AGR-6958 - ECONOLITE SYSTEMS INC - PEDESTRIAN COUNTDOWN SIGNALS HSIPL-5073(085)P'tR-eas s
CONTRACT
Pedestrian Countdown Signals (PCS) — HSIPL-5073(085) (Bid No. 189-32)]
THIS CONTRACT (the "Contract") is made and entered into as of mrrcl, to
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), and ECONOLITE SYSTEMS, INC., a California corporation ("Contractor"), who agree
as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to
be made and performed by City, and under the conditions expressed in the two (2) bonds presented
to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to
and shall do all the work and furnish all the labor, materials, tools and equipment, except such as
are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in
good workmanship and substantial manner the work (the "Work") described in:
1) the Construction Plans for Pedestrian Countdown Signals (PCS) — HSIPL-
5073(085) (Drawing SP-4031) prepared for City by Eduardo Lopez, approved by the "Engineer"
as defined herein below) on April 10°i, 2019, and consisting of sheets numbered 1 through 12,
inclusive (the "Plans");
2) The latest edition of the "City of Orange Standard Plans and Specifications" (the
Orange Book") with the term 'Engineer," as used in the Orange Book and in this Contract, to
specifically include the City Engineer (or his/her designee);
3) The "Standard Specifications for Public Works Construction" (the "Green Book"),
and all amendments thereto;
4) The "City of Orange Standard Special Provisions";
5) The Required Federal -Aid Contract Language (Exhibit 12-G) attached hereto as
Attachment No. 3 and incorporated herein by this reference;
6) The Construction Contract DBE Commitment (Exhibit 15-G) attached hereto as
Attachment No. 4 and incorporated herein by this reference;
7) The Standard Plans; and
8) Contractor's Bid Proposal, which is on file with City's Department of Public
Works.
b. Contractor acknowledges that it has received the Plans from City and that a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereof. The Orange Book, Green Book and City of Orange Standard Special
Provisions and Standard Plans are on file with City's Public Works Director and are hereby
specifically referred to and by such reference made a part hereof. A copy of the Special Provisions
and Standard Plans will also be kept on file with the City Clerk. Contractor hereby acknowledges
that it has read, reviewed and understands the Plans, the Orange Book, the Green Book, the Special
Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of
which documents shall be referred to herein collectively as the "Plans and Specifications."
C. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self -hauled construction and demolition waste. The terms and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and
the Bid Proposal and all applicable laws, including any and all applicable federal and state labor
laws and standards and applicable prevailing wage requirements and any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment.
e. Unless and until otherwise notified in writing by City's Public Works Director,
City's Principal Civil Engineer, Randy Nguyen ("Authorized City Representative"), shall be the
person to whom Contractor will report for the performance of the Work hereunder. It is
understood that Contractor's performance hereunder shall be under the direction and supervision
of the Authorized City Representative or such other person as City's Public Works Director may
designate from time to time, that Contractor shall coordinate the Work hereunder with the
Authorized City Representative to the extent required by the Authorized City Representative, and
that all performances required hereunder by Contractor shall be performed to the satisfaction of
the Authorized City Representative or City's Public Works Director.
f. It is expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and Contractor's Bid Proposal, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days
of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion
of the Work within sixty (60) calendar days from such date, unless legal extension is granted in
accordance with the terms set forth in the Green Book. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED
FIFTY-SIX THOUSAND TWO HUNDRED EIGHTY DOLLARS and 93/100 ($156,280.93) as
compensation for furnishing all materials and doing all the Work contemplated and embraced in
this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the
Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the Work until its acceptance by City, other than as
provided below; (3) all risks of every description connected with the Work; (4) all expenses
incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and
faithfully completing the Work, and for the whole thereof, in the manner and according to the
Plans and Specifications, and requirements of the Authorized City Representative under them.
