CITY OF SOUTH LAKE TAHOE
DEPARTMENT OF PUBLIC WORKS
AGREEMENT
Document 00500 - Agreement
City Of South Lake Tahoe
DEPARTMENT OF PUBLIC WORKS
Agreement
for
PIONEER TRAIL PEDESTRIAN IMPROVEMENTS PHASE II
PWC 301-50024
CITY BID NO. BN-24-50024-01
FEDERAL AID PROJECT NO. 5398(014)
THIS AGREEMENT is made and entered into this ______ day of ___________, 20___, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and ________________________________, herein designated as “Contractor.”
WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:
ARTICLE 1 — THE WORK
Contractor agrees to furnish all labor, tools, equipment, facilities, materials, transportation and services necessary to perform and complete, in a good and workmanlike manner, the PIONEER TRAIL PEDESTRIAN IMPROVEMENTS PHASE II, as required pursuant to the Contract Documents.
ARTICLE 2 — COMMENCEMENT AND COMPLETION
The Work to be performed under this Agreement shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents to achieve Final Completion of the Work (as 223
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defined at Section 9.9 Special Provisions) within 182 calendar days after the date commencement of the Work is authorized as set forth in the Notice to Proceed (the “Contract Time”). No grading or excavation or other land disturbance will be allowed between October 15th and May 1st; all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract time as set forth in these Bid Documents.
The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified herein, plus any extensions thereof allowed in accordance with the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City if the Work is not completed within the Contract Time. Accordingly, instead of requiring any such proof, and pursuant to the Contract Documents, the City and the Contractor agree that as liquidated damages (but not as a penalty), the Contractor shall pay the City the sum of $4,200 for each calendar day beyond Substantial Completion and continuing until Bidder achieves Milestone #1, Substantial Completion (per Document 00100, Article 1.04.A.1), the Contractor shall pay the City the sum of $1,000 for each calendar day beyond that portion of the Contract Time within which the Bidder is required to achieve Milestone #2, Final Completion (per Document 00100, Article 1.04.A.2).
In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay, if any, is [INSERT FROM BID PROPOSAL], the amount set forth by Contractor in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of actual, Compensable Delay at the Project. Delay costs that may arise from Compensable Delay, if any, beyond the first sixty (60) calendar days of a Compensable Delay, if allowable, shall thereafter be governed by, and subject to, the applicable provisions of Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.
ARTICLE 3 — CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents as follows:
BASE BID SCHEDULE
Bid
Item
No.
Description Unit Quantity Unit Cost Total Cost
General
1 Mobilization and Demobilization LS 1 $200,000.00 $200,000.00 2 Water Pollution Control LS 1 $15,500.00 $15,500.00
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3 Tree and Vegetation Protection LS 1 $12,500.00 $12,500.00 4 Construction Staking LS 1 $37,000.00 $37,000.00
5 Traffic Control LS 1 $420,000.00 $420,000.00
6 Record Drawings LS 1 $25,000.00 $25,000.00
Demolition
7 Clearing and Grubbing LS 1 $25,000.00 $25,000.00
8 Concrete Curb and Gutter Removal LF 1349 $15.00 $20,235.00 9 Remove Concrete Pedestrian Ramp SF 108 $15.00 $1,620.00 10 Remove Storm Drain Inlet EA 4 $1,200.00 $4,800.00
11 Remove and Replace Existing
Landscaping
LS 1 $15,000.00 $15,000.00
12 Tree Removal (14” to 24” Diameter) EA 7 $1,200.00 $8,400.00 13 Tree Removal (Greater than 24"
Diameter)
EA 7 $9,775.00 $68,425.00
Roadway & Drainage
14 Rolled Concrete Curb and Gutter LF 4155 $68.00 $282,540.00 15 Type A1 Barrier Curb (6-inch) LF 111 $38.00 $4,218.00 16 Type A1 Barrier Curb (8-inch) LF 128 $45.00 $5,760.00 17 AC Dike LF 21 $100.00 $2,100.00
18 Concrete Pedestrian Ramp and Landing SF 1333 $93.00 $123,969.00 19 AC Pavement - Sidewalks (3-inch AC/6-
inch Cl 2 AB)
SF 21182 $16.00 $338,912.00
20 AC Pavement-Driveway Tie-ins within
ROW (2-inch AC/4-inch Cl 2 AB)
SF 4846 $23.00 $111,458.00
21 AC Pavement - Driveway on Private
Property (2-inch AC)
SF 1928 $10.00 $19,280
22 AC Pavement - Roadways (4-inch
AC/12-inch Cl 2 AB
SF 101,833 $16.00 $1,629,328.00
23 Storm Drain Pipe (18") LF 127 $290.00 $36,830.00
24 Storm Drain Pipe (15") LF 81 $250.00 $20,250.00
25 Storm Drain Manhole (48") EA 4 $12,500.00 $50,000.00 26 Storm Drain Manhole (60") EA 1 $15,000.00 $15,000.00 27 Storm Drain Inlet EA 10 $5,500.00 $55,000.00
28 Transverse Drain EA 2 $5,000.00 $10,000.00
29 Reinforced Concrete Bus Shelter Pad SF 306 $50.00 $15,300.00 30 Rock Slope Protection SF 307 $110.00 $33,770.00
31 Roadway Striping, Limit Line (12”
White)
LF 216 $6.00 $1,296.00
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32 Roadway Striping (6" White) LF 3720 $.50 $1,860.00
33 Roadway Striping (6" Dashed White) LF 1002 $.50 $501.00 34 Roadway Striping (8" White) LF 129 $1.25 $161.25
35 Roadway Striping (4" Double Yellow) LF 2231 $1.25 $2,788.75 36 Roadway Striping (6" Diagonal White) SF 296 $6.00 $1,776.00 37 Pavement Markings, Type IV (L) Arrow EA 2 $125.00 $250.00 38 Pavement Markings, Type VII (R)
Arrow
EA 2 $150.00 $300.00
39 Pavement Markings, Bike Symbol with
Person
EA 10 $150.00 $1,500.00
40 Pavement Markings, Bike Lane Arrow EA 10 $150.00 $1,500.00 41 Pavement Markings, "ONLY" Marking EA 1 $250.00 $250.00 42 Pavement Markings, Continental
Crosswalk
LF 79 $45.00 $3,555.00
43 Pavement Markings, Yield Triangles EA 8 $100.00 $800.00 44 Markers and Snow Poles EA 50 $190.00 $9,500.00
45 Relocate Existing Sign EA 10 $1,375.00 $13,750.00
46 Place New Traffic Signs and Sign Posts EA 10 $1,375.00 $13,750.00 Lighting & Electrical
47 Electrical Service Connection LS 1 $28,750.00 $28,750.00 48 Electrical Service Pedestal LS 1 $28,750.00 $28,750.00 49 Electrical Improvements LS 1 $831,420.00 $831,420.00 50 Lighting Pole and Luminaire EA 48 $17,250.00 $828,000.00 Revegetation & Landscaping
51 Revegetation Treatment Type 1 (TT1):
Landscaped Areas
SF 5512 $5.00 $27,560.00
52 Revegetation Treatment Type 2 (TT2):
Miscellaneous Disturbances
SF 19590 $3.00 $58,770.00
53 Landscape Boulders (36" to 48"
Diameter)
EA 10 $3,200.00 $32,000.00
54 2-Year Revegetation Maintenance EA 1 $36,000.00 $36,000.00 Utilities
55 Pothole Existing Utility EA 8 $1,500.00 $12,000.00
56 Adjust STPUD 12" Water Valve Cover
to Grade
EA 12 $1,100.00 $13,200.00
