AFTER CONSTRUCTION, all existing survey monuments and ties lost due to construction shall be reestablished by the Surveyor. THE SURVEYOR SHALL
ALSO ESTABLISH CENTERLINE MONUMENTS AND TIES AT ALL STREET
AND ALLEY INTERSECTIONS WITHIN THE PROJECT LIMITS WHERE NONE EXISTED PRIOR TO CONSTRUCTION. A corner record of the monuments, benchmarks, ties, etc. established or reestablished shall be filed with the County Surveyor prior to the recordation of the Notice of Completion. A
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
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copy of the recorded corner records shall be given to the Engineer prior to final payment.
Section 21. Driveways, Approach, Alley Intersection, Spandrels and Cross 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.
Section 22. 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.
The City has investigated the street section and determined that pavement section has variable depths of asphalt and Portland cement concrete pavement, however, any presence of pavement fabric, petromat or irregular material shall be included in the bid item price for "cold milling" 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.
Section 23. Crack Sealing and Pavement Preparation
Existing pavement cracks, joints, spalls and cracks around utility patches, shall be sealed as follows:
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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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 removed 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 the Engineer at the preconstruction job meeting.
The lump sum (LS) unit price for “ Crack Sealing” shall include full compensation for furnishing all labor, materials, equipment, tools and incidentals for doing all the work involved in crack sealing existing pavement cracks, joints, spalls and cracks around utility patches complete in place, and no additional compensation shall be made.
Section 24. 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.
Section 25. Asphalt Tack Coat
Asphalt tack coat shall be applied to all existing asphalt surfaces prior to asphalt
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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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 Greenbook requirements. Tack coat shall uniformly cover all areas to be paved.
Payment for Asphalt Tack Coat will be included in the bid item “ Furnish and Install Asphalt Rubber Hot Mix (ARHM) ”, TS Section 27, no additional compensation shall be made for all the work involved.
Section 26. Asphalt Concrete Pavement (AC)
Asphalt hot mix shall be C2-PG64-10 for capping or finish course. 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.
The minimum temperatures for rolling shall be per section 302-5 of the "Greenbook" Standard Specifications for Public Works Construction, latest edition.
BOTTOM DUMPING OF ASPHALT PAVING SHALL NOT BE ALLOWED.
COLD JOINTS SHALL NOT BE ALLLOWED WITHOUT PRIOR WRITTEN 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 truck 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.
Costs for Asphalt Concrete Pavement (AC) shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.
Section 27. Asphalt-Rubber Hot Mix (ARHM)
Feather join edges shall be made along straight lines by hand raking out all
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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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 ARHM-GG-C,
SSPWC SECTION 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 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.
CONTRACTOR SHALL REMOVE ALL TRACKED ASPHALT MATERIALS
FROM CONCRETE SURFACES AND RAISED PAVEMENT
MARKERS.
The Contractor shall furnish Certified Weight Tickets for material delivered to the job site, to the Engineer or his representative before the end of the working day.
Payment for the “ Furnish and Construct Asphalt Rubber Hot Mix (ARHM)” shall be per tonnage (TON) of asphalt rubber hot mix constructed to limits shown on Contract Drawings. Full compensation for this item shall include all labor, materials, equipment, tools and incidentals for doing all the work involved.
Section 28. Pavement Compaction
The compaction after rolling shall be 95% of the density obtained with the California Kneading Compactor per California Test 304. The field density of the compacted asphalt concrete shall be determined by a properly calibrated nuclear asphalt-testing device. Failed areas shall be removed and replaced at Contractor's expense.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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Payment for Pavement Compaction will be included in the bid item “Construct Asphalt Rubber Hot Mix (ARHM)”. No additional compensation shall be made for all the work involved.
Section 29. 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. The cost for this work shall be included in the bid item “Construct Asphalt Rubber Hot Mix (ARHM)”.
Section 30. Adjust Utility Access Openings
Adjustment of utility access openings shall include all work required to set access frames and covers flush with pavement. Adjustment of utility access openings shall be incidental to the associated item of work, and no additional payment will be made therefore.
Section 31. Traffic Markings and Raised Pavement Markers
Furnishing and installation of traffic markings shall include all work required to place raised pavement markers, thermoplastic material and curb paint.
Legends and crosswalks shall consist of thermoplastic material with glass bead f i n i s h .
Striping work and materials shall conform to the provisions of the Standard Specifications of the State of California, Department of Transportation, latest edition, and the Traffic Manual of the State of California, Department of Transportation. Installation of traffic markings shall be completed within 5 working days of paving.
Section 32. 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 inches from street centerline toward hydrant on a line projected approximately perpendicular to curb. Place two markers if hydrant is on a corner, one on each street.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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Section 33. Splicing
All conductor splicing shall conform to Section 86-2.09 of 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.
Section 34. 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, Department of Transportation Standard Specifications, and latest edition.
Section 35. Tree Removal
Remove and dispose of existing tree, stump and roots. Grind roots minimum of 12" from top of grade. Backfill with select material and prepare for P.C.C. construction or tree replacement where shown.
Section 36. Tree Planting
Tree species shall be 24" box (species as noted). Payment for this item 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 be brought to the City for approval prior to planting. Rejected trees shall be removed from the job site immediately.
Section 37. Maintenance and Guarantee
Maintenance period shall be one year and shall commence after work has been completed and approved by the City of Gardena Council.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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All trees shall be guaranteed by the contractor for the maintenance period.
Contractor liability shall cover cost of labor, equipment and materials to replace trees of similar size during the covered period.
Section 38. 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 made therefore. Incidental items shall include, but not be limited to, mobilization; implementation of the SWPPP and Best Management Practices for the protection of storm drain structures; adjusting utility access covers to grade; saw cutting; excavation and disposal of materials; survey; traffic control and coordination of utilities.
Section 39. Inspections
Inspection shall be made once a day for areas ready for inspection. 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 relieve the contractor of the obligation to fulfill all conditions and requirements of the contract.
Section 40. 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 adjacent to the 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 work day, the Contractor shall use steam cleaning and a vacuum truck to remove tracking from all affected areas to the satisfaction of the Engineer.
Section 41. 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 approved field measurements as provided for in these Specifications. The City reserves the right to increase or decrease the amount of any item or portion of work to be
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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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.
Section 42. Submittals
Provide submittals as requested by the engineer.
Section 43. 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.
Section 44. Utilities Location
The Contractor shall provide coordination with all utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection.
The Contractor 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.
The Contractor shall utilize the services of “Underground 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 lines, natural gas mains, and electrical conduits will 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 insure that they will not be damaged by its operations.
Section 45. Conduit
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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45-1 General
Conduit shall conform to the provisions in Section 86-2.05, “Conduit” of the Caltrans Standard Specifications and these Technical Provisions.
45-2 Requirements
It is required that all conduit will be installed by directional drill method and be high density polyethylene (HDPE) Schedule 80 UL continuous conduit. HDPE conduit shall be designed and engineered for direct burial, directionally drilled installation, or encased underground applications, and shall be installed at locations as shown on the plans.
The PVC Schedule 80 UL conduit shall be designed and engineered for direct burial or encased underground applications, and shall be installed at the pull box modification locations where conduit elbows are upgraded to sweeps, or as shown on the plans. The PVC conduit shall be straight and the ends shall be cut square to the inside diameter. The PVC conduit system shall be designed so that straight sections and fittings will assemble without the need for lubricants or cement.
All conduits shall be free from defects including non-circularity, foreign inclusions, etc. It shall be nominally uniform (as commercially practical) in color, density, and physical properties.
If new conduit is being installed into an existing pull box location, the Contractor shall protect existing pull box and conduit from damage. Should the existing pull box and/or conduit become damaged, the Contractor shall repair and/or replace damaged pull box and conduit at the cost of the Contractor and not the City.
Prior to repair/replacement, the Contractor shall notify the City of exact location and contents of damaged pull box and conduit.
All pavement markings shall be returned to existing conditions. If disturbed, the Contractor shall replace or repair any and all pavement markings. All work shall be approved by the Engineer.
If any new conduits cross any existing oil pipes, specific requirements shall be enumerated to assure compliance within their easement. Contractor shall coordinate with the Utility Company that owns the oil pipes.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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The Contractor shall obtain written approval from the Engineer before installing any conduit.
45-3 Quality Control
All conduits furnished, as part of the Contract shall be new, UL-listed, and meet NEMA and NEC requirements pertaining to electrical conduits and components. 45-4 HDPE Schedule 80 Continuous Conduit
The size of the HDPE conduit shall be as shown on the plans and shall meet the following requirements:
The HDPE Schedule 80 continuous conduit shall conform to NEMA TC-2 and UL651B.
The conduit leading to splice vaults or pull boxes shall be terminated with a manufacture-produced terminator connector to seal the wall of the spice vault/pull box.
The conduit shall be color coded black.
The conduit shall also be marked with data traceable to plant location, date, shift, and machine of manufacture.
Conduit shall be Carlon or Endot made or approved equivalent. 45-5 PVC Schedule 80 Conduit
The size of the PVC Schedule 80 conduit shall be as shown on the plans and shall meet the following requirements:
The PVC Schedule 80 conduit shall conform to NEMA TC-2 and UL 651 specifications.
The conduit shall have an extended 6" integral "bell" end.
The conduit shall have a circumferential ring on the spigot end, which shall be used to insure proper insertion depth when connecting conduit ends.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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The conduit shall also be marked with data traceable to plant location, date, shift, and machine of manufacture.
A complete line of fittings, adapters, and bends (sweeps) shall be provided by the conduit manufacturer and shall be manufactured from the same materials and manufacturing process as the conduit. The complete system will allow for all these fittings: Coupling Kits, Manhole Terminator Kits, Lubrication Fittings, and Repair Kits.
Conduit shall be Carlon or Endot made or approved equivalent. 45-6 Installation
Boring or drilling methods shall be used for the installation of new conduit, as trenching in pavement method is not allowed unless previously approved by City Engineer.
Rigid metal drill rod to be used as a drilling or jacking rod for new conduit shall be fitted with suitable drill bits for the size as approved by the Engineer. Conduit runs shall be installed continuous in same type material from the beginning to the terminating end of the run.
Conduits terminating in “Signal Interconnect” pull boxes shall utilize 45° bend elbows rather than 90° elbows.
Conduit runs are shown on the plans in schematic form only. The actual installation shall be completed in the most direct manner possible without interfering with existing underground facilities. The Contractor shall locate all interfering underground utilities as required by the State Standard Specifications to facilitate the installation of the conduits in the most direct manner, and minor changes will not constitute extra work.
All conduit ends shall have an approved bell bushing installed.
Non-metallic conduits without a grounding conductor shall have a bare #8 AWG solid copper wire that shall terminate at each pull box and at the ends of conduit runs. Eighteen (18) inches of the solid copper wire shall be coiled in each pull box. After conductors have been installed, the ends of conduits terminating in pull boxes; the controller cabinet or other terminating facilities
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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shall be sealed with an approved type of sealing compound (duct seal only).
Section 46. Pull Boxes
46-1 General
Pull boxes shall conform to the provisions in Section 86-2.06, “Pull Boxes” of the Caltrans Standard Specifications and these Technical Provisions.
46-2 Pull Box and Pull Box Cover
Pull boxes shall conform to the provisions in the latest version of the Caltrans Standard Specifications and Standard Plan ES-8 and these Special Provisions for TRAFFIC pull boxes.
All new TRAFFIC pull boxes shall be pull box number 6 (PB#6), or pull box number 6 with extension (PB#6E), or pull box number 6 traffic rated (PB#6(T)) as noted on the Plans. PB#6 shall have nominal dimensions of 36 inch L x 24 inch W x 12 inch D, as stated in these Special Provisions and per the Plans.
PB#6E shall have nominal dimensions of 36 inch L x 24 inch W x 24 inch D, as stated in these Special Provisions and per the Plans. PB#6(T) shall have nominal dimensions of 36 inch L x 24 inch W x 12 inch D, and shall have a steel lid rated for regular traffic as stated in these Special Provisions and per the Plans.
Pull boxes shall be provided with locking mechanisms as specified in the Caltrans Standard Plans.
Where pull boxes are installed in sidewalk, sidewalk shall be removed and replaced from score line to score line as directed by Engineer.
Pull boxes and covers in the sidewalk or behind the curb shall be per below, Christy "Fiberlite" models, or Engineer approved equivalent, unless otherwise noted on the Plans.
Size Approved Models
#5 Box Christy N30 Electrical Box
#5 Lid Christy FL30T
#6 Box Christy N36 Electrical Box
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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#6 Lid Christy FL36T
#6 Box (Traffic Rated) Christy B1730
#6 Lid (Traffic Rated) Christy B1730-51JH
#6E Extension Christy B36X12
Covers for pull boxes, except for ceiling pull boxes, shall be marked as follows:
(a) “TRAFFIC SIGNAL”: Where pull box contains traffic signal conductors with or without street lighting conductors. Traffic signal conductors include all field wiring, and loop detector conductors and video coaxial cables.
(b) “TRAFFIC S.I.C.”: Traffic Sign al Interconnect copper cable or Communications cable.
(c) “TRAFFIC F.O.”: Traffic Signal Interconnect Fiber Optic Communications cable.
