supply the labor, materials, s upplies, or machinery, and completely perform the Contr act. The total amount of each item bid and the total amount of the bid shall be stated in words and figures.
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone will be consi dered as representing the bi dder's intention and the total wi ll be corrected to conform thereto.
PROPOSAL GUARANTEE – BIDDER’S SECURITY
Each bidder shall submit with his Proposal cash , an unconditional certified or cashier's check, or a bidder's bond, i n the su m of the percentage of the bid stated in the Notice I nviting Bids, payable to the Ci ty as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory Faithful Performance Bond, a satisfactory Payme nt Bond and insurance certificates as specified herein.
6 If a bidder to whom an award is made, fails or refuses to sign the Contract or furnish the required bonds and certificates, all within the time stated in Section 2-1.5 of the Special Provisions herein, the funds represented by said c ash, check or bidder's bond shall be forfeited and become and remain the property of the Cit y; the amount thereof being agreed to by the bidder and the surety as a bid bond forfeiture due the City because of the delay in t he execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest responsive responsible bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited.
A Bid Bond must be obtained from a corporate surety authorized to do business as such in the State of California as an “admitted surety insurer” and shall be on the form furnished by the City or one substantially in conformanc e with it. Certified or cashier' s checks must be drawn on a solvent state or nationally chartered bank or branch thereof in the State of California. The liability of the City in connection with the checks shall be limited to t he return of the checks (without interest) as provided in Section 2-1.6 of the Special Provisions bound herein.
DISQUALIFICATION OF BIDDERS
A person, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; provided, however, a person, firm, or corporation who has submitted a su b-proposal to a bidder submitting a Proposal, or who has quoted prices on materials to such bidders, is not thereby disqualified f rom submitting a sub- proposal or f rom quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, as further descr ibed in the Notice Inviting Bids, will disqualify a bidder.
ADDITIONAL REQUIREMENTS
The b idder's attention is directed to t he Sp ecial Provisions and Technical Provisions bound herein for additional requirements of the Proposal and Contract Documents.
FAIR EMPLOYMENT PRACTICES DOCUMENTS
Fair Employment Practices Documents are to be submitted by the lowest responsive responsi ble bidder within three days following the opening of bids. See enclosed instructions and documents on page 19.
CONTRACT DOCUMENTS
Contract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract. Unless extended by agreement of the City, failure to timely submit executed Con tract Documents may be grounds for rejecting the bid award and forfeit ure of t he bid security. Se e enclosed documents commencing on page 27.
7 COPIES OF FEDERAL CERTIFICATE
When the Notice Inviting Bids indicates that this project is a federally funded project and the Bid Proposal is for more that One Hundred Thousand Dollars ($100,000), the bidder and each of its subcontractors shall submit signed copies of the Federal Certificate for Contracts, Grants, Loans and Cooperative Agreements.
8 BID PROPOSAL DOCUMENTS
170TH STREET IMPROVEMENT PROJECT
FROM NORMANDIE AVENUE TO VERMONT AVENUE
PROJECT NO. JN 944
Contractor:
Address:
Phone:
Fax:
License No.:
D.I.R. No.
Email:
To Be Submitted
WITH
Bid Package
9 BID PROPOSAL
PROJECT NO. JN 944
BIDDING SCHEDULE
TO: CITY OF GARDENA
HONORABLE MAYOR AND MEMBERS
OF THE CITY COUNCIL
CITY HALL
GARDENA, CALIFORNIA 90247
Ladies and Gentlemen:
The undersigned declares that he has carefu lly examined the location of the proposed work and that he has examined the Plans and Specifications, has read the Contract D ocuments, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:
PROJECT: 170th Street Improvement Project – from Normandie Avenue to Vermont Avenue in accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions and Technical Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction (current edition), and the requirements of the Engineer under said documents, for the prices shown herein. All work shall be completed within Sixty (60) working days for base project, from the date the notice to proceed is issued by the Engineer.
10 BID SCHEDULE
PROJECT: 170th Street Improvement Project – from Normandie Avenue to Vermont Avenue Item
No. Item Description Unit
Approx
Quantity
Unit Price
in Figures Item Total
1 Mobilization LS 1 $ $
2 Traffic Control LS 1 $ $
3 Construction Survey LS 1 $ $
4 Remove Existing Tree EA 20 $ $
5 Remove and Construct Curb & Gutter
(8" CF)
LF 550 $ $
6 Remove and Construct Concrete
Sidewalk
SF 2,200 $ $
7 Remove and Construct Concrete
Spandrels and/or Cross Gutter
SF 1,600 $ $
8 Remove and Construct Driveway (12'
Maintenance Driveway)
SF 200 $ $
9 Remove and Construct Concrete Curb
Ramp
EA 25 $ $
10 Retrofit Existing Curb Ramp and Install
Detectable Warning Surface
EA 2 $ $
11 Cold Mill (1.5" Uniform Thickness)
Existing AC Pavement
SF 90,000 $ $
12 Construct 1.5” Thick Asphalt Rubber Hot
Mix Pavement
TON 850 $ $
13 Asphalt Pavement Removal and
Replace 4” Thick AC Pavement
SF 12,500 $ $
14 Adjust Manhole Frame and Cover to
Grade
EA 15 $ $
15 Furnish and Install 24" Box Tree (Crape
Myrtle)
EA 20 $ $
16 Install Type E Loop Detector EA 2 $ $
17 Install Battery Backup System LS 1 $ $
18 Traffic Striping and Signing LS 1 $ $
19 Replace Existing Pedestrian Push
Buttons with Touchless Accessible
Pedestrian Push Buttons
LS 1 $ $
11 BID SCHEDULE (Continued)
TOTAL CONTRACT BID:
(Figures)
(Words)
This project is funded with Fe deral-aid funds and applicable Fede ral and State of California contract provisions including wage rates and DBE provision s shall apply. Contractor and subcontractors to comply with applicable prevailing wage requirements of the David -Bacon Act Federal Wa ge Rates as per instructions in the Appendix “A” and California Department of Industrial Relations (DIR) and submit weekly -certified payrolls to the City Engineer . All compensation for complying with these pr ovisions shall be included in the unit price for bid items.
Receipt of Addenda No (s) is hereby acknowledged.
* In cas e of error in extens ion of pr ice into th e total price column, the unit price will govern.
All work required and s hown on the construction plans and this specification for which no price or item is list ed on this proposal, it shall be understood that such work, equipment, labor, tools and materi als shall be provided without extra charge, allo wance or direct payment of any kind. Pay ment for performing such work or furnishing such equipme nt, labor, tools and materials shall be included in the above lump sum or unit bid prices a nd no additional compensation will paid therefor.
If the City deter mines that any of the unit bid p rices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as non-responsive.
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any i tem are n ot in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto.
Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amou nt of _______________________________________________________________________Dollars, said amount being not less than 10 percent of the amount bid. Pursuant to Public Contract Code Sections 20172 and 20174, it is agreed a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond f orfeiture by the City if th e undersigned fails or refuses to execute th e Contract and furni sh t he re quired bond s and certificates of insurance within the time provided.
Name of Bidder
Signature of Bidder
12 BID PROPOSAL
PROJECT NO. JN 944
ACKNOWLEDGEMENT OF ADDENDA RECEIVED
The Bidder shall acknowledge the receipt of addenda by number and date each addendum received.
Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addenda will be issued only through the ARC Document Solutions and access under their Public Planroom (www.crplanwell.com). It is the Bidder’s sole responsibility to visit the Plan room to obtain and administer any Addendum related to this bid. An Addendum must be acknowledged above by a bidder in its submitted form of Proposal.
If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected.
____________________________________ _______________ ______________ Bidder’s Signature Date
13 BID PROPOSAL
PROJECT NO. JN 944
BIDDER'S DECLARATION
It is understood and agreed that:
1. The undersigned has caref ully examined all do cuments which will form a part of the Contract; nam ely, the Notice Invitin g Bids , the Ins tructions to Bidders, this Propo sal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.
2. The undersigned has, by investigation at the site o f the work and otherwise, satisfied himse lf as to t he nature and location of the work and fully informed himself as to all c onditions a nd matters, which can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he fu rther understands that the City will not be re sponsible for any errors or omissions in the preparation of the Proposal.
4. T he undersigned agrees and acknowledges th at he is aware of the provisions of Secti on 3700 of the Labor Code which requires every e mployer to be insured agai nst liability for wo rkers' compensation or to undertake self -insurance in accordance with the provisions of that Code, and that the undersign ed will comply with such provisions befor e commencing the performance of the Contract if it is awarded to the undersigned.
The undersi gned will execute the Contract and furnish the requ ired statutory bonds an d certificates of insurance within the period of time specified in the Contract Documents.
The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified, and will complete said wo rk within the time spec ified in the Bi dding Schedule.
5. The undersi gned certifies that this Proposal is genu ine and not sham or collusive, or made in the interest or on behalf of a p erson not herein named, and the undersigned has not directly or indirectly induced or solicite d any other bid der to put in a sham bid nor ind uced any other person, firm, or corporati on to refr ain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder.
6. The undersigned w ill accept an award and enter into a Contract f or all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discret ion of the City after evaluation of the bids as submitted. The undersigned agrees that the City shall recover or retain as a bid bond forfei ture an amount equal to the difference be tween the low bid and amount of the bid of the b idder with whom the City e nters into a Contrac t, and the surplus, if any, shall be returned to th e lowest bidder in acco rdance with the provisions of the Public Contract Code Sections 20172 and 20174 in the e vent of hi s failure to execute a Contract and furnish required bonds and insurance therefor within the time provided. 14 BIDDER'S DECLARATION (Continued)
7. The unders igned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.
Respectfully submitted,
_______________________________ ______________________________________ Contractor's Business Name Contractor (Print) Title
________________________________ ______________________________________ Business Address: Street Signature Title
________________________________ ______________________________________ City State Zip Contractor's License No. and Classification ________________________________ ______________________________________ Business Phone Number Business Fax Number
Date
________________________________ ______________________________________ Name Title Residence: Street
________________________________ ______________________________________ City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co- partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each partner (general and/or limited) must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed. 15 BID PROPOSAL
PROJECT NO. JN 944
NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)
State of California
County of Los Angeles
being first d uly sworn, deposes and
says that he or she is of
the party making the foregoing bid, that the b id is not made in the interest of , or on the behalf of, any undisclosed p erson, par tnership, company, assoc iation, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sh am bid, or that anyone shall refra in from bidding; that the bidder has not in any manner, directly or indirectly, sought b y agreement, communication, or conference with anyone to fix the bid price of the bidder or an y other bidder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any adva ntage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder ha s not, directly or indirectly, submitted his or her bid price or any break down thereof, or the contents thereof, or divulg ed information or data rel ative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.
NAME OF BIDDER
SIGNATURE OF BIDDER
ADDRESS OF BIDDER
CITY STATE ZIP
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)
16 BID PROPOSAL
PROJECT NO. JN 944
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that:
1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, wh ich prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of In dustrial Rel ations to be i n violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.
3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A publi c entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awar ded, a public works project pursuant to Section 1777.1 or 1777.7 of th e Labor Code t o bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from per forming work on a public works project with a subcontracto r who is ine ligible to per form work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any contract on a p ublic works project entered into between a contract or and a debarred subcontractor is void as a matter of law . A debarre d subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontract or by a contractor on the project shall be returned to the awarding body. The contr actor shall be responsible for the payment of wages to wo rkers of a debarred subcontractor who has been allowed to work on the project.”
4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersi gned contracto r intends to use on this public works project, and has determined that none of them is ineligible to perform work as a su bcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sect ions 1771.1 or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ______ day of _________, 20 _, at _ _______ ________ (place of exec ution),
California__________.
Signature: ____________________________ Name: _________________________________ Title: ________________________________ Company: ______________________________ 17 BID PROPOSAL
PROJECT NO. JN 944
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT , as Principal,
and , as Surety, are
held firmly bound unto the City of Gardena in the sum of $ ;
DOLLARS,
(not less than ten percent of total amount of bid)
for the payment of which sum well and truly to be m ade, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the City to perform all work required under the following:
PROJECT: 170th Street Improvement Project – from Normandie Avenue to Vermont Avenue NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the manner required in the Specifications fo r said project, enters into the written form of Contract bound with said S pecifications and furnishes the required bonds, o ne to guarantee faithful performance an d the other to guarantee payment for labor and materials, the n this obligation shall be null a nd void, ot herwise it shall remain in full force and effect. In the event suit is brought upon this bond by the C ity and judgment is recovered, said Surety shall pay all costs incurred by the City i n such suit, including a reasonable attorneys’ fee to be fixed by th e court. Surety hereby waives the provisions of California Civil Code §2845.
SIGNED AND SEALED, this day of , 20 .
(SEAL) (SEAL)
Principal Surety
BY: BY:
Signature Signature
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney–in-fact must be attached. 18 BID PROPOSAL
PROJECT NO. JN 944
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subl etting and Subcontracting Fair Pr actices Act" being Sections 4100- 4113 of the Public Contract Code of t he State of California, and any amendments t hereto, each bidder shall set forth below the na me and location of the place of busi ness of each subcontractor who will perform work or labor or render ser vice to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, an d shall further set fort h the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.
If the contract or fails to specify a subcontractor for any port ion of the work to be performed under the contract, he shall be deemed to have agreed to perfo rm such portio n himself, and he shall not be permitted to subcontract that portion of the work except under the co nditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity , and then only after a finding reduced to writing as a public record of the legislative body of the City.
Portion
of Work
% Subcontractor's Name & Address
Type of
Work
State
License
Number Class
D.I.R.
Number
Not more than _____%.
19 BID PROPOSAL
PROJECT NO. JN 944
CONSTRUCTION PROJECT REFERENCE
In order to m ore fully evaluate your background and experience for the proj ect herein proposed, please submit a list of Public Wo rks and/or sim ilar construction pr ojects completed or in progress within the last 24 months. Failure to prov ide this informatio n may consti tute grounds for rejection of your bid as non-responsive.
Number of years as a contractor in construction work of this type:
Three projects of this type recently completed:
1. Name (Firm/Agency):
Address:
Contact Person: Telephone No.:
Title of Project:
Project Location:
Date of Completion: Contract Amount: $
2. Name (Firm/Agency):
Address:
Contact Person: Telephone No.:
Title of Project:
Project Location:
Date of Completion: Contract Amount: $
3. Name (Firm/Agency):
Address:
Contact Person: Telephone No.:
Title of Project:
Project Location:
Date of Completion: Contract Amount: $
NOTE: If requested by the City, the bidder s hall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition.
Bidder's Signature
20 BID PROPOSAL
PROJECT NO. JN 944
CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
As suppliers of g oods or serv ices to the City, th e firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all appli cable federal, state, and local directives, and executi ve orders regarding non-discrimination in employment; and that it agrees to pursue posi tively and aggressively the principle of equal opportunity in employment.
We agree specifically:
1. To establis h or observe employment policies which affi rmatively pr omote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, in cluding all company employees, out side recruitin g se rvices, especially those servi ng minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any addition al information available regarding equal op portunity em ployment programs now in effect within your company:
21 BID PROPOSAL
PROJECT NO. JN 944
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE) The Contra ctor shall n ot perform Wor k with any S ubcontractor that ha s been debarred or suspended pursuant to California Labor Code Section 1777.1 or any othe r federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors s hall not be de barred or su spended throughout t he duration of the Contrac t pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontrac tor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
1. The prospective primary par ticipant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently de barred, susp ended, propose d for debarm ent, declared ineligible, or voluntarily exclu ded from covered transactions by any Federal department or agency;
b. Have not within a 5 -year period preceding this proposal been convicted of or had a civil judgment render ed against t hem for commis sion of frau d or a criminal offe nse in connection with obt aining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust s tatutes or commission of e mbezzlement, theft, forgery, bri bery, falsification or destruction of records, making false statement, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or loca l) with comm ission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 5 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) ter minated for cause or default.