57 Adjust STPUD 24" Sewer Manhole
Cover to Grade
EA 12 $1,900.00 $22,800.00
58 Adjust STPUD Water Meter Cover to
Grade (Service)
EA 2 $750.00 $1,500.00
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59 Adjust STPUD Sewer Cleanout to Grade
(Service)
EA 1 $750.00 $750.00
60 Relocate STPUD Fire Hydrant EA 1 $16,000.00 $16,000.00 61 Adjust AT&T 24" Telephone Manhole
Cover to Grade
EA 1 $2,500.00 $2,500.00
62 Adjust AT&T 30" Telephone Manhole
Cover to Grade
EA 1 $2,750.00 $2,750.00
Hazardous Waste Management
63 Soils Containing Aerially Deposited
Lead
CY 100 $550.00 $55,000.00
STPUD Water and Sewer Relocations
S1 Water and Sewer Surveying LS 1 $60,000.00 $60,000.00 S2 Water and Sewer Pre-Layout Potholing LS 1 $33,000.00 $33,000.00 S3 As- Directed Pothole EA 6 $1,500.00 $9,000.00
S4 3/4-Inch Water Service EA 6 $7,000.00 $42,000.00
S5 1-Inch Water Service EA 2 $8,500.00 $17,000.00
S6 1 1/2-Inch Water Service EA 1 $9,500.00 $9,500.00
S7 2-Inch Water Service EA 3 $12,500.00 $37,500.00
S8 Fire Hydrant Installation EA 1 $22,500.00 $22,500.00 S9 STA 14+65 Tie-In at dirt road (8" to 2") LS 1 $35,000.00 $35,000.00 S10 STA 27+09 Tie-In at Wildwood (east, 8"
to 6")
LS 1 $35,000.00 $35,000.00
S11 STA 27+65 Tie-In at Wildwood (west,
8" to 6")
LS 1 $35,000.00 $35,000.00
S12 STA 28+11 Tie-In at Markoffer (8" to
4")
LS 1 $35,000.00 $35,000.00
S13 STA 31+39 Tie-In at Keller (8" to 6") LS 1 $35,000.00 $35,000.00 S14 Demolish Existing Fire Hydrants EA 2 $7,500.00 $15,000.00 S15 Abandon Water Main Valves in Place EA 8 $6,500.00 $52,000.00 S16 Remove Water Main Valve and Cap EA 3 $7,500.00 $22,500.00 S17 Fill Abandoned Water and Sewer Pipes
with Slurry
CY 35 $640.00 $22,400.00
S18 Sewer Main Flush Inlet EA 1 $3,500.00 $3,500.00
S19 STA 27+63 Sewer Main Repair LS 1 $25,000.00 $25,000.00 S20 STA 27+68 Sewer Main Repair LS 1 $35,000.00 $35,000.00 S21 Abandon Sewer Manhole EA 1 $15,000.00 $15,000.00
S22 STPUD Contingency Work/Unknown
Conditions
LS 1 $30,000.00 $30,000.00
GRAND TOTAL $6,284,383.00
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TOTAL CONTRACT SUM: $6,284,383.00
For the Total Contract Sum of six million two hundred and eighty four thousand three hundred and eighty three dollars and zero cents.
The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.
Compensation for Unit Price Items shall be based upon the unit prices stated in the above schedule multiplied by the actual quantities or units of work and materials performed or furnished.
Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with the Contract Documents.
ARTICLE 4 — PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.
Attention is directed to the federal minimum wage rate requirements as predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rate determined by the Director of Industrial Relations for similar classifications of labor, the Contractor and Subcontractor(s) shall pay not less than the higher wage rate.
In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.
Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
ARTICLE 5 — CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents:
(a) Notice to Bidders (Document 00100);
(b) Instructions to Bidders (Document 00200);
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(c) Bid Proposal (Document 00400);
(d) Bidder's Bond (Document 00410);
(e) Designation of Subcontractors (Document 00420);
(f) Verification of Contractor and Subcontractor DIR Registration (00423) (g) Self-Performance Declaration (Document 00425);
(h) Debarment and Suspension Certifications (Document 00430); (i) Non-Collusion Declaration (Document 00432);
(j) Worker's Compensation Certification (Document 00435); (k) Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440);
(l) Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450);
(m) Equal Employment Opportunity Certification (Document 00460); (n) Non-Lobbying Certification (Document 00465);
(o) Disclosure of Lobbying Activities (Document 00466); (p) Construction Contract DBE Commitment (Document 00471); (q) DBE Information – Good Faith Efforts (Document 00475); (r) Agreement (Document 00500);
(s) Payment Bond Form (Document 00610);
(t) Performance Bond Form (Document 00620);
(u) Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630);
(v) Warranty/Guaranty Form (Document 00635);
(w) Acknowledgment of City Code (Document 00640);
(x) Bid Document Certification (Document 00650);
(y) The Standard Specifications of the State of California, Department of Transportation, dated 2022; the Standard Plans of the State of California, Department of Transportation, dated 2022, and the South Lake Tahoe Public Improvement and Engineering Standards;
(z) Special Provisions (which incorporate by reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2022; the Standard Plans of the State of California, Department of Transportation, dated 2022, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700);
(aa) Supplemental Conditions (Document 00800), if any;
(bb) General Requirements, if any;
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(cc) Construction Progress Documentation (Document 01300); (dd) Technical Specifications;
(ee) Contract Drawings;
(ff) Addenda (numbers ___ to____, inclusive; and
(gg) Permits from other agencies as may be required by law.
Exhibits to this Agreement are enumerated as follows:
• Accepted Contractor’s Bid attached hereto as Exhibit A; • Escrow Bid Document Certification attached hereto as Exhibit B; and • Insurance Certificates and Endorsements as Exhibit C.
ARTICLE 6 — WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance.
By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.
ARTICLE 7 — INDEMNITY AND INSURANCE
To the fullest extent permitted by law, and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agents, the, the Architect/Engineer, the Project Manager and the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents, including, without limitation, Section 7-1.05A of the Standard Specifications, as modified by Section 7.11 of the Special Provisions. The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents. The obligations arising from this Article shall not be construed to negate, 230
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abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents.
Contractor shall maintain the insurance coverage described in Section 7-1.06 of the Standard Specifications, as modified by Section 7.12 of the Special Provisions, throughout the performance of the Agreement, including any maintenance, warranty and/or guaranty periods.
This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.