Retention amounts shall be withheld from progress payments as required by law unless Contractor
provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties
recognize that additional, unforeseen work and services may be required by the Authorized City
Representative. In anticipation of such contingencies, the sum of FIFTEEN THOUSAND SIX
HUNDRED TWENTY-EIGHT DOLLARS and 93/100 ($15,628.93) has been added to the total
compensation of this Agreement. The Authorized City Representative may approve the additional
work and the actual costs incurred by the Contractor in performance of additional work or services
in accordance with such amount as the Authorized City Representative and the Contractor may
agree upon in advance. Said additional work or services and the amount of compensation therefor,
up to the amount of the authorized contingency, shall be memorialized in the form of a Change
Order approved by the City Manager on a form acceptable to the City Attorney. The Contractor
agrees to perform only that work or those services that are specifically requested by the Authorized
City Representative. Any and all additional work and services performed under this Agreement
shall be completed in such sequence as to assure their completion as expeditiously as is consistent
with professional skill and care in accordance with a cost estimate or proposal submitted to and
approved by the Authorized City Representative prior to the commencement of such work or
services.
c. The total amount of compensation under this Agreement, including contingencies, shall
not exceed ONE HUNDRED SEVENTY-ONE THOUSAND NINE HUNDRED NINE
DOLLARS and 86/100 ($171,909.86).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which are required under state or federal law to perform the Work contemplated by this
Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including
a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all work included in the
Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove
defective or should the Work as a whole prove defective, due to faulty equipment, workmanship,
materials furnished or methods of installations, or should said Work or any part thereof fail to
function properly, as designed, due to any of the above causes within twelve (12) months after the
date on which said Work is accepted by City, Contractor shall make repairs and furnish such
materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar
days after the receipt of a demand from City.
C. Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as originally intended either by the Plans and Specifications of this
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen (15) calendar days after Contractor's
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs
will be deemed as those repairs determined by City's Director of Public Works to be necessary
due to an immediate detriment to the health, safety, welfare or convenience of the residents of
City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
Permit"), which governs storm water and non -storm water discharges resulting from municipal
activities performed by City or its contractors. In order to comply with the Permit requirements,
the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing
Model Maintenance Procedures with Best Management Practices (`BMPs") that City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and
source control techniques to minimize the impact of those activities upon dry -weather urban
runoff, storm water runoff, and receiving water quality. Examples include: wash water from
cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped
areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the
office of City's Director of Public Works. Contractor hereby acknowledges that it has read,
reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered pursuant to this Contract. City shall not have the
right to control the means by which Contractor accomplishes services rendered pursuant to this
Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and
equipment which may be required for furnishing services pursuant to this Contract. Contractor
shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement System benefits, or health, life, dental, long-term disability or workers'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have
no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a "public work," as that term is
defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Department
of Industrial Relations (www.dir.ca.aov/DLSRI. Additionally, to perform work under this
Contract, Contractor must meet all State registration requirements and criteria, including project
compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a
copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and
1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of the Labor Code and shall prosecute and complete the Work
under this Contract in strict compliance with all of those terms and provisions.
C. Contractor shall secure the payment of compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and
as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this contract."
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attorney's fees, court and litigation costs, and fees of expert witnesses) which result or
arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal
law, including, without limitation, any applicable federal and/or state labor laws (including,
without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that,
in connection with the construction of the Work which is the subject of this Contract, Contractor
shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as
used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted, adopted or amended from time to time. The foregoing indemnity shall
survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: 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. Contractor shall post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
C. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any work covered by this Contract, provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers, partners, or employees have a financial interest as
defined in Section 87103 of the Government Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, employees, attorneys, and contractors from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses
including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury, loss or
damage whatsoever caused to any person or the property of any person which shall occur on or
adjacent to the real property which is the subject of this Contract, or in connection with
performance of this Contract which may be directly or indirectly caused by the acts or omissions
of Contractor or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or
substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any
willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents,
employees, attorneys, or contractors. The foregoing indemnity shall survive termination of this
Contract.
b. Any and all claims under workers' compensation acts and other employee benefit
acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out
of Contractor's work under this Agreement, including any and all claims under any law pertaining
to Contractor's status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder and the results of that work by Contractor, its agents,
representatives, employees or subcontractors.
b. Contractor shall maintain the following minimum amount of insurance: the greater
of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits
carried by or available to Contractor.
