SECTION 20
SURVEYS
20.1 Description
A. This section consists of providing construction staking necessary to layout and control, the work to the elevations, lines, and dimensions shown on the plans. The work shall consists of furnishing all labor, equipment, and materials, and performing all operations in construction staking, as specified herein, as shown on the plans, or as otherwise directed by the Engineer. The Contractor shall give forty-eight (48) hours notice to the Owner’s Engineer when staking is required. If the Contractor requires additional surveying, it will be at his expense.
B. The Owner will establish the survey monuments and elevation benchmarks shown on the plans. These monuments and benchmarks will be provided at the beginning of the work. The contractor is responsible for all construction staking for layout
C. The Contractor shall be responsible for the preservation of the monuments and elevation benchmarks damaged or destroyed during the course of the work, they will be replaced at the Contractor’s expense at a rate of $270.00 per hour plus office time at $165.00 per hour, minimum field time is two (2) hours.
D. The Contractor, at his expense, shall provide any additional staking as may be required for completion of the project. No staking shall be provided for the landscaping and irrigation work.
20.2 Measurement - Surveying will not be measured for payment.
20.3 Payment - No separate payment will be made for Surveying. Full compensation for all costs in connection with Surveying will be included in the contract price for other related sections of these Special Provisions.
City of Marysville Special Provisions 5TH STREET REHABILITATION
SECTION 21
IRRIGATION SYSTEM
21.1 Conditions - The general provisions of the Contract, including General and Supplementary Conditions and General Requirements apply to the work specified in this Section.
a. Furnish all labor, materials, and equipment necessary to complete the irrigation system work as indicated on the Drawings and specified herein. b. Test the entire irrigation system to assure proper operation.
21.2 Quality Assurance and Requirements –
a. Permits and Fees: The Contractor shall obtain and pay for all permits required.
b. Manufacturer’s Directions: Manufacturer’s directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in this contract furnish directions covering points not shown in the drawings and specifications.
c. Ordinances and Regulations
1. All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications and their provisions shall be carried out by the Contractor. Anything contained in these Specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these Specifications and Drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of the Specifications and Drawings shall take precedence.
2. The materials and work of this section shall conform to all applicable provisions of the latest editions of the Uniform Plumbing Code, the National Electrical Code, and all codes properly governing the materials and work at the project site.
3. All electrical materials and work shall conform to California Administrative Code, Title 23, Part 3, Basic Electrical Regulations, Article 18 E 110-16. d. Explanation of Drawings
1. All offsets, fittings, sleeves, etc. which may be required are not indicated.
Carefully investigate the structural and finish conditions affecting all of the work and plan the work accordingly, furnishing such fittings, etc. as may City of Marysville Special Provisions 5TH STREET REHABILITATION
be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. Due to the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required to complete the irrigation system.
2. Before proceeding with any work, the Contractor shall check and verify all dimensions and quantities and shall immediately inform the Project Inspector of any discrepancy between the drawings and/or the Specifications and actual conditions. No work shall be done in any area where there is such a discrepancy until the Project Inspector has given written approval for the same. The Contractor shall assume fully responsibility for work installed without approval.
3. The materials and work shall be installed in such a manner as to avoid conflicts between irrigation system and planting, existing or proposed utilities, and all other construction features.
4. The Contractor shall verify prior to and during construction, that his contract documents reflect the latest revisions, and change orders. The Contractor shall be able to produce such documents at the request of the Project Inspector at any time during construction.
5. Pipe sizes indicated on the Drawings are minimum allowable.
21.3 Existing Conditions – The Contractor shall verify locations of all existing utilities, whether shown on plans or not. The Contractor shall notify U.S.A. two (2) working days in advance of performing any excavation work by calling the toll-free number 1-800-642-2444.
Information on the Drawings relative to existing conditions is approximate only.
Deviations found necessary during construction to conform to actual conditions, as approved by the Owner’s Representative, shall be made without additional cost.
Exercise extreme care in excavating and working near existing utilities.
Contractor shall be responsible for damages to existing utilities that are caused by his operation or neglect and shall pay all costs to repair or replace utilities damaged by his work.
21.4 Submittals –
Material List
a. Contractor shall furnish the articles, equipment, materials, or processes specified by name in the Drawings and Specifications.
b. Complete material list (six (6) copies) shall be submitted prior to performing any work. Material list shall include the manufacturer, model number, and description of all materials and equipment used. c. Equipment and materials installed or furnished without prior approval of City of Marysville Special Provisions 5TH STREET REHABILITATION
the Project Inspector shall be rejected and the Contractor required to remove such materials from the site at his own expense. d. Approval of any item, alternate, or substitute indicates only that the product or products apparently meets the requirements of the Drawings and Specifications on the basis of the information or samples submitted.
The Contractor shall assume full responsibility for any substitutions. The Project Inspector’s decision for approval is final.
21.5 Record Drawings and Maintenance Manuals – The Contractor shall dimension from two (2) permanent points of reference, building corners, sidewalk, or road intersections, etc., the location of the following items:
a. Connection to meter and existing water lines.
b. Connection to electrical power.
c. Gate valves.
d. Backflow preventers.
e. Routing of irrigation pressure lines (dimension maximum 100' along routing).
f. Routing of domestic water lines.
g. Irrigation control valves and manual valves.
h. Routing for control wiring.
i. Quick coupling valves.
j. Irrigation controllers.
Other related equipment as directed by the Project Inspector.
On or before the date of the final observation, the Contractor shall deliver the corrected and completed reproducible Mylars to the Project Inspector. Delivery of the sepias shall not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. Sepias may be obtained for said use at cost from the Landscape Architect.
Controller Charts
a. Record Drawings shall be approved by the Landscape Architect before controller charts are prepared.
b. Provide one (1) controller chart for each controller supplied. c. The chart shall show using a different color the area controlled by each remote control valve and shall be the maximum size that the controller door will allow.
d. The chart shall be a reduced drawing of the actual record drawing system.
In the event the controller sequence is not legible in which the drawing is reduced, it shall be enlarged to a size that is readable. e. When completed and approved, the chart shall be hermetically sealed City of Marysville Special Provisions 5TH STREET REHABILITATION
between two (2) pieces of plastic, each piece being a minimum ten (10) mils thick.
f. These charts shall be completed and approved prior to final observation of the irrigation system.
Operation and Maintenance Manuals
Prepare and deliver four (4) operation manuals as specified and as follows:
a. Catalog parts sheets and phone numbers of manufacturer's on every material and equipment installed under this contract.
b. Guarantee statement.
c. Complete operating and maintenance instructions on all major equipment.
In addition to the above mentioned maintenance manuals, provide evidence in writing to the Project Inspector at the conclusion of the project that the above services have been rendered.
Equipment to be Furnished
Supply as a part of this contract the following tools:
a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. b. Two (2) five (5) foot valve keys for operation of gate valves. c. Two (2) keys for each automatic controller.
d. Two (2) quick coupler keys and matching hose swivels for each type of quick coupling valve installed.
e. Five (5) extra irrigation heads of each type specified.
The above mentioned equipment shall be turned over to the Owner at the conclusion of the project. Before final observation can occur, written evidence that the Owner has received material must be provided to the Project Inspector.
21.6 Product Delivery, Storage, and Handling – Handling of PVC Pipe and Fittings: The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and if installed replaced with new.
City of Marysville Special Provisions 5TH STREET REHABILITATION
21.7 Guarantee – The guarantee for the irrigation system shall be made in accordance with the General Conditions of the Contract Documents.
21.8 Materials – Use only new materials of brands and types noted on the Drawings specified herein or approved equals.
a. Backfill Material.
1. Screened existing on-site material shall be used for backfill material.
Backfill material shall be free from organic materials, large clods of earth or rocks larger than one (1) inch diameter, trash, debris, rubbish, broken cement, asphalt material or other objectionable substances.
2. Sand backfill shall be a fine, granular sand material backfill containing no foreign matter larger than one-half (2) inch in size.
b. Drainage Fill Material
1. Drainage fill material shall be one (1) inch washed, hard and durable, unbroken stone or gravel.
c. Irrigation Pipe Sleeving
1. PVC schedule 40 pipe size as required.
d. PVC Pressure Main Line Pipe and Fittings.
1. Pressure mainline piping for sizes one-and one-half (1-1/2) inch and smaller shall be PVC Schedule 40 with solvent-welded joints.
Pipe shall be made from NSF approved Type l, Grade l, PVC compound conforming to ASTM resin specification D1785. All pipes shall meet requirements set forth in Federal Specification PS-21-70 (Solvent-Weld Pipe).
2. Pressure main line piping for sizes two (2) inches through four (4) inches shall be PVC Class 315 (or all main line Class 315).
Pipe shall be made from a NSF (National Sanitation Foundation) approved Type 1, Grade 1, PVC compound conforming to ASTM resin specification D1784. All pipes shall meet requirements as set forth in Federal Specification PS-22-70, with an appropriate standard dimension ratio (S.D.R./ (Solvent-Weld Pipe).
3. Pressure main line piping for size six (6) inch shall be Class 200 gasketed pipe i.e., Twin Seal (Pacific Western), Ring-tite (John-Mansville), or approved equal.
City of Marysville Special Provisions 5TH STREET REHABILITATION
4. PVC solvent-weld fittings for 2" or larger main line shall be Schedule 40; all other solvent-weld fittings shall be Schedule 40, 1-2, 1 1-1 NSF approved conforming to ASTM D2466.
5. Solvent cement and primer for PVC solvent-weld pipe and fittings shall be of the type and installation methods specified by the manufacturers for each type of pipe.
6. All PVC pipe shall be marked continuously and permanently with the following information: manufacturer’s name, nominal pipe size, schedule or class of pipe, pressure rating in P.S.I. extrusion, NSF approval and date of extrusion.
7. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. e. Other Pressure Main Line Pipe and Fittings.
1. Galvanized Steel Pipe: Steel pipe shall be galvanized, standard weight schedule 40 complying with the requirements of ASTM A-120. Steel Pipe shall be jointed with galvanized, threaded, standard weight malleable iron fittings and couplings.