ARTICLE 8 — NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:
Notices required to be given to City: Notices required to be given to Contractor:
City Engineer
City of South Lake Tahoe ______________________________________ 1740 D Street
South Lake Tahoe, CA 96150-6251 ______________________________________ Notices required to be given to any surety(ies):
ARTICLE 9 — MISCELLANEOUS
9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.
9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract 231
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Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.
9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier.
9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.
9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.
IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written.
CITY OF SOUTH LAKE TAHOE Contractor: B&M Civil, LLC.
By By: ________________________________
Tamara Wallace, City of South Lake Tahoe, Patrick Mullen, President State of California
Business License No. 013513
ATTEST: APPROVED AS TO FORM:
By By
Susan Blankenship Heather Stoud, City Attorney
City of South Lake Tahoe City of South Lake Tahoe
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END OF DOCUMENT 00500
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Exhibit A
FHWA 1273
234
1 FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-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. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
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. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, 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."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then 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 or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
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, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 236
3 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. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and 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, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and 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 thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available 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:
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4 (1) The number and work hours of minority and nonminority 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 more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. 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 must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
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5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(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 used 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) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and 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.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 239
6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(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(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
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7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 241
8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any 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 any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 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 and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 242
9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
243
10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
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 Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
244
11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
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. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written 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. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
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. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower 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. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
245
12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, 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, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 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. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing 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 information of participant is not required to exceed that which is 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 246
13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 247
14 ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
248
00500
Exhibit B
Federal Prevailing Wage Rates
249
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CDDEF:22FGH?@AB2IG@JKLJDJMHNOGDNAO2P>5456444Q21 R62R6294 City of South Lake Tahoe –
PSA Amendment No. 6(C-xxx-2025) to C-009-2019
AMENDMENT No. 6 (C-xxx-2025) TO PROFESSIONAL SERVICES
AGREEMENT
The Professional Services Agreement entered into on March 19, 2019, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and CDM Smith, Inc. (“CONSULTANT”) is hereby amended as set forth below.
The terms of the Professional Services Agreement (C-009-2019) are hereby amended to read as follows:
The following language is hereby added to the end of Section 1: Scope of Services.
Project, as described in Amendment 6 – Exhibit A, which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place and in the manner specified in Amendment 6 – Exhibit A subject to the direction of the City. Consult shall have no power or authority by this Agreement to bind City in any respect.
Section 2 is hereby repealed in its entirety and replaced with the following language:
Section 2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than December 31st, 2025.
Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by December 31st, 2025 shall constitute a material breach of this Agreement as amended.
Section 3 is hereby repealed in its entirety and replaced with the following language:
Section 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule set forth in Amendment No. 6 - Exhibit A, which is attached hereto and incorporated herein by reference. An additional amount of $54,983.67 is authorized under this amendment. In no event shall Consultant compensation for work completed under this Agreement exceed the sum of the original contract amount of $450,343.00 plus the additional fee of $75,511.00 (Amendment No. 3) and the additional fee of $34,558.72 (Amendment No. 5) and the additional fee of $54,983.67 (Amendment No. 6) for an amended total fee of $ 615,396.39 without authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein.
Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
295
City of South Lake Tahoe –
PSA Amendment No. 6(C-xxx-2025) to C-009-2019
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE CONSULTANT
By: By:
Tamara Wallace, Mayor William Hurrell, Vice President
CDM Smith, Inc.
Business License # 32081
APPROVED AS TO FORM: ATTEST:
Heather Stroud, City Attorney Susan Blankenship, City Clerk 296
City of South Lake Tahoe –
PSA Amendment No. 6(C-xxx-2025) to C-009-2019
Exhibit A
Scope and Cost of Services
297
Amendment No. 6 Scope of Services
Presented below is CDM Smith’s Scope of Work for Amendment 6 of the planning and design contract for the Pioneer Trail Pedestrian Improvement Project. Amendments 1 and 2 were previously executed to extend the schedule. Amendment 3 was executed to extend the schedule and add services including right-of-way acquisition support, pavement rehabilitation design, and electrical design changes.
Amendment 4 was executed to extend the schedule through the end of June 2025. Amendment 5 was executed to fund the additional coordination with STPUD, development of an additional design submittal, and continued project management services. Amendment 6 is needed to extend the schedule and add professional services through the construction phase.
Task 1 – Project Management, Public Outreach, Public
Meetings, and Coordination
Objectives
The contract term will be extended through December 31, 2025 to provide additional time for engineering services during the construction phase. Additional project management services will be provided through the 6-month time extension to complete the construction phases of the project.
Approach
CDM Smith will perform necessary project management including coordination with City staff to obtain required information and communicate problems or unanticipated conditions. The CDM Smith Project Manager will serve as the primary point of contact throughout the project and will be responsible for communications and for identifying and providing the necessary staffing and other resources to complete the work.
CDM Smith will provide monthly invoices showing personnel, hours worked, labor charges, and direct costs including backup documentation. A cover letter describing the work completed and progress will be included with each invoice.
Assumptions
The contract period will be extended through December 31, 2025.
Deliverables
Monthly invoices with progress reports during active working periods Task 2 – Site Surveying
Objectives
A supplemental survey and legal description is needed in support of an easement acquisition on Parcel 029-405-009.
Approach
CDM Smith’s surveying subcontractor, MAPCA will perform field surveys and office support to survey and map existing structures and points of ingress and egress and prepare an exhibit showing locations relative to the proposed permanent easement. MAPCA will prepare and updated legal description and 1 298
Pioneer Trail Pedestrian Improvement Project
Amendment No. 6 Scope of Work
exhibit plat for the permanent easement with structures and driveways and prepare an additional exhibit plat showing the remainder of the parcel
Assumptions
One parcel will be surveyed and mapped
Deliverables
Supplemental survey, exhibits and legal descriptions
Tasks 3 through 12
No changes are included to the scope of work for these tasks.
Task 13 – Engineering Services during Construction
Objectives
Professional services during the construction phase of this project are required to address questions and provide design clarifications, review contractor submittals, support the City with construction change orders (CCOs), and develop record drawings to document the final constructed project conditions, The following activities are included under contract administration.
Approach
Task 13.1 - Respond to Requests for Information
CDM Smith will provide clarification and interpretation of drawings and specifications to the Contractor, City staff, regulators, and others. Questions may be submitted via emailed written requests for information (RFIs), or telephone calls. CDM Smith’s activities will typically include receiving the request, researching the question(s), preparation of a written or verbal response, and documentation of response. CDM Smith will log design clarifications and RFIs. CDM Smith will log design clarifications and requests for information (RFIs).
Task 13.2 - Coordination of CCOs
CDM Smith will design, prepare and/or review CCO documentation, including a tracking log of potential CCOs and agreed-upon CCOs. Anticipated assignments may include assistance in preparing requests to the Contractor for proposals for extra or changed work; assistance in research of contract documents to determine if work proposed by Contractor for inclusion in a change order should be considered extra work for which a CCO is appropriate; preparation of cost estimates and review of contractor cost estimates. Preparation of small drawings, sketches, or specifications for extra or changed work items may be prepared under this task.