2. Where the prospective primary participant is unable t o certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Signature: ____________________________ Name: _________________________________ Title: ________________________________ Company: ______________________________ 22 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(Continued)
INSTRUCTIONS FOR CERTIFICATION
1. By s igning and submittin g this proposal, the prosp ective primary participant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this cov ered transaction. T he prospective participant shall submit an explanation of why it cannot provide the certi fication set out below. The certification or explanation will be considered in connection with the departmen t or agency's determination whether to enter into this transaction. However, failur e of the prospective primary participant to furnish a certifica tion or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this cl ause is a mate rial representation of fact upon which reliance was placed when the department or agency determined to enter into this tr ansaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available t o the Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to which this pr oposal is su bmitted if at any ti me the prospective primary participant learns that its certification was erroneous when s ubmitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debar red," "suspe nded," "inelig ible," "lowe r tier covered transaction," "participant," "p erson," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections o f the rules im plementing E xecutive Order 12549 . You may contact the department or agency to which this proposal is submitted for assis tance in obtaining a copy of those regulations (13 CFR Part 145).
6. The prospective primary participant agrees by submitti ng this propos al that, sho uld the proposed covered transaction be entere d into, it shall not knowingly enter into any lower tier covere d 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.
7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solic itations for lower tier covered transactions.
8. A participant in a covered transactio n may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covere d transaction, unless it k nows that the certif ication is erroneous. A p articipant may decide the method and frequency by which it dete rmines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good fait h the certification required by this clause. The knowledge and information of a participant is not required to exceed th at which is no rmally possessed by a prudent person in the ordinary course of business dealings.
23 CONTRACT DOCUMENTS (CD)
170TH STREET IMPROVEMENT PROJECT
FROM NORMANDIE AVENUE TO VERMONT AVENUE
PROJECT NO. JN 944
To be Submitted
within twenty-one (21) calendar days
AFTER
Award of Contract
24 CONTRACT DOCUMENT
PROJECT NO. JN 944
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by and between CITY OF GARDENA in the State of California, herein after referred to as “CITY” and , hereinafter referred to as “CONTRACTOR.”
The City and the Contractor mutually agree as follows:
ARTICLE I.
THE PROJECT
For and in consideration of t he mutual pro mises set forth herein, Contractor agree s to perform and complete in a good and workmanlike ma nner all work required by the C ontract Documents for City Project No. JN 944 , which is described as follows:
Title: 170th Street Improvement Project – from Normandie Avenue to Vermont Avenue Said work shall be performed in accordance with the Plans, Specifications and other Contract Documents, all of which are refe renced in Article III hereof and incorpor ated herein as thou gh fully set fo rth. Contrac tor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are provid ed in the Contract Documents to be furnished by City.
ARTICLE II.
CONTRACT SUM AND PAYMENT
For performing and completing the work in accordanc e with the Contract Documents, City shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule.
Said sum shall const itute payment in full for all work performed hereunder, in cluding, without limitation, all lab or, materials, equipment , tools and services used or incorporated in the w ork, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as s pecified in the Contract Documents. City shall make payments to Contractor on ac count of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.
ARTICLE III.
CONTRACT DOCUMENTS
The Contract Documents, wh ich constitute the entire agreement between the City and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bid ding Schedule, Bidder's Declaration, Designation of Subcontractors, Bidder's Assurance, and Fair Employment Practices documents; th is Agreement; Standar d Specifications; Special Pro visions; Technica l Provisions; Drawings; Plans; and all adden da issued prior to and all modifications issued after the execution of this Agreement . These form 25 the Contract, and all are as fully a part of t he Contract as if att ached to this Agreement or repeated herein.
ARTICLE IV.
EFFECTIVE DATE
This Agreement sh all become eff ective and co mmence as of the date set forth below on which the last of the parties, whether City or Contractor, executes said Agreement.
IN WITNESS WH EREOF, the parties hereto hav e caus ed this Agr eement to be executed an d attested by their proper officers thereunto duly authorized.
CITY CONTRACTOR
By: By:
MAYOR (Sign) Sign / Title
Date: Date:
SEAL
Attest: Attest: (Contractor)
By:
CITY CLERK (Sign) By:
Sign / Title
Date: Date:
APPROVED AS TO FORM:
By:
CITY ATTORNEY (Sign)
Date:
August 29, 2022
26 CONTRACT DOCUMENT
PROJECT NO. JN 944
FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Gardena has awarded to ,hereinafter designated as the "Principal", a Contract for:
PROJECT: 170th Street Improvement Project – from Normandie Avenue to Vermont Avenue WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we,
as Principal, and
as Surety, are held and firmly bound unto the City in the sum of Dollars ($ ), this amount being not
less than one hundred percent (100%) of the total Contract price, lawful mon ey of the Unit ed States of America, for payment of which sum well and truly to be made we bin d ourselves, our heirs, executors, administrators, and succes sors, jointly and s everally, firmly by these presents.
In case suit is br ought upon this b ond, the S urety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATI ON IS SUCH THAT, if the hereby bounded Principal, his or its heirs, execut ors, administrators, successors, or assig ns, shall in all things stand to a nd abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Con tract and any alteration thereof, made as therein provi ded, all within the time an d in the manne r therein designated and in all re spects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
FURTHER, the Surety , for value recei ved, hereb y stipulates a nd ag rees that no change, extension of time, al teration, addition, or modificat ion to the term s of the Co ntract, or of the work to be perform ed thereunder, or t he specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any su ch change, ex tension of time, alteration, add ition, or modif ication to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provis ions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. 27 This bo nd shall remain in full force and ef fect for a warranty period of one full year after acceptance of the job by the City.
IN WI TNESS WHER EOF, three (3) identical counterparts of this in strument, eac h of which shall for all purpose s be deemed an original thereof, have been duly executed by th e Principal and
Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. [PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.
Signature
All signatures must be notarized.
Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.
Corporations must affix corporate seal.
28 CONTRACT DOCUMENT
PROJECT NO. JN 944
PAYMENT BOND
WHEREAS, the City of Gardena has awarded to ,as Contr actor, a contra ct for the work described as follows:
PROJECT: 170th Street Improvement Project – from Normandie Avenue to Vermont Avenue AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to sec ure the payment of cl aims of laborers, me chanics, materialmen and other person s, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of /00 ,
Dollars ($ ) this am ount being not l ess than one hundred percent (100%) of th e total Contract price, for which pay ment well an d truly to be m ade we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION I S SUCH THAT, if said Contractor, its heirs, executors, ad ministrators, successors, a ssigns, or subcontractors shall fail to pay any of th e persons named in Civil Code Sect ion 3181, or amounts due under the Unemployment Insurance Code with respect to work o r labor performed un der the contract, or any amounts requ ired to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of th e Contractor and its subcontr actors pursuan t to Section 130 20 of the Unemployment Insurance Code, or any other amounts due to persons und er any appli cable project contract or law, with respect to such work and l abor, then the Su rety or Sureties herein will pay for the same in an amoun t not exceedin g the sum specif ied in this bond, oth erwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be f ixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Further, the Surety, for value received, here by stipulates and agrees that no change, extension of time, alteration, addition, or modification to the ter ms of the Co ntract, or of t he work to be performed thereunder, or the spec ifications for th e same, shall in any wa y affect its obligations under this bond, and it does hereby wai ve notice of such cha nge, extension of ti me, alteration, addition, or modifica tion to the terms of the Co ntract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. 29 This bond s hall remain in full f orce and effect for six full months after the period in w hich verified claims may be filed as provided for in Section 3184 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 .
[PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.
Signature
All signatures must be notarized.
Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.
Corporations must affix corporate seal.
30 CONTRACT DOCUMENT
PROJECT NO. JN 944
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contra ctor shall execute the following f orm as require d by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Sect ion 3700 of the Labor Code which require every employer to be insured agai nst li ability for workers' compensation or to undertake self -insurance in accordance wit h the provisions of that Code, and I will comply with suc h provisions before commencing the pe rformance of the work of the Contract.
DATED:
CONTRACTOR
By
Signature
Title
ATTEST:
By
Signature
Title
31 CONTRACT DOCUMENT
PROJECT NO. JN 944
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
170th Street Improvement Project – from Normandie Avenue to Vermont Avenue Contract/Agreement/License/Permit No. or description:_________________________________________ ______________________________________________________________________________________ Indemnitor(s) (list all names):
To the fullest extent permitted by law, I ndemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and h old harmless the City o f Gardena and its respective elect ed officials, officers, attorneys , agents, employees, volunteers, successors, and assigns (collectively “Ind emnitees”) from and against any and all damages, costs, expenses, liabilit ies, c laims, dema nds, causes of action, proceedings, expenses, judgments, penalties, lie ns, and losses of a ny nature whatsoever, including fees o f accountants, attorneys, or other pr ofessionals and all costs associated therewith (collectively “Liabilities” ), ari sing or cla imed to arise, directly or i ndirectly, out of, in connection with, resu lting from, or rela ted to any act, failu re to act, error, or omission of Indemnitor or any of its officers, agents, serva nts, employees, subcontractors, materialmen, su ppliers or their officers, agents, serva nts o r employees, arising or claim ed to arise, directly or indirectly, out of, in connec tion with, resulting from, or related to the above -referenced cont ract, agreement , license, or permit (the “Agreement”) or the p erformance or fai lure to perform any ter m, pr ovision, covenant, or conditi on of the Agre ement, including th is indemnity provisio n. This indemnity provision is effective regardless o f any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shal l operate to fully inde mnify Indemnitees against any such negligence. This indemnity provision shall survive t he termination of the Agreement and is in addition to any other rights or remedie s which Indemnitees may have under the law. Pa yment is not requ ired as a condition pre cedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’ s right to recover under this indemnity provisi on. I ndemnitor s hall pay Indemnitees fo r any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be co nstrued to enco mpass (a) Indemnitees’ sole negligence or willf ul mis conduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent th at the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and a ll parties claiming under or through it, hereby waives all rights of subro gation and contribution against t he Indemnitees, while acting within th e scope of their duties, from all cla ims, losses and liabilities arising out of or incident to activities or op erations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent act ive or passive neglig ence by the Indem nitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
In the event th ere is more than one person or ent ity named in t he Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name_______________________________________ Name_____________________________________ By:_________________________________________ By:_______________________________________
TO BE SIGNED BY THE CONTRACTOR
32 CONTRACT DOCUMENT
PROJECT NO. JN 944
INSURANCE
CERTIFICATION OF INSURANCE (COI) SHALL BE SUBMITTED BY THE CONTRACTOR
1. COMMENCEMENT OF WORK . Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire per iod of this Contract, for any ex tensions hereto, and for periods after the end of this Contract as may be indicated below , Contractor must have and maintain in place not less than the insurance coverages required in this Section a t his sole cost and expens e. Contract or’s insurance shall comply with all items spe cified by this Contract. Any subcontractors shall be subject t o all of the requirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each subcontractor and provide i t to City before the subcontractor commences w ork. Alternatively, Contractor’s insurance may cover all subco ntractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the l iabilities and obligations assumed by Contractor under this Contract.
2. INSURANCE COMPANY REQUIREMENTS. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
3. COVERAGES, LIMITS AND POLICY REQUIREMEN TS. Contractor shall maintain the types of coverages indicated below:
4. COMPREHENSIVE GENERAL LIABILITY INSUR ANCE. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollar s ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.
5. COMMERCIAL AUTO LIABILITY INSU RANCE. A policy including all coverage s provided by and to the extent afforded by In surance Services Office form CA 0001, ed. 12/93, including Symb ol 1 (any auto) with no special limitations affecting City. The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.
6. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE . A policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. T he minimum coverage limits for said insurance shall be no less than one million doll ars ($1,000,000) per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy m ay not be canc eled without thirty (30) days pr ior written notice, return receipt requested, is mailed to City.
33 In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Co de, Contractor and every subcontractor will be required to secu re the payment of compensation of his or her employees, or obtain a certificate of consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.
In accordance with the p rovisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self -insurance in accordan ce with the provisions of that code, and I wil l comply with such provisions before commencing the performance of the work of this contract."
7. POLICY REQUIREMENTS. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
(i) City and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.
(ii) The insurer sh all agree to provide City with t hirty (30) days prior writ ten notice, return receipt requested, of any cancellation, non -renewal or material change in coverage.
(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed officers, employees, agents and voluntee rs. Any insurance or self - insurance maintained by City and its elected and appointed officers, employees, agents and vol unteers shall be excess of Contractor’s insura nce and shall not contribute with it.
(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
8. COURSE OF CO NSTRUCTION INS URANCE. Contractor shall provid e course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the insurer shall waive all rights of subrogation against the City. This policy shall be iss ued by an insurance compan y which is admitted to do business in the State of California a nd shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return r eceipt requested, is maile d to the City. Course of Construction Insurance may be provided for each separate Phase.
9. ADDITIONAL REQUIREMENTS . The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfi ll the indem nification provisions and requirements of this Contract. City shall not ify Contractor in writing of 34 changes in the insurance requireme nts. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorp orating such changes withi n sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.
10. DEDUCTIBLES. Any deductib le or self -insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option o f the City, ei ther: the insurer shall eliminat e or reduce such deductibl es or self -insured retentions with respect to City, its officer s, employees, agents and volunteers (with additional premium, if any, to be paid by Contractor); or Contracto r shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self-insured retentions.
11. VERIFICATION OF COMPLIANCE . Contractor shall furnish City with t he required endorsements attached hereto. All documents are to be received and approved by City before Work commences. Not less than f ifteen (15) days prior to the expiration date of any policy of insurance required by this Contract, Contracto r shall deliver to City a binder or certificate of insurance with respect to each re newal policy, bearing a notation evidencing payment of the prem ium therefore, or accompanied by other proof of payment satisfactory to City.
Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.
12. TERMINATION FOR LACK OF REQUIRED COVERAGE. If Contrac tor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension heret o, all require d insurance and coverage, City m ay immediately obtain such coverage at Contractor’s expense and/or terminate this Contrac t. Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employe es, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.
13. EQUIPMENT COVERAGE . Any policy or policies of insurance Contractor or his subcontractors elect t o carry as ins urance against loss or damage to construction equipment and tools or other personal property shall include a provision wa iving the insurer’s right of subrogation against City.
SP-i
170th STREET IMPROVEMENT PROJECT
FROM NORMANDIE AVENUE TO VERMONT AVENUE
PROJECT NO. JN 944
SPECIAL & TECHNICAL PROVISIONS
The following Special Provisions supplement and amend the "Standard Specifications for Public Works Construction", 2015 Edition. As a reference they have been arranged into a sequence, which parallels the arrangement of the Standard Specifications.
SP-
ii
SPECIAL & TECHNICAL PROVISIONS
TABLE OF CONTENTS
Page No.