2. Ductile Iron Pipe: Class 50 with flanged connections. f. PVC Non-Pressure Lateral Line Piping
1. Non-pressure buried lateral line piping shall be PVC Class 200 with solvent-weld joints.
Pipe shall be made from NSF approved, Type 1, Grade 1 l, PVC compound conforming to ASTM resin specification Dl784. All pipes shall meet requirements set forth in Federal Specification PS-22-70, with an appropriate standard dimension ratio.
2. Except as noted in paragraph 1 of Section 2.01F, all requirements for non-pressure lateral line pipe and fittings shall be the same as for solvent-weld pressure main line pipe and fittings as set forth in Section
2.01E of these Specifications.
3. All offsets shall be a minimum three-quarter (¾) inch unless contractor receives written approval from the Project Inspector.
g. PVC Threaded Nipples
1. PVC Schedule 80.
h. Automatic Controllers
City of Marysville Special Provisions 5TH STREET REHABILITATION
1. Automatic controllers shall be of size and type shown on the Drawings. i. Control Wiring
1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG-U.F. 600-volt.
Pilot wires shall be a different color wire for each automatic controller.
Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's Specifications and wire chart. In no case shall wire size be less than #14.
2. All splices shall be made with 3M, DBY, Direct bury splice kit #054007-09053, 3M, DBR Direct bury splice kit #054007-09964, or approved equal.
j. Control Wire Conduit
1. Gray PVC schedule 40 electrical conduit ASTM F-512 size as required. k. Electric Remote Control Valves
1. All electric remote control valves shall be of the same type, manufacturer and sizes as indicated on the Drawings and/or as specified herein or approved by the Project Inspector.
2. All remote control valves shall have a manual flow adjustment. l. Electric Remote Control Valve Boxes
1. Brooks Model 1324 with bolt down green cover, or approved equal.
Extension Model 1324 E8, if required to be installed.
2. Carson Boxes may be submitted. Indicate model numbers equal to Brooks.
m. Irrigation Heads
1. All irrigation heads shall be of the same size, type and deliver the same rate of precipitation with the diameter (or radius) of throw, pressure, and discharge as shown on the plans and/or specified herein, or approved equal.
2. All irrigation head nozzles shall have a screw adjustment. n. Reduced Pressure Backflow Prevention Units
1. Backflow prevention units shall be of size and type as shown on plans.
City of Marysville Special Provisions 5TH STREET REHABILITATION
2. Backflow prevention device shall meet the performance Specifications of AWWA, ASSE, IAMPO, the USC Foundation for Cross Connection Control, Public Health Officials and Sanitary Engineers.
3. Insulating blanket shall be "Weather Guard Blanket" as manufactured by WorldWide Canvas Products, 1-800-333-6721, or approved equal. o. Brass Pipe and Fittings
1. Where indicated on the Drawings use red brass screwed pipe conforming to Federal Specification WW-P-351.
2. Fittings shall be red brass conforming to Federal Specification WW-P-460. p. Gate Valves
1. Gate valves 2-1/2" and smaller shall be 125-lb. SWP bronze gate valve with screw-in bonnet, non-rising stem and solid wedge disc. Valves shall have threaded ends and shall be equipped with a bronze hand wheel and shall be similar to those manufactured by Nibco or approved equal.
2. Gate valves 3" and larger in size shall be Class 125-iron body with bronze trim and flanged ends. Non-rising stem shall have a square-operating unit.
Use Mueller NRS or approved equal.
q. Gate valve box
1. Gate valve box shall be Brooks Model 1100 with bolt down cover, or approved equal. Extension required to be installed.
2. Carson Boxes may be submitted. Indicate model numbers equal to Brooks.
r. Quick Coupling Valves
1. Quick coupling valves shall have a brass two-piece body designed for working pressure of 150 P.S.I. operable with quick coupler. Key size and type shall be as shown on the Drawings.
s. Quick Coupling Valve Box
1. Quick coupling valve box shall be Brooks Model 1100 with bolt down cover or approved equal. Extension if required to be installed.
2. Carson Boxes may be submitted. Indicate model numbers equal to Brooks.
City of Marysville Special Provisions 5TH STREET REHABILITATION
t. ADV (Anti-drain valves) / Check Valves
1. Anti-drain valves shall be of heavy-duty virgin P.V.C. construction with F.I.P. thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Anti-drain valves shall be field adjustable against drainout from 5' to 40'of head. The anti-drain valve shall be similar to the Valcon ADV or approved equal.
u. Sprinkler heads with internal check valves shall be installed to eliminate low head drainage.Water meter and water service connection shall be of size and type shown on the drawings and conform to City of Yuba City Standard Specifications and details.
v. Master valve shall be normally open with a 24 V, 3-watt solenoid with size and type as shown on the drawings.
w. Pressure relief valve shall be of size and type shown on drawings.
Pressure relief valve box shall be Brooks Model 1324 with bolt down green cover or approved equal. Extension Model 1324 E8, if required.
Carson Boxes may be submitted. Indicate model numbers equal to Brooks.
x. Flow Meter shall be of size and type as shown on drawings.
21.9 Observation of Site - All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions and notify the Project Inspector if site conditions have changed.
The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the irrigation system.
21.10 Preparation - Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads.
The Project Inspector prior to installation shall approve all layouts. If equipment is incorrectly located without said approval, it is the Contractor's responsibility to relocate it as per the Project Inspectors directions without additional cost.
21.11 Water and Electrical Services -
a. Water Supply
1. Irrigation system shall be connected to water supply points of connection as indicated on the Drawings. Water service connection shall be installed to conform to City of Yuba City Standard Detail 401 and 405. Water connection installation shall include all work prior to the water meter. Field verify connection point. Owner’s Representative is responsible for any changes caused by actual site conditions. Notify Owner’s Representative of any discrepancies prior to beginning construction. Water connection installation shall be approved by Owner’s Representative.
City of Marysville Special Provisions 5TH STREET REHABILITATION
2. Attach trace wire to main line.
3. Contractor shall verify available flow and pressure. Notify Owner’s Representative if actual flow and pressure differ from what is shown on the Drawings.
b. Electrical Supply
1. Contractor shall provide all materials and connections to supply electrical power for irrigation controllers.
2. Connection shall be made at approximate location(s) as indicated on the Electrical Drawings. The Contractor is responsible for minor changes caused by actual site conditions and for the coordination of all electrical service connections to the controllers.
3. All electrical work and materials shall conform to local codes, ordinances and governing authorities having jurisdiction.
4. The Contractor shall provide 120-Volt power connection to the automatic controller. The Contractor shall provide all materials and connections to supply power to the controllers.
21.12 Installation –
a. Trenching according to City of Yuba City detail I10
1. Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings and as noted.
2. Provide for a minimum of eighteen (18) inches cover for all pressure lines.
3. Provide for a minimum of twelve (12) inches cover for all non-pressure lines.
4. Provide for a minimum of eighteen (18) inches cover for all control wiring.
5. Provide for a minimum of twenty-four (24) inches of cover for all pressure and non-pressure lines under auto circulation areas.
6. Installation shall include any cutting or patching of adjacent concrete or asphalt pavement required to accomplish point of connection.
b. Backfilling
1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill shall conform to adjacent grades without dips, sunken areas, humps or other surface irregularities.
2. Where excavated native soil contains greater then 50% rock or other material one (1) City of Marysville Special Provisions 5TH STREET REHABILITATION
inch diameter or larger, sand backfill shall be placed three (3) inches in depth around all pipes.
3. Flooding of trenches shall be permitted only with approval of the Project Inspector.
4. If settlement occurs and subsequent adjustments in pipe, valves, sprinklers heads, lawn or planting, or other construction are necessary, the Contractor will make all the required adjustments without cost to the Owner.
c. Trenching and Backfilling Under Paving
1. Trenches located under areas where paving, asphaltic concrete or concrete shall be installed, shall be backfilled with approved trench backfill mix as shown on details. All trenches shall be left flush with the adjoining grade. The Contractor shall set in place, cap and pressure test all piping under paving prior to the paving work.
2. Generally piping under existing walks is done by jacking, boring or hydraulic driving, but where any cutting or breaking of sidewalks and/or concrete is necessary, it shall be done and replaced by the Contractor as part of the Contract cost. Permission to cut or break sidewalks and/or concrete shall be obtained from the Project Inspector. No hydraulic driving shall be permitted under concrete paving.
d. Sleeving
1. Install all irrigation and/or electrical sleeving as indicated on the Drawings. Contractor shall coordinate the installation of sleeving with the work of other trades. e. PVC Pipe
1. Routing of irrigation pipe as indicated on the drawings is diagrammatic. Install lines and various assemblies to conform to the details shown on the drawings.
2. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet.
3. Install all assemblies specified herein in accordance with respective detail. In absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of the Project Inspector.
4. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer.
5. PVC pipe shall be installed so that there will be a small amount of excess length in the pipe to compensate for contraction and expansion of the pipe. This shall be accomplished by "snaking" the pipe in the trench during installation.
6. On PVC to metal connections, the Contractor shall work the metal connections first.
Teflon tape or approved equal shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Use threaded PVC adapters into which the pipe may be welded.
7. In changing pipe depth, 45-degree elbows shall be used.
8. Install concrete thrust blocks at every change in direction of the mainline, 3" and larger as per details.
City of Marysville Special Provisions 5TH STREET REHABILITATION
f. Line Clearance
1. All lines shall have a minimum clearance of three (3) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. g. Automatic Controller
1. Install as per manufacturer's specifications and as detailed on the drawings.
2. Controller shall be securely mounted in the location as indicated on the Drawings or approved by the Project Inspector in such a manner those all-normal operations can be conveniently made by the operator.
3. The Contractor shall properly ground the controllers in accordance with manufacturer’s recommendations.
4. The Contractor shall take all control wires to the controller and make all required connections for their installation.
5. All electrical and control wires installed above ground shall be placed in metal conduit or other approved materials and securely mounted.
h. Control Wiring
1. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible.
2. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet.
3. An expansion curl shall be provided within three (3) feet of each wire connection.
Expansion curl shall be of eighteen (18) inches in length at each splice connection and at each electric control, so that in case of repair, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be taped at 10' intervals to pipe.