Task 13.3 – Provide Submittal Reviews
CDM Smith will provide submittal reviews as requested by the City. CDM Smith will log submittals, screen submittals, and determine their completeness before reviewing them. Submittals determined to be incomplete will be returned to the Contractor for additional preparation.
CDM Smith will review technical submittals and provide transmittals with comments, and recommendations as to review status category (e.g., no exceptions noted, amend and resubmit, rejected). Submittal review will determine if the items covered by the submittals will, after proper installation and incorporation in the work, conform to the requirements of the construction contract 2 299
Pioneer Trail Pedestrian Improvement Project
Amendment 6 Scope of Work
documents and be compatible with the design concept of the completed project as a functioning whole. Submittal review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the construction contract documents) or to safety precautions or programs incident thereto. Substitutions of equipment, materials, or methods; and minor design changes proposed by the Contractor shall also be reviewed under this task.
Assumptions
Duration of construction is assumed to be 60 working days (12 weeks), not including delays due to weather, fire, or other unforeseen events.
The Construction Contractor is responsible for compliance with the State Construction General Permit, including the finalization and implementation of the project Stormwater Pollution Prevention Plan (SWPPP) and providing a Qualified SWPPP Developer and Practitioner (QSD/P).
The Construction Contractor is responsible for compliance with the Migratory Bird Treaty Act. The City Inspector will be responsible for evaluating monthly progress payment requests from the Contractor and recommend appropriate payment by the City. Construction staking is not included in this scope of work. Construction materials testing is not included in this scope of work. The budget for this task assumes processing of up to 30 RFIs or design clarifications and 20 submittals.
Cost assumes responding to a maximum of 10 CCOs.
Deliverables
Review and response of up to 30 RFIs.
Review and response of up to 20 construction submittals. Support and coordination for up to 10 CCOs.
Task 14 - Project Completion
Task 14.1 - Develop Record Drawings
CDM Smith will review the City’s and Contractor’s redline record drawing markups for general completeness and consistency. Incomplete information, inconsistencies, and other questions will be resolved prior to the drafting of the electronic record drawings. CDM Smith will develop a final set of Record Drawings based on red-line mark ups provided by the City and Contractor.
Task 14 Assumptions
CDM Smith will develop a final set of record documents, based on redlines provided by the Contractor and the City’s inspector.
Deliverables
3 300
Pioneer Trail Pedestrian Improvement Project
Amendment 6 Scope of Work
One electronic set of record drawings in AutoCAD and PDF format identifying changes to the design made during construction.
Task 15 – Construction Contingency
Task 15 provides a contingency budget for potential unforeseen conditions that are discovered during construction.
Task 15 Assumptions
A contingency budget of approximately 10 percent is included for unforeseen conditions. 4 301
Pioneer Trail Pedestrian Improvements
Firm: CDM Smith 3/10/2025
Name/Role Senior Officer Senior Officer
Project
Manager
Grade 7 Civil
Engineer
Designer
/Drafter Planner Staff Eng Word Processing Contract Admin.
Project
Controls
Task Hours Total Labor Cost
Other Direct
Costs MAPCA*
Western
Botanical* Total Costs
1 Project Mgt, Public Outreach, Meetings, and Coordination
1.1 Project Management 4.00 4.00 20.00 0.00 12.00 12.00 52.00 $ 12,320 12,320.12 2 Site Surveying $ 3,197 3,197.25
3 Hydrologic and Hydraulic Analysis
4 Geotechnical Report
5 Traffic Study
6 Preliminary Plans (30 Percent)
7 Environmental Documents
8 Permission to Enter Agreements
9 60 Percent Design PS&E and Draft Design Report
10 90 Percent Design PS&E
11 100 Percent Bid Documents
12 Bid Assistance
13 Construction Engineering 12.00 60.00 16.00 4.00 4.00 8.00 104 $ 19,532 $ 5,000 $ 6,539 31,071.32 14 Record Drawings 2.00 16.00 32.00 50 $ 8,395 8,394.98 Total Hours 4 4 34 76 48 4 4 8 12 12 206 $ 40,247 $ 5,000 $54,983.67 *Subconsultants include 5% de minimus indirect rate
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VIA EMAIL – [email protected]
April 4, 2025
Stephen Anderjack
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
RE: BID ADVISORY
Low Bidder: B&M Civil LLC
Awarding Agency: City of South Lake Tahoe
Project: Pioneer Trail Pedestrian Improvements Phase II FFC Case No.: 1751SAC
Dear Stephen Anderjack:
The Foundation for Fair Contracting (FFC) is a nonprofit organization which has been serving the public interest since 1985. The objective of the FFC is, in-part, to monitor for compliance with prevailing wage laws pertaining to the construction industry, educate industry stakeholders, and ensure a fair and level playing field is present for all contractors. Unbalanced bids raise questions in regard to performance and compliance with the rules and regulations for the payment of prevailing wages, and the safety and well-being of the workforce. It further opens the question of excessive future change orders, the fairness to and rights of other bidders in the bidding process, and the intent of the bidding process in general.
In deference to all bidders and in order for the public interest to best be served, please enter this formal bid advisory against the above-noted contractor as a matter of public record. We respectfully request that B&M Civil LLC, formerly B&M Builders, Inc., (B&M) bid be rejected for the following reasons:
• ONGOING VIOLATIONS OF PREVAILING WAGE LAWS RESULTING IN WAGE THEFT
B&M has numerous infractions/violations which have resulted in willful circumvention of the laws and regulations governing the payment of prevailing wages, including, but not limited to, violations resulting in wage theft and non-compliance with apprenticeship laws. B&M has engaged in this pattern of unlawful activity on various public works prevailing wage projects. Civil Wage and Penalty Assessments have been issued to B&M by the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office. Supporting documentation is attached for your review.
Furthermore, B&M is currently under investigation by our offices in connection with issues provided below.
▪ Misclassifications resulting in underpayments.
▪ Failure to comply with overtime requirements.
▪ Failure to comply with apprenticeship requirements.
▪ Failing to report all workers on certified payrolls.
308
Stephen Anderjack
City of South Lake Tahoe
April 4, 2025
• FAILURE TO COMPLY WITH BID SPECIFICATIONS/UNFAIR COMPETITIVE
ADVANTAGE
B&M’s base bid is in excess of 35% lower than all other bidders on this project. A large bid variance commonly indicates a failure to bid in accordance with the plans and specifications and/or account for the proper prevailing wage rate – including travel and subsistence. If awarded the project, change orders would be inevitable to complete the project in accordance with the specifications and/or prevailing wage laws/standards. This gives B&M an unfair advantage in its bidding practices against its competitors and puts the City of South Lake Tahoe a precarious legal position. • UNSAFE WORK ENVIRONMENT / OSHA VIOLATIONS RESULTING IN FINES
ISSUED AND UPHELD
B&M has multiple safety infractions that have resulted in worker injuries leading to investigations and fines issued by OSHA. We have attached the detailed supporting documentation for your review.