PREFACE: STANDARD SPECIFICATIONS AND
STANDARD DRAWINGS SP-1
SECTION 1: TERMS, DEFINITIONS, ABBREVIAIONS UNITS OF
MEASURE AND SYMBOLS SP-1
1-2 Terms and Definition SP-1
SECTION 2: SCOPE AND CONTROL OF THE WORK SP-2
2-1 Award and Execution of Contract SP-2
2-1.1 Proposal SP-2
2-1.2 Examination of Plans, Specifications SP-2
and Project Site
2-1.3 Interpretation of Drawings and Documents SP-2
2-1.4 Award of Contract SP-2
2-1.5 Execution of Contract SP-3
2-1.6 Return of Proposal and Guarantee SP-4
2-5.2 Precedence of Contract Documents SP-4
2-9 Surveying SP-4
2-9.1 Permanent Survey Markers SP-4
2-9.2 Survey Service SP-5
SECTION 3: CHANGES IN WORK SP-5
3-3 Extra Work SP-5
3-5 Disputed Work SP-6
3-5.1 Retention of Imperfect Work SP-6
SECTION 6: PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK SP-6
6-1 Construction Schedule and SP-6
Commencement of Work
6-1.1 Construction Schedule SP-6
6-1.2 Commencement of Work SP-6
6-7 Time of Completion SP-7
6-7.2 Working Day SP-7
6-8 Completion and Acceptance SP-7
6-9 Liquidated Damages SP-8
SECTION 7: RESPONSIBILITIES OF THE CONTRACTOR SP-8
7-1 Contractor’s Equipment and Facilities SP-8
7.1.1 General SP-8
7-1.1.1 Contractor’s Responsibility for Work SP-8
7-1.1.2 Notice and Service Thereof SP-8
7-1.1.3 Warranty of Title SP-9
SP-
iii
7-2 Labor SP-10
7-3 Insurance SP-9
7-5 Permits SP-9
7-6 The Contractor’s Representative SP-9
7-8 Worksite Maintenance SP-9
7-8.1 General SP-9
7-8.4 Storage of Equipment and Material SP-10
7-8.4.1 General SP-10
7-8.4.2 Storage in Public Streets SP-10
7-9 Protection and Restoration of Existing SP-10 Improvements
7-9.1 Access to Private Property SP-10
7-10 Safety SP-10
7-10.1 Public Convenience and Safety Access SP-10
7-10.2 Street Closures, Detours, Barricades SP-11
7-10.2.1 Traffic Control SP-12
7-10.4 Safety SP-12
7-10.4.4 Hazardous Substances SP-12
7-10.4.4.1 Edison Energized Conductors SP-12
7-10.4.4.2 Emergency Provisions SP-12
7-14 Antitrust Claims SP-13
SECTION 8 FACILITIES FOR AGENCY PERSONNEL SP-13
8-2 Field Office Facilities SP-13
SECTION 9 MEASUREMENT AND PAYMENT SP-13
9-3 Payment SP-13
9-3.2 Partial and Final Payment SP-13
9-3.5 Work Performed Without Direct Payment SP-13
9-4 Dispute Resolution SP-13
9-4.1 Requests for Contract Adjustments and Relief SP-13 9-4.2 Dispute Avoidance and Resolution SP-14
9-4.3 Arbitration SP-14
9-4.4 Claims Disputes SP-14
SECTION 10 TECHNICAL PROVISIONS TP-1
10-0 Mobilization TP-1
10-1 Traffic Control TP-1
10-2 Excavation TP-2
10-3 Asphalt Pavement Removal TP-3
10-4 Concrete Removal TP-3
10-5 Base TP-3
10-6 Portland Cement Concrete TP-3
10-7 Concrete Sidewalks TP-4
10-8 Concrete Curb & Gutter TP-4
10-9 Concrete Curb Ramp TP-4
10-9.1 Detectable Warning Surface TP-5
TABLE OF CONTENTS – continued Page No.
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10-10 Curb Ramps (Modified) TP-6
10-11 Survey and Monumentation TP-6
10-12 Driveways, Approach, Alley Intersection,
Spandrels and Cross Gutters TP-6
10-13 Cold Milling TP-6
10-14 Crack Sealing and Pavement Preparation TP-7
10-15 Prime Coat TP-7
10-16 Asphalt Tack Coat TP-7
10-17 [Asphalt Concrete Pavement (AC) TP-8
10-18 Asphalt - Rubber Hot Mix (ARHM) TP-8
10-19 Pavement Compaction TP-8
10-20 Traffic Access and Rock Dust Blotter TP-9
10-21 Adjust Utility Access Openings TP-9
10-22 Traffic Markings and Raised Pavement Markers TP-9 10-23 Fire Hydrant Marking TP-9
10-24 Splicing TP-9
10-25 Loop Detectors and Lead-In Cable TP-10
10-26 Tree Removal TP-10
10-27 Tree Planting TP-10
10-28 Maintenance and Guarantee TP-10
10-29 Incidental Work TP-10
10-30 Inspections TP-10
10-31 Asphalt Tracking Prevention and Mitigation TP-11 10-32 Estimated Quantities TP-11
10-33 Submittals TP-11
10-34 Construction Water TP-11
10-35 Utilities Location TP-11
10-36 Battery Backup System TP-12
10-37 Roadside Signs TP-12
10-38 Touchless Accessible Pedestrian Push Buttons TP-13
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1 SPECIAL PROVISIONS
PROJECT NO. JN 944
PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS.
The Standard Specifications for Public Works Cons truction (“Green book”) written and promulgated by the Southern California Chapter of the A merican Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specificati ons of the City. All work shall conform to th e 2015 edition, including supplements of the Standard Specifications, the Special Provisions which supplement or modify the Standard Specifications, and the Stand ard Drawings as issued by the City (defined herein as “Agency”) available at the time bids are opened unless otherwise specified in the Contract Documents.
The above r eferenced Standard Specifications, Spe cial Provisions and Standard Drawings are hereby made a part of the Contract Documents.
For the convenience of the Contra ctor, the section an d subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications.
SECTION 1 - TERMS, DEFINITION,
ABBREVIATIONS, UNITS OF MEASURE AND SYSMBOLS.
1-2 TERMS AND DEFIN ITIONS. Whenever in the Standard Sp ecification the following terms are used, they shall be understood to mean and refer to the following:
(a) AGENCY The City of Gardena, a California municipal corporation.
(b) BOARD The City Council of the City of Gardena
(c) CONTRACT Documents including but not limited to the proposal forms, DOCUMENTS Standard “Greenbook ” Specifications, Special Provisions, Technical Provisions, Notice Inviting Bids, Instru ctions to Bidders, Bonds, Insurance, Contract an d all Adde nda
setting forth any modifications of the documents.
(d) ENGINEER The City of Gardena Director of Public Works/City Engineer or his authorized representative.
(e) BIDDER An individual, co-partnership, association or corporation submitting a pro posal for the wo rk contemplated, act ing directly or through a duly authorized representative.
(f) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the pla ce to whic h al l noti ces, l etters or other
communications to the Contractor shall be mailed or
delivered.
(g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work in volved in the contract.
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2 SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT.
2-1.1 Proposal. The proposal shall be fully executed and submitted on the forms pro vided by the Agency and shall be enclose d in a sea led envelope marked and addressed as directed in the “Notice Inviting Bids”.
If the proposal is made by an individual, it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co -partnership name by a gen eral partner thereof, who shall also sign his or her known name, and the name and address of each member of such co -partnership shall be given ; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.
Bidders a re warned against making e rasures or alteratio ns of any k ind on their Proposal.
Proposals which contain omissions, erasures, alterations, conditions or addit ions not called for may be rejected.
At the time the Contract is awarded by the Agency, the Contr actor shall be licensed under the provisions o f Chapter 9 , Division 3, of the Bu siness and Profes sions Cod e of the State of California to do the type of work contemplated in the Contract and shall b e skilled and regularly engaged in the general class or type of work required by this Contract.
2-1.2 Examination of Plans, Specification s and Project Sit e. Bidders shall read the specifications, review the drawings and examine the existing facilities to fully und erstand the project in order to plan for the imp rovements as shown in the contract, including local condition, uncertainty of weather and all other contingencies.
Bidders shall satisfy themselves by pers onal examination of the proposed work sites, and b y such other means as they may choose as to actu al conditions and requirements and as to the accuracy of the quantities stated i n the Proposal fo rms. Inf ormation derived fro m the maps, plans, specifications, profiles, drawings, or from the Engineer /Architect of the r ecord , shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the Agency.
2-1.3 Interpretation of Drawings and Doc uments. If a prospective bidder is in doubt a s to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpret ation or a correction thereof. Interpretat ions or corrections of the Contract D ocuments includin g the Spe cifications and Drawings, shall be made only by adde ndum duly issued by the Engineer, and a copy of su ch addendum will be sent by certified mail, post age prepai d, o r delivered to each person re ceiving a set of the Contract Documen ts whose address is known to the Engin eer and such addendum shall be considered a part of and incorporated in the Contract Documents.
2-1.4 Award of Contract . After the Propo sals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.
The Agency reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received.
Bids subsequently sho wn to be mathematically unbalanced would be rejected as nonresponsive.
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A mathematically unbalanced bid is one containing l ump sum or unit bid items which do n ot reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which h e/she anticipates for the performance of the items in question.
“A bid is mathematically unbalanc ed if the bid is structured on the basis of no minal prices for some work and inf lated prices for other work; that is, each element of the bid must carry its proportionate share of the total cost of the work plus profits.” “A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematic ally unbalanced b id will r esult in th e lowest ultimate cost to the Government.
Consequently, a materially unbalanced bid may not be accepted.” Award of the Contract, if it be awarded, will ordinarily be made by the Agenc y within 30 days after opening of the bids. Award will be made to the lowest responsive responsible bidder.
In selecting the lowest responsive responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder may be required to present evide nce that he has successfully performed similar wor k of comparable magnitude or submit other eviden ce satisfactory to the Agency that he or his a ssociates are competent to manage the proposed unde rtaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shal l be essential requirements. A showing of adequ ate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.
Only manufacturers or cont ractors of established reputation, or their duly a uthorized dealers or agency, having proper facil ities for the manufacture of the materials or equipment a nd for servicing same, or for proper execution of the work called for in the contract, will be consid ered in making the award.
2-1.5 Execution of Cont ract. A bid der whose proposal is accepted shall properly sign a written contract with the Age ncy on the form attached hereto an d return said co ntract together with good and approved bonds and insurance certificates as required by the Contract Documents within twenty-one (21) calendar days from the date of the mailing of a notice from the Agency to the bidder, according to the address given by him, of acceptance of his proposal.
Contract bonds and certi ficates of insurance, if required, shall be filed in all instanc es before delivering any equipment, materials, or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.
If a bid der whose pr oposal is accepted fails or refuses to enter i nto a contract a s herein provided, o r to confor m to any stipulated req uirement in conn ection the rewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with w hom the Ag ency enters into an agreement in acc ordance with the provisions of the Public Contract s Code Sec tion 20174. At the discretion of the Agency, an award may be made to the bidder whose proposal is nex t most acceptable to the Agency, and such bidder and his s urety shall fulf ill every stipulatio n embraced herein as if he were the party to whom the first award was made.
A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate ex istence, of its right to d o business in Califo rnia and of the authority of the officer signing the contract and bonds for the corporation to so sign.
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2-1.6 Return of Proposal and Guarantee . The check or bon d o f a bidde r to whom the contract has been awar ded will b e returned to hi m after all of the a cts, for th e performance of which said security is required, have been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids.
2-5 PLANS AND SPECIFICATIONS.
2-5.2 Precedence of Contract Documents. The order of precedence of contract d ocuments shall be:
FIRST Requirements of law, including the Code and Ordinances of the City of Gardena.
SECOND Permits from other agencies as may be required by law.
THIRD Permits from City of Gardena Departments as may be required by law or ordinance.
FOURTH The Contract.
FIFTH The Bid Proposal.
SIXTH Addenda.
SEVENTH Notice Inviting Bids.
EIGHTH Instructions to Bidders.
NINTH Technical Provisions.
TENTH Plans.
ELEVENTH Special Provisions of the Standard Specifications.
TWELFTH Standard Plans.
THIRTEENTH Standard Specifications for Public Works Construction (current edition).
FOURTEENTH Caltrans Standard Plans and Specifications.
FIFTEENTH Reference Specifications.
Change orders, supplemental agreements and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND and THIRD. Detailed plans shall have precedence over general plans.
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2-9.1 Permanent Survey Markers. The Construction Manager hired by the city shall be required to locate and tie out survey monuments in the project area. Contractor shall coordinate with the CM and ensure such work is undertaken prior to start of construction. 2-9.2 Survey Service. Unless otherwise provided in the Technical Provisions, establishing lines and grades for construction shall be the responsibility of the Contractor, with the follow ing provisions:
All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such sur veys, including construction staking, shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved.
The Contractor shall provide a copy of the office calculations and grade she ets to the Agency’s Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking.
Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor.
SECTION 3 – CHANGES IN WORK
3-3 EXTRA WORK. When work is performed on a "time and materials" basis, the following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:
1) Labor ......................................................... 20 2) Materials ......................................................... 15 3) Equipment Rental ....................................................... 15 4) Other Items and Expenditures .................................... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
2-9 SURVEYING
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3-5 DISPUTED WORK.
3-5.1 Retention of Imperfect Work . If any po rtion of the work done or materials furnished under the contract proves defective or not in accor dance with the specifications and contract drawings, and if the imperfection in t he same is not of s ufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work i s impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer , the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and recons tructed, but he shall make deduc tions there for in the payme nt of the contract item due Contractor as may be just and reasonable.
SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Sc hedule. The Cont ractor’s pr oposed construct ion schedule shall b e submitted to the Engineer within ten (10) working days aft er the date of the co ntract execution.
The schedule shall be supported by written statements from each supplier of m aterials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.
The Contractor shall include in his bid all costs to perform the work under this contract in stages.
The Contractor shall begin and complete work in each stage prior to starting work in subsequent stages unless previous permission is obtained from the Engineer. The contractor shall stage the work to allow parking on the next adjacent streets. Restricting parking on multiple adjoining streets shall require approval of the engineer.
6-1.2 Commencement of the Work. Prior to issuing the Notice to Proceed, the Engineer will schedule a preco nstruction meeting with the Contractor to review the propos ed construction schedule and delivery dates, arran ge utility coordination, di scuss construction m ethods and clarify inspection procedures.
The names, addres ses and telephone num bers of the Contrac tor and subcontractors, or their representatives, shall be filed with the Pub lic Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.
The Contract or shall also not ify the City of Garde na and the owners o f all utilities and substructures within the Project area n ot less than 48 ho urs prior to starting constructi on. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:
UTILITY COMPANY CONTACT TELEPHONE NO.
Southern California Edison Alan Mariano 310.783.9338
Southern California Gas Tech Services Planning: Attn - Lead Planner
310.687.2067
AT&T Raymond Dove 310.515.4257
Terence Little 626.817.4252
Gardena Police Dispatch 310.3237911
L.A. County Fire Dept. 310.323.7911
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UTILITY COMPANY CONTACT TELEPHONE NO.
Time Warner
Communications Stan Walker 310.618.9485
Sun ESYS Jim Hardisky 951.278.0400
Waste Resources of Gardena (Refuse) 310.366.7600
Golden State Water Co. Conde Ventura 310.436.6950 x201
Dave Cathcart 310.436.6951 x100
L.A. County Flood Control Daryll Chenoweth 626.458.3709 L.A. Sanitation District Jon Ganz 562.908.4288
Metropolitan Water District Civil Eng. Substructures Section 213.276.7634 Chevron Pipeline Al Super 714.228.1506
Underground Service Alert 800.422.4133
The Contractor shall submit periodic Progress reports to the Engineer by the tenth day of each month. The report sha ll include an updated C onstruction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-7 TIME OF COMPLETION.
6-7.2 Working Day. The Contractor’s worki ng hours shall be limited to the hours b etween 8:00 A.M. and 4:00 P.M., Monday through Friday except holi days. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection.
If the Contractor works beyond the allowed working hours without prior written approval from the Engineer, the Contractor may be ch arged Fi ve Hundred ($500) for each occurrence as required by the Engineer. The amount will be deduc ted from a progress payment or bond.
Contractor h ereby ackn owledges and s hall be required to co mply with the provis ions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day’s work. Contractor shall pay to the Agency a penalty of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor, or by any Subcontractor, for each calendar day during which such w orker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when paym ent for overtime is made at not less tha n one an d one -half (1 -1/2) times the basic rate for that worker.
In the event of either a requested or emergency devi ation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The servi ce fees will be deducted from any amounts due to the Contractor.
6-8 COMPLETION, ACEPTANCE, AND WARRANT Y. In add ition to the g uarantees as required in Section 2 -4 of th e Standard Specifications, the Faithful Performance Bond shall remain in full force an d effect for a peri od of one year after acceptance of the work by the Agency to insure that defects, whi ch may appear within said period, will be repa ired, replaced, or corrected by the Contractor, at his own c ost and expense, to the satisfaction of the En gineer SP- 8
within thirty (30) days after written notice thereof by the Agency. 6-9 LIQUDATED DAMAGES. The amount of liquidated dam ages is hereby amended to $1,200 for each consecutive calendar day.
SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
7-1.1 General.
7-1.1.1 Contractor’s Responsibility for Work. Until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof a nd shall, subject to the insurance protection furnished in accord ance with 7-3 hereof, bear the risk of accident, loss or damage to any part th ereof by action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Co ntractor shall rebuild, repair, restore and otherwise corre ct damages to any portion of the work occasioned by any of the above causes before its acceptance.
In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof. 7-1.1.2 Notice and Service Thereof . Any notice required or given by one party t o the other under the contract shal l be in writing and shall be dated and signed by the party gi ving such notice or by a du ly authorized representative of such par ty. Any such notic e shall not be effective for any purpose whatever unless served in the following manner:
Notice shall be given to the Agency by personal delivery thereof to the City of Gardena Engineer or by depo siting the same in the United States mai l enclosed in a sea led envelope, registered and with postage prepaid, addressed to:
General Services - Public Works Department
City of Gardena
1717 W. 162nd Street
Gardena, CA 90247-3778
Notice shall be given to the Contractor by personal d elivery thereof to said Contractor or to his authorized representative at the site of the pro ject, or by depos iting the same in the United States mail, enclosed in a sealed envelope address ed to said Contractor at t he address established for the conduct of the work under this Contract, postage prepaid and registered.
Notice shall be given to the Surety, or any ot her person, by personal delivery to sa id Surety or other person, or by depositi ng the same in the United S tates Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered.
Notification of Property Ow ners and Tenants - The Contractor shall notify each pr operty owner and/or tenant in the project area in writing five (5) working days prior to the start of construction.
If pedestrian or vehicular access to private property is to be blocked, the Contracto r shall again notify each p roperty owner and/or tenant in writing f ive (5) working day s prior to construction activities. The Contractor shall provide additional notices when a lapse time occurs during each phase/segment work.
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The written notice shall b e submitted t o the Engineer for approval prior to bei ng delivered.
7-1.1.3 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier.
The Contractor warrants clear and good title to all materials, supplies and equipmen t installed and incorporated in the work, and agrees upon comple tion of all work to deli ver the premises, together with all improvements and appurtenances constructed or placed thereon b y him to the Agency free from any clai ms, liens, encumbrances or charg es, and further agrees that neither he nor any person, firm or c orporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premi ses or any improveme nt or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of u tility companies the title of which is c ommonly retained by the utility company. Nothing containe d in this section, h owever, shall defeat or impair the right of such persons furnishing mater ials or labor under any bond given by the Contractor for their protection, or any right under any law per mitting such persons to look to funds due the Contractor, which are in the hands of the Agency.
The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provi sions shall be given to all persons fur nishing materials for th e work when no formal contract is entered into regarding such materials. 7-3 INSURANCE. Refer to the Contract Documents Section, CD-10, for detail requirements. 7-5 PERMITS. The Contractor will obtain, at no cost to the Agency, all permits necessary to perform the work on streets, highways, railways or o ther rights-of-ways. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to those permits required for night work, overload, b lasting and demolition. For pr ivate contracts, the Contractor shall obtain all permits incidental to the work or made necessary by its operations, and pay all costs incurred by the permit requirements.
The Contractor and each subc ontractor employed upon the work mu st have or obtain a valid City of Gardena Business License in accordance with the provisions of the Gardena Municipal Code.
7-6 THE CONTRACTOR’S REPRESENATIVE. The Contractor shall furnish the Engineer with the name, ad dress and cell/ business/home telephone numbers of the pe rson responsible for the maintenance of barricades, traffic control signs, lights and other safety devices. 7-8 WORK SITE MAINTENACE.
7-8.1. General. The Contractor shall keep the work site clean and free from rubbish and debris.
The Contractor shall aba te dust nuisance b y cleaning, sweeping and sprinkling with water in keeping w ith the AQMD and NPDES requirements. Debris, soil or oth er matter shall not b e washed into storm drains but shall be c ollected and disposed of in a legal, responsible manner.
The construction area shall be cleaned with a power sw eeper at the end of every workday and when deemed necessary by the Engineer.
The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in pav ed areas. Use temporary san dbags to c ontrol the site perimete r. At the completion of the project sandbags shall become the property of the City of Gardena and shall be remain in place.
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The Contractor shall not spill on haul routes. Any such spillage shall be removed immediately and the area cleaned.
Stockpiling of construction materials or deb ris on Ci ty right-of-way shall be in accordance with the NPDES permi t and shall be approved by the inspector. A t the c ompletion of work , the Contractor shall thoroughly clean all work areas.
7-8.4 Storage of Equipment and Material.
7-8.4.1 General. All costs associated with the disposal of all excavat ed or demolition materials, including any gate fees, shall b e paid by the Contractor . These costs shall be included in th e bid price for the applicable bid items.
Prior t o any excavated or demolition material bein g removed from the construction site the Contractor shall notify the City as to the hauling route and destination for disposa l. If the location for disposal is other than a county landfill then the Contractor shall provide the City with written permission and release of liability for the City fr om the owner of the property where the material will be deposited.
The City has an exclusive agreement with Waste Resources, Inc. and no other firm may provide bulk trash bins in the event the work requires this service. 7-8.4.2 Storage in Public Streets . Construction equipment shall not be stored at the construction site, any public s treet or publicly ow ned facilities without approv al of the City .
Contractor shall store equipment at a contractor’s rental yard.
All excavated material that is to be haul ed to and disposed of at a County landfill site by the Contractor is subject to a County gate fee based on tonnage. 7-9 PROTECTION AND RE STORATION OF EXISTING IMPROVEMENTS. Any facilities, structures, water lines, landscaping, surfaces, signs, pavement markings, painted curbs, house numbers, etc., which are damaged during construction shall be restored to the satisfaction of the City. Damaged water lines shall be repaired immediately at no additional cost to the city. 7-9.1 Access to Private Property . The Contractor shall be aw are that business and residential access must be maintained at all times. The Contractor shall schedule operations to minimize interference with access to private property.
The main access way to any busi ness or hom e shall not be completely blocked for more than one four-hour period a day except blockage shall be limited to one twe nty-four (24) hour period when concrete is poured.
Temporary access ways shall be p rovided from the street to the main access way of all businesses and homes by use of traffic rated steel plates or any other method approved by the city.
Payment for this item shall be included in the applicable contract work item. 7-10 SAFETY
7-10.1 Public Convenience and Safety Access. The Contractor shall provide te mporary “No Parking” and all other signs which are necessary for the safe and orderl y conduct of vehicular traffic as dire cted by the Engi neer and as specified herein. Contractor shall also provide an SP- 11
approval barricaded area in the parking lane for pedes trian traffic during such time as the parkway is unfit to be used for pedestrian traffic.
At such times as driveways are inaccessible due to the Contractor’s work, they shall be blocked by two (2) Class II barricad es or one (1) Class II barricade and two (2) delineators. Driveways that are ramped or planked for t emporary access shall be provided wit h a barric ade or delineator at each side. The Contractor shall give 24-hour notice to affe cted property owners prior to blocking any driveway.
The Contractor shall provide access for refuse collection on the regularly scheduled days. He shall also facilitate or assist in the collection where such work is hampered by his operations. 7-10.2 Street Closures, Detours, and Barricades. The Contractor shall not cl ose any street within the City of Gardena without first o btaining the approval of th e Eng ineer. Ba rricading, traffic control and detour d iagrams in connection with street closures shall be submitted by the contractor as required by the Engineer.
The Cont ractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the Ca lifornia Manual of Temporary Traffic Controls or W.A.T.C.H. Handbo ok. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed b y t he Engineer. All traffi c sig ns and devices shall also conform to the California Manual of Temporary Traffic Controls or W.A.T.C.H.
Handbook.
The Contractor shall provide and maintain Type II barricades along excavation edges parallel to the flow of tr affic at a maximum spacing of twenty-five feet. Type II barricad es mounted with flashers sha ll be inst alled around work areas in p arkways. Type II barricade s shall have alternating reflective orange and reflective white stripes at an angle of 45 degrees. The strip width shall be in a ccordance with Table 5 -1 “Barricad e Characteristic s” “Manual o f Traffic Controls for Construction and Maintenance Work Zones”.
During paving operations , barricades may be supplemented with minimum size eighteen -inch high tr affic cones and delineators such that spac ing between barricades a nd/or cones or delineators is no greater than twenty feet. Traffic cones and delineators used within State right- of-way shall be a mi nimum size of twenty -eight inches high. At all access p oints such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a “Road Closed” sign s hall be provided at the near est prior intersection. “No Left Turn” signs shall be provided wherever required by the Engineer.
When one-way access from a side street or alley is permitted, barricades and cones shall be provided at five -foot intervals for a distance of fifty feet on either side of the centerline of the intersecting street, or alley.
Should the Contract or fa il to furni sh a suf ficient number of t raffic and/or pedestrian safety devices, the Agency will place such necessary items and the Contr actor shall be liable to the Agency for providing such devices in accordance with the following provisions:
1. For placing of barricades: $5.00 per barricade for the first day or any part thereof and $2.00 per barricade, per day, for each day thereafter or any part thereof. For flashers: $2.50 per flasher for the first day or any part thereof and $1.00 per flasher, per day, for each day thereafter or any part thereof. For traffic cones:
$1.00 per cone for each day or any part thereof.
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2. In the event that the services of the Agency are required between the hours of 5:00 P.M. and 8:00 A .M., during the normal week or at any t ime on Satu rday, Sunday or a Agency holiday, there shall be an additional charge to the above set forth minimums of $188.00 for each service trip required.
Contractor shall rel ocate, preserve and main tain the visibil ity of all e xisting si gns within t he project limits which affect the flow of traffic, as directed by the Engineer. An y signs which are damaged or found to be missing during the course of construction s hall be replac ed by the Contractor at his expense as d irected by t he Engineer. All othe r signs that int erfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the Agency . T raffic control signs inc lude Stop Sign s, Speed Limit, Parking Restrictions and other regulatory signs.
7-10.2.1 Traffic Control. See Section 10 - Technical Provisions. 7-10.4 Safety.
7-10.4.4 Hazardous Substances. As required by Public Contract Code Section 7104, i f this Contract involves digging trenches or other excavations t hat extend deeper than four (4) feet below the surface, Contractor shall p romptly, and prior to disturbance of any conditions, notify the Agency of: (1) any material discovered in excavation t hat Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subs urface or latent physical conditions at t he site differing from those indicated by the Agency; and (3) unknown physica l conditions of an unusu al nature at the site , significantly different from those ordinarily encountered in such contract work. Upon notification, the Agency shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the Contract but shall retain all rights provided by the Contract and by law for making protests and resolving the dispute. 7-10.4.4.1 Edison Energized Conductors. Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilized only qualified persons, as hereinafter defined, to work in
proximity to Edison’s secondary, primary and transmission facilities. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows:
“Qualified Person: A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.” Contractor further promises and agrees that the provisio ns of t his section shall be and are binding upon any subcont ractor or subcontractors that may be retained by it, and that Contractor shal l take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section. 7-10.4.4.2 Emergency Provisions. Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the servi ce required of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the Agency, an emergency exists of which the Agency is aware and against which th e Contractor has not taken sufficient precaution for the saf ety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the Agency, immediate action shall be SP- 13
considered necessary in order to protect publ ic or private personnel or property interests, or prevent likely loss of huma n life or damage on acc ount of the opera tions under the Contract, then in that event the Agency may provide suitable protection to said interests by causing such work to be done a nd material to be furnished, as in the opinion of the Agency may seem reasonable and necessary, all at the expense of the Contractor. 7-14 ANTITRUST CLAIMS. By entry into this Contract, Contractor hereby acknowledges the terms of Section 7103.5 of the Pub lic Contract Code and hereby offers and agrees to assign to the Agency all rights, title and interest in all causes of action it may have as outlined above.
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. The Contractor shall provide the class of field office indicated below:
□ Class "A" □ Class "B" □ Class "C"
In the eve nt none of the boxes are marked above, no specific field of fice will be required, and the use therefor of any field office will be at the Contractor's discretion. The location of any field office shall be a s provided on the plans, in these Specifications or as designated by the Engineer.
SECTION 9- MEASUREMENT AND PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. The closure date for periodic progress payments will be the twenty-fifth day of each m onth. Authorization to pay i s commonly received on the tenth day of the following month. However, payments will be with held pending receipt of any outstanding reports required by the Contract Documents.
9-3.5 Work Performed Without Direct Payment. Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such w ork, equipment, labor, tools and materials shall be provided without extra charge, allowan ce, or direct payment of any kind.
The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the Propo sal and no additional c ompensation will be pa id therefor.
9-4. DISPUTE RESOLUTION.
9-4.1 Requests for Contract Adjustments and Relie f. If either Contractor or the Agency believes that it is entitled to relief a gainst the other for any even t arising out of or related to the work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prio r to incurring any cost or expen se and in accordance with any specific notice requirements contained in the applicable sections of this Contract.
In the a bsence of any specific notice requirement, written n otice shall be given within a reasonable time, not to exceed fourteen (14) days, after the occurrence giving rise to the claim for relief or aft er the claiming party reasonably should have recognized the event or condition giving rise to the request, which ever is later. Such notice shall include suffici ent information to advise the ot her p arty of th e circumstan ces giving ri se t o the claim for rel ief, the specific SP- 14
contractual adjustment or relief requested and the basis of such request. 9-4.2 Dispute Avoidance and Resolution . The parties are fully committe d to work ing with each other throughout the Project an d agree to co mmunicate regularly wit h each other at all times so as to avoid or minimize dispute s or disagreements. If disputes or disagreements do arise, Contractor and the Agency each commit to resol ving such disputes or disagreements in an amicable, pr ofessional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the work under the Contract.
Contractor and the Ag ency w ill first attempt to resolve dis putes or disagreements at the field level through discussions between Contractor’s Representative and the Engineer.
If a dispute or disagreement cannot be resolved through the Contractor’s Representative an d the Engi neer, Contractor’s Chi ef Execut ive Office r or similar senior representative and the Gardena City Manager, or designee, upon the request of the other party, shall meet as soon as conveniently possible, but in no case later than twenty (20) days af ter such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meeting between the part ies’ senior representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement.
If, after m eeting, the senior representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both pa rties, the parties may submit the dispute to binding or non-binding mediation. The mediation shall be conducted in any manner and by any person or mediation association mutually acceptable to the parties. 9-4.3 Arbitration. Any claims, disputes or controversies between the parties arising out of or relating to the Contract, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 9-4.2 above may be decided by binding or non -binding arbitration. The arb itration shall be conducted in any manner and by any person or arbitration association mutually acceptable to the parties.
9-4.4 Claims Disputes. Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in accordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the claim, a contracting public entity shall conduct a r easonable review of the claim and, within a period not to exceed 45 days [ex cept as otherwise provided in Section 920 4], shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, Section 9 -4.3 shall apply. If th e contractor disputes the public ent ity’s written response, or if the public entity fails to re spond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon r eceipt of a demand in w riting sent by registered mail or certified mail, return rec eipt requested, the public entity shall sc hedule a m eet and confer conference within 30 days for settlement of the dispute. Within 10 business days following t he conclusion of the meet and confer conference, if the claim or any portion of the claim remain s in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 SP- 15
days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in wr iting, shall be submitted to nonbinding mediation, with the public entity and the contractor sha ring the associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has b een identified in writi ng. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each par ty shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.
END OF SPECIAL PROVISIONS
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SECTION 10 - TECHNICAL PROVISIONS
PREFACE: All work and materials shall conform to the "Standard Specification for Public Works Construction", 2015 edition, except as modified by the contract and these Technical Provisions. 10-0. MOBILIZATION.
Mobilization shall include preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site for the establishment of all facilities necessary for work on the project and for all other work and operati ons which must be performed or costs incurred prior to beginning work on various Contract items on the project.
Demobilization shall include all work and operations necessary to perform final clean -up, moving personnel, equipment, supplies, and incidentals from the project site, removing all offices and other faci lities that were necessary for work on the project, and all other work that must be performed or costs incurred prior to final acceptance of the work.