4. All control wire spliced shall be completely waterproof.
5. Use one splice per connector sealing pack.
i. Electric Remote Control Valves
1. Install as per details and manufacturer's specifications.
2. Install where shown on Drawings. Locate valve boxes 12 inches from walk, curb, headerboard, etc., for easy access.
3. Install one (1) remote control valve per valve box. Provide extension units as required.
Install valve boxes in shrub planting areas whenever possible.
4. Provide eighteen- (18) inch expansion loop at all electrical connections within control valve boxes.
j. Flushing of System
1. After all new irrigation pipe lines and risers are in place and connected, all necessary diversion work is complete, and prior to installation of irrigation heads, the control valves City of Marysville Special Provisions 5TH STREET REHABILITATION
shall be opened and a full head of water shall be used to flush out the system. k. Irrigation Heads
1. Install the irrigation heads as detailed on the Drawings. Irrigation heads to be installed in this work shall be as per details.
2. Spacing of heads shall not exceed the distance indicated on the Drawings.
3. Contractor shall install turf heads where adjacent to fixed objects such as headerboards, curbs, or mowing strips, so that power-edging tools can pass between the turf head and the fixed object without difficulty or damage to the head.
4. Riser nipples for all irrigation heads shall be the same size as the riser opening in the irrigation head body.
5. Install irrigation heads with internal check valves as required to eliminate low head drainage.
l. Backflow Preventer
1. Install backflow prevention assemblies in location and as detailed on the Drawings and as directed by the Project Inspector.
2. Do not use PVC piping in backflow prevention assemblies.
3. Backflow unit shall be properly grounded.
4. Install insulation blanket per manufacturer’s requirements. m. Gate Valves
1. Install as per details and manufacturer's specifications.
2. Install where shown on Drawings. Locate, in valve boxes, 12 inches from walk, curb, headerboard, etc., for easy access.
3. Install one gate valve per valve box. Provide extension units as required. Install valve boxes in shrub planting areas whenever possible.
n. Quick Coupling Valves
1. Install as per details and manufacturer's specifications.
2. Install where shown on Drawings. Locate, in valve boxes, 12 inches from walk; curb, headerboard, etc., for easy access.
3. Install one quick coupling valve per valve box. Provide extension units as required.
Install valve boxes in shrub planting areas whenever possible. o. ADV (Anti-Drain Valves) / Check Valves
1. Units as shown in the details are for typical installation only, and may not be required on all heads.
2. Prior to installation, the Contractor shall verify the on-site grades.
City of Marysville Special Provisions 5TH STREET REHABILITATION
3. If there is an elevation difference of twenty-four (24) inches or more between the highest head and lowest head on a system, the ADV's shall be installed per the detail. p. Water Meter:
1. Install as per manufacturer’s and City specifications. q. Master Valve
1. Install as per details and manufacturer's specifications. r. Pressure Relief Valve
1. Install as per details and manufacturer's specifications. s. Flow Meter
1. Install as per details and manufacturer’s specifications.
21.13 Temporary Repairs - The Owner reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified.
21.14 Field Quality Control –
a. Adjustment of the System
1. The Contractor shall flush and adjust all irrigation heads for optimum performance and to prevent overspray onto walks, windows, roadways, and buildings as much as possible.
2. If it is determined that adjustments in the irrigation equipment shall provide proper and more adequate coverage, the Contractor shall make such adjustments after written approval by the Project Inspector. Adjustments shall include changes in head locations, nozzle size and degrees of arc as required without additional contract costs.
3. If it is determined that any irrigation equipment is improperly installed, then adjustments shall be made to conform to construction documents at no cost to the Owner.
4. All irrigation heads shall be set perpendicular to finished grades unless otherwise designated on the Drawings.
b. Testing of Irrigation System
1. The Contractor shall request the presence of the Project Inspector at least 48 hours in advance of testing. Test system in accordance with Cal-Trans standard specification Test Method A.
City of Marysville Special Provisions 5TH STREET REHABILITATION
2. Test all pressure lines under hydrostatic pressure of 125 pounds per square inch prior to installation of remote control valves.
3. All piping under paved areas shall be tested under hydrostatic pressure of 125 pounds per square inch prior to paving.
4. Sustain pressure in lines for not less than two (2) hours. Repair leaks to the system after test period when a drop of more than five (5) pounds is indicated by the pressure gauge.
5. All hydrostatic tests shall be made only in the presence of the Project Inspector. No pipe shall be backfilled until it has been observed, tested and approved in writing by the Project Inspector. Should any work be covered up before such observation and tests are completed, the Contractor shall, at his own expense, uncover the work; and after it has been observed, tested and approved, he then shall make all repairs with such materials as required to restore all work disturbed to original and proper condition.
6. Furnish necessary force pump and all other test equipment. All equipment shall be present during the test.
7. When the irrigation system is completed, perform a coverage test in the presence of the Project Inspector to determine if the water coverage for landscape areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings or where the system has been willfully installed as indicated on the Drawings, when it is obviously inadequate without bringing this to the attention of the Project Inspector. This test shall be accomplished before any landscape material is planted.
21.15 Maintenance - Provide maintenance per Section 24 - LANDSCAPE MAINTENANCE.
21.16 Clean-up - Clean up shall be made as each portion of work progresses.
Refuse and excess dirt shall be removed from site. All walks and paving shall be broomed or washed down, and any damage sustained to the work of others shall be repaired to original conditions acceptable to the Owner and the Project Inspector.
21.11 Observation Prior to Final Acceptance - The Contractor shall operate each system in its entirety for the Project Inspector at time of final observation. Any items deemed not acceptable shall be reworked to the complete satisfaction of the Project Inspector.
The Contractor shall show evidence to the Project Inspector that the Owner has received all accessories, charts, Record Drawings, and equipment as required before final observation can occur.
21.11 Landscape Maintenance - Normal progress observations shall be City of Marysville Special Provisions 5TH STREET REHABILITATION
requested by the Contractor from the Project Inspector as per observations listed in specifications Section 22 - LANDSCAPE INSTALLATION.
No final observation shall commence without Record Drawings. In the event the Contractor calls for an observation without Record Drawings, without completing previously noted corrections or without preparing the system for observations, he shall be responsible for reimbursing the Project Inspector at the hourly rate in effect at the time of the observation (plus transportation costs) for the inconvenience. No further observations will be scheduled until this charge has been paid.
City of Marysville Special Provisions 5TH STREET REHABILITATION
SECTION 22
LANDSCAPE INSTALLATION
22.1 Scope of Work - Furnish all labor, material, equipment and services necessary to provide all landscape work, complete in place, as indicated on Drawings and specified herein.
Work specified in this Section, includes but is not limited to the following:
1. Soil preparation
2. Planting
3. Turf Seeding
4. Staking
5. Clean-up
22.2 Quality Assurance - Submit documentation to the Project Inspector at least sixty (60) days prior to start of planting that all plant material has been ordered.
Arrange procedure for observation of plant material with the Project Inspector at time of submission.
Plants shall be subject to observation and approval of the Project Inspector upon delivery for conformity to specifications. Such approval shall not impair the right of observation and rejection during progress of the work.
22.2 Quality Assurance –
Delivery
a. The Contractor, upon request by the Project Inspector, shall provide receipts, delivery tickets, load tickets, etc. of all items delivered to the job site to verify products and total quantities.
b. Deliver fertilizer to site in original unopened containers bearing manufacturer’s guaranteed chemical analysis, name trademark, and conformance to State Law.
c. Deliver plants with legible identification labels.
1. Label trees, evergreens, bundles of containers of like shrubs, or ground cover plants.
2. State correct plant name and size indicated on plant list.
3. Use durable, waterproof labels with water-resistant ink that will remain legible for at least sixty (60) days.
d. Protect plant material during delivery to prevent damage to rootball or dessication of leaves.
City of Marysville Special Provisions 5TH STREET REHABILITATION
e. The Contractor shall notify the Project Inspector forty-eight (48) hours in advance of delivery of all plant materials for observation.
Storage
a. Store plant material in shade and protect from weather. b. Maintain and protect plant material.
Handling
a. Do not drop plant materials.
b. Do not pick up container plant material by stems or trunks.
22.4 Job Conditions -
Planting: Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted practice.
Scheduling: Install trees, shrubs, and ground cover plant material before lawn areas are installed and after irrigation system is operable.
22.5 Samples and Tests - The Project Inspector reserves the right to take and analyze samples of materials for conformity to specifications at any time; the Contractor shall furnish samples upon request by Project Inspector. Rejected materials shall be immediately removed from the site at the Contractor’s expense. Cost of testing materials not meeting specifications shall be paid by the Contractor.
22.6 Guarantee and Replacement - Guarantee: All plant material and other materials installed under the Contract shall be guaranteed against any and all poor, inadequate, or inferior materials and/or workmanship during installation and the maintenance period. Any plant found to be dead or not in a satisfactory or healthy condition due to faulty materials, workmanship, or improper maintenance as determined by the Project Inspector, shall be replaced by the Contractor at his expense. Trees shall be guaranteed for a period of one year.
Replacement: Any materials found to be dead, missing, or not in a satisfactory or healthy condition during the maintenance period shall be replaced immediately. The Project Inspector shall be the sole judge as to the condition of the material. Material to be replaced within the guarantee period shall be replaced by the Contractor within fifteen (15) days of written notification by the Owner. All replacement materials and installation shall comply with the Drawings and the Specifications.
22.7 Submittals - The Contractor shall submit to the Owner’s representative two (2) representative samples of bark mulch and the specified soil amendments (organic and Gro-Power) with current (within the last 30 days) analytical data for approval by Owner’s representative prior to any delivery of any of the above mentioned materials to City of Marysville Special Provisions 5TH STREET REHABILITATION
the project site. Submit six (6) copies of all landscape materials, including manufacturer, model number, and description for approval.
22.8 Quality Assurance - All materials shall be of standard, approved, and firstgrade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer’s guaranteed analysis. The Contractor shall supply the Project Inspector with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance of bearing the manufacturer’s guaranteed analysis.