(d) “STREET LIGHTING”: Where a pull box contains street lighting conductors only. “HIGH VOLTAGE” shall be added where street lighting voltage is above 600 volts.
(e) “TELEPHONE”: Where pull box contains telephone conductors only.
(f) “EDISON”: Where pull box contains Southern California Edison Company conductors.
46-3 Installation Requirements
Any area disturbed by Contractor at/near an existing pull box shall have pull box replaced new.
Grouting is required at the bottom of all pull boxes, unless otherwise specified by Engineer.
Within the pull box, the conduit shall be placed in a manner such that the lowest portion of the opening shall be a minimum of two (2) inches above the grouted bottom of the pull box, and the upper portion of the opening shall be a minimum of eight (8) inches from the top of the pull box.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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The conduit shall also be placed in a manner that will allow any cables/wires to be pulled in a straight line and clear the side of the pull box by a minimum of two (2) inches (angle of exit.)
All broken or damaged pull boxes and pull box lids shall be replaced and adjusted to grade. No new or existing pull box shall be located within one (1) foot of any curb ramp.
Contractor shall install new pull boxes in order to complete the new traffic signal system as specified on plan(s). The Contractor may, upon approval and at his expense, install additional pull boxes to facilitate his work. New pull boxes shall be placed with their tops flush with surrounding finish grade.
Section 47. Traffic Signals
47-1 General Requirements
The contract requires completion of all work in accordance with these technical specifications and, where applicable, the Caltrans Standard Specifications, October 2018; and the Caltrans Standard Plans, October 2018, or the most recent editions, thereof.
Furnishing and installing traffic signals, highway lighting, and sign illumination systems, shall conform to the provisions in Section 86, “Signals, lighting and Electrical Systems” of the State Standard Specifications, and State Standard Plans dated October 2018, and these Special Provisions. The State Standard Specifications shall hereinafter be referred to as the SSS and the State Standard Plans will hereinafter be referred to as the SSP.
In addition to the regulations and code specified in Section 86-1.03, “Regulations and Code,” of the SSS, all work and materials shall be in accordance with the Regulations of the Southern California Edison Company pertaining to service equipment and installations thereof.
Reference Specifications and Standard Plans
1. Standard Specifications Except as modified herein, materials and installation shall conform to the California Standard Specifications, October 2018. All references in this section to "Standard Specifications" shall be understood to be referenced to the California Standard Specifications.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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2. Standard Plans Except as modified herein, all references in this section to "Standard Plans" shall be understood to be referenced to the California Standard Plans, October 2018.
3. Codes, Ordinances and Regulations All electrical materials and equipment furnished and installed under this section shall conform to the referenced regulations and codes specified in Section 86-1.02 of the Standard Specifications, and to all other ordinances and regulations of the authorities having jurisdiction.
When reference is made to the Code, Safety Orders, General Orders, or Standards, reference shall be construed to mean the Code, Order or Standard in effect on the date set for receipt of bids.
Description
Furnishing and installing traffic signals and highway lighting systems and payment therefore shall conform to the provisions in Section 86, "Signals and Lighting", of the Standard Specifications (dated October 2018) and the Standard Plans of the State of California, Department of Transportation (dated October 2018) and these special provisions.
47-2 Removing, Reinstalling or Salvaging Electrical Equipment Hauling and stockpiling of salvaged material off the right-of-way, as directed by the City Engineer, shall be included in the lump sum price for signal construction.
All salvaged equipment shall be returned to the City of Gardena Public Works Department at the following address:
1717 W 162nd St
Gardena, CA 90247
(310) 217-9568
47-3 Installation
When new conductors are to be added or existing conductors are to be removed from existing conduit, all conductors shall be removed; the conduit shall be cleaned as provided in Section 86-2.05C, “Installation”; and both old
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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and new conductors, as shown on the plans, shall be pulled into the conduit as a unit.
47-4 As-Built Prints
A set of blueline prints and a set of specifications will be kept at all times at the job site, on which all changes or variations in the work, including all existing utilities are to be recorded, in red, and/or corrected daily, and submitted to the Construction Manager (CM) when the work to be done is complete. These "As- Built" prints shall also indicate, in red, all deviations from the contract plans, such as: location of poles, pull boxes and runs, depths of conduit, number of conductors, and other appurtenant work.
47-5 Foundations
Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the SSS, and these Special Provisions.
The Contractor shall mark the location of all foundations, including poles, controllers, and service enclosures, and allow the City Engineer 48 hours to review and approve the locations.
47-6 Standards, Steel Pedestals and Posts
Signal pole equipment shall conform to the provisions in Section 86-2.04, “Standards, Poles, Steel Pedestals, and Posts,” of the CALTRANS Standard Specifications and these Technical Provisions.
Contractor is responsible for supplying and installing new signal pole material and equipment called out on project plan(s).
New standards shall be installed with three (3) feet minimum clearance between the pole face and curb face, unless otherwise shown on Plans or approved by Engineer. Standards shall be set at (2) inches above grade in all existing or future sidewalk grades and/or unpaved areas. Contractor is required to pour a (4) inch thick concrete cap that is (1) foot wider than the standard base plate.
Pipe Tenons shall be provided as detailed on Standard Plan ES-7M, "Electrical Systems (Signal and Lighting Standards Details No. 1)". Mid-tenon shall not be constructed when noted on pole schedule.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
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In addition to identifying each new pole shaft as detailed on ES-7M of the State Standard Plans, the Contractor shall also identify each signal and luminaire mast-arm. The stamped metal identification tag shall be located on the signal or luminaire mast-arm near the butt end and shall contain the same information required by ES-7M. All pole tags shall include name of the manufacturer and shall be visible from the road surface.
New standards shall not be erected or installed until the new concrete foundations have set at least one week (7 days) and all new conduit, pull boxes, wiring, and other underground installation is complete and in place; and new signal faces, signs, and other materials required to complete the installation in its entirety have been inspected, and are in the Contractor's possession and available for immediate installation.
If applicable, all salvaged equipment not identified to be salvaged to the City shall become property of the Contractor, unless otherwise specified on plan.
If applicable, Contractor, at his/her own expense, shall arrange for the filling of any unused holes left in the pole shafts and signal or luminaire arms after drilling, with a full thickness galvanized metal disk welded to the pole or arm.
Grind, sand, and paint with cold galvanized material.
The cost of removing, supplying, installing, and transportation of each standard, steel pedestal and post, and anchor bolts shall be included in the bid item price paid for the traffic signal work, and no additional compensation shall be allowed therefor.
47-7 Conductors and Wiring
Conductors and cables shall conform to the provisions of Section 86-2.08, "Conductors and Cables," and wiring shall conform to the provisions of Section 86-2.09, "Wiring," of the State Standard Specifications and these Technical Provisions.
Signal cable shall be installed continuously and without splices between terminal block and signal cabinet, unless otherwise approved by the Engineer or his field representative. As indicated in the California MUTCD, Table 4D- 107 (CA), Available Conduit Area, as a practical limit, conductors and wiring on projects for new installations should be installed to meet the 26% conduit
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP27-
fill limitation. Projects for existing conduit should be installed to meet the 35% conduit fill limitation.
Nylon jacketed conductors shall not be used. Conductors No. 8 AWG and larger shall be stranded. Plastic conduits containing power circuit conductors shall have a bare No. 8 AWG solid grounding copper conductor that shall terminate at each pull box at the ends of the conduit run.
Splices shall be Type C as shown on State Standard Plan ES-13A, insulated by Method B.
Conductors No. 10 AWG or larger shall be spliced by the use of “C” shaped compression connector, and soldered.
Signal cable shall be installed for phase wiring in lieu of individual conductors, unless otherwise shown on the plan(s).
47-8 Bonding and Grounding
Bonding and grounding shall conform to the provisions in Section 86-2.10, “Bonding and Grounding” of the SSS, and these Special Provisions.
Grounding jumper shall be attached by a 3/16," or larger, brass bolt in the single standard or controller pedestal and shall be run to conduit, ground rod, or bonding wire in adjacent pull box.
Grounding jumper shall be visible after cap has been poured on the foundation. 47-9 Service
Electrical service shall conform to the provisions in Section 86-2.11, “Service,” of the CALTRANS Standard Specifications and these Technical Provisions.
Unless otherwise noted on plan(s), Contractor shall install new 120/240V modified Type III-BF service cabinet made of corrosion resistant 0.125” natural aluminum with exterior raw aluminum finish to match the controller cabinet. All exterior hinges shall be piano-type stainless steel.
The 120/240V service equipment wiring shall consist of a 120V non-metered circuit for safety luminaires, and a 120V metered circuit for the traffic signal.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP28-
A 40-amp metered signal breaker, non-metered 30-amp lighting breaker, and a metered 15-amp IISNS breaker and (2) 15-amp photocell control breakers shall be provided from the service panel. Provide (2) 3-pole 65-amp contactors and (2) test switches for lighting and IISNS.
Photoelectric controls shall conform to the provisions in Section 86-6.11, “Photoelectric Controls”, of the Caltrans Specifications and these Technical Provisions. Two delayed response Type V photoelectric controls and test switches shall be provided for lighting and IISNS. Two (2) photoelectric window shields shall be installed on service cabinet. A shield shall be provided over the sensor openings to prevent direct light sources, such as vehicle headlights, from affecting the switching mechanism.
Service shall be TESCO CLASS 28-105, or approved equal. Service cabinet shall meet Eurserc 308 and the requir ements of the serving utility. The service cabinet shall bear a UL508 industrial control panel for service entrance equipment. The cabinet shall be completely pre-wired in the factory.
Wiring shall conform to NEMA IIB standards showing external connections and external equipment.
Service equipment enclosures shall conform to the following, unless otherwise shown on plan(s):
1. 120/240 volt, Type III-BF (modified) meter service, as indicated on the plan.
2. Circuit breakers shall be industrial grade, Westinghouse Quicklag C, or approved equal.
Circuit breakers required:
1 - 100 Amp 3-pole (240V signal main, lighting main)
1 - 30 Amp 1-pole (120V spare - metered)
1 - 30 Amp 1-pole (120V safety lighting - unmetered)
1 - 50 Amp 1-pole (120V signal circuit - metered)
1 - 15 Amp 1-pole (120V safety lighting photoelectric control circuit-unmetered)
1 - 20 Amp 1-pole (120V IISNS circuit - metered)
1 - 20 Amp 1-pole (120V IISNS photoelectric control circuit)
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP29-
3. Circuit breakers and test switches shall be marked with identifying labels for each circuit breaker.
Type V photoelectric control contactor and test switch assembly shall be installed in the service cabinets. Photoelectric control contactors shall be as follows:
Luminaires - (1) 3-pole 65-amp
IISNS - (1) 3-pole 65-amp
Photoelectric control assembly for the IISNS and lighting shall be installed within the circuit breaker compartment of the service cabinet enclosure, and accessible to the City after installation of electrical meter.
If service equipment cabinet designs deviates in any way from these technical provisions or the details shown on the plans, details of such deviation shall be submitted to the Engineer for review and approval before fabrication of the contract cabinet(s).
If deemed necessary by the Engineer, one complete prototype cabinet shall be delivered to the Engineer for review at least (15) days before fabrication of the contract fixtures. The prototype cabinet will be returned to the Contractor, and if permitted by the Engineer, the cabinet may be installed in the work.
The Contractor shall arrange with the Southern California Edison Company for final electrical service connections in conformance with the requirements of said utility and these Technical Provisions and shall pay all required contractor-related costs and fees required by the utility.
The Contractor shall notify the Engineer in writing at least (15) calendar days in advance of the date on which he desires any service connections or disconnects to be made. The Contractor shall be entitled to no extension of time or other compensation for any delay to this operation resulting from his failure to give the prescribed notification.
It shall be the Contractor’s responsibility to verify the location of, and to make arrangements for providing the necessary electrical connections for the traffic signal and lighting systems. The City will be responsible for the costs from the electrical utility provider.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP30-
City will pay all connection fees and sign authorization for power connection.
The bid item price for traffic signal work shall include the costs to provide electrical service(s), all necessary hook-ups, breakers, conduit and conductors, labor, materials, tools, and equipment necessary to install the service in place as shown on plans, and no further compensation shall be allowed therefor.
Service Cabinet Fabrication:
Maximum width 16” maximum, height 48” maximum, depth 17” maximum.
Cabinet shall be fabricated from raw aluminum, with no protruding cabinet hood extensions.
The exterior of the cabinet shall be raw aluminum finish.
There shall be no exposed nuts, bolts, screws, rivets or other fasteners on the exterior.
Cabinets shall be equipped with a Corbin No. 2 locking system.
Cabinet shall have 2,000-pound stress-rated steel hasp, welded to the cabinet and door.
Distribution and control panel shall have separate hinged deadfront panels with ¼ latch and knurled knobs.
Breaker compartment shall have a safe barrier from the control compartment.
Removable back pan shall be mounted on (4) welded ¼” studs.
All circuit breakers shall be installed in a vertical position, handle up for “On” and handle down for “Off”.
Circuit breaker shall be industrial grade, Westinghouse Quicklag C, or approved equal.
All main bussing shall be UL approved copper THN cable bussing fully-rated for 125 amps.