The Contractor shall furnish equipment suffici ent to execute the work within the period allowed in the approved schedule.
The Contractor shall promptly demobilize equipment no longer needed to perform the work.
All facilities (equipment, materials, etc.) required for Contractor’s use shall be furnishe d and maintained by the Contractor at the locations designa ted on the Contract Drawings or as directed by the Engineer. The City does not permit storage of Contractor facilities (equipment, materials, etc.) in street right of way during non-working hours.
The Contractor shall furnish and maintain adequate number of portable sanitary facilities throughout the project duration for use by their own personnel and Subcontractors.
The security of all materials and equipment in the Contractor storage area shall b e the responsibility of the Contractor. The City of Fullerton is not liable for any theft or damage to materials or equipment in Contractor’s storage area.
All costs for mobilization and demobilization work shall be included in the contract Lump Su m price for Mobilization, and shall include full compensation for all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the Plans and as specified in these Specifications, and no additional payment will be allowed therefore. Progress payment for this item shall be based on the percentage of completed work under this item, at the time of billing.
10-1. TRAFFIC CONTROL.
A minimum of one lane shall be maintained at all times for a continuous flow of traffic, except as otherwise approved by the Engineer. The Contractor shall maintain ingress / egress for all streets, alley, park and driveways, except when work is required in front of the street, alley or driveway.
The Contractor shall provide two (2) Traffic Advisor Portable Changeable Messag e Signs, o ne week prior to th e start of construction. The message text will include “MAJOR CONSTRUCTION ON 170TH ST” and start date. The Contractor shall be responsible for providing moving and programming of the changeable message signs Lane closures shall be allowed between 8:00 a.m. and 4:00 p.m. only. No traveled lane shall be closed overnight without prior City approval. Access to private property shall be maintained at TP-2
all times.
"Temporary No Parking " signs shall be posted n o more than 100 feet apart at least 7 2 hours prior to work. The signs shall be mounted on either 1” x 2” X 3’ high wood stakes, Typ e I I barricades, or 39-inch-high delineators. Signs shall not be posted on trees, traffic signal pol es, utility poles, street lights, or any other street furnitur e. Signs shall be professionally made of moisture-resistant, heavy-duty cardboard or other appr oved material. "Temporary No Par king" signs shall be maintained by the contractor at all times and shall be approved by the E ngineer prior to posting. Cover existing street signs as directed by the Engineer. "Temporary No Parking" signs shall be implemented for one week only (M -F) at a time. Signs shall be removed and reposted each week as needed and approved by the City.
DURING PAVING OPERATIONS, THE CONTRA CTOR SHALL PROVIDE INDIVIDUALS AND EQUIPMENT DESIGNATED TO PERFORM AND MAINTAIN TRAFFIC CONTROL ONLY. The Contractor shall furnish, place and maintain all temporary traffic control devices requ ired for the safe and orde rly flow of vehicular and pedestrian traffic during construction. All Traffic control shall co nform to the latest California Manua l on Uniform Traffic Control Devices (California M.U.T.C.D.) or Work Area Traffic Control Handbook (W.A.T.C.H. Handbook).
If traffic co ntrol measures are not in conformanc e with these provisions, the project shall be stopped until conformance is attained to the satisfaction of the Engineer.
At lo cations where excavations are left open overnight, flashing barricades shall be placed along the excavation at a maximum spacing of 20 feet. A mi nimum of 3 flashing barricades shall be placed at any one excavation.
Temporary stripi ng will be permitted on ly on base course and pavement to be over laid.
Temporary pavement markings to be placed on n ew asphalt shall be spaced at 25 ft maximum and shall be removable without damage t o the new ov erlay. Method of tempor ary markings shall be submitted to the Engineer for approval at the preconstruction meeting.
The Contractor shall submit and obtain written approval of traffic control plans from the Engineer five (5) working days prior to implementing.
Temporary lane cl osures shall be allow ed du ring working hours specified in these Technical Provisions. Temporary lane closures maintained beyond the norm al working hours may have a negative economic effect on the local residential, commercial/industrial business, and trav eling public. Unless the Contractor secures prior written approval from the Engineer to maintain temporary lane closures beyond the working hours allowed, the Engineer may deduct a fee from a progress payment or bond for each temporary lane closure maintained beyond the allowed working hours. The fee will be accessed at a rate of Five Hu ndred ($500) dollars per each travel lane per each thirty (30) minute interval, or fraction thereof as required by the Engineer. In no event will work be allowed past 5:00 p.m.
Payment for “Traffic Control” shall be at the contract lump sum price for all the items specified above and includes, but not lim ited to, advisory signing, removal and relocation of existing signage, temporary lane markings, construction restriping and removal, warning signs, delineators, barricades, flagmen, safety equipment, maintenance of traffic control, resident and business notifications, all labor, materials, tools, incidentals necessary, and preparation of traffic control plans. Progress pay ment for this item shall be based on the percentage of work under this item completed at the time of billing.
TP-3
10-2. EXCAVATION.
Payment for excavation shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-3. ASPHALT PAVEMENT REMOVAL.
The edges of asphalt pavement remaining in place shall be sawcut and shall have clean, sol id vertical faces. The edges of asphalt pavement broken during construction shall be resawn and removed before surfacing material is placed at the expense of the Contractor.
All edges shall be parallel or perpendicular to c urb faces except cuts around objects shall be on a curvilinear cut, a maximum 4 inches departure from the straight cut every 2 feet.
Payment for asphalt pavement removal shall be considered incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-4. CONCRETE REMOVAL.
Concrete to be removed sha ll be sawcut to a minimum depth of 5 inches at score marks or as marked by the City. Sawed edges, broken or chipped during construction shall be resawn at the contractor's expense. Increase in concrete quantity due to resawing shall not be considered for payment. Upon concrete removal, the City Par ks Superintendent shal l be informed to check and approve all roots to be removed. If he determines the tree cannot be saved, removal and planting of a new tree shall be per unit cost.
All edges shall be parallel or perpendicular to curb faces except cuts around objects shall be on a curvilinear cut, a maximum of 4 inches departure from the straight cut within every 2 feet. The edges of Portland ceme nt concrete remaining in place shall be sawcut and shall have clean, solid vertical faces.
Concrete removed shall be replaced wi thin five (5) days after removal . All restorations shall be completed a maximum of five (5) days after concrete placement (i.e . backfill, grading of dirt, asphal t repave etc.) One Hun dred dollars ($100) per calendar day and location shall be charged to the Contractor for failure to comply with the above schedule as required by the Engineer.
Payment for concrete removal shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-5. BASE.
The Contractor shall fur nish Certified Weight Tickets for mate rial delivered to the job s ite and deliver it to the Engineer or his representative before the end of the working day.
The City may hire a qualified soils engineer to perform all tests. If the material furnished by t he Contractor fails any tests, the Contractor sha ll remove said m aterial and shall complete the construction of the base with material acceptable to the Engineer at no extra cost to the City.
Payment for base material shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.
TP-4
10-6. PORTLAND CEMENT CONCRETE.
Concrete shall be 520 -C-2500 for cur b and gutter, sidewalks, spandrels, cross-gutters, curb ramps, and driveways. Curing compound shall be Type 2 (if required). 10-7. CONCRETE SIDEWALKS.
Concrete side walk construction shall include removal and disp osal of existing interf ering structures, tree ro ots, objects, soil, etc. Contra ctor shall remove and replace any inade quate existing base material with compacted CMB.
Any damaged utility boxes, tra ffic signal pull boxes, etc., shall be replaced. All box es shall be adjusted to grade and all costs for this work shall be incidental and included in this item of work.
Payment for Remove and Construct Concrete Sidewalk shall be made at the contract unit price per square foot and shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complete all work, including but not limited to, subgrade preparati on, placement and finishing PCC complete-in-place, and no additional compensation will be allowed therefore.
10-8. CONCRETE CURB & GUTTER.
Concrete curb and gutter co nstruction shall include removal and disposal of existing interfering structures, objects, soil, etc.
Curb & gutter to be replaced shall be installed at the same location as the existing on a straight grade across the limits of the replacement.
Payment for Remove and Construct Curb and Gutter (8” CF) shall be made at the contract unit price per linear foot and shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complete all work, including but not limited to, removal, disposal and construction of adjacent 2-feet wide asphalt hot mix paving (C2 PG64 -10) over 6-inch thick C.A.B., subgrade preparati on, placement and finishing PCC complete -in-place, and no additional compensation will be allowed therefore.
10-9. CONCRETE CURB RAMP.
Curb Ramp construction shall include removal and disposal of interfering structures, objects and soil. Ramp shall be 4" thick concrete over 6" thick C.A.B.
Included in this construction is the adjustm ent and protection of sweeps , conduits, pull boxes, utility access fr ames and covers to finished grade and protectio n of traffic detectors, stub -outs and homeruns. Traffic detector s damaged by the Contractor's oper ations shall be replaced at the Contractor's expense.
At locations w here stree t lighting or traffic signal poles encroach into the curb ramp to be installed, concrete pedestals shall be constructed between finished grade and pole bases.
Concrete shall be sawcut along all removal lines. The locations for access ramps are shown on the plans. The Contractor is responsible for inspecting each location prior to submitting a bid.
The Contractor shall have five working days to complete the access ramp construction at each location. Otherwise, interim l iquidated damages will be assessed in the amount of $250 for every calendar day beyond the fifth day. Day one will be considered as the start of the removal of the existing improvements at each location.
TP-5
Access ramp limits shall be understood to be contained AT A MINIMUM within a radial line from the BCR (beginning of curb return) to a radial line at the ECR (end of curb return), and to be a minimum width as existing adjacent sidewalk width. In the event that an existing sidewalk joint be located three (3 ) feet or less to either radial line of the curb return, then the sidewalk panel from the radial line to that joint shall be replaced as well and shall be included in the cost of the curb ramp and no additional compensation will be allo wed therefore. Ramp shall be poured separately from curb and gutter (min. 24hrs after curb and gutter).
The Contractor shall verify, with a “smart level”, that maximum ramp and sidewalk grades do not exceed maximum grades indicated on the project plans, when marking the requ ired saw cut removal limits and when setting the concrete forms, prio r to pouring any curb access r amp locations. It shall be the Contractor’s responsibility to supervise and utilize the proper experienced personnel to ensure that the proper saw cut limits are established for all access ramp locations and the Engineer shall not be responsible to direct the Contractor’s crews or otherwise serve in this management capacity. The Engineer shall be present to verify the concrete forms, prior to the Contractor pouring any PCC construction improvements for the curb access ramp.
The Contractor shall be respons ible to layout the proposed access ramp to comply with the maximum grades indicated on the project plans. Limits of the new access ramp shall be reviewed and approved by the Engineer prior to saw cutting. Typical construction tolerances to construct the ne w access ramp shall not apply and maximum grades indicated on the project plans shall not be exceeded. The Contractor shall be responsible to remove and rec onstruct access ramps at his own cost if ramps are deemed non -compliant with the project plans , the Special Provisions and these Technical Provisions.
Where the type of access ramp includes a retaining curb at the back of access ramp to make up for a diff erence in elevation between the existing grade and access ramp grade, the construction of said retaining curb shall be considered as part of the access ramp work.
The access ramp construction work shall include protection of traffic signal poles and signs that fall within the proposed access ramp construction limits.
Special Note To Contractor:
Prior to constructing a curb ramp where physical site constraints do not allow the access ramp construction to fully meet the requirements/standard plans as indica ted on the project plans, the Contractor shall so notify the Engineer for direction in advance of construction.
Payment for Remove and Construct Concrete Curb Ramp shall be made at the contract unit price per Each and shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complet e all work, including but not limited to, removal, disposal and construction of adjacent curb & gutter, sidewalk, spandrel, cross gutter, and 24 in. wide h ot mix asphalt paving (C2 PG64-10) over 6 in. thick C.A.B. , subgrade preparation, placement and finishing PCC complete -in-place, installation of cast -in-place detectable warning surface , all retaining curbs, scoring patterns and groovi ng, protecting existing improvements within and adjacent to the work and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans and no additional compensation will be allowed therefore.
10-9.1. DETECTABLE WARNING SURFACE.
TP-6
All curb ramps shall contain detectable warning surfaces. The detectable warning surface required for a ll curb ramps within the project limits shall be cast-in-place or installed as otherwise approved by the Engineer. Detectable warning surface to be manufactured by Armor Tile Systems (800) 682 -2525, www.armor-tile.com or approved equal. The color of the detectable warning shall be yellow. The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound on cane acoustic quality, or deterioration of the detectable warning surface. The warranty period shall commence on the date of acceptance. Detectable warning surface shall be installed in conformance with the project plans, the Special Provisions, these Technical Provisions and the manufacturer’s recommendations. The finished surface shall be free from blemishes.
The Contractor shall submit to the Engineer for review the following items:
A. Product Data: Submit manufacturer’s literature de scribing products, installation procedures and routine maintenance.
B. Samples: Submit two tile samples of the kind proposed for use (minimum size 6” by 8”).
C. Materials Test Reports: Submit test reports from qualified independent testing laboratory indicatin g that materials proposed for use are in com pliance with requirements and meet the properties indicated. All test reports shall be conducted on a cast-in-place tactile tile system as certified by a qualified independent testing laboratory.
D. Maintenance Ins tructions: Submit copies of manufacturer’s specified maintenance practices for each type of tactile tile and accessory as required.
Payment for Retrofit Existing Curb Ramp and Install Detectable Warning Surface shall be made at the contract unit price per each and shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complet e all work, including but not limited to, removal and disposal of existing concrete surface to install cast-in-place detectable warnin g surface and for completing all work involved as specified herein, and as shown on the project plans and no additional compensation will be allowed therefore.
10-10. CURB RAMP (MODIFIED).
Curb ramp shall be p er Section 18, except concrete spandrel shall be sawcut 6" from curb face and minimum asphalt replacement will be required, if any.
10-11. CONSTRUCTION SURVEY.
The Contractor shall provide all construction surveying to complete the project. All survey work shall be performed by a Land Surveyor registered by the State of California. Work shall be laid out and constructed so as to provide smooth profiles to adjacent improvements and drainage of all surfaces.
Payment for construction survey shall be made at the contract lump sum price and no additional compensation will be allowed therefore.
10-12. DRIVEWAYS, A PPROACH, ALLEY INTERSECT ION, SPANDRELS AND C ROSS GUTTERS.
Construction shall include removal and disposal of interfering structures, objects and soil.
Removal, disposal and construction of adjacent 2 -feet wide hot mix asphalt paving ( C2 PG64- 10) over 6-inch thick C.A.B. shall be included.
TP-7
Payment for Remove and Construct Concrete Spandrels and/or Cross Gutter shall be made at the contract unit price per square foot and shall include full compensation for all labor, materials, tools, equipment, and inciden tals necessary to complete all work, including b ut not limited to, subgrade preparation, placement and finishing PCC complete -in-place, and no additional compensation will be allowed therefore.
Payment for Remove and Construct Driveway (12' Maintenance Driveway) shall be made at the contract unit price per square foot and shall include full compensation for all labor, materials, tools, equipment, and incidental s necessary to complete all work, including b ut not limited to, subgrade preparation, placement and finishing PCC complete -in-place, and no additional compensation will be allowed therefore.
10-13. COLD MILLING.
Payment for cold milling pavement shall be according to the square feet of surface approved for milling irrespective of the actual area milled, the depth of milling, the number of passes required, or the pavement material milled. There will be no compensation for over milling.
Any presence of pa vement fabric, pet romat or irregular material in the existing asphalt pavement section shall be included in the bid i tem price for "cold mil ling" and no extra payment shall be made.
Areas of distorted pavement shall also be cold milled to a smooth uniform surface.
COLD MILLED AREAS SHALL NOT REMAIN UNPAVED OVER MORE THAN ONE WEEKEND.