1) General Liability $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
2) Automobile Liability $1,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of California.
4) Employer's Liability $1,000,000 per accident for bodily injury or disease.
C. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Contract are
sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self -insured retentions must be declared to and approved by
City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self -
insured retentions with respect to City, its officers, officials, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or
be endorsed to contain, the following provisions:
1) City, its officers, officials, agents, and employees are declared to be additional
insureds under the terms of the policy, with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability
arising out of work or operations performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such work or operations. A policy endorsement
to that effect shall be provided to City along with the certificate of insurance. In lieu of an
endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall
apply to City as an additional.
2) For any claims related to this project, Contractor's insurance coverage shall be
primary insurance with respect to City, its officers, officials, agents and employees. Any insurance
or self-insurance maintained by City, its officers, officials, agents and employees shall be excess
of Contractor's insurance and shall not contribute with it.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements should be on
forms acceptable to City. All certificates and endorsements are to be received and approved by
City before work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications
at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by City. In
such a case, City may procure insurance or self -insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Contractor, its employees, agents and subcontractors. Contractor
shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j. Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate
this Contract for any reason by giving five (5) days' written notice of intent to terminate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City terminate this Contract, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract, unless such termination shall be for cause, in which event City may
withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its
subcontractors shall maintain reasonably full and complete books, documents, papers, accounting
records and other information (collectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the term of this Contract and for a
period of three (3) years after termination or completion of this Contract, City shall have the right
to inspect and/or audit Contractor's records pertaining to the performance of this Contract at
Contractor's office. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three (3) days' notice from City, and copies thereof
shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal
laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that Contractor:
1) Has complied and shall at all times during the term of this Contract comply, in all
respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including,
without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
2) Has not and will not knowingly employ any individual to perform services under
this Contract who is ineligible to work in the United States or under the terms of this Contract; and
3) Has properly maintained, and shall at all times during the term of this Contract
properly maintain, all related employment documentation records including, without limitation,
the completion and maintenance of the Form I-9 for each of Contractor's employees; and
4) Has responded, and shall at all times during the term of this Contract respond, in a
timely fashion to any government inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security, the Department of Labor, or the Social Security Administration.
C. Contractor shall require all subcontractors and/or sub -consultants to make these
same representations and warranties required by this Article 15 when hired to perform services
under this Contract.
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d. Contractor shall, upon request of City, provide a list of all employees working under
this Contract and shall provide, to the reasonable satisfaction of City, verification that all such
employees are eligible to work in the United States. All costs associated with such verification
shall be borne by Contractor. Once such request has been made, Contractor may not change
employees working under this Contract without written notice to City, accompanied by the
verification required herein for such employees. Contractor shall require all subcontractors and/or
sub -consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee
providing work under this Contract who is not authorized to work in the United States, and/or fails
to follow federal laws to determine the status of such employee, such shall constitute a material
breach of this Contract and may be cause for immediate termination of this Contract by City.
I. Contractor shall indemnify and hold City, its officials and employees harmless for,
of and from any loss, including but not limited to fines, penalties and corrective measures, City
may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in
connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State
of California and Contractor shall submit to the jurisdiction of California courts. Venue for any
dispute arising under this Contract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement,
oral or written, pertaining to the work to be performed under this Contract shall be of any force or
effect unless it is in writing and signed by both parties. Any work performed which is inconsistent
with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. The
City Manager is authorized to execute amendments to this Contract up to the amounts specified in
Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in
writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of
deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on
the date of the e-mail transmission.
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CONTRACTOR" "CITY"
Econolite Systems, Inc. City of Orange
1250 N. Tustin Ave 300 E. Chapman Avenue
Anaheim, CA 92807 Orange, CA 92866-1591
Attn: Brian Akerley Attn: Eduardo Lopez
Telephone: 714-630-3700 Telephone: 714-744-5527
E-Mail: bakerley@econolite.com E-Mail: edlopez@cityoforange.org
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the work provided herein shall be subject to the procedures set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument. Signatures
transmitted via facsimile and electronic mail shall have the same effect as original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS WHEREOF, the parties have entered into this Contract as of the date and
year first above written.