22.9 Products –
A. Soil Conditioner
1. Gro-Power Plus or an approved equal: Humus (bacteria included based fertilizer and soil conditioner with soil penetrant shall consist of the following percents by weight:
5% nitrogen
3% phosphoric acid
1% potash
50% humus
15% humic acids
B. Soil Amendment
1. Nitrogen Stabilized Shavings: 0.56 to 0.84% N based on dry weight for fir bark mulch, treated with relative form of nitrogen (NH3). a) Particle Size: 95% - 100% passing 6.35-mm standard sieve. 80% - 100% passing 2.33 mm standard sieve.
b) Salinity: The saturation extract conductivity shall not exceed 3.5 millimhos/centimeter at 25 degrees (25E) centigrade as determined by saturation extract method.
c) Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight basis. d) Ash: 0 - 6.0% (dry weight).
C. Fertilizer
1. Planting Pit Fertilizer: shall be Gro-Power Plus (bacteria included) with soil penetrant and shall consist of the following percents by weight:
6% nitrogen
City of Marysville Special Provisions 5TH STREET REHABILITATION
20% phosphoric acid
20% potash
50% humus
15% humic acid
2. Turf Starter Fertilizer: Shall consist of the following percents by weight:
12% nitrogen
20% phosphoric acid
0% potash
3. Planting Tablets: Slow-release 21 gram tablets as manufactured by Agriform, containing the following percentages of nutrients by weight:
20% nitrogen
10% phosphoric acid
5% potash
D. Plant Material
1. The plant material indicated on the Drawings by the listed names shall conform to A Standard Plant Names@, second edition, except for names not covered therein, the established customs of the nursery trade are followed. All plants shall be true to name, above one of each bundle or lot shall be tagged with the name and size of the plant, in accordance with the standards of practice recommended by the American Association of Nurserymen. All plant materials shall meet the specifications of Federal, State and County laws, requiring observation for plant diseases and insect infestations. Plants shall be symmetrical, typical for variety and species, sound, healthy, vigorous, free from plant diseases, insect pests or other eggs, and shall have healthy, normal root systems, while filling their containers, but not to the point of being root-bound. Use only plant materials that are first class, representative of the species and cultivars specifies, and that conform to all State and local laws governing the sale, transportation and observation of plant materials. Plants shall have straight, single trunks, unless otherwise specified on the plans. Those specified to be multi-trunk shall have at least three (3) main leaders from the base. Any and all plants that have any encircling roots (not rootbound) shall have root balls lightly slashed on a minimum of three (3) sides to stop encircling root growth. The height and spread of all plant materials shall be measured with branches in their normal position. Sizes of plants shall be as stated on the plant list, five and fifteen (5 & 15) gallon can container stock shall have been grown in that container not less than six (6) months, but shall not have been overgrown in the containers so as to have become root-bound.
2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified City of Marysville Special Provisions 5TH STREET REHABILITATION
in the Special Conditions or Drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform with the measurements, if any, specified on the Drawings in the list of plants to be furnished. Plants larger in size than specified may be larger plants if approved; the ball of earth or spread of roots for each plant will be increased proportionally. Plant material shall conform to the following Specifications for container stock:
SHRUBS
SIZE TYPE HEIGHT SPREAD CALIPER
1 Gal. low growing 8-10" 6-8"
1 Gal tall growing 10-12" 6-8"
5 Gal. low growing 15-18" 15-18"
5 Gal. tall growing 24-30" 15-18"
15 Gal. low growing 30-36" 30-36"
15 Gal. tall growing 42-48" 36-42"
TREES
SIZE TYPE HEIGHT SPREA
D
CALIPER
5 Gal. slow growing 5-6' 12 - 18" ¼”-½”
5 Gal. fast growing 6-7' 12 - 18" ½”– ¾”
15 Gal. slow growing 7-8' 24 - 30" ¾”–1”
15 Gal. fast growing 8-10' 30 - 36" 1”-1¼”
24" Box slow growing 8-10' 3 - 4' 1½”-1¾”
24" Box fast growing 10-12' 4 - 5' 1¾”-2 ½”
30" Box slow growing 12-14' 6 - 7' 2 ½”-3"
30" Box fast growing 12-14' 6 - 7' 2 ½”-3"
36" Box slow growing 14-16' 8 - 10' 2 ½”-3"
36" Box fast growing 14-16' 8 - 10' 2 ½”-3"
3. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor’s expense. The plants shall be of the species, variety, size and condition specified herein or as shown City of Marysville Special Provisions 5TH STREET REHABILITATION
on the Drawings. Under no conditions will there be any substitution of plants or sizes listed on the plans, except with the expressed written approval of the Project Inspector.
4. At no time shall trees or plant materials be pruned, trimmed, or topped prior to delivery and any alteration of their shape shall be conducted only with the approval and when in the presence of the Project Inspector and/or as noted on the Planting Specifications.
5. Nursery Grown and Collected Stock
a) Plant materials shall conform to the best edition of ANSI Z60.1-1986 American Standard for Nursery Stock.
b) Grown under climatic conditions similar to those in locality of project. c) Container-grown stock in vigorous, healthy condition, not root bound or with root system hardened off.
d) Use only linear stock plant material that is well-established in removable containers or formed homogeneous soil sections.
E. Tree Staking Material
1. Stakes for Tree Support
a) Wood Tree Stakes-Lodge pole pine stakes full-length treated with copper naphthanate. Minimum nominal size: two (2) inches in diameter x ten feet (2" x 10') long and pointed at one (1) end (adjust length to fit tree). Stakes shall be free from knots, checks, splits, or disfigurements.
2. Ties
a) Twenty-four (24) inch length Cinch Tie as manufactured by V.I.T.
Company.
F. Miscellaneous Materials
1. Sand: Wash river sand or equal.
G. Mulch
1. Mulch shall be walk-on fir bark mulch as manufactured by Redi-Gro Corporation, Sacramento, California (916) 3818-6063 or approved equal.
2. The mulch shall consist of fibrous, woody bark mixture of varied particle size such that:
City of Marysville Special Provisions 5TH STREET REHABILITATION
a) Physical properties: Percent Passing Sieve Size
90-100 1" (25.4 mm) Dia.
80-100 2" (12.7 mm) Dia.
20-60 1/4" (6.35 mm) Dia.
Maximum particle length shall be 3".
b) Chemistry:
i. Acid in reaction, max pH 5.0
ii. Maximum ash 7% based on dry weight.
iii. Minimum moisture 35% at time of delivery based on fresh weight.
H. Seed Mix
1. Seed mix shall be as specified on the Drawings.
2. Seed shall be weed free, fresh, re-cleaned, Grade A, new crop consisting of the percentages of mix as specified. Seed shall be labeled in accordance with the U.S. Department of Agriculture Rules and Regulations under the Federal Seed Act presently in effect.
3. Seed shall be provided from and mixed by a certified dealer. Seed mixture shall be labeled with manufacturer's guaranteed analysis, germination rate and purity rate.
I. Wood Cellulose Fiber Mulch (Hydromulching)
1. Mulch shall be especially prepared wood cellulose fibers with no growth or germination inhibiting factors, and dyed green to facilitate visual metering during application. Mulch shall be equal to Silva-Fiber as manufactured by Weyerhaeuser Company, Tacoma, Washington. Wood cellulose fiber shall have additional characteristics of dispersing rapidly in water to form a homogeneous slurry and remain in such state when agitated in the hydraulic mulching unit.
2. When applied, the wood cellulose fiber must form an absorptive mat but not a plant inhibiting membrane, which will allow moisture to percolate into the underlying soil. The wood cellulose fiber mulch shall be supplied compressed in packages containing fifty (50) pounds of material having an equilibrium air dry moisture content at time of manufacture of 12% plus or minus 2.
J. Binders
City of Marysville Special Provisions 5TH STREET REHABILITATION
1. "AM-TAC" (AZ-TAC Products, Inc.) or approved equal tackifier to bind fiber mulch to prevent erosion.
K. Fungicide
1. "Banol" (Nor-Am Chemical Co.), Aliette or approved equal.
L. Weed Control
1. Use Enide (Upjohn), Dymid (Elanco Products Co.), Tref Ian, Eptan, Surflan or approved equal.
22.10 Observation - Verify that final grades have been established prior to beginning planting operations. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. Do not begin planting of trees until deficiencies are corrected or plants are replaced.
22.11 Preparation - Stake or mark with lime locations for plants and outline of planting beds on ground. Do not begin excavation until plant locations and plant beds are acceptable to the Project Inspector. The irrigation system shall be operational and approved prior to planting.
All planting areas shall be weed free at the time of turf or plant material installation.
22.12 Installation -
A. Preparation of Planting Area
1. Leach soil prior to amending. After approximate finished grades have been established, and soil has been leached, soil shall be conditioned and fertilized in the following manner. Soil conditioner shall, at the following rate, be uniformly spread and cultivated thoroughly by means of mechanical tiller into the top six- (6) inches of soil.
Application Rates
a) Two hundred (200) lbs. of Gro-Power Plus per 1,000 square feet. b) Three (3) cubic yards of nitrogen stabilized shavings per 1,000 square feet.
2. All soil areas shall be compacted and settled by application of irrigation to a minimum depth of eight (8) inches.
3. At time of planting, the top six (6) inches of all areas to be planted shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all debris, or similar objects that would be a hindrance to planting and maintenance.
B. Final Grades
City of Marysville Special Provisions 5TH STREET REHABILITATION
1. Finished grading shall insure proper drainage of the site. Conform to specification Section 13 - EARTHWORK.
2. The following areas shall be graded so that the final grades shall be established below adjacent paved areas, sidewalks, valve boxes, headers, cleanouts, drains, manholes, etc. as follows:
3. Shrub/ground cover areas: 2-1/2 inches. Hydroseed areas: 2 inch
4. Surface drainage shall be away from all building foundations.
5. Dispose of excess or unacceptable soil from the site.
22.13 Plant Installation -
A. General
1. Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Project Inspector.
2. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area.
3. Container shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken, and they shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area.
B. Layout of Major Plantings
1. Locations for plants and outlines of areas to be planted shall be marked on the ground by the Contractor before any plant pits are dug. The Project Inspector shall approve all such locations. If an underground construction or utility line is discovered prior to work, other locations for planting may be selected by the Project Inspector.