• LITIGATION AND PRIVATE ATTORNEY GENERAL ACT (PAGA) LAWSUITS B&M has a history of PAGA related lawsuits filed with the State of California, brought forth by workers who have been victims of wage theft. PAGA supporting documentation is attached for your review.
• FAILURE TO COMPLY WITH WORKFORCE DEVELOPMENT AND FORMAL
APPRENTICESHIP PROGRAMS
B&M has not made a good faith effort to participate and invest in Local Workforce Development, nor have they participated in local hiring of workers in the community through formal and recognized pre-apprenticeship programs and formal apprenticeship programs for specific apprenticeable crafts. They have failed to request, employ, train, and pay the proper prevailing wages to apprentices.
Please contact our office with questions, comments, or clarifications.
Sincerely,
Jesse Jimenez
Executive Director
Case: 1751SAC
cc: City of South Lake Tahoe – Mayor and Councilmembers Tamara Wallace – Email: [email protected]
Cody Bass – Email: [email protected]
Keith Roberts – Email: [email protected]
Scott Robbins – Email: [email protected]
David Jinkens – Email: [email protected]
City of South Lake Tahoe – Director of Public Works
Anush Nejad – Email: [email protected]
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Inspection Nr: 1741428.015 Report ID: 0950613 Date Opened: 04/09/2024 Site Address:
B & M Builders Inc.
217 Alma Street
Palo Alto, CA 94301
Mailing Address:
11330 Sunrise Park Dr. Ste. C, Rancho
Cordova, CA 95742
Union Status: NonUnion SIC:
NAICS: 236220/Commercial and
Institutional Building Construction
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 04/09/2024
Emphasis:
Case Closed:
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1741428.015 | 1697731.015 | 1426584.015 | 1407673.015
Case Status: OPEN
Note: The following inspection has not been indicated as closed. Please be aware that the information shown may change, e.g. violations may be added or deleted. For open cases, in which a citation has been issued, the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections.
Inspection: 1741428.015 - B & M Builders Inc.
Inspection Information - Office: Ca Foster City District Office Related Activity
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Inspection Nr: 1697731.015 Report ID: 0950623 Date Opened: 09/14/2023 Site Address:
B&M Builders Inc.
1380 Churn Creek Rd
Redding, CA 96003
Mailing Address:
11330 Sunrise Park Dr. Suite C,
Rancho Cordova, CA 95742
Union Status: NonUnion SIC:
NAICS: 541330/Engineering Services
Inspection Type: Referral
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Health
Close Conference: 09/27/2023
Emphasis:
Case Closed: 03/21/2024
Type Activity Nr Safety Health
Inspection 1741497 Yes
Accident 2146259
Case Status: OPEN
Case Status: CLOSED
Inspection: 1697731.015 - B&M Builders Inc.
Inspection Information - Office: Ca Redding
Related Activity
Type Activity Nr Safety Health
Referral 2081639 Yes
Case Status: CLOSED
Violation Summary
Violations/Penalties Serious Willful Repeat Other Unclass Total Initial Violations 2 2
Current Violations 1 1
Initial Penalty $0 $0 $0 $250 $0 $250
Current Penalty $0 $0 $0 $150 $0 $150
FTA Penalty $0 $0 $0 $0 $0 $0
Violation Items
# Citation
ID
Citaton
Type
Standard
Cited
Issuance
Date
Abatement
Due Date
Current
Penalty
Initial
Penalty
FTA
Penalty
Contest Latest Event
322
Inspection Nr: 1426584.015 Report ID: 0950621 Date Opened: 08/28/2019 Site Address:
B&M Builders Inc.
3955 Missouri Flat Road
Placerville, CA 95667
Mailing Address:
11330 Sunrise Park Dr. Suite C,
Rancho Cordova, CA 95742
Union Status: NonUnion SIC:
NAICS: 541330/Engineering Services
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Health
Close Conference: 01/22/2020
Emphasis:
Case Closed: 09/30/2020
1. 01001 Other 1509(C) 09/27/2023 $100 $100 $0 10/06/2023 O - Administrative Law 2 01002 Other 3395(I) 09/27/2023 $150 $150 $0 10/06/2023 O - Administrative Law Case Status: CLOSED
Inspection: 1426584.015 - B&M Builders Inc.
Inspection Information - Office: Ca Sacramento
Related Activity
Type Activity Nr Safety Health
Accident 1492512
Case Status: CLOSED
Violation Summary
Violations/Penalties Serious Willful Repeat Other Unclass Total Initial Violations 1 1
Current Violations 1 1
Initial Penalty $4,725 $0 $0 $0 $0 $4,725
Current Penalty $470 $0 $0 $0 $0 $470
FTA Penalty $0 $0 $0 $0 $0 $0
Violation Items
# Citation
ID
Citaton
Type
Standard
Cited
Issuance
Date
Abatement
Due Date
Current
Penalty
Initial
Penalty
FTA
Penalty
Contest Latest Event
1. 01001 Serious 3395(D)(3) 01/31/2020 $470 $4,725 $0 02/10/2020 O - Administrative Law 323
Investigation Nr: 123631.015 Event: 08/27/2019 Employee suffers heat exhaustion while finishing cement
Inspection Nr: 1407673.015 Report ID: 0950621 Date Opened: 06/13/2019 Site Address:
B&M Builders Inc.
2960 Howe Ave.
Sacramento, CA 95821
Mailing Address:
11330 Sunrise Park Dr. Suite C,
Rancho Cordova, CA 95742
Union Status: NonUnion SIC:
NAICS: 541330/Engineering Services
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Health
Close Conference: 11/28/2019
Emphasis:
Case Closed: 01/27/2021
Investigation Summary
At 1:00 p.m. on August 27, 2019, an employee was finishing cement on a hot, humid day when he was overcome with heat exhaustion.
Keywords: Cementing, Heat, Heat Exhaustion, Heat Injury Prevention Program, Heat-related illness , Overheated Investigated Inspection
# Inspection Age Sex Degree Nature Occupation
1 1426584.015 Non Hospitalized injury Concrete and terrazzo finishers Case Status: CLOSED
Inspection: 1407673.015 - B&M Builders Inc.
Inspection Information - Office: Ca Sacramento
Related Activity
Type Activity Nr Safety Health
Accident 1464667
Case Status: CLOSED
Violation Summary
Violations/Penalties Serious Willful Repeat Other Unclass Total Initial Violations 3 2 5
Current Violations 3 2 5
Initial Penalty $14,850 $0 $0 $820 $0 $15,670
Current Penalty $12,350 $0 $0 $820 $0 $13,170
324
Investigation Nr: 122391.015 Event: 06/12/2019 Employee becomes ill from heat related illness
U.S. DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
200 Constitution Ave NW
Washington, DC 20210
1-800-321-OSHA
1-800-321-6742
www.osha.gov
FTA Penalty $0 $0 $0 $0 $0 $0
Violation Items
# Citation
ID
Citaton
Type
Standard
Cited
Issuance
Date
Abatement
Due Date
Current
Penalty
Initial
Penalty
FTA
Penalty
Contest Latest Event
1. 01001 Other 3395(E)(5) 12/10/2019 12/30/2019 $410 $410 $0 01/27/2020 O - Administrative L
2. 01002 Other 3395(I) 12/10/2019 01/07/2020 $410 $410 $0 01/27/2020 O - Administrative L
3. 02001 Serious 1712(C)(1) 12/10/2019 $4,950 $4,950 $0 01/27/2020 O - Administrative L
4. 03001 Serious 3395(D)(3) 12/10/2019 01/12/2021 $3,700 $4,950 $0 01/27/2020 O - Administrative L
5. 04001 Serious 3395(F)(2)(A) 12/10/2019 01/12/2021 $3,700 $4,950 $0 01/27/2020 O - Administrative L Investigation Summary
At approximately 1:00 p.m. on June 12, 2019, an employee was doing concrete work. The employee started cramping and sweating and developed a low heart rate and blood pressure. The employee was hospitalized to treat this heat illness.