CONTRACT, BONDS AND INSURANCE
APPROVED BY:
MA.
Mary E. B Ping, Senior A ri ant City Attorney
Note: Signature of Chairman of the
Board, President or Vice President is
required]
CITY"
CITY OF ORANGE, a municipal corporation
Mayor of the City of
ATTEST: % /
D
TU, ,X d(iloll/
Pamela Coleman, City Clerk
c
CONTRACTOR"
ECONOLITE SYSTEMS, INC.,
a California corporation
By: Ac
Printed Nam . a8 v\cJ Ma{
Title: VP
ote: Signature of Secretary, Assistant By: gA )
Secretary, Chief Financial Officer or Printed ame: .] o N N 1..) . 14A 92m1
Assistant Treasurer is also required] Title: C l; o
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State of California 1
County of e
On N g before me,
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personally appeared 12- ) %'Y)GUf/II s
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
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authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
MELISSA WILSON
a` Notary Public - California
Orange County
Commission A 218116,
My Comm. Expires Jan 23, 2021
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 0Y Q.l, I
On —g'2G before me, Of 1;i Uh kovi 1 Noto-yv P11b I G
Date '
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Here Insert Name and Title of a Officer
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
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upon behalf of which the person(s) acted, executed the instrument.
MELISSA WILLS
Notary Public -California
Orange County
Commission k 2181164 it
My Comm. Expires Jan 23, 2021
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I certify under PENALTY OF PERJURY under the
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ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1,1771.4, 1775, 1776, 1777.5,1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application;
fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
public work contract that is subject to the requirements of this chapter. For the purposes of this section,
contractor" includes a subcontractor as defined by Section 1722.1.
a) To qualify for registration under this section, a contractor shall do all of the following:
1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and
pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under
this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee
shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal
fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual
increments up to three years from the date of registration. Contractors who wish to do so will be required to
prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which
they wish to preregister.
2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section
3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is
subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or
certification of self-insurance required under Section 7125 of the Business and Professions Code.
B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of
the Business and Professions Code.
C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or
determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration
award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment,
order, or determination that is under appeal, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law
providing for the debarment of contractors from public works.
E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the
performance of a contract for public works without being lawfully registered in accordance with this section,
within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e),
whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period
Attachment No. 1 (ioav)
Page 1 of 13
of disqualification shall be waived if both of the following are true
i) The contractor has not previously been found to be in violation of the requirements of this paragraph within
the preceding 12 months.
ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 1771.3 and shall be used only for the purposes specified in that section.
c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before
the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the
performance of any contract for public work until once again registered pursuant to this section. If the failure
to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an
additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the
due date of the renewal fee.
d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered
by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of
a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section
shall not apply, subject to the following requirements:
1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify
as a public work that portion of the work that the determination or decision subsequently classifies as a public
work.
2) Within 20 days following service of notice on the awarding body of a determination by the Director of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subcontractors are registered under this section or are
replaced by a contractor or subcontractors who are registered under this section.
3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal,
contract, or work performed after the awarding body is served with notice of the determination or decision
referred to in paragraph (2).
e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to
any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work
performed under a contract for public work on or after January 1, 2018, regardless of when the contract for
public work was executed.
f) This section does not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for
maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
Attachment No. 1 (roiiv)
Page 2 of 13
This section is applicable only to work performed under contract, and is not applicable to work carried
out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission;
exceptions; violations; penalties
a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public
works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of
the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
1) The subcontractor is registered prior to the bid opening.