47-10 Testing
Testing shall conform to the provisions in Sections 86-2.14B and 86-2.14C,
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP31-
"Field Testing," and "Functional Testing", respectively, of the Caltrans Standard Specifications and these Technical Provisions.
The Contractor will be responsible for all the costs involved in testing the controller cabinet assemblies, including transportation to and from the testing facility. Contractor is responsible for ordering and purchasing the controller cabinet assembly as specified in the following Section 86-3, “CONTROLLER ASSEMBLIES”.
The Contractor shall submit the wiring schematic of the controller cabinet assembly for approval once design is completed (before assembly) to the City Engineer, City of Gardena, 1717 W. 162
nd Street, Gardena, CA 90247.
The Los Angeles County Department of Public Works, Traffic and Lighting Division shall conduct testing of the controller and cabinet. The Contractor shall be responsible for supplying and delivering the new equipment to Los Angeles Department of Public Works testing Laboratory. Contact person James Martinez (626) 458-1708 Ext 1674. Contractor shall pay for the cabinet and controller testing and will arrange to authorize the testing of the cabinet by the L.A.C.D.P.W.
When completed, Contractor shall install new equipment at job site according to the Plans and Specifications.
Contractor shall be responsible for all damages sustained as a result of the delivery and installation of the controller cabinet from the lab to the job site.
Any corrective action prior to final acceptance in the field shall be performed at the Contractor's expense.
Unless otherwise set forth in the Special Provision, any delays in work sustained as a result of delay in initial cabinet manufacturing and delivery may be subject to time extension at the written request from the Contractor.
In addition to the five days of continuous satisfactory operation, called for in Section 86-2.14C, "Functional Testing," of the CALTRANS Standard Specifications, five more days of satisfactory operation will be required when the signal system is connected to the Master System Controller.
The conflict monitor unit (CMU) shall be modified/tested in the field before "turn-on".
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP32-
The Contractor shall arrange to have a field representative from the City, a City signal technician, a knowledgeable technician for the manufacturer of the traffic signal controller/cabinet assembly, and a representative from the video detection system and emergency vehicle detection system manufacturers, present at the time of the traffic signal turn-on. The representatives shall be fully-qualified to work on their respective traffic signal equipment. The manufacturer’s representative and City staff shall be notified at least seven (7) working days prior to intersection turn-on.
The turn-on of the traffic signal system shall not be made on a Friday or the day preceding a legal holiday; if it is on a Monday, notification to the City Engineer shall be made no later than the Thursday prior to the turn-on. Turn- on shall begin before noon of the approved day.
Loops shall be meggered at time of installation and before application of hot melt sealant in the presence of a City technician. The insulation resistance shall not be less than 100 megohms on all interconnect and loop circuits and 50 megohms for power circuits when the megger tests are performed. Testing shall not be conducted until all control and/or sensor units and probes have been disconnected from the circuit.
47-11 Controller Assemblies
Solid-state traffic actuated controller units, cabinets and auxiliary equipment shall conform to the provisions in Section 86-3 “Controller Assemblies” of the CALTRANS Specifications, these Technical Provisions and NEMA TS-2 standards.
The following paragraphs shall be added to Section 86-3.04:
All new controller cabinets, controller assemblies, and ancillary equipment shall be furnished and installed by the Contractor unless noted otherwise on the plans.
Model 2070 ATC controller assemblies shall conform to the requirements in "Transportation Electrical Equipment Specifications," (TEES) and "Traffic Signal Control Equipment Specifications" (TSCES), issued by the Department, and to all addenda thereto current at the time of project advertising. A wired Type 332 cabinet and all auxiliary equipment required to
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP33-
control the system as shown on the plans, and as specified in the Standard Specifications and in these Technical Provisions shall be provided. The controller cabinet housing shall be aluminum with a raw aluminum finish.
Cabinet assembly shall be system ready and furnished with a Model 400 modem, a modem interconnect harness, and a GPS time-source. The traffic signal controller cabinet will be furnished with Corbin No. 2 locksets.
The following paragraphs shall be added to Section 86-3.03:
The new traffic signal controller shall be a Model 2070 ATC with the McCain 2033 Program. The traffic signal controller assembly shall be furnished with a C21 Interconnect module and a 2070-1E Ethernet card.
47-12 L.E.D. Luminaires
Luminaires shall conform to the provision in Section 86-6, “Lighting” of the SSS, the approved Caltrans LED Lighting Purchase Specification and these Special Provisions. Each luminaire shall consist of an assembly that utilizes LEDs as the light source. In addition, a complete luminaire shall consist of a housing, LED array, and electronic driver (power supply).
LED Lamps shall be CREE STR-LWY-3M-HT-02-06 (250W equivalent) or approved equal.
Each luminaire shall be rated for a minimum operational life of 63,000 hours.
Each luminaire will operate at an average operating time of 11.5 hours per night. Each luminaire is expected to have a minimum operational life of 180 months (15years).
The luminaires to be installed shall be 120 volt with integral constant wattage ballast and detachable power unit assemblies. The power unit assemblies shall contain the ballast, starter board, capacitors, and a heavy duty terminal block.
The luminaire on-board circuitry shall include surge protection devices (SPD) to withstand high repetition noise transients as a result of utility line switching, nearby lightning strikes, and other interference.
The luminaire shall be operationally compatible with currently used lighting control systems and photoelectric controls as detail in Standard Specification 86-6.07.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP34-
The luminaire shall provide true ninety-degree (90 degree) cutoff with no light emitted above the horizontal. The lower edge of the luminaire housing shall extend below the light source and all glassware. Glare shields external to the luminaire will not be accepted.
The luminaire optical assembly shall be sealed, watertight, and filtered to prevent contamination from infiltration of gaseous and particulate matter. The lamp socket shall be factory preset to produce a medium cutoff IES Type III light distribution.
When the components are mounted on a down opening door, the door shall be hinged and secured to the luminaire housing separately from the refractor or lens frame. The door shall be secured to the housing in a manner to prevent its accidental opening. A safety cable shall mechanically connect the door to the housing.
The manufacturer shall provide a warranty against loss of performance and defects in materials and workmanship for the luminaires for a period of 84 months after acceptance of the luminaires. Replacement luminaires shall be provided promptly after receipt of luminaires that have failed at no cost to the City. All warranty documentation shall be given to the City. 47-13 Vehicle Signal Faces and Signal Heads
Vehicle signal faces, signal heads, and auxiliary equipment, as shown on the plans and the installation thereof, shall conform to the provisions in Section 86-4.01 to 86-4.05 of the CALTRANS Standard Specifications and these Technical Provisions.
All signal heads shall be new, supplied by the same manufacturer, and shall be made of metal with 12-inch diameter Dialight, or approved equal, LED modules, with one-piece metal backplates. Elbow fittings shall be bronze.
All new signal indications shall utilize light emitting diode (LED) signal modules.
All LED signal modules shall conform to Section 86-4.01D, “Light Emitting Diode Signal Module,” of the Caltrans Standard Specifications and these Technical Provisions.
All optical vehicle signal indication units shall be of the light emitting diode (LED)
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP35-
type. The new LED module units provided shall be manufactured by Dialight Corporation, or approved equal, as listed on the Caltrans Pre-Qualified Product List as of the date of the project bid opening. The list is available on the Caltrans Internet Website at:
http://www.dot.ca.gov/hq/esc/approved_products_list/pdf/led_traffic_signals.pdf.
All LEDs provided for the project shall include an 8 ½” x 11” list of specific manufactured dates and serial numbers for each LED module.
A written fully-detailed sales order acknowledgement from the vehicle and pedestrian head assembly supplier shall be submitted to the City indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
Submitted sales order acknowledgements shall be approved by the City or its representative and shall be the only material or equipment used on this contract. All traffic signal heads, mountings, and hardware shall be new, fully- assembled by the designated supplier, and include the installation of LED modules. Contractor shall not fabricate or assemble traffic signal heads or mountings, and shall only install them on the poles supplied per plan.
Where a signal face is to be supported by a Type MAS side attachment slip-fitter inserted between 2 signal sections, a spacer or spacers shall be placed between the 2 sections. The vertical dimension of spacers shall permit proper seating of the serrations between the slip-fitter and the 2 sections. Holes in spacers shall align with front holes in the section housings.
In addition to the fastening through the large openings in the housing, the 2 sections shall be joined with at least 2 bolts through the holes near the front of the housings and spacers, and through matching holes in a reinforcing plate installed within each housing.
Spacers shall be made of same material as signal housing. Reinforcing plates shall be aluminum with a minimum thickness of 0.125-inch and shall be painted to match housing. Bolts for joining signal sections shall be stainless steel or cadmium-plated steel with round or binder heads.
In addition to Section 86-4.04, "Signal Mounting Assemblies," of the Caltrans Standard Specifications, the following provisions shall apply whenever a
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP36-
terminal compartment is required:
The terminal block shall be mounted vertically and to the side of the cable inlet guide. Sufficient lateral spacing shall be provided to allow pulling and connecting of incoming conductors without removal of the terminal block mounting screws. A minimum of one (1)-inch clearance shall be provided between the terminal block and all inside walls of the terminal compartment.
With the door open, there shall be a minimum of ten-by-four-inch (10" x 4") access to the terminal compartment for connection and inspection of the terminal block. The door shall be equipped with a neoprene gasket, permanently secured, to prevent water from entering the terminal compartment and captive screws for securing door. The mounting bolt spacing and cable guide location shall be as dimensioned on drawing ES-4D of the Caltrans Standard Plans.
Pedestrian Signals:
Pedestrian signals shall conform to the provisions in Section 86-4.05, “Pedestrian Signal Faces,” of the State Standard Specifications and these Technical Provisions.
Pedestrian signals shall be Type C with egg crate type screens and shall be of the International symbol type. The pedestrian head housing and door shall be green and made of metal with no plastic parts, and shall be 16 inches by 18 inches. Pedestrian signals shall be of the Dialight Corporation uniform appearance countdown type, Part #430-6479-001X (ITE compliant), or approved equal.
Pedestrian signal ground wires shall not have splices between the poles and the controller cabinet. All pedestrian signal ground wires shall be joined and grounded within the controller cabinet.
47-14 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,
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP37-
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 APS 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.
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 stainless 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
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP38-
must be at least twice the diameter of the larger hole.
The speaker grills must be located on the surface of the enclosure. The speakers must not interfere with the enclosure or its mounting hardware.
The signal interface cable between the APS and the pedestrian signal head must be rated for outdoor use and have a:
1. Four no. 18 stranded tinned copper conductors 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 time 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.
47-15 Roadside Signs
A. Remove Roadside Signs
Existing roadside signs to be removed at locations shown on the plans shall be removed and 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 are no longer required for the direction of public traffic, unless otherwise directed by the City Engineer.
B. Relocate Roadside Signs
Existing roadside sign 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.
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP39-
Existing street name signs shall be relocated to the new traffic signal pole and mounted just above the mast arm bracket attachment.
C. Install Roadside Signs
Roadside signs shall be installed at the locations shown on the plans or where directed by the Construction Manager, and shall conform to details shown on the plans and the provisions in Section 56-2, "Roadside Signs", of the Standard Specifications.
47-16 Vehicle Loop Detectors
All vehicle inductive loop detector locations shall be approved by Engineer, or his representative, in the field prior to installation. Loops shall be centered in the lane, unless otherwise indicated on the plan(s). Unless otherwise indicated on plan, Type E inductive loop detectors, per Standard Plan ES-5A & ES-5B, shall be six feet in diameter and spaced 10’ apart, unless otherwise indicated. The front loops shall be installed at the limit line, unless otherwise indicated. New detector loops shall be wired in series and shall be installed on the same day in which the loop slots are cut. This shall include placement of the loop conductors and slot sealant. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be (2) inches. Slot width shall be a maximum of 5/8-inch. Loop detector lead-in cables (DLC) shall be 2-pair Type B. Loop detector wires shall be Type 2. Each loop shall be capable of accepting two (2) or more sensor units.
All loop detectors as dimensioned on the plans shall have four (4) turns minimum, unless otherwise indicated in the Standard Plans. All homerun loop wires shall be in the crosswalk area unless otherwise indicated. Slot sealant shall be Hot-Melt Rubberized Asphalt Sealant and conform to the provisions of Section 86-5.01A(4) “Installation Details,” of the Caltrans Standard Specifications and as directed by the Engineer or his representative in the field.
Loops shall be meggered before termination within the presence of a City technician. The detectors shall be tested with a motor-driven cycle, as defined in the California Vehicle Code, which is licensed for street use by the California Department of Motor Vehicles. The unladen weight of the motor vehicle shall not exceed (220) pounds, and the engine displacement shall not exceed (100) cubic centimeters. Special features, components or vehicles
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP40-
designed to activate the detector will not be permitted.
The motor-driven cycle shall be driven through the response or detection area of the detector at not less than (3) miles per hour, nor more than seven (7) miles per hour. The detector shall provide an indication in response to this test. In testing a vacant loop, any drift that exceeds an average of more than (1) Hz/minute shall be cause for rejection.
47-17 Internally Illuminated Street Name Signs
Replace with the following:
All signs and hardware shall be new; the materials and workmanship shall be of the best quality for the purpose.