NOTE: ON LOCAL RESIDENTIAL STREETS, COLD MILLED AREAS SHALL NOT REMAIN UNPAVED OVER MORE THAN ONE DAY; ALL COLD MILLED AREAS SHALL BE PAVED THE FOLLOWING DAY.
10-14. CRACK SEALING AND PAVEMENT PREPARATION.
Existing pavement cracks, joints, spalls and cracks arou nd utility patches, shall be se aled as follows:
Cracks, Joint Widths Required Sealing Method
1/4 " to 1/2 " Rout to 1/2" wide, 1/2 " deep
Fill with Sealant*
1/2" to 3/4" Fill with sealant*
Greater than 3/4" Fill with hot mix asphalt paving (F-AR4000) * Use Type "D" joint sealant to seal P.C.C. to be overlaid with asphalt use Type "A" sealant (color to match existing P.C.C.) in P.C.C., which is not to be overlaid.
All loose material shall be remov ed from cracks and joints and an approved herbicide shall be applied prior to sealing.
Cracks shall be filled flush with the road surface. Excess material shall be removed.
Sealant shall be applied according to the manufacturer's specifications, which shall be furnished to TP-8
the Engineer at the preconstruction job meeting.
Payment for crack sealing and pavement preparation shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.
10-15. PRIME COAT.
Prime coat shall be applied to all subgrade surfaces prior to asphalt hot mix surfacing.
The prime coat shall be Grade SC-250 liquid asphalt uniformity per Green Book requirements.
Payment for prime coat shall be incidental and incl uded in the bid item of work for which it is required, and no additional payment will be allowed therefore.
10-16. ASPHALT TACK COAT.
Asphalt tack coat shall be applied to all existing asphalt surfaces prior to asphalt overlay.
Existing surfaces shall be cleaned utilizing a power sweeper and free of water prior to applying PG 64-10 or SS-1h asphalt tack coat per Green Book requirements. Tack coat shall uniformly cover all areas to be paved.
Payment for asphalt tack coat shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.
10-17. ASPHALT CONCRETE PAVEMENT (AC) BASE REPAIRS.
GENERAL: This work shall consist of grinding, removing and disposing of existing pavement; the preparation of subgrade and furnishing, spreading, placing and compacting of materials for deep lift AC base course repairs to the thickness as shown on the project plans and as directed by the Engineer. This work shall also consists of applying paint binder (tack coat) to all vertical and horizontal surfaces to be joined by new pavement. Placement of the final 1.5-inch ARHM surface course shall be no more than five (5) calendar days after placement of initial AC base course.
SUBGRADE PREPARATION: This work shall consist of preparation of the subgrade and deep lift asphalt concrete pavement.
Subgrade preparation shall conform to applicable pr ovisions of Section 301-1 of the Standard Specifications and shall be compacted to a relative compaction of not less than 95% of maximum density at optimum moisture as determined by Califo rnia Test Method No. 231 (as modified herein). The area as stated in Test Method No. 231 may be represented by one or more individual test sites, at the discretion of the Engineer. The Contractor shall provide the necessary labor and equipment to excavate to a depth as determined by the Engineer in the field at each test site.
The subgrade shall be watered or dried as required to bring the soil, as close as practicable, to the optimum moisture content for proper compacting and then compacted, as specified, to a relative compaction of not less than 95% in the upper 6 inches. When compaction of the subgrade areas has been properly obtained, only such additional rolling will be required as necessary to obtain a thoroughly compacted subgrade immediately prior to placing the asphalt concrete base course thereon. If compaction of the subgrade is less than 95%, the Contractor shall overxcavate a minimum of 12-inches until suitable subgrade is obt ained. The excavated subgrade shall be replaced with minimum 12-inch thick, 3/4" maximum Class 2 aggregate base, as directed by the Engineer.
TP-8a
The City will furnish the first tests at no cost to the Contractor. Any retesting required due to first test failures shall be made by the City's Geotechnical Consultant at the Contractor's expense, cost of which shall be deducted from the Contractor's final payment. Furnishing and applying water as directed by the Engineer shall be considered incidental work, cost of which shall be included in the Contractor's bid price for other items.
MATERIALS: Asphalt base repair shall be Type III-B2, 3/4” maximum conforming to the provisions of Section 203 of the Standard Specifications. The Contractor shall submit the batch plant mix design (including stability test results) to the Engineer for review and approval at least fourteen (14) calendar days prior to commencing any work.
The viscosity grade of paving asphalt and tack coat shall be PG64-10 per Section 203-1.2 of the Standard Specifications. Asphalt binder consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from cr ude petroleum. Asphalt shall be free from residues caused by the artificial distillation of c oal, coal tar, or paraffin, free from water and homogeneous.
CONSTRUCTION: Areas to be sawcut are shown on the p roject plans and as directed by the Engineer. Cutting shall be accomplished by the use of a power-driven saw. The depth of cut shall be deep enough to provide a clean, straight break w ithout loosening, cracking or damaging adjoining asphalt or concrete.
Distribution, spreading rolling shall conform to th e requirements of Section 302-5 of the "Greenbook" Standard Specifications for Public Work s Construction, latest edition and these Technical Provisions.
The asphalt concrete for deep lift repairs shall be spread and compacted in lifts of equal thickness not exceeding 0.33 feet in compacted thickness for each lift.
Compacting equipment shall conform to Section 302-5 of the Standard Specifications, except that in very small areas a vibrating tamper, as approved by the Engineer, may be utilized. In general, it is desired that a steel wheeled roller shall always be utilized to finish off each course surface.
BOTTOM DUMPING OF ASPHALT PAVING SHALL NOT BE ALLOWED.
COLD JOINTS SHALL NOT BE ALLOWED WITHOUT PRIOR WRIT TEN APPROVAL FROM THE ENGINEER. COLD JOINTS PLACED WITHOUT APPROVAL SHALL BE REMOVED AT THE SOLE EXPENSE OF THE CONTRACTOR.
The Contractor shall establish designated asphalt t ruck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. This plan must be approved by the Engineer five (5) days prior to paving.
Payment for Asphalt Pavement Removal and Replace 4” Thick AC Pavement shall be at the contract unit price per square feet and shall inclu de full compensation for all labor, materials, tools, equipment, and incidentals necessary to comp lete all work, including placing liquid asphalt for tack coat and asphalt emulsion, and overexcavation of minimum 12-inch subgrade to obtain minimum 95% relative compaction and replacem ent with 12-inch thick aggregate base, and no additional compensation will be allowed ther efore. Final quantities shall be measured in the field and based upon a legible copy of a Weighm aster's certificate showing gross, tare and net weight of each truckload of asphalt concrete mixture.
TP-9
10-18. ASPHALT-RUBBER HOT MIX (ARHM).
Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform surface. Compacted edge along gutter lip shall be 3/8 inch in height.
ASPHALT-RUBBER SHALL BE CLASS ARH M-GG-C, SSPWC SECTIO N 203-11 WET PROCESS AND SECTION 302-9.
BOTTOM DUMPING OF ASPHALT PAVING SHALL NOT BE ALLOWED.
JOINTS SHALL NOT BE ALLLOWED WITHOUT PRIOR WRITTEN APPROVAL FROM THE ENGINEER. JOINTS PLACED WITHOUT APPROVAL SHALL BE REMOVED AT THE SOLE EXPENSE OF THE CONTRACTOR.
The Contractor shall establish designated asphalt truck route s and staging areas and sha ll communicate these routes and areas to truck drivers prior to the arrival at the job site. This plan must be approved by the Engineer five (5) days prior to paving.
CONTRACTOR SHALL REMOVE ALL TRACKED ASPHALT MATERIALS FROM CONCRETE SURFACES AND RAISED PAVEMENT MARKERS.
Payment for Construct 1.5” Thick Asphalt Rubber Hot Mix Pavement shall be at the contract unit price per ton and shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to compl ete all work, and no additional compensation will be allowed therefore. Final quantities shall be measured in the field and based upon a legible copy of a Weighmaster's certificate showing gross, tare and net weight of each truckload of asphalt- rubber hot mix mixture. This payment shall also be full compensation for furnishing and placing all liquid asphalt used for tack coat.
10-19. PAVEMENT COMPACTION.
The compaction after rolling shall be 95 % of the density obtained w ith the California Kneading Compactor per Ca lifornia Test 304. The field density of the compacted asphal t concrete shall be determined by a properly calibrated nuclear asphalt-testing device. Failed are as shall be removed and replaced at Contractor's expense.
Payment for pavement comp action shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-20. TRAFFIC ACCESS AND ROCK DUST BLOTTER.
Rock dust blotter shall be provided and uniformly applied using a mechanical spreader at a rate of approximately 1.65 kilogram per square meter.
Payment for rock dust blotter shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-21. ADJUST UTILITY ACCESS OPENINGS.
This item covers the adjustment of access manhole frames and covers to grade. This work shall be done in conformance with City of Gardena Standard Plan ST-9.
TP-10
All other access openings including, but not limited to, water v alves, gas valves, and pull boxes shall also be adjusted to grade to be flush with the finish pavement surface.
Adjustment of these facilities, including coordinat ion with facilities owned by others, shall be made at the contract unit price per each and s hall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complet e all work, and no additional compensation will be allowed therefore.
10-22. TRAFFIC MARKINGS AND RAISED PAVEMENT MARKERS.
Furnishing and ins tallation of traff ic markings shall include all work requ ired to pl ace rai sed pavement markers, thermoplastic material and curb paint. Legends, limit lines, and crosswalks shall consist of thermoplastic material with glass bead finish.
Striping work and materials shall conform to the provisions of the Standard Specifications of the State of California, Department of Transportation, latest edition, and t he Traffic Manual of the State of California, Department of Transportation. Installation of traffic mark ings shall be completed within 5 working days of paving.
Payment for the installation of traffic signs, striping, legends, and pavement markers, shall be at the lump sum pr ice for Traffic Striping and Signing and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved as specified in the project Signing and Striping Plan , the Special Provisions and these Technical Provisions and no additional compensation will be allowed th erefore. This item also includes all work involved in installation, removal, adjustment of signs and posts as specified in the project plans. Payment shall include restoration of all existing Stop Bars, Stop Legends, and paint color on curbs prior to removal of existing improvements. 10-23. FIRE HYDRANT MARKING.
Each fire hydrant in the project area shall be marked by placing a double-sided raised pavement marker with reflective blue markings on each side. The marker and adhesive shall be equivalent to Caltrans pavement markers.
Place one marker 6 i nches f rom str eet centerline toward hyd rant on a line projected approximately perpendicular to curb. Place two markers if hydrant is on a corner, one on ea ch street.
Payment for fire hydrant marking shall be considered included in the lump sum price for Traffic Striping and Signing and no additional compensation will be allowed therefore. 10-24. SPLICING.
All conductor splicing shall conform to Section 86 -2.09 o f the Standard Specifications of the State of California, Department of Transportation, latest edition. All detector loop wire and lead - in cable shall be soldered at every splice or connection. 10-25. LOOP DETECTORS AND LEAD-IN CABLE.
Loop detector wire shall be Type 2 and loop detector lead-in cable shall be Type B per Section 86-5.01A(4) of the State of California, De partment of Transportation Standard Specifica tions, and latest edition.
TP-11
Payment for Install Type E Loop Detector shall be made at the contract unit price per each for approved loop detectors and lead in cable and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved and no additional compensation will be allowed therefore.
10-26. TREE REMOVAL.
Remove and dispose of existing tree, stump and roots. Grind r oots minimum of 12" from top of grade. Backfill wit h select mat erial an d prepare for P.C.C. construction or tree replaceme nt where shown.
Payment for Remove Existing Tree shall be made at the co ntract unit price per each and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved and no additional compensation will be allowed therefore. 10-27. TREE PLANTING.
Tree species shall be 2 4" box (species as note d). Payment for this ite m shall include the following:
A. All material and work for planting of the tree.
B. One-year maintenance period. If a tree requires replacement within the one-year maintenance period, the new tree shall also have a one-year maintenance period from the date of acceptance.
Note: City will tag trees prior to installation. Total maximum distance to tag all trees shall be limited to 80 miles roundtrip and 3 locations. Otherwise, trees shall b e brought to the City for approval prior to planting. Rejected trees shall be removed from the job site immediately.
Payment for Furnish and Install 24" Box Tree (C rape Myrtle) shall be made at the contract unit price per each and shall include full comp ensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved and no additional compensation will be allowed therefore.
10-28. MAINTENANCE AND GUARANTEE.
Maintenance period shall be 60 days and shall commence after wor k has been completed and approved by the City of Gardena Council.
All trees shall be guaranteed by the contractor for the maintenance period. Contractor liability shall cover cost of labor, equipment and m aterials to replace trees of similar size during the covered period.
Payment for Sixty (60) Day Maintenance Period shall be made at the contract lump sum price and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved and no additional compensation will be allowed therefore.
10-29. INCIDENTAL WORK.
All work and materials required by the plans and specifications, and not specifically listed in the bid schedule items of work, shall be considered incidental and no additional payment shall be allowed therefore, unless otherwise specified in the contract cost estimate. Incidental items shall include, but not be limited to, implementation of the SWPPP and Best Management Practices for the TP-12
protection of storm drain structures; adjusting utility access covers to grade; sawcutting; excavation and disposal of materials; survey; traffic control and coordination of utilities, and prevention and/or restoration of asphalt pavement tracking.
10-30. INSPECTIONS.
Inspection shall be made o nce a day for areas ready for in spection. Areas or items that fail inspection or that are not ready for inspection shall be rescheduled by the contractor.
Inspection of the work shall not re lieve the contrac tor of the obligation to fulfill al l conditions and requirements of the contract.
10-31. ASPHALT TRACKING PREVENTION AND MITIGATION.
The purpose of this section is to address any tracking related problems caused by the Contractor.
The City requires that all streets adjac ent to t he project remain track free during and after construction. Contractor shall prevent and mitigate asphalt tracking on all adjacent surfaces. The use of water or any other methods approved by the Engineer may be utilized. If tracking is present at the end of the workday, the Contractor shall use steam cleaning and a vacuum truck to remove tracking from all affected areas to the satisfaction of the Engineer.
Payment for asphalt tracking prevention and mitigation shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-32. ESTIMATED QUANTITIES.
The quantities shown on the Bid Schedule are approximate only. The Contractor will be paid for the actual quantities of work based on app roved field measurements as provided for in these Specifications. The City r eserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the Specifications. Additional bid item work shall be completed within the total working days in these specifications. Additional working days maybe allowed with the approval of the Engineer. 10-33. SUBMITTALS.
Provide submittals as requested by the Engineer.
10-34. CONSTRUCTION WATER.
The Contractor shall obtain a construction water meter from Golden State Water including required deposit and fees. The Contractor shall pay for the water used, at the current water rates. All arrangements for construction water shall be made by contractor with Golden State Water at Contractor expense.
10-35. UTILITIES LOCATION.
The Contractor shall provide coordination with all util ity companies involved a nd s hall provide protection from damage to their fa cilities. The Contracto r shall be responsible for re pair or replacement to said facilities made necessary by its failure to provide required protection.
The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the CITY, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so.
TP-13
The Contractor shall utilize the ser vices of “Un derground Service Alert-Southern California” for utility locating in all public right-of-ways by calling 811 or 1-800-227-2600 at least 48 hours prior to any excavation.
Underground lines that are potentially hazardous such as oil company line s, natural gas mains, and electrical conduit s w ill be carefully located by the owner as provided in the Standard Specifications. The Contractor shall take special precautions in determining the precise location and depth of these structures and coordinate work with the utility to ensure that they will not be damaged by its operations.
Payment for utilities location shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore. 10-36. BATTERY BACKUP SYSTEM.
The Contractor shall furnish and install a 24-volt Dimensions Battery Backup System (BBS), or approved equal, for use with a Type 332 system (rack -mount) as detailed on plans for the signalized intersection at Normandie Avenue and 170th Street. The Contractor shall furnish new and install all necessary cables, wiring harness, and all other equipment and incidentals, including batteries, to connect the UPS to the traffic signal controller cabinet wiring harness to provide the intended operation.