2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration
fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public
Contract Code.
d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding
authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to
perform public work pursuant to Section 1725.5.
f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject
to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to
the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section
1725.5 or this section.
g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged
in the performance of any public work contract without having been registered in accordance with this section,
the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each
day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight
thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of
subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
Attachment No. I (ioiw)
Page 3 of 13
tiered public works contractor or subcontractor who is found to have entered into a subcontract with an
unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section
1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100)
for each day the unregistered lower tier subcontractor performs work in violation of the registration
requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and
may waive the penalty for a first time violation that was unintentional and did not hinder the Labor
Commissioner's ability to monitor and enforce compliance with the requirements of this chapter.
3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant
to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section
1725.5 due to the revocation of a previously approved registration.
4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works
contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or
subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any
penalties pursuant to paragraph (1).
i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in
accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g)
and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment
issued under this subdivision may be requested in accordance with the provisions of Section 1742. The
regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Article 2 (commencing with Section 1770), shall apply.
0)(1) Where a contractor or subcontractor engages in the performance of any public work contract without
having been registered in violation of the requirements of Section 1725.5 or this section, the Labor
Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the
unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor
is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public
work.
2) A stop order may be personally served upon the contractor or subcontractor by either of the following
methods:
A) Manual delivery of the order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public
work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or
subcontractor at one of the following:
i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors'
State License Board.
ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors'
State License Board, the address of the site of the public work.
3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party
contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor,
Attachment No. 1 (ioiiv)
Page 4 of 13
or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the
procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered
by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage
rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed
10 days.
k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or
subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision 0) is guilty
of a misdemeanor punishable by imprisonment in countyjail not exceeding 60 days or by a fine not exceeding
ten thousand dollars ($10,000), or both.
1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for
public work entered into on or after April 1, 2015. This section shall also apply to the performance of any
public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public
work was entered.
m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 1771.3 and shall be used only for the purposes specified in that section.
n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for
maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
a) All of the following are applicable to all public works projects that are otherwise subject to the
requirements of this chapter:
1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by
regulation.
3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A) At least monthly or more frequently if specified in the contract with the awarding body.
B) In a format prescribed by the Labor Commissioner.
4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on
a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered
contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years after
completion of the work.
Attachment No. 1 (ioav)
Page 5 of 13
5) The department shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision (a) if either of the following occurs:
1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on
all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December 31, 2011.
2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing
work on the project and that includes a mechanism for resolving disputes about the payment of wages.
c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects
awarded on or after January 1, 2015.
d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether
new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200)
for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work done
under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the
contractor.
2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of
both of the following:
i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good
faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the
contractor or subcontractor.
ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the
correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily
corrected when brought to the attention of the contractor or subcontractor.
ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless
those penalties were subsequently withdrawn or overturned.
iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section 1777.1.
Attachment No. 1 ponv/
Page 6of13
C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding
wage claim under Chapter I (commencing with Section 1720) of Part 7 of Division 2 against that contractor
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar
day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate
of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the
specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of
the following requirements:
1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5,
1813, and 1815.
2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the
subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but
not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the
public works project and any amounts due pursuant to Section 1813.
c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within
15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a
subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive
nonredacted copies of certified records; noncompliance penalties; rules
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or
her in connection with the public work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both of the following:
1) The information contained in the payroll record is true and correct
Attachment No. 1 (ioav)
Page 7 of 13
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract and the Division of Labor
Standards Enforcement of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll
records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided
the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which
the request was made. The public may not be given access to the records at the principal office of the
contractor.
c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of
subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with
the entity that requested the records within 10 days after receipt of a written request.
e) Except as provided in subdivision (1), any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding body or the Division of Labor
Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the subcontractor
performing the contract shall not be marked or obliterated. Any copy of records made available for inspection
by, or furnished to, a multiemployer Taft -Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the purposes of allocating contributions to participants shall be marked or obliterated only to
prevent disclosure of an individual's full social security number, but shall provide the last four digits of the
social security number. Any copy of records made available for inspection by, or famished to, a joint labor-
management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29
U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security
number.
f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike
Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance
Code and other law enforcement agencies investigating violations of law shall, upon request, be provided
nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for
inspection and fumished upon request to the public by an agency included in the Joint Enforcement Strike
Attachment No. 1 poav/
Page 8 of 13
Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be
marked or redacted to prevent disclosure of an individual's name, address, and social security number.