The Contractor shall furnish and inst all LED Edge Lit internally illuminated street name signs manufactured by NuArt Lighting Products, or approved equal.
Model(s): NAIM-72-LED-D or NAIM-96-LED-D with mounting hardware.
Message: The visible message shall be displayed from both sides of the signs and be reflectorized. Signs shall have white legends, symbols, arrows, and 1/4” border with 1” radius corners on green background. The legend shall be as shown on the Plan.
The style and spacing of letters, figures, and arrows shall be Standard Alphabet Series B with 8” uppercase and 6” lowercase centered with “City of Gardena” flush left and Block Number flush right using 3” capital letters and numbers. Reference to “St”, “Ave”, or “Bl” shall not be shown on the sign panel.
The full size sign layout shall be submitted to the Engineer for approval prior to fabrication. It shall be the responsibility of the Contractor to keep the Engineer informed of all operations requiring inspection or approval prior to proceeding with fabrication.
Photocell and receptacle shall be omitted.
All IISNS signs shall be 18” H x 72” W or 18” H x 96” W (unless otherwise
THECHNICAL PROVISIONS
NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)
TECHNICAL PROVISIONS
-TP41-
approved by the Engineer) double-sided and shall be mounted with hinged, adjustable or telescoping type brackets approved by the engineer.
Sign assembly must be guaranteed for a minimum of three years. 47-18 Battery Backup System
The Contractor shall furnish and install a 24 volt Battery Backup System (BBS) for use with a Type 332 system (rack-mount) as detailed on plans. 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:
x 19” rack mount Inverter/Charger (with RS232 and Ethernet port) x Combined Manual Bypass Switch – 511016
x 12 VDC, 79 AH Group 24 AGM batteries (four per system) – 390003 x All necessary hardware and interconnect wiring
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
Where 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 mounted inside the side-mount BBS cabinet. The battery cabinet shall be mounted to the side of the signal cabinet at a minimum height of 30" above the foundation.
APPENDIX A
Exhibit 12-G: Required Federal-Aid Contract Language
Exhibit 15-G: Construction Contract DBE Commitment
Exhibit 15-H: Proposer/Contractor Good Faith Effort
Exhibit 17-F: Final Report-Utilization of DBE and First Tier Sub Exhibit 17-O: DBE Certification Status Change
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 SERVICES ………………………………………………………………………………………………………….. 29
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It 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 verification 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.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
x 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. x 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. x Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
x 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.
x The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
x 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. x 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. x 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. x 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.
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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.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
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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 incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the 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:
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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 faith 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 work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7- day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
F. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book.
This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
x Name and business address of each 1st-tier subcontractor x Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
x 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
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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
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant 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 publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
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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:
x 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 x 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:
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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 production 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.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (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 value of steel and iron materials.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the Agen cy as soon as practicable after receipt for the purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) Page of 8 of 29
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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
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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
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. General
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
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policywill be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wagespaid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
FHWA-1273 -- Revised May 1, 2012
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.
DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This 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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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 em ployed 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 s hall 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.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall subm it weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and 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) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(ii)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.
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, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
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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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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 parti cipant 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.
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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 lowertier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a 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). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower 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 Services Administration.
FHWA-1273 -- Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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Required Federal-Aid Contract Language
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.
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Required Federal-Aid Contract Language
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic
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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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
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreement s, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment,
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Required Federal-Aid Contract Language
each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
G Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
H Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
L withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
LL cancellation, termination or suspension of the Agreement, in whole or in part.
I Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through
in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
$ The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. % With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
& With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/ agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
$ The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. % With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold thesame as if said (license, permit, etc., as appropriate) had never been made or issued.* & With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired becauseof Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discriminationon the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps toensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees-
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
Federal Trainee Program Special Provisions
(to be used when applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of :
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA appr oves a program if one of the following is met:
1. It is calculated to:
Meet the your equal employment opportunity responsibilities Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent wi th the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or traine e is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor co mplies with this section.
January 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training.
16.PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
x Procure or obtain;
x Extend or renew a contract to procure or obtain; or
x Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
x Huawei Technologies Company;
x ZTE Corporation;
x Hytera Communications Corporation;
x Hangzhou Hikvision Digital Technology Company;
x Dahua Technology Company; and
x Subsidiaries or affiliates of the above-mentioned companies.
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
January 2022
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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of _____Bfor this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:
Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
May 2020
0.00 %
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
May 2020
Pick 0.00%
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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:
May 2020
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APPENDIX B
FEDERAL WAGE RATES
Federal Wage Rates are not physically incorporated in the contract advertising package and are available online at the following website:
http://www.wdol.gov/dba.aspx
Applicable wage rates can be accessed by the following 2 options:
Option 1: Select DBA WD by number:
Enter CA35 and hit enter.
Option2: Selection Criteria noted below:
State: California
County: Los Angeles
Construction Type: Highway
Hit Enter
Applicable Federal Wage Rates shall also be accessed by the Contractor within 10 days before bid opening to check for any revisions and shall be acknowledged as part of the bid submittal. The final contract documents signed by the City and the Contractor will physically include the Federal Wage Rates, or Federal Wage Rates as revised within 10 days prior to bid opening or by addendums, if any such addendums have been issued.
APPENDIX C
LADOT Standard Plan S-481.1
LADOT Standard Plan S-442.6
LADOT Standard Plan S-73.2
5'-0"
H
W
Y
X X BACK
OF CURB
RETAINING CURB IF
APPLICABLE AT EDGE
OF SIDEWALK 0" H
Y1 Y2
SIDEWALK
FRONT
EDGE
OF SW
0.5% MIN.
0.5%-2%
RETAINING CURB IF
APPLICABLE AT
EDGE OF SIDEWALK
SIDEWALK
NON-WALKABLE
AREA (SEE
NOTE 12)
EXISTING
PARKWAY
0.5%- 2%
Y
5 D
1.5% MIN
0.5% - 2%
0.5% - 2%
TURNING SPACE
(SEE NOTES
8 & 15)
0.5% MIN.
U
PPLLPPPP
PLLPP
PPLLPPPP
EXISTING
PARKWAY
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MIN
FLOWLINEBACK
OF CURB
W
FLOWLINEBACK
OF CURB
SEE
DETAIL 6
(SHEET 3)
6" R
TYP
SIDEWALK
10%
MAX
10%
MAX
5 F
5 A,BAA BAAAAA BBB,,AA
SIDEWALK
FLOWLINE
W
W
W
TURNING SPACE
(SEE NOTES 8 & 15)
TURNING
SPACE (SEE
NOTES 8 & 15)
H
0" H
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Q
U
Q
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U
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Q
Y1 Y2
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E
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FLOWLINE
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6"
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W
INTEGRAL CURB AND GUTTER
-0
M
CASE E
(SEE NOTES 2, 9 & 17)
CASE D
USE DETAILS 1, 3 OR 4
ON SHEET 3 AS APPLICABLE (SEE NOTE 9)
MID-BLOCK UNI-DIRECTIONAL CURB RAMPS
TO THE MAXIMUM EXTENT POSSIBLE, CURB RAMPS SHALL RUN PARALLEL
TO CROSSWALK MARKIN GS, CENTERED WITHIN THE CROSSWALK, AND ALIGNED WITH CURB RAMP S AT OPPOSITE SIDES. IN SO D OING, CURB
RETURNS PLA CED ON EITHER ONE OR B OTH SIDES OF CURB RAMP S SHALL BE CONSIDERED.
NOTE:
CURB RAMPS TRANSITIONS ALIGNMENT LIMITS
FOR CASES A THRU G
CASE G
FOR USE AT FREEWAY RAMPS OR
WHERE CASE A, B & C ARE NON-APPLICABLE
(SEE NOTES 9 & 17)
SPECIAL UNI-DIRECTIONAL CURB RAMP
(UNLESS NOTED HEREIN, SEE APPLICABLE DETAILS ON SHEET 3) CASE F
(SEE NOTE 9)
BUREAU OF ENGINEERING
OFFICIAL RECORD
B-4786
GARDENA PUBLIC WORKSHAWK Pedestrian Hybrid Beacon Exhibit
HIGH-INTENSITY ACTIVATED CROSSWALK (HAWK)PEDESTRIAN HYBRID BEACON (New Marked Crosswalk with PHB on Vermont/133st Project, JN 972) Sample Illustration
Sample – City of Goleta
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 16.C
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: December 13,
2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Award Professional Design Services Contract for the Mas Fukai Park Improvements Project, JN 820, to David Volz Design Landscape Architects, Inc., in the amount of $755,830.
COUNCIL ACTION REQUIRED:
Staff Recommendations: Approve Professional Services Contract RECOMMENDATION AND STAFF SUMMARY:
Mas Fukai Park is a 4.53-acre neighborhood park located at 15800 South Brighton Avenue.
The park is adjacent to Peary Middle School and nearby Denker Avenue Elementary School, City Hall, City’s Human Services (all within a 0.40-mile radius) and provides recreation facilities for Gardena residents. The park fronts Brighton Avenue on the west and Normandie Avenue on the east side and is south of 158th Street. Surrounding the park is mostly a residential neighborhood with single-family (R-1) through multi-family (R4), low-density multiple-family (R-2) residential zone.
In April 2020, the City hired a consultant, BGB Design Group, to develop a Master Plan for the Mas Fukai Park Improvements. The scope of the work entailed summarizing existing conditions, evaluating opportunities, and making recommendations for improvements. The Master Plan was completed and approved at the City Council meeting on July 26, 2022. At this meeting, the Council directed staff to proceed with the Design and Construction Document Phase.
The major existing components of the park are a 59-year-old community center equipped with three recreation rooms, a kitchen, two freestanding restroom buildings, three baseball diamonds, two basketball courts, tot-play area, recently renovated picnic shelter, and BBQ area. Due to the age of the park facilities, many of the existing features are reaching the end of their life cycle. The master plan has been developed to enhance the existing features but to also to focus on addressing program needs such as ADA compliance, water conservation, safety on the play field, drainage, programming of desired uses through community workshop participation, energy consumption, and solar system.
The design phase will reassure and implement the master plan to produce the construction document and eventually solicit bids for the construction of these. The main components will be:
New community center
New stand-alone restroom building
Regrading of existing ball fields
Lighting
Renovated irrigation system
Pickleball & basketball courts
Resilient surfacing at tot lots
Concrete Pavers
New site furnishings
Landscaping
New decomposed granite walking patth
On August 2, 2022, the Department of Public Works released a Request for Proposal (RFP), for Design, Landscape Architecture/Architecture, and Engineering Services for the Project. On August 31, 2022, five (5) proposals were received. Two sealed envelopes were received from each firm, one with firm’s qualifications and one with firm’s fee. The fee proposals were not opened so that the evaluation would be done on qualifications.
Three staff members of Public Works and Recreation & Human Services evaluated the proposals for content, experience, relevant projects, completeness, team resume, ability to meet project schedule & insurance, references, and knowledge of the project. Staff selected top two (2) firms, David Volz Design (DVD) Landscape Architects, Inc. and SWA Group, for an interview on October 18, 2022.
Both firms introduced their team, presented their firm’s and team members’ background, and responded to questions regarding their approach and experiences in a forty-five (45) minute interview. After evaluating both firms, staff gave DVD a slight edge considering their more recent and similar project experiences. When the fee proposals were opened after selecting DVD as the better firm, staff found their fees of $755,830 were $144,045 lower than the SWA Group. The fees for all five (5) firms ranged from $571,536 to $899,875. DVD firm submitted the third lowest fee of $755,830 and was considered reasonable by staff.
Established in 1997, DVD Landscape Architects has completed hundreds of community parks and public landscapes. The firm and their sub consultants truly specialize in public facilities and park projects. DVD Landscape Architects’ office is in Orange County, Costa Mesa, and currently managing ten (10) similar park projects and have completed thirty (30) park projects in last three (3) years. All their projects have been in southern California and are public projects. Additionally, the team’s performance of Landscape Architect, Building Architect, Civil Engineering and Electrical Engineering all have been directly verified by City staff members based on the past project experiences.
Staff respectfully recommends that the City Council award a Professional Design Service Contract for the Mas Fukai Park Improvements Project, JN 820, to David Volz Design Landscape Architects, Inc., in the amount of $755,830.
As the project goes through the design phase, staff will submit the project for funding opportunities for construction as they become available.
FINANCIAL IMPACT/COST:
FY 2022-2023 Project Budget: $1 million
Funding Source: Park in-lieu
ATTACHMENTS:
JN 820_Mas Fukai Park Improvements_DVD Consultant Agreement.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
Consultant Agreement with DVD Landscape Architects Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
This Agreement is entered into this 13th day of December , 2022, by and between the City of Gardena, a municipal corporation (“City”) and David Volz Design Landscape Architects, Inc., a California Corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining professional consultant services to develop a design landscape architectur al/architectural and engineering services for Mas Fukai Park Improvements;
B. Whereas, Consultant has represented that it is qualified b y virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 2 services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant s hall be deemed r eleased for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the C ity’s Request for Proposal (RFP), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to per form such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid to City’s RFP, which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order: (a) The Agreement (b) Exhibit A (c) Exhibit B.