Keywords: Heart, Heat, Heat index, Heat-related illness Investigated Inspection
# Inspection Age Sex Degree Nature Occupation
1 1407673.015 Non Hospitalized injury Construction laborers OSHA Standards Enforcement Topics Media Center Contact Us
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327
PAGA NOTICE PUBLIC SEARCH
3/12/2024 | Page 1 of 1
LWDA # Plaintiff
for PAGA Case
Employer
Name
Employer
City
Employer
Postal
Code
Filer/Attorney
for PAGA Case
Law Firm for
PAGA Plaintiff
Employer
Filer
Employer
Filer
Firm
Court
Case
#
Submission
Date
LWDA-CM-1004226-24 Richard Gomez B&M Builders, Inc. Elias Tapia Shimoda & Rodriguez Law, PC 01/10/24
328
PAGA NOTICE PUBLIC SEARCH - CASE DETAIL
3/12/2024 | Page 1 of 1
Case Information
Case Number: LWDA-CM-1004226-24
Plaintiff for PAGA Case: Richard Gomez
Filer/Attorney for PAGA Case: Elias Tapia
Law Firm for PAGA Plaintiff: Shimoda & Rodriguez Law, PC Employer: B&M Builders, Inc.
Date Case Received:
Filer for Employer:
Employer Filer Firm:
Court Type:
Court Name:
PAGA Court Case Number:
Violation Type:
Related BOFE Case:
Attachments
Attachment Name Description Date Submitted Type
329
Memorandum
TO: City of South Lake Tahoe
FROM:
Willdan Engineering
Jane Freij – Labor Compliance Manager
Amanda Perez – Labor Compliance Specialist
DATE: April 9, 2025
SUBJECT:
Labor Compliance Monitoring – South Lake Tahoe Project, Lakeview Harrison ADA Project (B&M Builders, Inc)
Willdan monitored the Lakeview Harrison ADA Project from July 20, 2024, to August 25, 2024. California State License Board License, DIR License, and SAM / Debarment were all checked and verified to be current. B&M Civil, LLC, at the time B&M Builders, Inc., was not on any debarment list at the time.
As part of our Labor Compliance monitoring, Willdan reviewed Certified Payroll and Fringe Benefits Statements to verify worker regular pay, overtime pay, and to verify the contractor(s) met the project’s prevailing wage requirements. In addition, we also verified apprenticeship requirements, including DAS 140 and DAS 142 form submissions. B&M Builders, Inc, submitted the necessary forms in order to be in compliance with apprenticeship requirements. Proof of Training Funds were collected to ensure training funds were paid, B&M Builders, Inc., paid training fund contributions to the California Apprenticeship Council (CAC).
No labor law violations were found during the review of the Lakeview Harrison ADA Project.
The Labor Compliance portion of the project was cleared and closed on November 8, 2024. 330
B&M Civil LLC
11330 Sunrise Park Drive, Ste. C
Rancho Cordova, CA 95742
Phone: (916) 638-8626
Fax: (916) 352-6944
Lic. No. 861848 A, B, C-8, C-10, C-12, C-20, C-27, C-31, C-53 DIR No. 1000003277
April 7, 2025
RE: B&M Civil LLC Rebuttal to FFC Letter – Pioneer Trail Pedestrian Improvements Phase II, FFC Case No. 1751SAC
To Whom It May Concern:
B&M Civil LLC (“B&M”) respectfully submits this response to the letter issued by the Foundation for Fair Contracting (FFC) on April 4, 2025. The advisory was directed to the City of South Lake Tahoe regarding our status as the low bidder on the Pioneer Trail Pedestrian Improvements Phase II project. We ask that this letter be included in the public record and be given due consideration should the FFC’s advisory be discussed during award of the contract.
This is not the first time the FFC has issued such a letter in response to B&M’s participation in the competitive bidding process, and unfortunately, we do not expect it to be the last. The FFC routinely targets B&M any time we are the apparent low bidder on public works projects. The substance of their letters rarely changes. These are not objective, fact-based assessments — they are agenda-driven attempts to discredit our company based solely on our non-union status. We have seen this playbook many times, and we are once again forced to respond in detail.
We appreciate the opportunity to present the facts and clarify the record. B&M Civil LLC has successfully delivered hundreds of public works projects over the last two decades, and our commitment to labor compliance, safety, and fair pay is well documented.
We address the FFC’s allegations point-by-point below.
1. “Ongoing Violations of Prevailing Wage Laws Resulting in Wage Theft” The FFC makes a sweeping claim that B&M has a pattern of violations and refers to multiple investigations by the DLSE and their own internal “investigations.” The only documented issue cited in the past several years involved a minor prevailing wage rate increase that was not updated promptly by a now-former office manager during a 2020 project. This resulted in a small back pay amount of $2,325.81 — which was immediately paid to affected employees. There were also temporary training fund reporting delays, which were corrected.
No penalties were issued. No disciplinary action was taken by the State. And most importantly, no repeat violation has occurred.
The FFC also claims to be investigating “misclassifications,” “failure to report workers,” and “noncompliance with overtime.” These claims are false. Certified payroll reports are submitted to both the DIR and awarding agencies, and daily inspector logs confirm B&M’s classifications align with the work performed. We openly communicate with inspectors during each project and encourage any concerns to be raised immediately — not retroactively.
It is also important to understand that the FFC is not a state agency, has no enforcement authority, and has never submitted documentation to a public agency that resulted in any formal citation or penalty to B&M. They are a third-party advocacy group that routinely makes these same allegations against dozens of non-union contractors in an attempt to interfere with the public bidding process. 331
B&M Civil LLC
11330 Sunrise Park Drive, Ste. C
Rancho Cordova, CA 95742
Phone: (916) 638-8626
Fax: (916) 352-6944
Lic. No. 861848 A, B, C-8, C-10, C-12, C-20, C-27, C-31, C-53 DIR No. 1000003277
We are not under any active DLSE enforcement action related to any of the claims they reference. We proactively work with every agency’s labor compliance team and strive to meet or exceed all prevailing wage and apprenticeship requirements. Mistakes are corrected immediately. Our payroll and compliance history speaks for itself.