2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in
good faith in compliance with this subdivision.
g) The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to
comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is
not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply
with this section.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
0) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the
release of these records, including the establishment of reasonable fees to be charged for reproducing copies
of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable
craft or trade; exemptions; contributions; compliance program
a)(1) This chapter does not prevent the employment upon public works of properly registered
apprentices who are active participants in an approved apprenticeship program.
2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of the
California Apprenticeship Council established pursuant to Section 3070.
b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or
trade to which he or she is registered.
2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch
of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice
to fill out an application or undergo testing, training, an examination, or other preemployment process as a
condition of employment, the apprentice shall be paid for the time spent on the required preemployment
activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective
bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or
she fails to pass that test.
Attachment No. 1 (ionv)
Page 9 of 13
c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
1) The apprenticeship standards and apprentice agreements under which he or she is training.
2) The rules and regulations of the California Apprenticeship Council.
d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
o).
e) Before commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate ofjourneyman hours to be performed under the contract,
the number of apprentices proposed to be employed, and the approximate dates the apprentices would be
employed. A copy of this information shall also be submitted to the awarding body, if requested by the
awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the
journeyman and apprentice hours performed on the contract. The information under this subdivision shall be
public. The apprenticeship programs shall retain this information for 12 months.
f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as
otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every
five hours ofjourneyman work.
h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ
Attachment No. 1 (ioir9)
Page 10 of 13
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each fivejoumeymen in a craft or trade classification.
i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship
program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision (g).
0) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every
five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate
exempting the contractor from the I-to-5 hourly ratio, as set forth in this section for that craft or trade.
k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions
is met:
1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
3) There is a showing that the apprenticeable craft or trade is replacing at least one -thirtieth of its journeymen
annually through apprenticeship training, either on a statewide basis or on a local basis.
4) Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public
at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a j ourneyman.
1) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a
specific trade from the I-to-5 ratio on a local or statewide basis, the member contractors shall not be required
to submit individual applications for approval to local joint apprenticeship committees, if they are already
covered by the local apprenticeship standards.
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Department of Industrial Relations for administering this subdivision, by making
Attachment No. 1 (ioiiv)
Page 11 of 13
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program shall
be made.
ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade
and county for which the training contributions were made to the council, the grant shall be divided among
those programs based on the number of apprentices from that county registered in each program.
iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future
expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship
and preapprenticeship standards and requirements under this code.
B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the
apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document
the expenditure of grant funds and to make all records available to the Department of Industrial Relations so
that the Department of Industrial Relations is able to verify that grant funds were used solely for training
apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices,
receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be
deemed to require an apprenticeship program to provide the Department of Industrial Relations with more
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used
solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds
are expended or if an apprenticeship program is found to be using grant funds for purposes other than training
apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of
the apprenticeship program.
3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the
Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of
carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.
n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
p) An awarding body that implements an approved labor compliance program in accordance with subdivision
b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under
the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
Attachment No. 1 (ioas)
Page 12 of 13
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article. In awarding any contract for public work, the awarding
body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take
cognizance of all violations of this article committed in the course of the execution of the contract, and shall
report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 %s
times the basic rate of pay.
Attachment No. 1 (ioav)
Page 13 of 13
ATTACHMENT NO.2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of
contractors for public works projects; claims process (Eff: January 1, 2017)
a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that
all construction business performed on a public works project in the state that is complete and not in dispute
is paid in full and in a timely manner.
b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240)
of Chapter l of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing
with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection
with a public works project.
c) For purposes of this section:
1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return
receipt requested, for one or more of the following:
A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by a public entity under a contract for a public works project.
B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled.
C) Payment of an amount that is disputed by the public entity.
2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public
entity for a public works project.