6. PERSONNEL. City has relied upon the prof essional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency pres ently maintained by other similar practiti oners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 3 this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the General Services Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a ti mely manner by the General Services Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the General Services Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the General Services Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, Ci ty may t erminate this Agreement for cause as specified in Section 2 above.
10. COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed seven hundred fifty -five thousand eight hundred thirty and 00/00 ($755,830.00) without the prior written authorization of the City Council.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the ser vices rendered, date(s) of service, direct and/or subcontract costs an d be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a wa iver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11. INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Ag reement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Co nsultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 4 comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section an d Consultant s hall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontr actor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. 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.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy fo r occurrence coverage for bodily injury, personal injury and propert y damage, including all coverages provided by and to the extent afforded by Insurance Services Office Form CG 2010 ed. 10/93 or 11/85, with no special limitations affecting City. The limit for all coverages under this policy shall be no less than one mill ion dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars 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 may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimu m limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.
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5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional ins ureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officer s, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.”
d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers.
e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Cit y shall not ify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self -insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self- insured retentions with respect to City, its office rs, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 6 Consultant shall provide satisfactory financial guarantee for payment o f losses and related investigations, claim administration and defens e expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements eff ecting cove rage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bi nd coverage on i ts behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or cert ificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all requi red insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12. INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, of ficers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, i ts employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authoriz ed sub consultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extend required by Civil Code Section DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 7 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or misconduct of Consultant . This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
13. COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14. INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amo unt due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
15. PERS ELIGIBILITY INDEMNIFICATION . In the event that Consultant or any employee, agent, or subcontra ctor of Consultant providing services under thi s Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors pr oviding service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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16. NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
17. OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18. CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exem pt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individu al that relates to any of these types of information. Consultant agrees to hold Confidential Information in s trictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City 's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisc losure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses , phone numbers, birth dates, and social securit y numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perfo rm "business associate" services and activities cove red under HIPA A, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 9 forth herein. Consultant and its Sub- consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the Cit y harmless from and against all losses and damage s resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19. NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contract or pursuant to this Agreement.
20. WAIVER OR BRE ACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21. COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordi nances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and desc ription including attorne ys’ fees and cost s, pr esented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement
.
22. CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. I f required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.
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23. NON-DISCRIMINATION. Consultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
24. FORCE M AJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works
To Consultant: DVD Landscape Architects, Inc.
151 Kalmus Drive, Suite M8
Costa Mesa, California 92626
Attn: David Volz
President
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.
27. LICENSED STATUS. Consultant shall, at all times during the t erm of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28. FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.
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29. PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disc losure as required by the California Public R ecords Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30. MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) ye ars from the completi on date of the Services under this Agreement, t he following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations;
C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branc h of the Los Angeles County Municipal or Superior Court.
33. SECTION HEADINGS. The Section headings used in this Agreem ent are f or reference purposes only and shall have no binding effect.
34. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
35. ATTORNEY’S FEES. In the event that legal action is necessary to enf orce the provisions of this Agreement, or to declare the rights of the parties hereunder, the DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Consultant Agreement with DVD Landscape Architects Page 12 parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.
36. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreem ent. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37. SEVERABILITY. If any term or portion o f this Agreement is hel d to be invalid, illegal, or otherwise unenf orceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Eac h executed counterpart shall be deemed an o riginal. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Ag reement and electronic s ignatures, facsimile si gnatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreem ent had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual s ignature, (ii) intend to be bound by t he signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party wi ll reply on such sign atures, a nd (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E- SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, emai l or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
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IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA CONSULTANT – DAVID VOLZ DESIGN
LANDSCAPE ARCHITECTS, INC.
________________________________ ________________________________ Tasha Cerda, Mayor Name
ATTEST:
Sign:_____________________________
Title:
________________________________
Mina Semenza, City Clerk
________________________________
Name
APPROVED AS TO FORM:
Sign:_____________________________
Title:
Carmen Vasquez, City Attorney
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 David Volz
President
David Volz
Secretary
EXHIBIT A -
REQUEST FOR PROPOSAL
FOR
DESIGN, LANDSCAPE ARCHITECTURE/ARCHITECTURE AND
ENGINEERING SERVICES FOR
MAS FUKAI PARK IMPROVEMENTS PROJECT, JN 820
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
CITY OF GARDENA
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSAL
DESIGN, LANDSCAPE ARCHITECTURE/ARCHITECTURE AND
ENGINEERING SERVICES FOR MAS FUKAI PARK IMPROVEMENTS
JOB NUMBER (JN) 820
AUGUST 2022
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
SUBMITTAL INFORMATION
All proposals must be received by the Public Work’s Office, at the City of Gardena, no later than: Wednesday, August 31, 2022, at 4:00 p.m. in two sealed envelopes – one shall be solely for the fee proposal. Proposals received after the time and date indicated above shall be deemed nonresponsive and returned unopened.
Proposal for Design, Landscape Architecture/Architecture and Engineering Services for Mas Fukai Park Improvements (JN 820)
Office of the Public Works Department
City of Gardena
1717 W. 162
nd Street
Gardena, California 90247-3778
Contact Info: Kevin Kwak, Principal Civil Engineer at
[email protected] or 310.217.9643
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
REQUEST FOR PROPOSAL
DESIGN, LANDSCAPE ARCHITECTURE/ARCHITECTURE
AND ENGINEERING SERVICES
FOR
MAS FUKAI PARK IMPROVEMENTS, JN 820
The City of Gardena (“City”) is requesting pr oposals from qualified design, landscape architectural/architectural and engineering consultant firms (“Firms”) to design, landscape architectural/architectural and engineering services for the Mas Fukai Park Improvements (“Project”). The City invites qualified Firms to submit proposals to provide complete landscape architectural/architectural and engineering design and construction cost estimating services for the Project. The City is seeking design teams with community center and park renovation design experience as well as experience working with public municipal agencies.
GENERAL INFORMATION
Mas Fukai Park is a 4.53-acre neighborhood park located at 15800 South Brighton Avenue. The park is adjacent to Peary Middle School and nearby Denker Avenue Elementary School, City Hall, City’s Human Services (all within a 0.40-mile radius) and provides recreation facilities for Gardena residents. The park fronts Brighton Avenue on the west and Normandie Avenue on east side just south of 158th Street. Surrounding the park is mostly a residential neighborhood with single-family (R-1) through multi-family (R- 4) low-density and multi-family (R-2) residential zone.
The park was purchased from the County and dedicated as a City park in 1960. In June 2000, the Gardena City Council rededicated Recreation Park as Mas Fukai Park. Masani “Mas” Fukai was elected to Council in 1974 and served until his retirement in 1988. Mas, as his friends and associates call him, also served for five years as the Chief Deputy to then Los Angeles County Supervisor Kenneth Hahn.
The major components of the park are a 59- year-old community center equipped with three recreation rooms, kitchen, two freest anding restroom buildings, three baseball diamonds, two basketball courts, tot play area, and recently renovated picnic shelter and BBQ area.
Due to its intense use and age, the park’ s outdated facilities ar e in need of major modernization, renovation and reconstruction. In addition, as the contemporary uses of the park have changed over time, its existing uses need to be reconsidered.
PROPOSAL INFORMATION
The purpose of this Request for Proposal (RFP ) is to select a Firm to provide Design, Architecture and Engineering services for t he Mas Fukai Park Improvements. The City intends to select one Firm to perform all the items listed in the Scope of Work section.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 The overarching goal is to reconstruct th e dilapidated community center, restroom facilities and enhance the overall park to maxi mize its use, improve energy efficiency while reducing maintenance costs, and provide a variety of additional features that can accommodate the needs of residents of all ages in an all-inclusive park.
The City recently completed a Park Master Plan that consist of site inventory and analysis/assessment, community/neighboring m eetings and surveys, development of a conceptual site plans and supporting drawings and documents (See Appendix A).
The City recognizes there may be questions or items requiring discussion and/or clarification prior to each Firm’s preparation and submission of its proposal. If questions do arise, direct all questions to Kevin Kwak via email at [email protected]. If necessary, clarifications, explanations, or in structions shall be sent in writing or electronically to all firms having requested this RFP. Requests for Clarifications will not be accepted, nor responded to after 4:00 P.M. on Friday August 19, 2022. Any interpretations or addenda issued by the City shall be incorporated into this RFP.
Proposers may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda.
The City reserves the right to determine (in it s sole discretion) if a formal pre-proposal session with candidate Firms will be required. The City's objective is to ensure an appropriate exchange of information prior to proposal preparation and submission to minimize both wasted effort by Firms and unnecessary follow-up by City personnel during the evaluation process.
The schedule below is tentative and subject to change:
RFP Release
August 2, 2022
Request for Clarifications August 19, 2022, by 4:00 p.m.
Bid Proposal Due August 31, 2022, by 4:00 p.m.
Selection Committee Review Week of Septembe r 5, 2022
Interviews (if needed) Week of September 19, 2022
City Council Approval of Contract Octobe r 11, 2022
SCOPE OF SERVICE
Conceptually estimated total cost of the pr oject is approximately $7 million including design and construction management and inspection services, and construction contingency. City has currently allocated $4.5 million (Park-in-lieu) funds and the remaining $2.5 million is to be determined. The project will consist of two parts with milestones of approximate durations as follows:
Project Part 1 – Predesign, Feasibility and Budget Verification
Program Verification and Feasibility – 3 weeks
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 Conceptual Design and Estimate – 8 weeks
Planning and Environmental Review – 3 weeks
Schematic Design and Project Estimate – 6 weeks
Project Part 2 – Project Design and Construction
Design Development – 6 weeks
Construction Documents – 8 weeks
Permitting, Bidding and Award – 3 months
Construction Phase – 12 months
The duration for the overall phases and milestones does not include the City’s review time of approximately two to three weeks added to the end of each milestone. The Firm shall not proceed with the next phase or milestone until receiving written approval from the City.
The required landscape arch itectural/architectural and engineering design and construction cost estimating services for this project consist of the following general scope of services:
Project Part 1 – Predesign, Feasibility and Budget Verification:
Provide project schedule upon project commencement and update as milestones are achieved.
Review existing plans, specifications, reports, studies, and conduct site visit(s).
Review the existing and proposed projec t program. Make recommendations for adjustments based on operational input from City staff, past experience on similar projects, results of study “year-round” versus “seasonal” operations, as well as potential program expansion include a teen center.
Addition to master plan, verify feasibility and budget to include solar panels to the proposed new community center.
Regular meetings with City staff includ ing code review meetings with the City Engineer and Fire Protection Engineer (or their representative). The architect shall prepare meeting agendas prior to the meetings and summaries after the meetings.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 Produce the schematic designs for review and approval by t he City. Site and building designs should be modeled and produced in 3-D CAD with plans and full color presentation perspective renderings that are submitted in Adobe Portable Document Format (PDF) and other electronic formats acceptable to the City.
Construction cost estimating at the end of each design phase milestone, submitted with the design drawings and specifications.
All soils and geotechnical investigation needed to complete the design.
Conduct studies required to support the California Environmental Quality Act (CEQA) process including development of Technical Reports in preparation of CEQA document ranging from Categorical Exemptions and Initial Studies to Mitigated Negative Declarations if necessary.
Project Part 2 – Project Design and Construction
Produce design development, Construction Documents (CD), permits, bid drawings, and technical specificati ons. Drawings should be produced and submitted to the City in AutoCAD and Adobe Portable Document Format (PDF).
Incorporate construction phasing into t he construction documents as required.
Incorporate option for issuance of s eparate CD if necessary to bid out recreation/community building by itself pending allowable construction budget.
Submit the project for approval from t he Los Angeles County Department of Health, the State Division of Occupationa l Safety and Health, utility companies, and all other authorities having jurisdiction on this project including responding to their comments, modifying the drawings and specifications as required, and resubmitting as many times as required to obtain approval.
Coordinate with West Basin Municipal Wa ter District to incorporate an on-site recycled water system. West Basin’s project to provide a recycled water pipeline to the Mas Fukai park is currently in design development and anticipate a pipeline could be available within one to two years. West Basin is to also provide a support in on-site retrofit design plans.
Submit the project for a building permit including responding to Building Inspection Division comments, modifyi ng the drawings and specific ations as required and resubmitting as many times as required to obtain a building permit.
Assist the City with bidding the project, including attending the pre-bid and pre- construction meetings, answering Reques ts for Information (RFI), reviewing requests for substitutions, etc.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
Make recommendations to the City for furniture, fixtures, and equipment selection and produce (1) one or more procurement package(s).
Construction administration include attending project meetings and site visits as required to stay informed as to the progress of the pr oject, responding to RFI, reviewing submittals and making contract document changes necessary to support the completion of the project.
Preparation of as-built dr awings and specifications in AutoCAD and Microsoft Word, respectively.
Management and implementation of all LEED reporting procedures, documentation and certification.
Attend the (11) eleven-month post-occupancy inspection.
The landscape architect/architect or engineer shall retain and coordinate the work of subconsultants as needed to complete the above-requested services. The City reserves the right to select, approve, re commend or disapprove subconsultants for any of the above services at its discretion.
General Provisions (All Phases):
In the performance of all services, the consultant shall address the following requirements:
Allow for flexible use of interior and exterior spaces.