2. “Failure to Comply with Bid Specifications / Unfair Competitive Advantage” The FFC alleges that B&M’s bid being significantly lower than others indicates noncompliance or an attempt to gain an unfair advantage. This claim is not only inaccurate — it directly contradicts the facts of this bid.
The engineer’s estimate for the Pioneer Trail Pedestrian Improvements Phase II project was between $4 million and $5 million. B&M’s bid came in at approximately $6.3 million — well above the estimate. To suggest that we somehow “lowballed” the job is not only false, it is nonsensical.
Our pricing reflects the actual cost of performing the work to the highest quality standards while complying with all labor laws, safety regulations, and public contract requirements. As with all of our bids, this number was carefully developed through detailed takeoffs, internal costing, subcontractor pricing, and labor estimates.
We self-perform a majority of the work, operate lean, and maintain a strong reputation for finishing projects on time and on budget.
There is no legal or regulatory requirement that bids fall within a narrow range of the engineer’s estimate or other bidders. Public contracting law encourages open and competitive bidding to benefit taxpayers. The FFC’s insinuation that our pricing is suspicious has no basis in law or fact.
3. “Unsafe Work Environment / OSHA Violations”
The FFC references several OSHA case numbers. Let us address each directly:
• Inspection No. 1741428.015 (Palo Alto – 4/9/2024): This incident has been reviewed by OSHA and officially closed. B&M Civil LLC was not found to be at fault for the accident. The incident involved a mechanical worker accessing a ceiling area where an uncovered roof opening — left exposed by another trade — created a slip hazard. The area had previously been deemed safe by the general contractor’s superintendent. B&M fully cooperated with OSHA’s investigation and provided all requested documentation. This event did not stem from any systemic failure by B&M. • Inspection No. 1697731.015 (Redding – 9/14/2023): This was a heat-related referral inspection. Our foreman mistakenly could not locate the digital copy of our safety plan during the inspection, even though it was available on the app. This resulted in a $150 fine for a documentation issue, not a safety hazard. Since then, all employees have been retrained on accessing our digital safety systems. • Inspection Nos. 1426584.015 & 1407673.015 (2019 – Placerville & Sacramento): These were heat illness-related incidents during a record-breaking heatwave in 2019. In both cases, employees were promptly given water and electrolytes, air conditioning, and medical attention. We self-reported both incidents to OSHA, cooperated with the investigations, paid minor fines, and implemented improved 332
B&M Civil LLC
11330 Sunrise Park Drive, Ste. C
Rancho Cordova, CA 95742
Phone: (916) 638-8626
Fax: (916) 352-6944
Lic. No. 861848 A, B, C-8, C-10, C-12, C-20, C-27, C-31, C-53 DIR No. 1000003277
training and HIIPP protocols. We now conduct recurring heat illness prevention training, with procedures embedded in our weekly safety meetings.
We are committed to worker safety and are constantly improving our systems. No repeat or willful violations have ever been issued to B&M.
4. “Litigation and PAGA Lawsuits”
The FFC’s letter references a “history” of Private Attorney General Act (PAGA) lawsuits. This is misleading and factually inaccurate.
Only one PAGA notice was ever filed against B&M, submitted in early 2024 by a short-term administrative employee who worked with our team for less than two months. That matter has since been fully resolved. The case was settled without any finding of fault or wrongdoing by B&M Civil LLC.
As anyone familiar with the PAGA process knows, these types of filings are frequently used as leverage and often contain exaggerated or entirely unsubstantiated claims. The mere existence of a past PAGA notice — especially one that was settled quickly and without admission of liability — does not indicate a pattern or history of misconduct.
B&M operates in full compliance with California labor laws. We are confident in our policies, documentation, and treatment of our workforce, and we will continue to defend our reputation when false or misleading claims are circulated.
5. “Failure to Comply with Workforce Development and Formal Apprenticeship Programs” This claim is categorically false and misrepresents both our hiring practices and apprenticeship compliance.
B&M Civil LLC is a Rancho Cordova–based company, and we are proud to say that the vast majority of our workforce lives in the greater Sacramento region. Whenever we need to hire additional staff, we make every effort to recruit locally. We’ve done so consistently over the last 20 years in business. To suggest that B&M has not made a “good faith effort to participate and invest in Local Workforce Development” is not only inaccurate — it is an insult to the hardworking local tradespeople who make up our crews.
In regard to apprenticeship compliance, B&M consistently submits DAS 140 and DAS 142 forms on every public works project to the appropriate unions and apprenticeship coordinators. These records are available upon request. We request dispatches from the Laborers, Operating Engineers, and Cement Masons unions. We also contribute training funds as required under state law.
However, some unions refuse to dispatch apprentices unless B&M agrees to send fringe benefits directly to the union instead of to the employee. As permitted under California Apprenticeship Standards, we choose to provide these fringe benefits directly to our workers — allowing them to receive the full value of their compensation. We do not believe it is fair to withhold that compensation and send it to a third party. As a result, some unions — notably the Laborers — have declined to dispatch apprentices to us.
We continue to maintain compliance with state apprenticeship regulations. On many projects, we are not required to employ certain apprentice classifications based on the crew sizes and scope of work. For example, 333
B&M Civil LLC
11330 Sunrise Park Drive, Ste. C
Rancho Cordova, CA 95742
Phone: (916) 638-8626
Fax: (916) 352-6944
Lic. No. 861848 A, B, C-8, C-10, C-12, C-20, C-27, C-31, C-53 DIR No. 1000003277
most of our earthwork crews are made up of four-person teams that do not meet the threshold requiring an apprentice Operating Engineer.
Despite these limitations, B&M has successfully employed apprentices from other crafts, including Cement Masons and Operating Engineers when necessary, and has a positive track record of developing new workers in the trades.
We fully support the purpose and goals of California’s apprenticeship system and remain committed to offering opportunities to train the next generation of construction professionals.
Conclusion
B&M Civil LLC is a committed and responsible public works contractor. We’ve built our reputation on hard work, compliance, and delivering results. The FFC’s letter does not reflect our company’s practices, values, or record.
We are not under any current DLSE or OSHA action for the violations claimed. We are not the subject of any known labor compliance issues with any awarding agency. And we stand ready to provide the City with any requested documentation regarding our payroll, safety policies, or project history.
We respectfully ask that the City of South Lake Tahoe disregard the FFC’s bid advisory and proceed with awarding the contract based on the facts and qualifications of each bidder.
Sincerely,
Patrick Mullen
President
B&M Civil LLC
[email protected]
(916) 638-8626
334
Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
EXHIBIT 9-E SAMPLE EVALUATION OF GOOD FAITH EFFORTS
Memorandum
To: PROJECT FILE Date:
Federal-Aid Project Number:
Bid Opening Date:
Bidder:
Type of Work:
Bid Amount:
From:
Subject: Evaluation of Good Faith Efforts
The established a Disadvantaged Business Enterprise (DBE) goal of percent for this contract. The bidder commits [count only qualifying DBE participation] percent DBE participation.
The 's evaluation of the apparent low bidder's Good Faith Efforts is based on Section 9.8 of the Local Assistance Procedures Manual and Appendix A to Part 26, Title 49 of the Code of Federal Regulations. The efforts of the bidder were reviewed by the from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by
The determined that the Low Bidder demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.