The BBS shall consist of, but not be limited to, the following:
• 19” rack mount Inverter/Charger (with RS232 and Ethernet port) • Combined Manual Bypass Switch – 511016
• 12 VDC, 79 AH Group 24 AGM batteries (four per system) – 390003 • All necessary hardware and interconnect wiring
• Install battery swing out shelves
The BBS shall be installed per the manufacturer’s guidelines.
The Contractor shall at his own expense, arrange to have a technician, qualified to work on the BBS assembly and employed by the BBS assembly manufacturer, or his representative, present at the time the equipment is turned on. The Engineer shall be notified at least two working days prior to the beginning of the functional test period.
BATTERY BACKUP CABINET
The BBS system is to be installed on a Type 332, a separate battery cabinet shall be furnished and installed to house the batteries. The inverter shall be mount ed inside the traffic signal cabinet , preferably at the top.
The battery cabinet shall be mounted to the side of the signal cabinet at a minimum height of 30" above the foundation.
Payment for Install Battery Backup System shall be made at the contract lump sum price and shall include full compensation for installing the Battery Backup Systems in the traffic signal cabinets, and installing batteries, rack-mount inverter, connection for power, side-mounted cabinet to house batteries, and rack-mount swing shelves, including all labor, materials, appropriate c onnectors, tools, equipment and incidentals, and for doing all the work involved in installing Battery Backup System, complete in place, as shown on the plans and specified in the Standard Specifications, the Special Provisions and these Technical Provisions, and directed by th e Engineer. No additional compensation shall be allowed.
TP-14
10-37 ROADSIDE SIGNS.
A. Remove Roadside Signs
Existing roadside signs to be removed at locations shown on the plans shall be removed and properly disposed of outside the public right-of-way.
Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs a re no longer required for the direc tion of public traffic, unless otherwise directed by the Engineer.
B. Relocate Roadside Signs
Existing roadside sig n shall be removed and installed at new locations shown on the plans. Each roadside sign shall be installed at the new location on the same day said sign is removed from its original location.
C. Install Roadside Signs
Roadside signs shall be installed at t he locations shown on the plans or where directed by the Engineer and shall conform to details shown on the plans and the prov isions in Section 56-2, "Roadside Signs", of the Standard Specifications.
Payment for roadside signes shall be considered included in the lump sum price for Traffic Striping and Signing and no additional compensation will be allowed therefore. 10-38 TOUCHLESS ACCESSIBLE PEDESTRIAN PUSH BUTTONS.
Pedestrian push button assemblies and detector loops shall conform to the provisions of Section 86-5, “Detectors,” of the State Standard Specifications and these Technical Provisions.
New pedestrian push buttons shall be ADA compliant (50mm diameter), Type B, Polara Bulldog No. BDL3-B (momentary, non-latching), or approved equal, with a stainless-steel button, black body on a green frame. Pedestrian push button signs shall conform to the details shown on the plans. Fasteners used shall be stainless steel tamper proof screws for pedestrian push -button assemblies. Pedestrian calls to the controller shall be independent, by phase, and not as concurrent thru-phase pairs. Pedestrian signal ground wires shall not have splices between the poles and the controller cabinet unless approved by the Engineer or his representative in the field. All pedestrian signal ground wires shall be joined and grounded within the controller cabinet.
APS must be on the Authorized Material List for Accessible Pedestrian Signals or Touchless Accessible Pedestrian Signals.
An APS must comply with the California MUTCD, chapter 4E, and must:
1. Have an audible speech message that plays when the push button is actuated . The accessible pedestrian signal must have at least 5 audible message options.
2. Have a push button locator tone that clicks or beeps.
3. Allow the pushbutton to activate the pedestrian phase during any failure of the A PS features.
4. Have a controllable and programmable volume level and messaging.
5. Be weatherproof and shockproof.
6. Weigh 7 lb maximum.
7. Measure 16 by 6 by 5 inches, maximum.
8. Have a switch for a push button.
TP-15
9. Have a vibrotactile device on the push button or on the arrow.
10. Have an internal weatherproof speaker.
11. Have a microphone that senses the ambient sound level.
12. Include touch-free technology.
Theft-proof bolts used for mounting the enclosure to the standard must be sta inless steel with a content of 17 percent chromium and 8 percent nickel. The enclosure must be shaped to fit the pole's curvature.
The color of a metallic housing must match color no. 33538 of AMS-STD-595.
The color of a plastic housing must match color no. 17038, 27038, or 37038 of AMS-STD-595.
The separation between adjacent holes used for conductors and mounting must be at l east twice the diameter of the larger hole.
The speaker grills must be located on the surface of the enclosure. The speakers mus t not interfere with the enclosure or its mounting hardware.
The signal interface cable between the APS and the pedestrian sig nal head must be rated for outdoor use and have a:
1. Four no. 18 stranded tinned copper conduc tors with a minimum insulation thickness of 15 mils
2. Cable jacket with a minimum thickness of 20 mils and rated for a minimum:
2.1. 300 V(ac)
2.2. 176 degrees F
3. Nominal outside diameter less than 350 mils
4. Conductor color code of black, white, red, and green Touch-free technology must:
1. Activate a pedestrian phase when a pedestrian hand motion is detected during a set tim e interval
2. Have user adjustable detection area and time interval parameters
3. Detect the pedestrian hand motion up to a 6 -inch range from the face of the sensor within a minimum ± 45-degree cone zone from the center of the sensor.
MEASUREMENT AND PAYMENT
This item shall be m easured as lump sum for Touchless Accessible Pedestrian Push Buttons complete in place.
Payment for Replace E xisting Pedestrian Push Buttons with Touchless Accessible Pedestrian Push Buttons shall be made at the contract lump sum price and shall include full compensation for installing the Touchless Accessible Pedestrian Push Buttons, including all labor, materials, tools, equipment and incidentals, for doing all the work involved in installing the Touchless Accessible Pedestrian Push Buttons, and for removing, salvaging, and installing the existing s ign on the existing push button frame onto the new push button frame, complete in place, as shown on the plans and specified in the Standard Specifications and these Special Provisions, and directed by the Engineer. No additional compensation shall be allowed.
END OF TECHNICAL PROVISIONS
APPENDIX A - FEDERAL-AID CONTRACT PROVISIONS
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ................................................................................ 2 A. NONDISCRIMINATION STATEMENT.............................................................................................. 2 B. CONTRACT ASSURANCE............................................................................................................... 3 C. PROMPT PROGRESS PAYMENT ................................................................................................... 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ...................................... 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS.......................................... 4 F. COMMITMENT AND UTILIZATION ................................................................................................. 5 G. DBE RUNNING TALLY OF ATTAINMENTS ................................................................................... 6
2. BID OPENING ................................................................................................................................................ 6
3. BID RIGGING ................................................................................................................................................. 6
4. CONTRACT AWARD ..................................................................................................................................... 6
5. CONTRACTOR LICENSE.............................................................................................................................. 6
6. CHANGED CONDITIONS .............................................................................................................................. 6 A. DIFFERING SITE CONDITIONS....................................................................................................... 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER ......................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK.......................................................... 7
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES...................................... 7
8. BUY AMERICA...............................................................................................................................................7
9. QUALITY ASSURANCE................................................................................................................................. 8
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS........................................................ 8
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS....................... 8
12. FEMALE AND MINORITY GOALS .............................................................................................................. 22
13. TITLE VI ASSURANCES.............................................................................................................................. 23
14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT)............................................. 27
15. FEDERAL TRAINEE PROGRAM................................................................................................................. 27
16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND S
ERVICES ………………………………………………………………………………………………………….. 29
Page of 1 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall tak e necessary and reasonable steps to ensure that DBEs hav
e opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBE
s and select work parts consistent with available DBE subcontractors and suppliers.
T
he prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate tha
t they made adequate good faith efforts to meet this goal.
I
t is the prime contractor’s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of
work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verificati
on record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe -search.
Al
l DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.
Credi
t for materials or supplies the prime contractor purchases fr om 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 supplie
s count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
The
prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may 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 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.
Page of 2 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
B. Contract Assurance
Under 49 CFR 26.13(b):
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
C. Prompt Progress Payment
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 .
P
rime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the 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 .
A
ny 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.
Page of 3 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular i
ncremental 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 r
emedies specified t herei n. 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 t hei r own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior wr
itten 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 following 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.
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:
Page of 4 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
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 DBEs 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 fait
h efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) 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 wor
k 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 a nd Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both c ommitments 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 bi dder’ 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 c onfirmati on. 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 s ubmi t the DBE Commitment form within the specified time, the Agency will f i nd the bidder’s bid no nresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (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. Noti
fy 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 DBEtrucking 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-Z1) 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 Page of 5 of 29
January 2022
2. BID OPENING
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
G. DBE RUNNING TALLY OF ATTAINMENTS
A
fter submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
The Agency publ icly 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 a
ctivities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline num
ber is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anon
ymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract f
raud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and r
esponsive bidder.
5. CONTRACTOR LICENSE
T
he 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 s
ite differing materially from those indicated in the contract or if unknown physical conditions of an unu
sual nature, differing materially from those ordinarily encountered and generally recognized as i
nherent in the work provided for in the contract, are encountered at the site, the party discovering s
uch conditions shall promptly notify the other party in writing of the specific differing conditions bef
ore 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 t
he conditions materially differ and cause an increase or decrease in the cost or time required for t
he 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 c
ontractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged w
ork. (This provision may be omitted by the Local Agency, at their option.) B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in w
riting for an unreasonable period of time (not originally anticipated, customary, or inherent to t
he construction industry) and the contractor believes that additional compensation and/or c
ontract time is due as a result of such suspension or delay, the contractor shall submit to the engi
neer in writing a request for adjustment within 7 calendar days of receipt of the notice to r
esume work. The request shall set forth the reasons and support for such adjustment.
Page of 6 of 29
January 2022
8. BUY AMERICA
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
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.
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 andequitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
Furnish steel
and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:
Page of 7 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic pr
oduction of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,
500, materials produced outside the U.S. may be used.
P
roduction includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or s
hape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the v
alue of steel and iron materials.
9. QUALITY ASSURANCE
Th
e Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with t
he Contract. The Local Agency may examine the records and reports of tests the prime contractor performs i
f they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS T
he Agency shall make any progress payment within 30 days after receipt of an undisputed and properly s
ubmitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, t
he Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the pr
incipal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency s
hall act in accordance with both of the following:
1. E
ach payment request shall be reviewed by the Agency as soon as practicable after receipt for the pur
pose of determining that it is a proper payment request.
2. A
ny payment request determined not to be a proper payment request suitable for payment shall be r
eturned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A r
equest returned pursuant to this paragraph shall be accompanied by a document setting forth in w
riting the reasons why the payment request is not proper.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (
Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN D
EVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) Page of 8 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
[The following 12 pages must be physically inserted into the contract without modification.] Page of 9 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT
PROVISIONS FEDERAL-AID
CONSTRUCTION CONTRACTS
Page of 10 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. G eneral
II. Nondiscrimination
III. No segregated Facilities
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. Compliance with Government wide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
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 (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).
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.
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). 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 bid proposal or request for proposal 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).
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.
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 contract, 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. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 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 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, 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 60, and 29 CFR 1625-1627.
The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, 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 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.
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 (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 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 35 and 29 CFR 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.
b. The contractor will accept as its operating policy thefollowing 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, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." FHWA-1273 -- Revised May 1, 2012
Page of 11 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. E EO Officer: The contractor will designate and make k nown to the c
ontracting officers and EEO Officer who will have the
r
esponsibility for and must be capable of effectively administering and pr
omoting and active EEO program and who must be assigned adequate aut
hority and responsibility to do so.
3. D
issemination of Policy: All members of the contractor's staff who ar
e authorized to hire, supervise, promote, and discharge em
ployees, or who recommend such action, or who are
s
ubstantially involved in such action, will be made fully cognizant of, and wi
ll implement, the contractor's EEO policy and contractual r
esponsibilities to provide EEO in each grade and classification of em
ployment. To ensure that the above agreement will be met, the fol
lowing actions will be taken as a minimum:
a. P
eriodic meetings of supervisory and personnel office
em
ployees will be conducted before the start of work and then not l
ess often than once every six months, at which time the c
ontractor's EEO policy and its implementation will be reviewed and ex
plained. The meetings will be conducted by the EEO
O
fficer.
b. A
ll new supervisory or personnel office employees will be given a thor
ough indoctrination by the EEO Officer, covering all major as
pects of the contractor's EEO obligations within thirty days fol
lowing their reporting for duty with the contractor.
c. A
ll personnel who are engaged in direct recruitment for the pr
oject will be instructed by the EEO Officer in the contractor's pr
ocedures for locating and hiring minorities and women.
d. Noti
ces and posters setting forth the contractor's EEO policy will be pl
aced in areas readily accessible to employees, applicants for
employment and potential employees.
e. T
he contractor's EEO policy and the procedures to implement s
uch policy will be brought to the attention of employees by m
eans of meetings, employee handbooks, or other appropriate m
eans.
4 . R
ecruitment: When advertising for employees, the contractor wi
ll include in all advertisements for employees the notation: "An E
qual Opportunity Employer." All such advertisements will be pl
aced in publications having a large circulation among minorities and wom
en in the area from which the project work force would
nor
mally be derived.
a. T
he contractor will, unless precluded by a valid bargaining agr
eement, conduct systematic and direct recruitment through publ
ic and private employee referral sources likely to yield qual
ified minorities and women. To meet this requirement, the c
ontractor will identify sources of potential minority group em
ployees, and establish with such identified sources
pr
ocedures whereby minority and women applicants may be
r
eferred to the contractor for employment consideration. b. In the ev
ent the contractor has a valid bargaining agreement
pr
oviding for exclusive hiring hall referrals, the contractor is ex
pected to observe the provisions of that agreement to the ex
tent that the system meets the contractor's compliance with E
EO contract provisions. Where implementation of such an agr
eement has the effect of discriminating against minorities or wom
en, or obligates the contractor to do the same, such
i
mplementation violates Federal nondiscrimination provisions. c
. T
he contractor will encourage its present employees to refer m
inorities and women as applicants for employment.
Infor
mation and procedures with regard to referring such
appl
icants will be discussed with employees.
5. P
ersonnel Actions: Wages, working conditions, and employee benefi
ts shall be established and administered, and personnel ac
tions of every type, including hiring, upgrading, promotion, tr
ansfer, demotion, layoff, and termination, shall be taken without r
egard to race, color, religion, sex, national origin, age or disability.
T
he following procedures shall be followed:
a. T
he contractor will conduct periodic inspections of project sites to i
nsure that working conditions and employee facilities do not i
ndicate discriminatory treatment of project site personnel. b. T
he contractor will periodically evaluate the spread of wagespai d wi
thin each classification to determine any evidence of
di
scriminatory wage practices.
c. T
he contractor will periodically review selected personnel actions i
n depth to determine whether there is evidence of discrimination.
W
here evidence is found, the contractor will promptly take c
orrective action. If the review indicates that the discrimination m
ay extend beyond the actions reviewed, such corrective action s
hall include all affected persons.
d. T
he contractor will promptly investigate all complaints of alleged di
scrimination made to the contractor in connection with its obl
igations under this contract, will attempt to resolve such c
omplaints, and will take appropriate corrective action within a r
easonable time. If the investigation indicates that the di
scrimination may affect persons other than the complainant, such c
orrective action shall include such other persons. Upon c
ompletion of each investigation, the contractor will inform every c
omplainant of all of their avenues of appeal.
6 . T
raining and Promotion:
a. T
he contractor will assist in locating, qualifying, and increasing the s
kills of minorities and women who are applicants for
em
ployment or current employees. Such efforts should be aimed at dev
eloping full journey level status employees in the type of tr
ade or job classification involved.
b. Cons
istent with the contractor's work force requirements and as per
missible under Federal and State regulations, the contractor s
hall make full use of training programs, i.e., apprenticeship, and on-
the-job training programs for the geographical area of contract per
formance. In the event a special provision for training is pr
ovided under this contract, this subparagraph will be
s
uperseded as indicated in the special provision. The contracting agenc
y may reserve training positions for persons who receive wel
fare assistance in accordance with 23 U.S.C. 140(a).
c. T
he contractor will advise employees and applicants for
em
ployment of available training programs and entrance
r
equirements for each.
d. The contractor will periodically review the training and promotion potenti
al of employees who are minorities and women and will
enc
ourage eligible employees to apply for such training and promotion.