Achieve an optimum balance between program requirements and project budget.
Comply with the Americans with Disabilities Act, County Health Department, and CA- DOSH requirements and all applicable codes.
Design energy efficient facilities to the extent possible.
Provide a design that minimizes both initial construction and long-term maintenance costs.
Incorporate LEED Silver criteria within the project.
Submit all project materials to the City in both hard and soft copy formats acceptable to the City (e.g., MS Word, PDF, AutoCAD, etc.).
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
FORMAT AND CONTENTS OF RESPONSES
The proposal shall consist of (2) two parts submitted as one package.
Proposal – Part One
Part One of the Proposal sha ll describe the consultant’s understanding of the project, approach to accomplishing the project goals, relevant past experience, and any litigation brought against the firm within the last (5) five years. Part One shall be limited to (10) ten double-sided pages on (10) ten sheets, which is (20) twenty pages, excluding table of contents, cover letter, resu mes of team members, and any promotional materials.
Consultants shall submit (3) three hard copies and (1) one PDF file on PC- compatible USB drive of Part One.
In Part One, the consultant shall, as a minimum:
1. Explain the general background, qualificat ions, and organizational structure of the firm and describe any special knowledge or capabilities material to the project that exist within the firm.
2. Outline the proposed approach to the scope of services including organization and scheduling of tasks to be performed; capacity to keep the project on schedule and within budget; approaches to work with City staff and policy-making agencies and community groups; and other relevant fa ctors pertaining to formulation and execution of a successful project.
3. Identify the name and titl e of the lead contact person and principal who will be assigned to this project. Provide a wo rk history for key personnel. Give a description of their responsibilities and the percentage of time expected to be spent on this project. Identify the support staff available for this project.
4. Provide a list of recent projects for which the firm has provided services of a similar nature. Provide all pertinent information including project description, contact person, phone number, location, duration, and current project status.
5. Submit a list of subconsultants to be utilized on the project and describe how each subconsultant will be utilized. Provide a li st of their similar past projects with locations and brief description of refer enced projects. Identif y principal staff assigned to this project from each subcons ultant firm and their responsibilities on this project.
6. As applicable, submit a list of lawsuits filed within the past (5) five years against the firm or its principal s alleging misconduct and/or neg ligence. Submit a list of claims within the past (5) five years against the firm’s Professional Liability DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 Insurance policy (errors and omissions), if any.
Accompanying each list shall be a declaration by a principal of the firm indicating careful review of such lists and adding appropriate information concerning the current status or disposition of the lawsuits or claims. This information may be submitted separately and confidentially if so desired.
7. As applicable, submit a list of all projects (completed within the past (3) three years or currently under construction or design) located within Southern California.
Accompanying such a list shall be a declaration by a principal of the firm indicating knowledge of and careful review of the subject matter and asserting freedom from conflicts of interest which might arise fr om relationships with parties that are involved in disputes with the City.
8. Indicate the location(s) of the office(s) in which the work will be completed, and the amount of work presently under way.
9. Firms are required to list at least five (5) professional references, three of which shall be in municipal or public agency refe rence related to a community center and/or park improvements. Pl ease list your client references in the Appendix section of this RFP and include for each one the following information: a complete description of the work/services provided, the name of the client, and the contact information of the client, including telephone number, and/or address. The information concerning the work/services provided for each client must be no more than five (5) years old.
Project Part “A” – Predesign, Feasibility and Budget Verification:
Project kick-off m eeting with City staff.
Building and site walk-through and examination of existing plans.
Review and confirmation project r equirements and operational program with City staff.
- Submit itemized space and functional pr ogram for building, and site features and amenities.
Completion of conceptual and schematic designs and associated estimates of probable construction costs.
- One or more outreach meeting, City Council meetings necessary for approval of and input on final proposed concept design.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 Project Part “B” – Project Design and Construction:
Completion of design development, and construction documents, plans and specifications.
- Submit and review design document s with City staff at 50 percent, 90 percent, and 100 percent completion of each milestone.
- Submit and review a construction co st estimate with City staff at the completion of each milestone.
- Finalize documents based on feedback from City staff and all authorities having jurisdiction.
Submit all project documents necessa ry to the City of Gardena Building Inspection Division and CA-DOSH and obtain all permits.
Submit all project documents necessary to the County of Los Angeles Health Department to obtain a permit for a public community center.
Assist City staff with biddi ng project for construction.
- Incorporate Bid Addendum, as required, to issue a conformed “For Construction Set” after the bid phase is completed.
- Construction administration.
Preparation of record documents after construction is complete.
- Submit hard and soft copies of all project documents to City.
Submit evidence of the required insuranc e as set forth in the attached sample consultant agreement (see Attachment B).
Proposal – Part Two
Part Two of the Proposal shall be (2) two fee schedules submitted in a separate sealed envelope marked “CITY OF GARDENA, MAS FUKAI PARK IMPROVEMENTS, FEE PROPOSALS.” The envelope shall also bear the name and business address of the proposer. Consultants shall submit (1) one hard copy and (1) one PDF file on PC- compatible USB drive of Part Two.
The elements of the fee schedule shall include the following:
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
1. A time and material not-to-exceed fee t able for the project, for each consultant, inclusive of appropriate meetings with City st aff. The fees shall show the total for each consultant, each phase, and an overall total.
2. A fee for reimbursable expenses, includ ing reproduction of plans, renderings, etc., which would not be considered planning or design services.
3. A list of potential additional services other than the basic services. These additional services will be reviewed on a case-by- case basis by the City and will be compensated on an hourly bas is with proper written authorization prior to commencement of such work.
4. An hourly rate schedule, valid for the entire length of the project, for all staff working on the project.
CRITERIA FOR SELECTION
City staff will evaluate the proposals submitted and assign each a ranking. The following are the criteria for evaluation of the proposals (in random order):
1. Experience of the firm and project team in performing similar work for the City and/or other public agencies.
2. Demonstrated success on previous pr ojects, especially of similar scope, including quality of work and meeting project schedule and budget.
3. Qualifications of key staff and subcons ultants who will carry out the assignment.
4. Completeness in answering this Request for Proposals.
5. Effectiveness, clarity, and c onciseness of project approach.
6. Ability to meet the project schedule.
7. Ability to meet insurance requirements.
8. Any litigation brought against the firm.
The City will check the references of the top-ranked consultants for such things as record in accomplishing work in a timely manner for similar projects within budget, quality of work completed for the City or other public agenci es, ability to work with City staff and the public, as well as any outstanding litigation.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 The City shall negotiate an agreement with the most qualified consultant. If negotiations with such consultant are unsuccessful, t he City will negotiate wit h the second most qualified firm. The selection process will be complete once a contract is executed. When the City has reached an agreement with a consultant, all firms submitting a proposal will be notified of the results in writing.
Per City policy, the determination of the most qualified consultant shall be on the basis of demonstrated competence and qualifications for the type of services required. The fee proposal will remain confidential in the initial selection process and will not be used as the sole determining factor in consultant selection, but will be one determining factor if more than one firm is deemed qualified to perform the work required on the project.
FEE Separately Evaluated: (PROPOSAL PRICE SHEET)
The evaluation panel may, if it deems ne cessary, select certain proposers for oral interviews and/or presentati ons. Interviews apply only to the top finalist(s), as determined by the evaluation panel. The oral interviews will a llow finalists to demonstrate their understanding of the pr oject objectives and to articulate their capability to meet or exceed the requirements of this RFP.
PROPOSAL SUBMISSION DATE
All proposals must be received by the Publ ic Works Department, City of Gardena, no later than: Wednesday, August 31, 2022, at 4:00 p.m. in a sealed envelope. Proposals received after the time and date indicat ed above shall be deem ed nonresponsive and returned unopened.
Address all proposals to:
Proposal for Design, Landscape Architecture/Architecture and Engineering Services for Mas Fukai Park Improvements (JN 820)
Office of the Public Works Department
City of Gardena
1717 W. 162
nd Street
Gardena, California 90247-3778
No amendments, additions, or alternat es will be accepted after the designated submission time and date.
Each proposal shall be considered valid and binding for a period of 120 days after the proposal due date.
All proposals and documents submitted will becom e the property of the City. Anything considered to be proprietary should be so designated in writing by the proposing firm.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
LEGAL AND INSURANCE REQUIREMENTS
The insurance requirements listed in the samp le consultant agreement (see Attachment B) are mandatory for the consultant.
OTHER CITY REQUIREMENTS
The City reserves the right (in it s sole discretion) to reject any or all proposals. The City shall consider all proposals based on the entirety of the response to this RFP.
The City reserves the right to negotiate specific requirements and cost using the selected proposal as a basis.
The City reserves the right to request additional information from each Firm and to request oral interviews.
The City also reserves the right to reject all RFP’s if they are deemed unsuitable to meet the City's needs. Late or incomplete prop osals will not be cons idered, and the City reserves the right (in its sole discretion) to determine the completeness of all RFP’s.
AVAILABLE BACKGROUND MATERIALS
The following is a list of available background material:
Original drawings of the building and site.
The City does not warrant the accuracy of the information contained in this document.
CITY’S RIGHT TO REJECT; WAIVE IRREGULARITIES
The City reserves the right to reject any or all proposals received in response to this RFP for any reason or waive any irregularities or informalities contained in the proposals consistent with the law.
CITY’S RIGHT TO TERMINATE
Although the City anticipates successful completion of all phases of work for this project, it reserves the right to termi nate work at any time. The consultant’s work for this project shall be considered the property of the City to do with as it wishes, regardless of whether or not the project is fully completed.
COST OF PROPOSAL PREPARATION
The Firm, including their sub-contractors, is responsible for any costs incurred in responding to this RFP.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
ATTACHMENT A
Mas Fukai Park Master Plan –
Summary of Existing Conditions and Recommendations
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 June 06, 2022
City of Gardena Dept. of General Services
Public Works
1717 West 162 Street
Gardena, CA 90247-3778
ATTN: Kevin Kwak
MAS FUKAI PARK
SUMMARY OF EXISTING CONDITIONS AND RECOMMENDATIONS
PARK CONTEXT
SITE INVENTORY ASSESSMENT
COMMUNITY OUTREACH
Mas Fukai Park is a 4.53-acre neighborhood park located at 15800 South Brighton Avenue. The park is adjacent to Peary Middle School and nearby Denker Avenue Elementary School, City Hall, City’s Human Services (all within a
0.40-mile radius) and provides recreation facilities for Gardena residents. The park fronts Brighton Avenue on the west and Normandie Avenue on east side just south of 158th Street. Surrounding the park is mostly a residential neighborhood with single-family (R-1) through multi- family (R4) low-density multiple-family (R-2) residential zone.
The park was purchased from the County and dedicated as a City park in 1960. In June 2000, the Gardena City Council rededicated Recreation Park as Mas Fukai Park. Masani “Mas” Fukai was elected to Council in 1974 and served until his retirement in 1998. Mas, as his friends and associates call him, also served for five years as the Chief Deputy to then Los Angeles County Supervisor Kenneth Hahn.
The major components of the park are a 59-year old community center equipped with three recreation rooms, kitchen, two freestanding restroom buildings, three baseball diamonds, two basketball courts, tot play area, and recently renovated picnic shelter and bbq area.
Due to the age of the park facilities, many of the existing features are reaching their life cycle end. The master plan being developed will focus on some of these features as well as addressing current programming needs such as ADA compliance, water quality management program (WQMP), safety on the play fields, drainage, programming of desired uses through community workshop participation and energy consumption.
In November 2021, a community outreach session was help in addition to a subsequent online community questioniare. City staff meetings further engaged the master plan process taht queried park patrons as to their opinions for future park needs and deficiencies within the current facilities. The major outcomes of the outreach as follows:
• New Community Building
• Resilient surfacing for Tot Lot
• Added Pickleball Courts without reducing the number of Basketball Courts
• An Interior Walking Track
• New Restroom Facilities for the Main Ballfield
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
TOT LOT
BALL FIELDS
The existing tot lot equipment configuration provides a variety of play experiences for different age levels given the allotted space. Poured -in-place resilient surfacing provides access to each of the play experience points of entry and exit (i.e. slides, swings and climbing points).
The remaining area comprises compacted sand. The
resilient surfacing is starting to delaminate and due for replacement.
Recommendations
• Remove all the existing resilient surfacing and
sand. Replace with resilient tiles throughout. Tiles
can be replaced if damaged in the future, whereas
poured-in-place surfacing repairs are difficult and
noticeable.
• Allow the existing play equipment to reach its eventual life cycle end before replacement. Tiles may allow this replacement to occur in a more economic fashion, given the surfacing and equipment would be on different life cycles.
• New ADA Compliant Bleachers and Access
• Exercise Equipment
• Foot Reflexology Labyrinth
• Efficient Field Lighting
• Improved Field Conditions
The Landscape Master Plan reflects the incorporation of staff concerns with degraded facilities and community input from in-person meetings and on-line notifications. A teen space shall be considered which is not currently reflected in the master plan.