C. Planting of Trees and Shrubs
1. Excavation for planting shall include the stripping and stocking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds.
2. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site.
3. Excavated plant pits shall have positive drainage. Plant pits when fully City of Marysville Special Provisions 5TH STREET REHABILITATION
filled with water shall drain within 8 hours of filling. If plant pits do not drain within this time, an augered hole shall be dug at minimum depth of 6 feet to allow for drainage and root growth. Backfill augered hole with drain rock as specified.
4. Excavating for Planting
a) Shape
i. Slanted sides and flat bottom.
ii. Plant pits to be square for box material, circular for canned material. iii. Scarify sides and bottom of each pit.
b) Size: All trees shall have planting pits dug twice the diameter of the rootball. Shrubs shall have planting pits dug two (2) times the diameter of the rootball. Backfill around the rootball with prepared backfill mix. c) Protect all areas from excessive compaction when trucking plants or other materials to planting site.
d) Can Removal
i. Cut cans on two (2) sides with an acceptable can cutter. ii. Do not injure the rootball.
iii. Do not cut cans with spade or ax.
iv. Carefully remove plants without injury or damage to rootball. v. After removing plant, superficially cut edge roots with knife on three (3) sides.
e) Box Removal
i. Remove bottom of plant boxes before planting.
ii. Remove sides of box without damage to rootball after positioning plant and partially backfilling.
f) Center plant in pit.
g) Face plants with fullest growth into prevailing wind. h) Set plant plumb and hold rigidly in position until soil has been tamped City of Marysville Special Provisions 5TH STREET REHABILITATION
firmly around ball roots.
i) Remainder of planting pit shall be backfilled with:
i. Five (5) parts rock-free native soil.
ii. Five- (5) part nitrogen stabilized shavings.
iii. Eighteen (18) pounds of Gro-Power Plus planting pit fertilizer per cubic yard of mix.
iv. Specified type and quantity of planting tablets.
j) All plants that settle shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one-half (½) of the height of the rootball. Water shall be added to the top of the partly filled hole to thoroughly saturate the rootball and adjacent soil.
k) After the water has completely drained, planting tablets shall be placed adjacent to but not in contact with rootball.
One (1) tablet per 1-gallon container
Two (2) tablets-per 5-gallon container
Three (3) tablets per 15-gallon container
Four (4) tablets per 24" box
Five (5) tablets per 30" box
Six (6) tablets per 36" box
l) The remainder of the hole shall be backfilled.
m) After backfilling, an earthen basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least three (3) inches of water. Basin shall be of a size suitable for the individual plant. In no case shall the basin for a fifteen- (15) gallon plant be less than four (4) feet in diameter, a five- (5) gallon plant less than three (3) feet in diameter. The basins shall be constructed of amended backfill materials, and shall not be constructed for trees in turf areas. n) Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third (1/3) of the branching structure. Upon approval of the Project Inspector, pruning may be done before delivery of plant, but not before plants have been observed and approved. Prune as per specifications Section 24 - City of Marysville Special Provisions 5TH STREET REHABILITATION
LANDSCAPE MAINTENANCE.
o) Staking
i. Staking of all trees shall conform to tree staking and tree planting details.
ii. One (1) tree of each size shall be staked and approved by the Project Inspector prior to continued staking.
D. Planting of Ground Cover
1. Ground cover shall be planted in straight rows and evenly spaced, unless otherwise noted, and at intervals called out in the Drawings. Triangular spacing shall be used unless otherwise noted on the Drawing.
2. Each rooted plant shall be planted with its proportionate amount of flat soil or in a peat pot in a manner that will insure minimum disturbance of the root system, but in no case shall this depth be less than two (2) nodes. To avoid drying out, plantings shall be immediately irrigated after planting until the entire area is soaked to the full depth of each hole, unless otherwise noted on the Drawing.
3. Care shall be exercised at all times to protect the plants after planting. Any damage to plants by trampling or other operations of this Contract shall be repaired immediately.
E. Turf Seed Planting
1. Soil Preparation: As per paragraph 3.03 A & B.
2. Fine grade all areas to remove all ridges and depressions. Areas shall be smooth and continuous with firm planes that insure proper surface drainage. All rocks, soil lumps, and deleterious materials larger than one (1) inch shall be removed and the areas raked and compacted with two hundred (200) pound roller.
3. Establish finish grades in a continuous uniform line resulting in a uniform surface with no ridges or water pockets.
4. The Contractor shall avoid any additional soil compaction, and shall not permit vehicular or equipment traffic over such areas. In the event of such compaction, the Contractor shall be required to re-cultivate any areas thus compacted.
5. Hydromulching: Hydromulch shall be applied with mechanical hydraulic mulcher equal to models produced by Toro or Finn manufacturing City of Marysville Special Provisions 5TH STREET REHABILITATION
companies. Hydromulch application shall contain the proper proportions of water to form slurry mixture, an the following components at these specified rates:
Turf seed at ten (10) pounds per 1,000 square feet.
Wood cellulose fiber mulch at sixty (60) pounds per 1,000 square feet.
Binder at rate recommended by manufacturer.
Fungicide at one-third (1/3) pound per 1,000 square feet.
Turf starter fertilizer at ten (10) pounds per 1,000 square feet.
Selective pre-emergent herbicide at rate recommended by manufacturer.
Slurry mixture ingredients shall be continuously mixed to form a completely homogeneous slurry. Slurry mixture shall be applied uniformly over the prepared grades at a rate of one hundred and twenty-five (125) gallons per l,000 square feet. Protect adjacent pavings, vertical walls, and miscellaneous non-hydromulch areas from overspray. If overspray occurs, clean up at the end of each day's work.
6. Watering: Allow slurry mixture to "set" approximately twenty-four (24) hours, then water thoroughly and completely to insure proper seed germination. Repeat watering at regular intervals to keep seed germinating and growing at all times until plant material is established.
After establishment, decrease frequency and increase amount of water per application as necessary to maintain strong growth and appearance.
7. Replacement: Replace all dead or unhealthy stands of turf with equal material as directed by the Project Inspector.
F. Weed Control
1. Apply weed control to all non-turf areas after completion of all planting and one (1) complete watering (to "set" plants).
2. Apply as per manufacturer's specifications.
G. Mulch Cover
1. All shrub and groundcover planting areas shall be dressed with a three- (3) inch layer of mulch.
22.14 Clean-up - After all planting operations have been completed, remove all trash, excess soil, empty plant containers or rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and/or the last working day of each week. All trash shall be removed completely City of Marysville Special Provisions 5TH STREET REHABILITATION
from the site. The Contractor shall leave the site area broom-clean and shall wash down all paved areas within the Contract area, leaving the premises in a clean condition acceptable to Owner and Project Inspector.
22.15 Observation Schedule –
A. The Contractor shall be responsible for notifying the Project Inspector in advance for the following observations according to the time indicated:
1. Pre-construction conference - 7 days.
2. Rough grade review - 48 hours.
3. Controller and point of connection equipment installation review - 48 hours.
4. Prior to trench backfilling, irrigation pressure line, lateral line installation control wiring, and testing - 48 hours.
5. Irrigation sprinkler coverage test prior to planting - 48 hours.
6. Finish grade review - 48 hours prior to hydromulching.
7. Plant layout review - 48 hours.
8. Soil preparation and planting operations. One (1) tree with each type of specified staking shall be approved prior to planting of trees - 48 hours.
9. Pre-emergent application (include all receipts) - 48 hours.
10. Pre-maintenance - 48 hours.
11. End of landscape maintenance / Final acceptance - 48 hours.
B. No site visits shall commence without all items noted in previous Observation Reports, either completed or remedied, unless such compliance has been waived. Failure to accomplish punch list tasks or prepare adequately for desired observations shall make the Contractor responsible for reimbursing the Project Inspector at his current billing rates per hour, plus transportation costs.
22.16 Landscape Maintenance - Provide Landscape Maintenance as per Section 23 - LANDSCAPE MAINTENANCE.
City of Marysville Special Provisions 5TH STREET REHABILITATION
SECTION 23
LANDSCAPE MAINTENANCE
23.1 Conditions - The general provisions of the Contract, including General and Supplementary Conditions and General Requirements apply to the work specified in this Section.
23.2 Scope of Work - Furnish all labor, material, equipment and services required to maintain landscape in a healthy growing condition and in a neat and attractive appearance throughout the maintenance period.
23.3 Quality Assurance - The Maintenance Contractor shall be experienced in horticulture and landscape maintenance, practices and techniques, and shall provide sufficient number of workers with adequate equipment to perform the work during the maintenance period.
23.4 Maintenance Period - Continuously maintain the entire project area during the progress of the work and during the sixty (60) calendar days, maintenance period or until final acceptance of the project by the Owner.
Maintenance period shall not start until all elements of construction, planting and irrigation for the entire project are in accordance with Plans and Specifications. A prime requirement is that all lawn and landscape areas shall be planted and that all lawn areas shall show an even, healthy stand of grass seedlings that shall have been mown twice. If such criterion is met to the satisfaction of the project inspector, a written notification shall be issued to establish the effective beginning date of maintenance period.
Any day of improper maintenance, as determined by the project inspector, shall not be credited as an acceptable maintenance period day. The maintenance period shall be extended on a daily basis if the work is not in accordance to the Plans and Specifications. Project shall not be segmented into maintenance areas or phases, unless by authorization of the Owner.
Maintenance shall continue beyond the allowed sixty (60) calendar days maintenance period, as required, until the Owner gives final acceptance.
Contractor shall provide protection to the project site during the maintenance period.
23.5 Guarantee and Replacement - Guarantee: All plant material and other materials installed under the Contract shall be guaranteed for the duration of the landscape maintenance period against any and all poor, inadequate or inferior materials and/or workmanship or improper maintenance, as determined by the project inspector, shall be replaced by the Contractor at his expense. Trees shall be guaranteed for a period of one year.