EVALUATION
A. Items of work the bidder made available to DBE firms B. Solicitation effort documentation
January 2020 335
Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
Use the California Unified Certification Program online database at:
https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search C. Rejected DBE documentation
D. Publication effort made to advertise the projects to include DBE participation E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
F. Efforts to provide information about the plans, specifications, and contract requirements
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or services
H. Additional data to support a demonstration of Good Faith Effort
FINDING OF THE
The finds that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE contract goal for the reasons cited in this evaluation.
Submitted by: Approved by:
*Must be approved by someone other than the reviewer.
January 2020 336
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D E P ARTM E N T OF TRANSPORTAT ON
Tos Ctty of Sou th L ake Tah oe
F NAN CE L E TTE R D ates 01 /31 /2025
D :CO:RTs 03-E D -0-SL TO
P roject N os STP L -5398( 01 4)
Adv0 P roject d s 031 900001 7
P roject E n d D ates 1 2/31 /2026
E A N os
E st Tot P roj Costss $60 01 20 090
F F @ A@ CE F TEM S PRO RATA OR
L: M P S: M
TOTAL COST OF
[OR\
FEDERAL PART.
COST
FED. REFM B 0 FEDERAL
F:@ DS
2230
FEDERAL
F:@ DS
M 400
FEDERAL
F:@ DS
291 0
FEDERAL
F:@ DS
2905
FEDERAL
F:@ DS
Y400
FEDERAL
F:@ DS
Y230
STATE ATP
C20. 30. H20. 1 00J
LOCAL F:@ DS OT] ER F:@ DS
Agen cy P rea t m t n ary E n gt n eert n g Lu mp Su m $4740 41 50 00 $4740 41 50 00 880 53o $4200 0000 00 $00 00 $00 00 $00 00 $00 00 $00 00 $00 00 $540 41 50 00 $00 00 Rt gh t of Way Lu mp Su m $4640 251 0 00 $4640 251 0 00 880 53o $00 00 $3000 0000 00 $1 1 00 81 80 00 $1 820 00 $00 00 $00 00 $00 00 $530 251 0 00 $00 00 Contract temss $40 1 680 703
U tt a t tt ess $4430 500
Con tt n gen ct ess $461 0 221
Totaa s $50 0730 424
Con stru ctt on Lu mp Su m $1 0 2000 0000 00 $1 0 2000 0000 00 00 00o $00 00 $00 00 $00 00 $00 00 $00 00 $00 00 $1 0 2000 0000 00 $00 00 $00 00 Con stru ctt on Lu mp Su m $20 2390 8000 00 $1 0 751 0 9500 00 880 53o $00 00 $00 00 $00 00 $00 00 $1 0 551 0 0000 00 $00 00 $00 00 $2000 9500 00 $4870 8500 00 Con stru ctt on Lu mp Su m $1 0 6330 6240 00 $1 0 6330 6240 00 370 1 0o $00 00 $00 00 $00 00 $00 00 $00 00 $6060 0000 00 $00 00 $1 0 0270 6240 00 $00 00 Totaa ss $6601 26 090. 00 $565246240. 00 $4206000. 00 $3006000. 00 $1 1 06 81 8. 00 $1 82. 00 $1 6 551 6 000. 00 $6066000. 00 $1 6 2006000. 00 $1 6 3366240. 00 $48H6850. 00 P artt ct p att on Ratt os 91 0 89o Th t s F t n an ce L etter was created b ased on sp ect ft c ft n an ct aa t n form att on p rovt d ed b y th e resp on st b a e a ocaa agen cy0 Th e foa a owt n g en cu m b ran ce h tstory t s p repared b y L ocaa Asststan ce Accou n tt n g Offt ce an d t s p rovt d ed h ere for a ocaa agen cyb s t n formatt on an d actt on 0 St gn atu res
Tt ta es
:::::::::::::::::::::::::::::::::
H Q Sr0 Area E n gt n eer
P rt n ted N ames
Tea ep h on e N os
Omt d saar
( 91 6) 539-2897
Remarkss SE Q 4s n t tt aa Au th ort izatt on of CON P h ase0 Oba t gatt n g $1 0 551 0 0000 00 of CM AQ0 $6060 0000 00 of RSTP0 an d $1 0 2000 0000 00 of State ATP fu n d s t n to CON P h ase0 P age 1 of 2 363
D E P ART E N T OF TRAN SP ORTAT ON
To: Ci ty of Sou tt L ake Tat oe
F N AN CE LETTER D ate: 01 /31 /2025
D (CO(RT: 03-E D -0-SLTO
P roject N o: STP L -5398( 01 4)
Ad v6 P roject d : 031 900001 7
P roject E r d D ate: 1 2/31 /2026
E A N o:
E st Tot P roj Costs: $69 01 29 090
ACCOU N TH N G H N F ORM ATH ON STP L -5398(01 4)
AD 46 PROJECT D APPROP6 STATE PROG 6 FED/ STATE EN CU 8 RAN CE APPROP E:PEN D TU RE EN CU 8 RAN CE RE 4ERS ON U N T A OU N T 9EAR A OU N T 8ALAN CE DATE* Coop erati ve Work Agreerr er t
A==RO@AB AG=HRATHON
AMOU N T BATA
031 900001 7 251 02F 203001 081 0 F $6069 0006 00 2425 $06 00 $6069 0006 00 06/30/2030 031 900001 7 251 02F 203001 0820 F $1 9 551 9 0006 00 2425 $06 00 $1 9 551 9 0006 00 06/30/2030 031 900001 7 25608 20307201 00 $1 9 2009 0006 00 2425 $06 00 $1 9 2009 0006 00 06/30/2030 031 900001 7 221 02F 203001 081 0 F $1 1 1 9 0006 00 21 22 $1 1 1 9 0006 00 $06 00 06/30/2027 031 900001 7 221 02F 203001 0820 F $3009 0006 00 21 22 $479 271 6 38 $2529 7286 62 06/30/2027 031 900001 7 21 1 02F 203001 081 0 F $1 1 09 2746 00 2021 $1 1 09 2746 00 $06 00 06/30/2026 031 900001 7 1 81 02F 203001 081 0 F $3099 7266 00 1 71 8 $3099 7266 00 $06 00 06/30/2023 PQ RS TUVW XX XRYVXYUXU. *P l ease refer to tt e ap p l i cab l e CTC Gu i d el i r es for Ti rr el y U se of F u r d s ( TU F ) P rovi si or s6 Al so refer to you r al l ocati or r oti fi cati or l etter( s) for al l ocati or -sp eci fi c TU F d ead l i r es6 *P l ease su b rr i t i r voi ces to tt e ap p rop ri ate D i stri cts b y Ap ri l 1 st to avoi d fu r d s l ap si r g or tt e J u r e 30tt reversi or d ate l i sted ab ove ar d to al l ow su ffi ci er t ti rr e for Accou r ti r g ar d SCO year-er d cl osi r g p roced u res6