The two existing baseball diamonds are continuously used by the Little League and adult softball leagues. The brick dust infields are well groomed through a city maintenance program. However, over the years uneven playing surfaces have developed causing puddling during rain events. Utility / pull box(s) are located in the field of play, potentially a cause for injury. Soil settlement over time have created depressions within the turf play area. Although the overall turf appearance is relatively uniform, it may be beneficial to conduct an irrigation water audit to determine the irrigation system efficiency.
Recommendations
• Scour existing brick dust infield and import additional stabilized brick dust and laser re-grade to meet recreational field standards.
• Determine viability of relocating any/all utility boxes located within the field of play. • Conduct water audit for irrigation coverage. Traditional “catch can” testing or GPS mapping of systems with uniformity distribution software can objectively determine efficiency of systems. Recommendation for head / nozzle replacements to meet current industry standards can then be determined. • Conduct agronomy testing of existing turf soil conditions to determine any deficiencies. Close mow turfgrass and aerate the soil. Provide 50/50 sand / soil mix and prepare uniform grades throughout Address any “lips” at edges of play / brick dust surface. Overseed with appropriate turfgrass mix.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
PARKING
HARDCOURT PLAY
ELECTRICAL SYSTEM
MULTI-USE AREAS
WQMP REQUIREMENTS
Mas Fukai Park is a local park, served only with on-street parking. The master plan proposes (1) Van and (1) Standard ADA stall to be constructed near the entry to the community center. This would provide accessibility to the various park experiences.
Currently, the park has (2) basketball courts. A new sail shade structure for picnicking along with BBQ stations was constructed in 2021. The basketball courts are in relatively good condition with a Sportsmaster™ or equal surface treatment. Cracks in the concrete are evidenced which may be filled / repaired if the city determines the need to bring all the surfacing to the same level. The post / backboards /hoops are in relatively good condition.
Recommendations
During the public outreach / comment phase, a strong demand for pickleball courts was expressed without reducing basketball play area.
Hardcourt play to be reconfigured to meet the expanding recreational programming needs.
• Main Electrical Service: The existing service is fed overhead from Normandie Ave. and drops down into a 277/480V 600A Electrical service. The service itself is aged but appears to be in good working condition and has 10-15 years of useful life left. From this service, there are (2) distribution sections that serve the park.
One is located adjacent to the basketball courts and one is located on the west side of baseball diamond off of Brighton Ave. Both of these distributions appear to be original to the park and are well past their useful life. Both are in need of replacement. Being that they are outdoors, typical anticipated life cycle is approx. 25 years. The following is description of what each distribution feeds.
An existing raised former horseshoe pit area adjacent to the community center will required repurposing and is master planned as open area for yoga, Tai Chi, Zumba or other programmed activities. Alternatively, this area could be converted to exercise stations. The city will seek public input to determine eventual use. Additionally, this area could receive a similar shade structure to compliment the new group picnic structure. An adjacent open turf area outside of the ball field play, may also be explored for potential active use.
Pending the outcome of the final master plan document, a Non-Priority Determination study will address the impact of additional impervious vs pervious pavement replacement or additions. This will likely require removals and replacement surfacing around the main ball diamond / bleacher area to be constructed with pervious pavers or concrete. Additionally, a significant portion of the arrival court and ballfield viewing area adjacent to the recreational building be converted to pervious surfacing to remain under the 5,000 s.f. non-priority threshold. Other BMP’s being explored will be to provide a rain garden on the south side of the recreation building fed from downspouts and adjacent hardscape to retain stormwater run-off.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 ◦ Basketball Court Distribution – Distribution consists of a 225A 480V Panel, 75kVA transformer and 225A 120/208V
Panel. Distribution also provides power to Baseball
Distribution Panel. This distribution feeds the park area lighting around the basketball courts, RR Building and
Community Building.
◦ Baseball Distribution – Distribution consists of a 75kVA transformer and 225A 120/208V Panel. This switchgear
feeds the lighting associated with the baseball fields. • Building: The building is currently fed by a single panel located in the maintenance space between the two exterior restroom spaces. The panel is original to the building and was sized to accommodate the anticipated electrical load, which was minimal when it was installed. The building has no HVAC, only gas fired wall heaters and minimal outlets and lights. The panel is currently being fed from a 208V distribution panel located adjacent to the existing basketball courts. Panel should be replaced as it is passed its useful life cycle.
• Park Lighting: Overall the park lighting needs to be improved. Most of the fixtures are aged or damaged. There are some newer LED fixtures that have been installed in some locations but there is no consistency to the fixtures. The general lighting/security lighting should be designed to meet current park design as it has changed from original concept.
• Sports Field Lighting: The existing fixtures are 1000W metal halide with several burned out fixtures. It is understood that replacement only occurs after several fixtures are scheduled for replacement due to significant costs for the rental of a boom truck personnel required for singular replacements The City should consider an LED option not only for energy savings but also reduced cost of maintenance. The existing fixtures typically have a 12,000 - 15,000 lamp hour rating where LED fixtures are anywhere from 70,000 – 100,000 hours. Although the existing poles look to be in reusable condition, it may be more practical to replace the entire pole and luminaire assembly. A photometric study is recommended to determine benefits or constraints with reuse of poles versus replacement with new fixture arrays. We would highly recommend that the City look at a sports lighting DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
RECREATION BUILDING
The following on-site observations were made by Crane Architects for the existing one-story 4,750 s.f. recreation building built in 1960.
• Existing wood structural members have extensive wood rot. This can be seen in the existing exposed beams, fascias, and exposed roof sheathing. Additional wood rot most likely exists in other areas that are covered by other building materials/finishes and the extent of the wood rot cannot be known unless these areas are exposed.
• Mechanical System: The interior of the existing building is hot during the summer and cold during the winter. The existing mechanical system is old and out of service. The existing system was heating only which was typical for this time period. Due to the building construction, there is no insulation in the walls, ceiling or below the roof.
Windows are low efficient single pane, which do not comply to current code. Due to all these existing conditions, making the existing building comply with current code will be very challenging and not cost effective. Being that walls are CMU block, they would need to be furred out in order to add insulation. Since there is very little ceiling, this would make insulating the roof very difficult. Since the existing mechanical system was heating only, each room has an individual unit. If the building is to be cooled, there is little to no space to run ductwork. This makes the options to use different types of units out of the equation. Since there might only be one or two options available, the cost cannot be easily controlled.
• Plumbing System: The existing plumbing systems in the public restrooms are non-functional and are currently closed off to public use because they do not work. Existing plumbing fixtures throughout, including toilets, urinals, lavatory, and kitchen sink faucets are old and are not the low water consumption fixtures required by the current building code. If the building is remodeled, state law requires all plumbing fixtures to be replaced with new water efficient fixtures. The plumbing systems in the existing kitchen do not comply with current Plumbing Code or Health Department requires for indirect waste, prep and three-compartment sinks, floor sinks, and other required features. In addition, the existing domestic water and sewer systems are old and outdated and would require extensive repair or full replacement. The current building is not ADA accessible. The entrances to the public restrooms do not comply with required path-of-travel widths and slopes. Toilet stalls, urinals, and lavatories do not comply with minimum ADA or Building Code requirements. Existing door thresholds and door hardware are not accessible and level landings are required at each entrance/exit door. Counter heights, light switch heights, and electrical outlet heights are additional building features that are non-compliant. • The building is not energy efficient. Inefficient building features include the following:
◦ Lighting systems (refer to Item #7 for deficiencies)
◦ Window & Door systems: Existing window system are single pane windows with glazing that has minimal efficiency related to U-value and shading coefficient. This has a large impact on the efficiency of lighting and HVAC systems. All windows will need to be replaced with new windows utilizing low ‘E’ 1” insulated manufacturer like Musco, Sportslite or GE to do the design with an LED option. The City’s energy consumption would drop over 45% if the lights are replaced with an LED option and a cloud-based lighting controller to help with scheduling. Additionally, a subscription-based system offers immediate replacement of bulbs. • The existing message board and park identification sign installed approximately (8) years ago and currently non- operational. Additionally, it is understood the software programming interface is antiquated. Staff would prefer an alternate messaging solution, including the relocation of a new monument / messaging board to the area adjacent to the main ball diamond. Existing street trees may need to be replaced to not obscure the messaging.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 dual glazed units with a U- value and shading coefficient complying with current Building Code maximums.
Existing exterior doors are older hollow core doors with a standard honeycomb core. The current Building Code requires exterior doors to be insulated, usually with rigid foam insulating core. ◦ Roofing Materials: The existing roofing materials are outdated and contributes significantly to the heat load of the building. New roofing systems are required to be a cool roof system, which reduces the solar heat gain to the building and contributes to efficient HVAC usage. Also refer to comments in Item #6. ◦ Roof & Wall Insulation (Non-existent): The existing roof structure and exterior walls do not appear to have any insulation. The current code requires conditioned spaces (heated and/or cooled) to have insulated roof and wall systems with a minimum R-value rating as dictated by the current code. Refer to Item #2 for some of the difficulties with insulating the existing roof and wall systems. • The existing roofing materials are deteriorated, and water is leaking into the structure. This has resulted in the wood rot problems mentioned in Item #1. Remodel work, including the installation of new electrical, mechanical, and plumbing systems, will result in the need for new penetrations in the roof. The existing roof should not be patched or repaired as this will only be a temporary fix. In addition, existing roof sheathing and structural members will be rotted and need to be replaced. A new roof system, complying with the current Building Code as a cool roof (see Item #5c), would need to be installed. • Electrical Systems: The existing electrical system is original to the building and needs to be replaced. Also, it does not meet current electrical code on disconnecting means requirements for the building. The existing lighting is very old and poor, there are no lighting controls and due to the construction type all outlets are surface mounted which aesthetically are not pleasant. Although lighting is space by space, controls are typically building wide and work together to make the building as energy efficient as possible. Due to the construction of the building this makes adding controls challenging.
Recommendations:
• A renovation of the existing building would require the existing structure as well as electrical, mechanical, and plumbing systems to comply with current 2019 California Building Codes requirements. Upgrading, repairing, or replacing these systems will be challenging when trying to work around an existing structure. In addition, there will also be hidden problems with the existing building that will only come to light once construction starts, which could result in costly change orders to repair or replace these hidden issues. • Construction of a new building will give the City the opportunity to provide a better functioning building that will better serve the end user. Also, this means the new building will be required to comply with the current 2019 California Building Codes. This would result in a more modern, safer structural system as well as more energy efficient HVAC and electrical systems, and water conserving plumbing systems. • Walls and roof assemblies, as well as, door and window systems, will also be more energy efficient. Finishes will be environmentally friendly (low VOC) as well. The benefit of all of these items will result in a new building that will cost less to build and operate.
• Based on the information above, remodeling the existing building would not be cost effective. It is our recommendation to replace the existing building with a new structure. It is our opinion that constructing a new building would be the most cost-effective solution.
• Note that whether the City decides to remodel the existing building, or demolish the existing building and replace it with new construction, a demolition permit will be required. As part of that permit, the City will be required to obtain an Asbestos and Lead Survey Report and will be required to remediate/remove all lead-based paint and all materials containing asbestos.
• The current floor plan design development was a multiple iteration process which began with the following requirements generally contained within the existing community center footprint:
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 ◦ Lobby
◦ Kitchen
◦ Large Meeting Room
◦ (2) Classrooms
◦ Park Manager Office
◦ Interior Restrooms serving the both the Community Center and Park Visitors ◦ Storage
◦ Changing Room
Iterations involved having the office face the street or into the park, kitchen in the front or towards the rear of the building, classrooms separated by walls or partitioned for flex space, central corridor linking the various functions or maximizing usable meeting space. Community outreach supported adding mirrors, barre rails and resilient flooring for dance programs. The master plan footprint reflects the initial design consensus meeting the programming needs of the community and city staff. However, recent council / community input has focused on providing expanded city-wide teen programs. Consideration to increase the existing building footprint to include the teen space during the final programming phase of the preliminary design.
WOOD ROT
HEATER (ONLY) SYSTEM
ROOFING
WINDOWS
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 OFFICE AT S.E. CORNER
S.W. CORNER - BRIGHTON AVENUE
LIGHTING SYSTEM
S.W. CORNER - 158TH STREET
RESTROOMS AT N.E. CORNER
ELECTRICAL SYSTEM
S.W. CORNER OF BUILDING
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
MEETING ROOM
MULTIPURPOSE ROOM
KITCHEN
GAME ROOM
OFFICE
RESTROOMS
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
REMOTE RESTROOMS
Two existing remote restrooms exist on the site. While there are exterior accessed restrooms available within the existing recreation building, a single-use restroom is available near the tot lot for off-hour visitors. The building restrooms may be locked outside of daytime park manager hours. These restrooms are currently not ADA compliant.
Additionally, a restroom with male/female stalls located next to the main ballfield diamond provides storage use for ballfield equipment.
It was built in the 1960’s and has reached the end of it’s building cycle. The restrooms are not ADA compliant.
Recommendations
• The proposed recreation building would have new outdoor accessible restrooms for park visitors. The single-use restroom would be removed.
• The remote restroom at the main ballfield would be replaced with a prefabricated building with (2) single-use stalls and equipment storage space.