Replacement: Any materials found to be dead, missing, or not in a satisfactory or healthy condition during the maintenance period shall be replaced immediately. The project inspector shall be sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within five (5) City of Marysville Special Provisions 5TH STREET REHABILITATION
days of written notification by the Owner. All replacement materials and installations shall comply with the Plans and Specifications. Any plant missing due to suspected theft shall be replaced by the Contractor. If the Contractor suspects that theft may be a problem, the Contractor shall provide written documentation to the Owner that security on this site needs to be intensified. The Contractor may relieve himself of theft responsibility if after the security notice, with no result, a written notice to the Owner shall be given that plant material will not be replaced for theft or vandalism due to lack of site security being maintained. This procedure may take place only during the Landscape Maintenance Period.
23.6 Observation Schedule - Normal progress observations shall be requested by the Contractor from the Landscape Architect as per observations listed in specifications in Section 23 - LANDSCAPE INSTALLATION.
23.7 Final Acceptance of the Project - Upon completion of all project work, including maintenance period, the project inspector will, upon proper request, make an observation to determine final project acceptability.
Where observed work does not comply with the Plans and Specifications, replace rejected work and continue specified maintenance period until reinspected by the project inspector and determined to be acceptable. All replacement materials and installations shall be in accordance with the Plans and Specifications. Remove rejected work and materials immediately from project. Prior to the date of final observation, Contractor shall provide the Owner with all Record Drawings and written Guarantee Statement in accordance with the Plans and Specifications.
23.8 Materials - All materials used shall either conform to Specifications in other sections or shall otherwise be acceptable to the Owner. The Owner shall be given a monthly record of all herbicides, insecticides, and disease control chemicals used.
A. Turf maintenance fertilizer: shall consist of the following percents by weight
16% nitrogen
6% phosphoric acid
8% potash
B. Slow Release turf maintenance fertilizer: shall consist of the following percents by weight:
21% nitrogen
3% phosphoric acid
5% potash
C. Shrub maintenance fertilizer: shall consist of the following percents by weight:
21% nitrogen
City of Marysville Special Provisions 5TH STREET REHABILITATION
0% phosphoric acid
0% potash
23.9 Maintenance – Proper maintenance, including watering, weeding, mowing, edging, fertilization, repairing and protection shall be required until entire project is finally accepted, but in any event for a period of not less than the specified maintenance period after planting.
A. Watering: Thoroughly water to insure vigorous and healthy growth until work is accepted. Water in a manner to prevent erosion due to application of excessive quantities of water. All trees shall be hand watered during the maintenance period to ensure adequate moisture to penetrate throughout the entire tree rootball. Do not overwater. When hand watering; use a water wand to break the water force.
B. Weeding: Keep plant basins and areas between plants free of weeds.
Control weeds with pre-emergent herbicides. If weeds develop, use legally approved herbicides. Weeding also shall be included in all paved areas, including public or private sidewalks. No hand weeding shall be performed.
C. Tree in turf areas: Remove turf from around each tree to create a 3'-0" diameter turf free area.
D. Pruning
1. Trees: Prune trees to select and develop permanent scaffold branches; to eliminate narrow V-shaped branch forks that lack strength; to reduce toppling and wind damage by thinning out crowns; to maintain a natural appearance and to balance crown with roots. Prune only as directed by the project inspector.
2. Shrubs: Same objectives as for trees. Shrubs shall not be clipped into balled-boxed forms unless such is required by the landscape plans. All pruning cuts shall be made to lateral branches, buds, or flush with the trunk. "Stubbing" and "heading" shall not be permitted.
3. Only skilled workmen shall perform pruning work in accordance with standard horticultural pruning practices. Remove from the project all pruned branches and material. Remove and replace any plant material excessively pruned or malformed resulting from improper pruning practices at no additional costs to the Owner.
E. Staking: Stakes shall remain in place through the guarantee period and shall be inspected and adjusted to prevent rubbing that causes bark wounds.
City of Marysville Special Provisions 5TH STREET REHABILITATION
F. Insect, Animal, Rodent and Disease Control: Maintain proper control with legally approved materials as required as part of the Contract.
G. Protection: The Contractor shall maintain protection of the planted areas.
Damaged areas shall be repaired or replaced at the Contractor's expense.
Install security fence, 6'- 0" high, for the entire length of maintenance period around entire project area.
H. Trash: Remove trash weekly in all planted areas, pedestrian walkways and parking areas.
I. Replacement: As per Guarantee and Replacement Specifications of this Section.
23.10 Lawn Maintenance -
A. Mowing and Edging
1. Mowing of turf will commence when the grass has reached a height of two and one-half (2-1/2) inches. The height of cut will be two (2) inches.
Mowing will be at least weekly after the first cut. Turf must be wellestablished and free of bare spots and weeds to the satisfaction of the project inspector prior to final acceptance.
2. Excess grass clippings shall be picked up and removed from the site and premises.
3. Let turf areas dry out enough so that mower wheels do not skid, tear or mark the lawn.
4. Edges shall be trimmed at least twice monthly or as needed for neat appearance. Clippings shall be removed from paved and plantings areas, etc. and disposed of from the site.
B. Watering: Lawns shall be watered at such frequency, as weather conditions require to replenish soil moisture below root zone and to establish healthy strands of grass.
C. Disease control: Control turf diseases throughout the maintenance period with legally approved fungicides and herbicides.
D. Weed Control: Control broad-leaf weeds with selective, legally approved herbicides.
E. Fertilization:
1. During maintenance period an application of turf maintenance fertilizer, as City of Marysville Special Provisions 5TH STREET REHABILITATION
specified, shall be made at thirty (30) day intervals from the date of maintenance period start at a rate of five (5) pounds per 1,000 square feet, or as per manufacturer's recommendations.
2. Final application (prior to final acceptance) shall be made with the slow-release turf maintenance fertilizer at the manufacturer's recommended application rate.
3. Shrub fertilization: During maintenance period an application of shrub maintenance fertilizer, as specified, shall be made at thirty (30) days and again at sixty (60) days from the start date of maintenance period at a rate of five (5) pounds per 1,000 square feet, or as per manufacturers recommendations.
F. Replacement: At conclusion of maintenance period a final observation of lawn and turf areas shall be made. Remove diseased areas and unhealthy strands of grass from the site; do not bury into the soil. Replant areas with materials and in a manner as specified on the Plans and Specifications at no additional cost to the Owner.
23.11 Irrigation System - System Observation: The Contractor shall check all systems for proper operation. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral. All heads are to be adjusted as necessary to be plumb and to have unimpeded and head to head coverage.
Controllers: Set and program automatic controllers for seasonal water requirements. Give the Owner’s representative instructions on how to turn off system in case of emergency.
Repairs: Repair all damages to irrigation system at the Contractor’s expense.
Repairs shall be made within twenty-four (24) hours.
City of Marysville Special Provisions 5TH STREET REHABILITATION
ATTACHMENT A
SECTION 3 CLAUSE
All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause):
1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CER Part 135.
6. Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD-assisted contracts.
City of Marysville Special Provisions 5TH STREET REHABILITATION
ATTACHMENT B
EQUAL OPPORTUNITY
STANDARD CONTRACT LANGUAGE
ALL CONTRACTS AND SUBCONTRACTS
1. The Civil Rights, Age Discrimination and Rehabilitation Acts Assurance:
During the performance of this Agreement, Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development of 1974 as amended, the Age Discrimination Act of 975, and the Rehabilitation Act of 1973, and all implementing in regulations.
2. The Training, Employment and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance:
a. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
c. Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker’s representative of his commitments under Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
3. State Nondiscrimination Clause
a. During the performance of this Agreement, Contractor and its City of Marysville Special Provisions 5TH STREET REHABILITATION
subcontractors shall not unlawfully discriminate against any employee or applicant of employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. Contractor and subcontractor shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 13900 et seq.) and the applicable regulations promulgated thereunder (California Administrative code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
b. This Agreement shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
Contractor hereby agrees to abide by the requirements of Executive Order 11246 and all implementing regulations of the Department of Labor.
City of Marysville Special Provisions 5TH STREET REHABILITATION
INSERT FORM HUD-4010
PROPOSAL TO THE PUBLIC WORKS DEPARTMENT
CITY OF MARYSVILLE
NAME OF BIDDER:
TITLE:
SIGNATURE OF BIDDER:
COMPANY NAME:
CONTRACTOR LICENSE NO. CLASSIFICATION
BUSINESS ADDRESS:
TELEPHONE NO.: AREA CODE ( )
PLACE OF RESIDENCE:
The work to be done and referred to herein is in Marysville, State of California, and shall be constructed in accordance with the Special Provisions (including the payment of not less than the minimum wage rates set forth therein) and the contract annexed hereto and also in accordance with the Standard Plans dated May 2018, the Standard Specifications dated May 2018, the wage rates of the General Prevailing Wage Rates of the Department of Transportation, and the equipment rental rate and labor surcharge portions of the publication entitled “Labor Surcharges and Equipment Rental Rates.” The work to be done in accordance with the Special Provisions entitled:
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
Bids are submitted for the entire work. The amount of the bid, for comparison purposes, will be the total of all items. The total of unit basis items will be determined by extension of the item price on the basis of the estimated quantity set forth for the item.
The bidder shall set for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the “Total” column shall be the extension of the item price bid on the basis of the estimated quantity for the item.
In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail; provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause or is omitted, or in the case of unit basis items is the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
City of Marysville Proposal 5TH STREET REHABILITATION
1. As to lump sum items, the amount set forth in the “Total” column shall be the item price.
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two bonds in the sums to be determined as aforesaid with surety satisfaction to the City of Marysville, within fifteen (15) days, not including Sundays and legal holidays, after the bidder has received notice from the Director of Public Works that the contract has been awarded, the City of Marysville may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Marysville.
The undersigned, as bidder, declares that he/she has received Addendum Nos. ____, ____, ____, ____, ____, ____, ____. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation, and in submitting this proposal the undersigned bidder agrees that if it is determined that he is the successful bidder, he will execute the attached non-collusion affidavit, that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to, and he proposes and agrees, if this proposal is accepted, that he will contract with the City of Marysville in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following item prices, to wit:
5TH STREET REHABILITATION
PROJECT NO. 5009(030)
Item
No.