Page of 12 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
7. U nions: If the contractor relies in whole or in part upon unions as a s
ource of employees, the contractor will use good faith efforts to obtai
n the cooperation of such unions to increase opportunities for m
inorities and women. Actions by the contractor, either directly or thr
ough a contractor's association acting as agent, will include the pr
ocedures set forth below:
a. T
he contractor will use good faith efforts to develop, in c
ooperation with the unions, joint training programs aimed towar
d qualifying more minorities and women for membership
i
n the unions and increasing the skills of minorities and women s
o that they may qualify for higher paying employment.
b. T
he contractor will use good faith efforts to incorporate an EEO c
lause into each union agreement to the end that such union wi
ll be contractually bound to refer applicants without regard to thei
r race, color, religion, sex, national origin, age or disability. c. T
he contractor is to obtain information as to the referral pr
actices and policies of the labor union except that to the ex
tent such information is within the exclusive possession of the l
abor union and such labor union refuses to furnish such i
nformation to the contractor, the contractor shall so certify to the c
ontracting agency and shall set forth what efforts have been m
ade to obtain such information.
d. In the ev
ent the union is unable to provide the contractor with a r
easonable flow of referrals within the time limit set forth in the c
ollective bargaining agreement, the contractor will, through i
ndependent recruitment efforts, fill the employment vacancies wi
thout regard to race, color, religion, sex, national origin, age or
disability; making full efforts to obtain qualified and/or qual
ifiable minorities and women. The failure of a union to pr
ovide sufficient referrals (even though it is obligated to pr
ovide exclusive referrals under the terms of a collective bar
gaining agreement) does not relieve the contractor from the r
equirements of this paragraph. In the event the union referral pr
actice prevents the contractor from meeting the obligations pur
suant to Executive Order 11246, as amended, and these
s
pecial provisions, such contractor shall immediately notify the c
ontracting agency.
8. Reaso
nable Accommodation for Applicants / Employees
w
ith Disabilities: The contractor must be familiar with the r
equirements for and comply with the Americans with Disabilities A
ct and all rules and regulations established there under.
E
mployers must provide reasonable accommodation in all
em
ployment activities unless to do so would cause an undue har
dship.
9. S
election of Subcontractors, Procurement of Materials and Le
asing of Equipment: The contractor shall not discriminate on the gr
ounds of race, color, religion, sex, national origin, age or di
sability in the selection and retention of subcontractors, including pr
ocurement of materials and leases of equipment. The contractor s
hall take all necessary and reasonable steps to ensure
nondi
scrimination in the administration of this contract.
a. T
he contractor shall notify all potential subcontractors and s
uppliers and lessors of their EEO obligations under this contract. b. T
he contractor will use good faith efforts to ensure subcontractor c
ompliance with their EEO obligations.
FH
WA-1273 -- Revised May 1, 2012
10. Assu rance Required by 49 CFR 26.13(b):
a. T
he requirements of 49 CFR Part 26 and the State DOT’s U.S.
D
OT-approved DBE program are incorporated by reference.
b. T
he contractor or subcontractor shall not discriminate on the bas
is of race, color, national origin, or sex in the performance of thi
s contract. The contractor shall carry out applicable
r
equirements of 49 CFR Part 26 in the award and administration of DO
T-assisted contracts. Failure by the contractor to carry out thes
e requirements is a material breach of this contract, which m
ay result in the termination of this contract or such other remedy as
the contracting agency deems appropriate.
11. Reco
rds and Reports: The contractor shall keep such records as
necessary to document compliance with the EEO requirements.
S
uch records shall be retained for a period of three years following the date of th
e final payment to the contractor for all contract work and s
hall be available at reasonable times and places for inspection by
authorized representatives of the contracting agency and the FH
WA.
a. T
he records kept by the contractor shall document the following:
(1) T
he number and work hours of minority and non-minority group m
embers and women employed in each work classification on the
project;
(2) T
he progress and efforts being made in cooperation with
uni
ons, when applicable, to increase employment opportunities for
minorities and women; and
(3) T
he progress and efforts being made in locating, hiring, training, qual
ifying, and upgrading minorities and women.
b. T
he contractors and subcontractors will submit an annual report to the c
ontracting agency each July for the duration of the
pr
oject, indicating the number of minority, women, and non- minority group employees currently engaged in each work c
lassification required by the contract work. This information is to be r
eported on Form FHWA-1391. The staffing data should
r
epresent the project work force on board in all or any part of the l
ast payroll period preceding the end of July. If on-the-job tr
aining is being required by special provision, the contractor will be r
equired to collect and report training data. The employment data s
hould reflect the work force on board during all or any part of the l
ast payroll period preceding the end of July.
III. NO
NSEGREGATED FACILITIES
T
his provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.
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, 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.
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January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
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). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.
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.
1. Minimum wages
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:
FHWA-1273 -- Revised May 1, 2012
(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, Employment Standards
Administration, 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.
(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 Wage and Hour Administrator for determination. The Wage and Hour 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 stated 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.
Page of 14 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. W ithholdi ng
T
he 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 of funds until such violations have ceased.
3. P
ayrolls and basic records
a. P
ayrolls 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 c
ontracting agency. The payrolls submitted shall set out accurately and c
ompletely all of the information required to be maintained under
29 CFR 5.5(a)(3)(i), except that full social security numbers and hom
e addresses shall not be included on weekly transmittals.
Ins
tead the payrolls shall only need to include an individually i
dentifying number for each employee ( e.g. , the last four digits of the em
ployee's social security number). The required weekly payroll i
nformation may be submitted in any form desired. Optional Form W
H–347 is available for this purpose from the Wage and Hour Di
vision Web site at
http://www.
dol.gov/esa/whd/forms/wh347instr.htm or its successor
site. The prime contractor is responsible for the submission of c
opies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012
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
) E
ach payroll submitted shall be accompanied by a “Statement of Com
pliance,” signed by the contractor or subcontractor or his or
her agent who pays or supervises the payment of the
per
sons employed under the contract and shall certify the
fol
lowing:
(i) T
hat the payroll for the payroll period contains the information r
equired to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CF
R part 5, the appropriate information is being maintained under
§5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such i
nformation is correct and complete;
(
ii)That each laborer or mechanic (including each helper, appr
entice, and trainee) employed on the contract during the pay
roll period has been paid the full weekly wages earned, wi
thout rebate, either directly or indirectly, and that no deduc
tions have been made either directly or indirectly from the ful
l wages earned, other than permissible deductions as set for
th in Regulations, 29 CFR part 3;
(iii) T
hat each laborer or mechanic has been paid not less than the appl
icable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the appl
icable wage determination incorporated into the contract. (3) T
he weekly submission of a properly executed certification set for
th on the reverse side of Optional Form WH–347 shall
s
atisfy the requirement for submission of the “Statement of Com
pliance” required by paragraph 3.b.(2) of this section. (4) T
he falsification of any of the above certifications may subjec t the c
ontractor or subcontractor to civil or criminal prosecuti on under
section 1001 of title 18 and section 231 of title 31 of the Uni
ted States Code.
c
. T
he contractor or subcontractor shall make the records
r
equired under paragraph 3.a. of this section available for i
nspection, copying, or transcription by authorized
r
epresentatives of the contracting agency, the State DOT, the F
HWA, or the Department of Labor, and shall permit such
r
epresentatives to interview employees during working hours on the j
ob. If the contractor or subcontractor fails to submit the r
equired records or to make them available, the FHWA may, after
written notice to the contractor, the contracting agency or the S
tate DOT, take such action as may be necessary to
c
ause the suspension of any further payment, advance, or guar
antee of funds. Furthermore, failure to submit the required r
ecords upon request or to make such records available may be gr
ounds for debarment action pursuant to 29 CFR 5.12.
Page of 15 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
4. Ap prentices and train ees
a. A
pprentices (programs of the USDOL).
A
pprentices 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.
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. T
rainees (programs of the USDOL).
E
xcept 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.
FHWA-1273 -- Revised May 1, 2012
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 of fringe 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, tr
ainees and journeymen under this part shall be in conformity wi
th the equal employment opportunity requirements of Executive O
rder 11246, as amended, and 29 CFR part 30.
d. A
pprentices and Trainees (programs of the U.S. DOT).
A
pprentices 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. 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. Co
mpliance with Copeland Act requirements. The contractor s
hall comply with the requirements of 29 CFR part 3, which are i
ncorporated by reference in this contract.
6. S
ubcontracts. The contractor or subcontractor shall insert Fo
rm FHWA-1273 in any subcontracts and also require the
s
ubcontractors to include Form FHWA-1273 in any lower tier s
ubcontracts. The prime contractor shall be responsible for the c
ompliance by any subcontractor or lower tier subcontractor with all the c
ontract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract c
lauses in 29 CFR 5.5 may be grounds for termination of the c
ontract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
Page of 16 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
8. Compliance with Davis-Bacon and Related Act requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
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 contractor's 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.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
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-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 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 of $10 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.
FHWA-1273 -- Revised May 1, 2012
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.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (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.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System.
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” 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:
(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.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. The contract amount upon which the requirements set forth in VIII. FALSE STATEMENTS CONCERNING HIGHWAY paragraph (1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
3. 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 orotherwise 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.
5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.
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 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.
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 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).
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).
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 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
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 1, 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
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.
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January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 -- Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier 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.
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. 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.
d. The prospective first tier participant shall provide immediate written notice 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.
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 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee 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 grantee or subgrantee 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).
f. The prospective first 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 entering into this transaction.
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 Tier 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.
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. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing 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.
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. 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) 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, attempting 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;
(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; 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. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Page of 19 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. 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)
a. By signing and submitting this proposal, the prospective lowerti er i
s providing the certification set out below.
b. T
he certification in this clause is a material representation of fact upon whi
ch reliance was placed when this transaction was
enter
ed into. If it is later determined that the prospective lower tier par
ticipant knowingly rendered an erroneous certification, in addi
tion to other remedies available to the Federal Government, the depar
tment, or agency with which this transaction originated m
ay pursue available remedies, including suspension and/or debar
ment.
c. T
he prospective lower tier participant shall provide immediate wr
itten notice to the person to which this proposal is submitted if at any
time the prospective lower tier participant learns that its c
ertification was erroneous by reason of changed circumstances. d. T
he terms "covered transaction," "debarred," "suspended," "
ineligible," "participant," "person," "principal," and "voluntarily ex
cluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. Y
ou may contact the person to which this proposal is
s
ubmitted for assistance in obtaining a copy of those regulations. “
First Tier Covered Transactions” refers to any covered
tr
ansaction between a grantee or subgrantee of Federal funds and a par
ticipant (such as the prime or general contract). “Lower T
ier 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 i
nto a covered transaction with a grantee or subgrantee of F
ederal funds (such as the prime or general contractor). “Lower T
ier Participant” refers any participant who has entered into a c
overed transaction with a First Tier Participant or other Lower T
ier Participants (such as subcontractors and suppliers). e. T
he prospective lower tier participant agrees by submitting this pr
oposal that, should the proposed covered transaction be enter
ed into, it shall not knowingly enter into any lower tier c
overed transaction with a person who is debarred, suspended, dec
lared ineligible, or voluntarily excluded from participation in thi
s covered transaction, unless authorized by the department or agenc
y with which this transaction originated.
f. T
he prospective lower tier participant further agrees by submitting thi
s proposal that it will include this clause titled "Certification Regar
ding Debarment, Suspension, Ineligibility and Voluntary E
xclusion-Lower Tier Covered Transaction," without modification, i
n all lower tier covered transactions and in all solicitations for l
ower tier covered transactions exceeding the $25,000 threshold. g. A
participant in a covered transaction may rely upon a
c
ertification of a prospective participant in a lower tier covered tr
ansaction that is not debarred, suspended, ineligible, or v
oluntarily excluded from the covered transaction, unless it knows that the c
ertification is erroneous. A participant is responsible for ens
uring that its principals are not suspended, debarred, or other
wise ineligible to participate in covered transactions. To v
erify the eligibility of its principals, as well as the eligibility of any l
ower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https
://www.epls.gov/), which is compiled by the General
S
ervices Administration.
FH
WA-1273 -- Revised May 1, 2012
h. Nothi ng contained in the foregoing shall be construed to require es
tablishment of a system of records in order to render in good fai
th the certification required by this clause. The knowledge and nor
mally possessed by a prudent person in the ordinary course of bus
iness dealings.
i. E
xcept for transactions authorized under paragraph e of these i
nstructions, if a participant in a covered transaction knowingly enter
s into a lower tier covered transaction with a person who is s
uspended, debarred, ineligible, or voluntarily excluded from par
ticipation in this transaction, in addition to other remedies av
ailable to the Federal Government, the department or agency wi
th which this transaction originated may pursue available r
emedies, including suspension and/or debarment.
* * * * *
Cer
tification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
1. T
he prospective lower tier participant certifies, by submission of thi
s proposal, that neither it nor its principals is presently debar
red, suspended, proposed for debarment, declared
i
neligible, or voluntarily excluded from participating in covered tr
ansactions by any Federal department or agency.
2. W
here the prospective lower tier participant is unable to certify to any
of the statements in this certification, such prospective par
ticipant shall attach an explanation to this proposal.
* * * * *
X
I. CE
RTIFICATION REGARDING USE OF CONTRACT FUNDS
F
OR LOBBYING
T
his provision is applicable to all Federal-aid construction contracts and to al
l related subcontracts which exceed $100,000 (49 CFR
20).
1. T
he prospective participant certifies, by signing and submitting thi
s bid or proposal, to the best of his or her knowledge and bel
ief, that:
a. No F
ederal 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 agenc
y, a Member of Congress, an officer or employee of
Congr
ess, or an employee of a Member of Congress in
c
onnection with the awarding of any Federal contract, the m
aking of any Federal grant, the making of any Federal loan, the enter
ing into of any cooperative agreement, and the
ex
tension, 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
pai
d or will be paid to any person for influencing or attempting to i
nfluence an officer or employee of any Federal agency, a M
ember of Congress, an officer or employee of Congress, or an em
ployee of a Member of Congress in connection with this
F
ederal contract, grant, loan, or cooperative agreement, the under
signed shall complete and submit Standard Form-LLL,
"
Disclosure Form to Report Lobbying," in accordance with its i
nstructions.
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January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. This certification is a material representation of fact upon which r
eliance was placed when this transaction was made or entered i
nto. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352.
A
ny person who fails to file the required certification shall be s
ubject to a civil penalty of not less than $10,000 and not more than $100,00
0 for each such failure.
3.T
he prospective participant also agrees by submitting its bid or pr
oposal that the participant shall require that the language of thi
s certification be included in all lower tier subcontracts, which ex
ceed information of participant is not required to exceed that whi
ch is $100,000 and that all such recipients shall certify and di
sclose accordingly.
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January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
12. FEMALE AND MINORITY GOALS
T
o comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction C
ontracts," the following are for female and minority utilization goals for Federal-aid construction contracts and
subcontracts that exceed $10,000:
T
he nationwide goal for female utilization is 6.9 percent.
T
he goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
M
INORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8 175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6 San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA 28.9
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
25.6 176
7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
19.6 14.9
7500 Santa Rosa
CA Sonoma
9.1 8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
17.1 Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
23.2 177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16.1 14.3
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA
CA San Joaquin
24.3 Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
19.8 Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
19.1 26.1
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
23.6 Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
180
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
21.5 19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
19.7 CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
24.6 San Diego, CA:
SMSA Counties
181 7320 San Diego, CA
CA San Diego
16.9 Non-SMSA Counties
CA Imperial
18.2 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
Duri
ng 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,