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
CONCEPTUAL LANDSCAPE PLAN
CITY OF GARDENA
MAS FUKAI PARK RENOVATION MASTER PLAN
05/27/2022
L-1
0 feet40
SCALE: 1" = 20'
20 60 80
Landscape Ar chitecture
3185 C1 Airway Avenue Costa Mesa, CA 92626
bgb-inc.comO: 714 545 2898 F: 714 545 2878
Planning Urban Design
2 2 12 10 1314 15
C
11AB
NORMANDIE AVENUE
BRIGHTON AVENUE
WEST 158TH STREET
WEST 160TH STREET
16 20
1934 D
A
18 21
26 27
35 30
28 29
E
B
1 33
23 25
F
G
J
KHB
I
24 17
1 CONSTRUCTION KEYNOTES
REFERENCE NOTES
GATE ACCESS TO PICKLEBALL COURT
2 EXISTING ASPHALT PAVEMENT TO BE REMOVED AND REPLACED WITH PERVIOUS
CONCRETE OR PERVIOUS PAVERS TO MEET ADA COMPLIANCE AND REMOVE
STEP CONDITION AT BLEACHERS
3 NEW CONCRETE CURB AT EDGE OF BALL DIAMOND
4 REPLACE EXISTING NON-ADA-COMPLIANT RESTROOM BUILDING. PROPOSED NEW RESTROOM BUILDING SHOWN AS PUBLIC RESTROOM CO. MODEL #PS-021. REFER TO SHEET L-3 FOR ADDITIONAL LAYOUTS AND ARCHITECTURAL FINISH OPTIONS 5 REGRADE EXISTING BRICK DUST IF / AS REQUIRED TO MEET PROPER GRADIENTS 6 EXISTING AERIAL PHOTOS INDICATE POOR IRRIGATION “DISTRIBUTION OF UNIFORMITY” OF IRRIGATION HEAD COVERAGE. THIS SITUATION PROMOTES OVER-WATERING IN ORDER TO KEEP TURF AREA GREEN. A GPS FIELD SURVEY OF IRRIGATION EQUIPMENT
AND DISTRIBUTION ANALYSIS IS RECOMMENDED TO PROVIDE FUTURE ACTION ITEMS
WITH REGARD TO IRRIGATION UPGRADES
7 EXISTING TURF FIELD IS UNEVEN AND RECOMMENDED TO BE POTENTIAL FINEGRADED
WITH SAND TO CREATE AN EVEN GRADIENT
8 SCARIFY AND AERATE EXISTING TURFGRASS AND RE-HYDROSEED TO PROMOTE HEALTHY
NEW STAND OF TURF
9 ANALYZE EXISTING SITE LIGHTING AND PROVIDE RECOMMENDATIONS TO PROVIDE
NEW CONTROLS AND ENERGY EFFICIENT REPLACEMENT FIXTURES
10 REMOVE EXISTING ASPHALT AND REPLACE WITH NEW CONCRETE PAVING
AND CREATE A SENSE OF ARRIVAL AND GATHERING SPACE TO THE PARK AND
COMMUNITY BUILDING
11 NEW LANDSCAPE PLANTERS TO PROTECT IN PLACE EXISTING ELM TREES 12 PROVIDE (2) NEW ADA PARKING STALLS FOR PARK VISITORS 13 RECONSTRUCT EXISTING ADA RAMP
14 DEMOLISH AND REPLACE EXISTING COMMUNITY BUILDING WITH NEW ENERGY EFFICENT AND REPROGRAMMED CENTER.
15 CONCRETE MOW CURB WITH FOUNDATION PLANTING
16 EMPOWER A COMMUNITY BASED TRIBUTE TILE PROGRAM AT WALKWAY ACCESS POINTS 17 POTENTIAL WOOD BRIDGE ELEMENT OVER BIOSWALE AREA
18 BIOSWALE GRASS AREA POTENTIALLY USED FOR WQMP BMP’S
19 RE-PURPOSE EXISTING RAISED PAD AREA BY LOWERING TO ADJACENT GRADE AND PROVIDE ENHANCED PAVEMENT TEXTURE / COLOR / PATTERN. POTENTIAL USES; EXERCISE STATIONS (SHOWN), YOGA OR TAI CHI GROUP CLASS OR MULTI-USE AREA. 20 MEMORIAL BENCHES
21 EXISTING PLAY STRUCTURES ARE IN GOOD CONDITION. PROPOSE REPLACEMENT OF
EXISTING POURED IN PLACE AND SAND COMBINATION SURFACING WITH NEW TILED
RESILIENT PAVING SYSTEM
22 RE-LOCATE ANY EXISTING UTILITY BOXES OUTSIDE OF PLAY FIELD BOUNDRY 23 (3) NEW PICKLEBALL COURTS WITH CONCRETE AND SPORTSMASTER (OR EQUAL) SURFACING SYSTEM
24 REPLACE EXISTING PARK I.D./ MONUMENT WITH NEW MESSAGE BOARD AND PARK I.D. 25 NEW 10-FOOT CHAINLINK FENCING ENCLOSURE FOR PROPOSED PICKLEBALL COURT 26 FIVE POINT STAR BENCH
27 NEW PARK TREES
28 SEATING WITH SHADE
29 SYNTHETIC TURF CORN HOLE / TAI CHI / ZUMBA ACTIVITY AREA 30 GREEN SCREEN WALL
31 ENHANCED CONCRETE
32 DECOMPOSED GRANITE PERIMETER TRAIL
33 (2) NEW BASKETBALL COURTS
34 PROVIDE OPTIONAL SHADE SAIL STRUCTURE DESIGN
35 REFLEXOLOGY LABYRITH MAZE
A EXISTING BLEACHERS TO REMAIN
B EXISTING ELECTRICAL TRANSFORMER LOCATIONS. MAY BE UPGRADED PENDING FUTURE
EVALUATION
C DEMOLISH EXISTING RESTROOM BUILDING. FACILITIES REPLACED WITHIN FOOTPRINT OF
NEW PROPOSED COMMUNITY CENTER
D PROTECT IN PLACE EXISTING FLAGPOLE
E EXISTING BASKETBALL COURT FACILITIES TO BE RELOCATED PER MASTER PLAN
F EXISTING BBQ STATIONS
G EXISTING ELECTRONIC SIGANGE / NOTICE BOARD TO BE REMOVED
H EXISTING FIELD LIGHTING ELECTRICAL PANEL
I EXISTING SHADE STRUCTURE AND PICNIC AREA IMPROVEMENTS
J EXISTING BACKSTOP TO REMAIN
K PORTIONS OF EXISTING CHAIN LINK REPLACED DUE TO DAMAGE. RIGHT FIELD LINE ALONG NORMANDIE RAISED TO 20FT (PER C.I.P. PROJECT)
4A
A
5 5
6 32
32 31
22 7
8 9
3 2
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
CITY OF GARDENA
MAS FUKAI PARK RENOVATION MASTER PLAN
03/28/2022
L-2Landscape Architecture
3185 C1 Airway Avenue Costa Mesa, CA 92626
bgb-inc.comO: 714 545 2898 F: 714 545 2878
Planning Urban Design
FF
PLAN FOUR
• LARGE MEETING ROOM AND STORAGE IN FRONT OF BUILDING
• KITCHEN / CATERING IN REAR OF BUILDING
• NO HALLWAY CONNECTING ALL FACILITIES WHICH ALLOWS AN
INCREASE OF APPROX. 177 S/F FOR LARGE MEETING ROOM OVER
HALLWAY OPTIONS
• PARTITIONED CLASSROOMS WITH SEPARATE STORAGE SPACES.
NO DIRECT INTERIOR ACCESS TO REAR CLASSROOM WITHOUT
PASSING THROUGH MEETING ROOM
• (2) COMBINED SINGLE OCCUPANCY RESTROOMS OFF FRONT
LOBBY
COMMUNITY BUILDING FLOOR PLAN
0 feet8
SCALE: 1/4" = 1'-0”
4 12 80
MODEL PS-021
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
PRECEDENT IMAGES
CITY OF GARDENA
MAS FUKAI PARK RENOVATION MASTER PLAN
03/28/2022
L-3Landscape Architecture
3185 C1 Airway Avenue Costa Mesa, CA 92626
bgb-inc.comO: 714 545 2898 F: 714 545 2878
Planning Urban Design
WOOD BRIDGE ELEMENT OVER BIOSWALE AREA
TILED RESILIENT PAVING SYSTEM
PICKLEBALL COURT WITH CONCRETE AND SPORTSMASTER
TRIBUTE TILE PROGRAM AT WALKWAY ACCESS
FIVE POINT STAR BENCH
ENHANCED CONCRETE
REFLEXOLOGY LABYRITH MAZE
EXERCISE STATIONS
EXERCISE STATIONS
PERVIOUS CONCRETE PAVERS
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 JOB NO.SHEET
13 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m
C I V I L E N G I N E E R I N G
L A N D S U R V E Y I N G
S T O R M W A T E R Q U A L I T Y
OF
PREPARED FOR:
APVD. DATER E V I S I O N S BY DATE
APPD.:
DATE:
DWG. NO.
H. SCALE:
V. SCALE: SURVEY DATE:
CHD.:
DRN.:
BGB DESIGN GROUP
STATE OF
CAL
IFORNIA
L ICENSED LAND
SURVEYOR VIKTOR P.
MEUM
No. 8682
VIKTOR P. MEUM
P.L.S. 8682
DATE:
1"=20'
- 3-24-20
4-16-20
MSF
-
VM
20049 1 1
TP-01
LOTS 1-24, BLOCK 4, TOWN OF BROAD ACRES, APN 6105-014-900 15800 BRIGHTON AVENUE, GARDENA, CALIFORNIA
TOPOGRAPHIC SURVEY
BENCHMARK NOTE:
THE BENCHMARK FOR THIS TOPOGRAPHIC SURVEY IS PER A DEMOLITION PLAN PROVIDED TO TOAL BY DMS CONSULTANTS.
EASEMENT NOTE:
THE PLAT FOR THIS SURVEY WAS PREPARED WITHOUT A TITLE REPORT. UNPLOTTED EASEMENTS MAY EXIST ON THE SUBJECT PROPERTY.
BOUNDARY NOTE:
THE PLAT SHOWN HEREON REPRESENTS A BEST FIT OF THE RECORD BOUNDARY TO THE FOUND MONUMENTS AND LINES OF OCCUPATION. IT
SHALL NOT BE CONSIDERED THE FINAL BOUNDARY, AND A BOUNDARY
SURVEY IS RECOMMENDED PRIOR TO DESIGN OR CONSTRUCTION OF IMPROVEMENTS.
CENTERLINE AND PROPERTY LINES SHOWN HEREON ARE PER A MAP OF CENTER STREET, LA COUNTY SURVEYOR'S MAP NO. B-672
SCALE: 1"=20'
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1
SURVEY RESULTS FROM COMMUNITY WORKSHOP HELD AT MAS
FUKAI PARK November 20, 2021
Softball/Baseball
Picnicking
Basketball`
Tot Lot
Jogging / Walking Trail
Comm. Bldg Activities
Pickleball
Group Activities
Excercize Stations
Walk
Bike
Drive
Bus Or Facilitated Transport
One Block
A couple of Blocks
1/4 Mile
1/2 Mile
I like to Drive
Tot Lot Safety
Basketball Equipment
Area Lighting
Field Lighting
Grass Field Quality
Infield Quality
Bathrooms
Community Building
Lack of Facilities
Accessibility
Do you actively use Mas Fukai Park for any activities? 1 3 3 4 5 3 1 What activities not currently available would you like to see? 5 5 How did you get to the park? 6 2 5 2
How far do you live from the park? 3 1 4
What most concerns you about the park? 4 3 1 1 7 4 1 2
Other Comments:
No Sand (2)
More Playground
Splash Pad (2)
Flower Garden
Tennis
More shade (3)
Fence between basketball & tot lot
Monthly family cleanup day
Board Games
Solar for bldg
Badmitton overlay for Pickleball (2)
Security (2)
Church Picnics / Activities
Senior Activities
Inside Bldg: Cheerlead/Salsa/Ballet / Children Dance /Resilient flooring / Mirror (2) Kitchen
DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 DocuSign Envelope ID: 50E4B270-193B-44C2-A779-5D517C2016D1 Mas Fukai Master Plan Survey
1 / 38
Q1
Do you actively use Mas Fukai Park for any activities? If Yes, check which ones.
Jogging/Exercise
Q2
What activities not currently available at the park would you like to see?
Other (please specify):
Walking trail
Q3
How do you get to the park?
Walk
Q4
How far do you live from the park?
1/4 Mile
Q5
What most concerns you about the park in its current conditions? Tot Lot Safety 4
Basketball Equipment 3
Area Lighting 6
Field Lighting 7
Grass/Field Quality 8
Infield Quality 9
Public Restrooms 5
Community Building 1
Lack of Activities N/A
Accessibility 2
#1#1
COMPLETECOMPLETE
Collector:Collector: Web Link 1 Web Link 1 (Web Link)(Web Link) Started:Started: Monday, November 22, 2021 7:11:48 PMMonday, November 22, 2021 7:11:48 PM Last Modified:Last Modified: Monday, November 22, 2021 7:13:07 PMMonday, November 22, 2021 7:13:07 PM Time Spent:Time Spent: 00:01:1800:01:18
IP Address:IP Address: 64.201.101.6664.201.101.66