Item Description Estimated
Quantity
Unit Unit Price
($/Unit)
Amount
($)
1 Mobilization/Demobilization 1 LS
2 Traffic Control 1 LS
3 Construction Area Signs 1 LS
4 Profile / Taper Grind Existing Roadway Section 117,200 SF 5 Remove Concrete Sidewalk, Curb, & Gutter 31,300 SF
6 Pavement Repair Sections 27,000 SF
7 Asphalt Concrete (3/4" HMA Type A) 2,870 TON
8 Minor Concrete (6"Barrier Curb and Gutter) 3,800 LF
9 Minor Concrete (Sidewalk- City Detail 103) 26,000 SF
10 Accessible Ramps / Truncated Domes within
sidewalk area
41 EA
City of Marysville Proposal 5TH STREET REHABILITATION
11 Class 2 Aggregate Base (0.50 - feet) (under
Sidewalk)
970 TON
12 Minor Concrete (Heavy Duty Driveway City
Detail 105)
18 EA
13 Traffic Signal Work (Temporary signal
modifications and signal detection at H Street)
1 LS
14 Traffic Signal Work (Relocate/Replace Poles &
Mast Arms)
4 EA
15 Traffic Signal Work (Relocate/Replace Signal
Controls)
1 LS
16 RRFB Pedestrian crossing at F Street 1 LS
17 Adjust Existing Sewer Manhole Cover to Grade 6 EA
18 Adjust AT&T Manhole Cover to Grade 7 EA
19 Adjust Water Valve Cover to Grade 17 EA
20 Roadside Sign - One Post 24 EA
21 Adjust Survey Monument Cover to Grade 4 EA
22 Pavement Delineation 1 LS
23 Single Head Decorative Street Lights (includes
all work from point of connection to street light,
includes installation of banner brackets)
7 EA
24 Double Head Decorative Street Lights (includes
all work from point of connection to street light,
includes installation of banner brackets)
7 EA
25 Planter Excavate, Scarify & Backfill with Top
Soil (Select material generated from
excavation)
5,715 SF
26 6" C900 PVC Irrigation Sleeves in Roadway 630 LF
27 Landscape Irrigation System per Irrigation
Plans including sleeves
1 LS
28 Landscape Planting per Landscape Plans 1 LS
29 Landscape Planter Decomposed Granite 210 TON
30 6" Cobble Set in Concrete 1,100 SF
31 Class 2 Aggregate Base Under Concrete and
Cobble
27 TON
32 6" Median Planter Curb 1,875 LF
33 10 Inch Class 4 Reinforced Concrete Pipe 130 LF
34 8 Inch Class 4 Reinforced Concrete Pipe 141 LF
35 Remove Existing Storm Drain Inlet 9 EA
36 Connect to Existing Storm Drain 7 EA
37 City - Storm Drain Drop Inlet 9 EA
38 Adjust Existing Storm Drain Manhole Cover to
Grade
9 EA
39 Prepare SWPPP, File NOI, File NOT, and
SMARTS database reporting for the project
1 LS
40 SWPPP implementation including installation
and maintenance of all required BMPs during
construction
1 LS
Total Bid =
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
BIDDER’S BOND
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
We, __________________________, as Principal, and
_________________________, as Surety, are bound unto the City of Marysville, Public Works Department, hereafter referred to as “Obligee,” in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal is submitting a bid to the Obligee for 5TH STREET REHABILITATION for which bids are to be opened at Marysville, California, on _______________________________. NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the Notice to Contractors, Special Provisions, Proposals, and Contract for this work, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials is provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by Obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.
Dated: _______________________, 20____
By:
By:
THE BIDDER’S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL
SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL.
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __________________________________________, proposed subcontractor ____________________________________, hereby certifies that he has ___ has not ___, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60-1.7(b)(1)], and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _______ No _______
If the answer is yes, explain the circumstances in the following space:
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two (2) year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares, under penalty of perjury under the laws of the State of California, that the bidder has ___ has not ___ been convicted within the preceding three (3) years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal Antitrust Law in connection with the bidding upon, award of or performance of any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided.
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
_________________________________, being first duly sworn, deposes and says that he/she is _________________________ of __________________________________, the party making the foregoing bid, that the bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his/her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
CERTIFICATION
(LABOR CODE SECTION 1861)
STATE OF CALIFORNIA )
) SS
COUNTY OF YUBA )
I, the undersigned, do hereby certify:
That I am aware of the provisions of Section 3700 of the Labor Code of the State of California, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Executed at
On
(Date)
I CERTIFY under the penalty of perjury that the foregoing is true and correct.
Signature of Contractor-Employer
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) 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.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee 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 of Lobbying Activities,” in accordance with its instructions.
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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal
Action:
2. Status of Federal
Action:
3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ___ quarter _______
f. loan insurance date of last report ________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _____ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable _________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including address if (If individual, last name, first name, MI) different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ ____________ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature___________ e deferred
value____________ f. other, specify ______________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officers(s),
employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ____________________________________ Print Name: __________________________________
Title: ________________________________________
Telephone No.:_________________ Date:__________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known.
Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., “RFP-DE-90-001.”
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter last name, first name and middle initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503
Exhibit 15-G Construction Contract DBE Commitment
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
10. Bid
Item
Number
11. Description of Work, Service, or Materials
Supplied
12. DBE
Certification
Number
13. DBE Contact Information
(Must be certified on the date bids are opened)
14. DBE
Dollar
Amount
Local Agency to Complete this Section
15. TOTAL CLAIMED DBE PARTICIPATION
$
21. Local Agency Contract Number: 22. Federal-Aid Project Number: %
23. Bid Opening Date:
24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
25. Local Agency Representative's Signature 26. Date 16. Preparer's Signature 17. Date
27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone
29. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
5. Bidder’s Name - Enter the contractor’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.
8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.
SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.
11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.
Also, enter the prime contractor’s name and phone number, if the prime is a DBE.
14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided.
Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”).
If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.
17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.
18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.
19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION
21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
22. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
23. Bid Opening Date - Enter the date contract bids were opened.
24. Contract Award Date - Enter the date the contract was executed.
25. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.
26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
27. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.
28. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.
THIS LIST MUST BE SUBMITTED WITH BID PROPOSAL.
EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS
DBE INFORMATION - GOOD FAITH EFFORTS
Federal-aid Project No. ____________________________ Bid Opening Date ___________________ The City of Marysville established a Disadvantaged Business Enterprise (DBE) goal of 17.0% for this project. The information provided herein shows that a good faith effort was made.
Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the 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.
Submittal of only the “Local Agency Bidder DBE Commitment” form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions:
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 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.
Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
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 made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ F. Efforts made to assist interested DBEs in obtaining 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 (use additional sheets if necessary): _____________________________________________________________________________ _____________________________________________________________________________ NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
EXHIBIT 12-B BIDDER’S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PART I The bidder shall list all subcontractors (both DBE and non-DBE) in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Firm Name/ Address/ City, State, ZIP Phone/ Fax Annual Gross Receipts Description of Portion of Work to be Performed Local Agency Use Only (Certified DBE?) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) EXHIBIT 12-B BIDDER’S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PART II The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Address/ City, State, ZIP Phone/ Fax Annual Gross Receipts Description of Portion of Work to be Performed Local Agency Use Only (Certified DBE?) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million License# > $15 million Age of Firm (Yrs.) INSERT PAYROLL FORM WH-347
INSERT FEDERAL WAGE RATES IN AFFECT AT TIME OF
AWARD
https://sam.gov/content/wage-determinations
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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 the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, 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
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 policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, 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 wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 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 nonminority 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.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
FHWA-1273 -- Revised May 1, 2012
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
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 DavisBacon 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 submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site 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.
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.
FHWA-1273 -- Revised May 1, 2012
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 DavisBacon 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.
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.
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.
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).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 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.
FHWA-1273 -- Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
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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.
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 lower tier 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 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.
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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.
(https://www.epls.gov/), which is compiled by the General Services Administration.
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.
STATE LABOR STANDARDS PROVISIONS
State prevailing wage rates shall apply when the State wage rate is higher than the Federal wage rate. All contractors and subcontractors are subject to the application of Section 1720 et seq. of the California Labor Code which details the regulations and procedures governing the payment of State prevailing wages.
All contractors and subcontractors are subject to the provisions of Section 3700 of the California Labor Code which requires that every employer be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the code.
All contractors and subcontractors are subject to the provisions of Sections 1810-1814 of the California Labor Code which provide that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the contractor or subcontractor shall forfeit, as a penalty, $25 for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week and is not paid overtime.
Section 1815 of the California Labor Code requires that notwithstanding the provisions of Sections 1810-1814, employees of contractors who work in excess of eight hours per day and 40 hours per week shall be compensated for all hours worked in excess of eight hours per day at not less than l-l/2 times the basic rate of pay.
CONTRACTOR'S/SUBCONTRACTOR'S CERTIFICATION
CONCERNING STATE LABOR STANDARDS AND PREVAILING WAGES
PROJECT: 5TH STREET REHABILITATION
CDBG CONTRACT NUMBER: PROJECT NO. 5009(030)
All contractors and subcontractors shall give the following certification to the City and forward this certification to the City within 10 days after the execution of any contract or subcontract.
A. "I am aware of the provisions of Section 1720 et seq. of the California Labor Code which requires that the State prevailing wage rate shall be paid to employees where this rate exceeds the Federal wage rate." B. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
C. "It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the subcontractor shall forfeit, as a penalty, $25 for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week."
(Contractor/Subcontractor)
(Signature) (Date)
Typed/Printed Name and Title
DISADVANTAGED BUSINESS ENTERPRISE INFORMATION FORM
OWNER NAME: CITY OF MARYSVILLE OWNER PROJECT NUMBER: 18-03 PROJECT DESCRIPTION: RECONSTRUCTION AND
CONVERSION OF EXISTING TENNIS COURTS
PROJECT LOCATION: 810 GRAY AVENUE, MARYSVILLE, CA
95991
PRIME CONTRACTOR INFORMATION
NAME/ADDRESS: Name of firm
Contact person
Address,
City, Zip
Phone
Email
DBE MBE WBE OTHER
TYPE OF CONTRACT
ARCHITECT/ENGINEER(A/E)
CONSTRUCTION
SUPPLIER/SERVICE (S/S)
AMOUNT OF CONTRACT/BID:
$
SUBCONTRACTOR INFORMATION
DBE MBE WBE OTHER NAME /ADDRESS: Name of firm
Contact person
Address,
City, Zip
Phone
Email
SUBCONTRACTOR SUPPLIER/SERVICE
JOINT VENTURE BROKER
TYPE OF CONTRACT
CONTRACT AMOUNT $
DBE MBE WBE OTHER NAME /ADDRESS: Name of firm
Contact person
Address,
City, Zip
Phone
Email
SUBCONTRACTOR SUPPLIER/SERVICE
JOINT VENTURE BROKER
TYPE OF CONTRACT
CONTRACT AMOUNT $
DBE MBE WBE OTHER NAME /ADDRESS: Name of firm
Contact person
Address,
City, Zip
Phone
Email
SUBCONTRACTOR SUPPLIER/SERVICE
JOINT VENTURE BROKER
TYPE OF CONTRACT
CONTRACT AMOUNT $
GOAL FOR DBE PARTICIPATION
% MBE % WBE
Constructio
n
Equipment
Services
Supplies
FORM COMPLETED BY:
NAME TITLE PHONE
SIGNATURE DATE EMAIL
PROPOSAL CERTIFICATION
Accompanying this proposal is a certified or cashier’s check, or bidder’s bond, in the amount of ten percent (10%) of the total bid price, executed by an admitted surety insurer made payable to the City of Marysville for an amount equal to at least ten percent (10%) of the bid amount.
State if bidder is an individual, corporation, or partnership. If bidder is a corporation, state legal name of the corporation, state of incorporation, and the name of the president, secretary, and treasurer. If the bidder is a partnership, list the names of all the partners.
By my signature on this proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232, and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2, of the California Administrative Code). By my signature on this proposal, I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Non-collusion Affidavit required by Title 23 United States Code, Section 112, and Public Contract Code Section 7106, and the Title 49 Code of Federal Regulations, Part 29, Debarment and Suspension Certification, are true and correct.
Date:
Signature:
Name of Bidder:
Title:
Corporate Seal
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
CONTRACT AGREEMENT
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
THIS AGREEMENT, made and concluded this ____ day of _________________ 20___, between the City of Marysville, party of the first part, and ________________, Contractor, party of the second part.
ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Public Works Department, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the Standard Specifications of the State of California Department of Transportation dated May 2018, the Standard Plans dated May 2018, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.
The Special Provisions and the project plans for the work to be done are entitled:
5TH STREET REHABILITATION
Which are hereby made part of this contract.
ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Marysville and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.
ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. – The City of Marysville hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.
ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Marysville shall exercise general supervision.
ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
Item
No.
Item Description Estimated
Quantity
Unit Unit Price
($/Unit)
Amount
($)
1 Mobilization/Demobilization 1 LS
2 Traffic Control 1 LS
3 Construction Area Signs 1 LS
4 Profile / Taper Grind Existing Roadway Section 117,200 SF 5 Remove Concrete Sidewalk, Curb, & Gutter 31,300 SF
6 Pavement Repair Sections 27,000 SF
7 Asphalt Concrete (3/4" HMA Type A) 2,870 TON
8 Minor Concrete (6"Barrier Curb and Gutter) 3,800 LF
9 Minor Concrete (Sidewalk- City Detail 103) 26,000 SF
10 Accessible Ramps / Truncated Domes within
sidewalk area
41 EA
11 Class 2 Aggregate Base (0.50 - feet) (under
Sidewalk)
970 TON
12 Minor Concrete (Heavy Duty Driveway City
Detail 105)
18 EA
Item
No.
Item Description Estimated
Quantity
Unit Unit Price
($/Unit)
Amount
($)
13 Traffic Signal Work (Temporary signal
modifications and signal detection at H Street)
1 LS
14 Traffic Signal Work (Relocate/Replace Poles &
Mast Arms)
4 EA
15 Traffic Signal Work (Relocate/Replace Signal
Controls)
1 LS
16 RRFB Pedestrian crossing at F Street 1 LS
17 Adjust Existing Sewer Manhole Cover to Grade 6 EA
18 Adjust AT&T Manhole Cover to Grade 7 EA
19 Adjust Water Valve Cover to Grade 17 EA
20 Roadside Sign - One Post 24 EA
21 Adjust Survey Monument Cover to Grade 4 EA
22 Pavement Delineation 1 LS
23 Single Head Decorative Street Lights (includes
all work from point of connection to street light,
includes installation of banner brackets)
7 EA
24 Double Head Decorative Street Lights (includes
all work from point of connection to street light,
includes installation of banner brackets)
7 EA
25 Planter Excavate, Scarify & Backfill with Top
Soil (Select material generated from
excavation)
5,715 SF
26 6" C900 PVC Irrigation Sleeves in Roadway 630 LF
27 Landscape Irrigation System per Irrigation
Plans including sleeves
1 LS
28 Landscape Planting per Landscape Plans 1 LS
29 Landscape Planter Decomposed Granite 210 TON
30 6" Cobble Set in Concrete 1,100 SF
31 Class 2 Aggregate Base Under Concrete and
Cobble
27 TON
32 6" Median Planter Curb 1,875 LF
33 10 Inch Class 4 Reinforced Concrete Pipe 130 LF
34 8 Inch Class 4 Reinforced Concrete Pipe 141 LF
35 Remove Existing Storm Drain Inlet 9 EA
36 Connect to Existing Storm Drain 7 EA
37 City - Storm Drain Drop Inlet 9 EA
38 Adjust Existing Storm Drain Manhole Cover to
Grade
9 EA
39 Prepare SWPPP, File NOI, File NOT, and
SMARTS database reporting for the project
1 LS
40 SWPPP implementation including installation
and maintenance of all required BMPs during
construction
1 LS
Total Bid =
Approved as to legal form:
City Attorney
City of Marysville
CITY OF MARYSVILLE
Jim Schaad
City Manager
Date
CONTRACTOR
Company Name
By and Title (signature)
Date
By and Title (printed)
Address
Telephone Number
5TH STREET REHABILITATION Faithful Performance Bond
CONTRACT NO. 21-01
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City Council of the City of Marysville, CA (“Obligee or City”), Yuba County, State of California, has awarded to ____________________, hereinafter designated as the "Principal," a Contract, the terms and provisions of which Contract are incorporated herein by reference, for constructing the City of Marysville 5TH STREET REHABILITATION, PROJECT NO. 5009(030), and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we the Principal, and ____________________, as Surety, are held and firmly bound unto the City of Marysville, CA, Yuba County, CA, in the penal sum of:
________________________________________ ($____________________), lawful money of the United States, being one hundred percent (100%) of the Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounden Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the said Contract, the above obligation in above-stated amount shall hold good for a period of one (1) year after the recording of the notice of completion, during which time if the Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the Agency from loss or damage made evident during the period of one (1) year from the date of recording of the notice of completion, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the above-stated amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. The Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all costs incurred by the Agency in such suit, including, but not limited to, administrative and consultant costs, and reasonable attorneys' fees to be fixed by the Court. 5TH STREET REHABILITATION Faithful Performance Bond
CONTRACT NO. 21-01
The address or addresses at which the principal and surety(ies) may be served with notices, papers and other documents under the California Bond and Undertaking Law (Code of Civil Procedure section 995.010 et seq.) is the following: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ IN WITNESS THEREOF, the above bounded parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corp. Seal)
Principal:
Signature:
Name & Title:
Address:
(Corp. Seal)
Surety:
Signature:
Name & Title:
Address:
Attorney in Fact: _____________________________________ Surety shall submit the following documents along with this Faithful Performance Bond:
5TH STREET REHABILITATION Faithful Performance Bond
CONTRACT NO. 21-01
1. Verification that Surety is admitted to transact surety business in the State of California; and
2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.
Approved as to legal form: _________________________________________, City Attorney (NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)
**END OF SECTION**
5TH STREET REHABILITATION Faithful Performance Bond
CONTRACT NO. 21-01
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5TH STREET REHABILITATION Faithful Performance Bond
CONTRACT NO. 21-01
5TH STREET REHABILITATION Payment Bond
CONTRACT NO. 21-01
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
That we, ________________________, as Principal, and
_________________________, as Surety, are held and firmly bound unto the City of Yuba, any and all persons named in California Civil Code Section 9100 as Claimants, whose claim has not been paid by the Contractor, in the aggregate total of
________________________________________ ($___________________) (being 100% of the Contract amount) for payment whereof, well and truly to be made, said Principal and Surety bond themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to the City of Yuba in an amount to be fixed by the court.
The condition of the foregoing obligation is such that, whereas the Principal has entered into a Contract dated _______________________, 2019, with the City of Marysville, CA (“Owner”) to do the following work, to wit: City of Marysville 5TH STREET REHABILITATION, CONTRACT NO. 21-01
NOW, THEREFORE, if the Principal or its/his/her subcontractors fail to pay i) any of the persons named in Section 9100 of the Civil Code of the State of California; ii) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal or its/his/her subcontractor pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with respect to such work and labor; or iii) for any other work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery used in, upon, or about the performance of work to be done; then the Surety will pay for the same, in the amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any person named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assignees in suit brought upon this bond. Moreover, if the Owner or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, the Contractor and Surety shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code Section 9550 to 9566, inclusive, and all amendments thereto. The Surety, for value received, hereby stipulates and agrees to waive the benefits of California Civil Code Sections 2819 and 2845. The Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Payment Bond or in any way affect the obligations of Surety on this Payment Bond. 5TH STREET REHABILITATION Payment Bond
CONTRACT NO. 21-01
Any proceeding, legal or equitable, under this Payment Bond shall be instituted in any court of competent jurisdiction in Yuba County, California.
IN WITNESS THEREOF, the parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corp. Seal)
Principal:
Signature:
Name & Title:
Address:
(Corp. Seal)
Surety:
Signature:
Name & Title:
Address:
Attorney in Fact: _____________________________________ Surety shall submit the following documents along with this Labor and Material Bond:
1. Verification that Surety is admitted to transact surety business in the State of California; and
2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.
Approved: __________________________________________, City Attorney (NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)
**END OF SECTION**
5TH STREET REHABILITATION Payment Bond
CONTRACT NO. 21-01
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