3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division, bureau, board, or commission, the California State University, the University of
California, a city, including a charter city, county, including a charter county, city and county, including a
charter city and county, district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
B) "Public entity" shall not include the following:
i) The Department of Water Resources as to any project under the jurisdiction of that department.
ii) The Department of Transportation as to any project under the jurisdiction of that department.
iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
Attachment No. 2
Page I of 3
v) The Military Department as to any project under the jurisdiction of that department
vi) The Department of General Services as to all other projects.
vii) The High -Speed Rail Authority.
4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public
structure, building, road, or other public improvement of any kind.
5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or
is a lower tier subcontractor.
d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall
conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant
a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon
receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided
in this subdivision.
B) The claimant shall furnish reasonable documentation to support the claim
C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension,
expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after
the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph
3) shall apply.
2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any
portion of the claim remains in dispute, the public entity shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment
due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity
issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall
be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs
equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each
party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of
the claim remaining in dispute shall be subject to applicable procedures outside this section.
Attachment No. 2
Page 2 of 3
C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to,
neutral evaluation or a dispute review board, in which an independent third party or board assists the parties
in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation
has been commenced.
E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve
the parties' dispute.
3) Failure by the public entity to respond to a claim from a contractor within the time periods described in
this subdivision or to otherwise meet the time requirements of this section shall result in the claim being
deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded
to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity
because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of
a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf
or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public entity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public
works project that may give rise to a claim under this section.
1) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that
1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly
to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair
the timeframes and procedures set forth in this section.
g) This section applies to contracts entered into on or after January 1, 2017.
h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
Attachment No. 2
Page 3 of 3
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
ATTACHMENT NO.3
EXHIBIT 12-G REQUIRED FEDERAL -AID CONTRACT LANGUAGE
For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal -aid construction
contracts. The following language, with minor edits, was taken from the Code of Federal
Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ................................................................................2
A. DBE COMMITMENT SUBMITTAL.................................................................................................... 2
B. GOOD FAITH EFFORTS SUBMITTAL.............................................................................................3
C. EXHIBIT 15-G - CONSTRUCTION CONTRACT DBE COMMITMENT............................................3
D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS..................4
E. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES..........................................4
2. BID OPENING................................................................................................................................................5
3. BID RIGGING.................................................................................................................................................5
4. CONTRACTAWARD.....................................................................................................................................5
5. CONTRACTOR LICENSE..............................................................................................................................5
6. CHANGED CONDITIONS..............................................................................................................................5
A. DIFFERING SITE CONDITIONS.......................................................................................................5
B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER......................................................... 6
C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK.......................................................... 6
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES......................................6
S. BUYAMERICA...............................................................................................................................................7
9. QUALITY ASSURANCE.................................................................................................................................7
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS.....................................................7
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS ......................7
12. FEMALE AND MINORITY GOALS..............................................................................................................20
13. TITLE VI ASSURANCES..............................................................................................................................21
14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT).............................................22
15. FEDERALTRAINEE PROGRAM .................................................................................................................22
Attachment No. 3 Page 1 of24
January 2020
Local Assistance Procedures Manual
1.
Under 49CFR26.13(b):
Exhibit 12-G
Required Federal -Aid Contract Language
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 49CFR26 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.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract
49CFR26). To ensure equal participation of DBEs provided in 49CFR26.5, the Agency shows a contract
goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE
subcontractors and suppliers.
Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate
good faith efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs
certified by the California Unified Certification Program, go to: https://dot.ca.gov/programs/business-and-
economic-opportun ity/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally mandated
statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner
100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of
materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular
dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
You receive credit towards the goal if you employ a DBE trucking company that performs a commercially
useful function as defined in 49CFR26.55(d)(1) as follows:
The DBE must be responsible for the management and supervision of the entire trucking operation
for which it is responsible on a particular contract, and there cannot be a contrived arrangement for
the purpose of meeting DBE goals.
The DBE must itself own and operate at least one fully licensed, insured, and operational truck
used on the contract.
The DBE receives credit for the total value of the transportation services it provides on the
Contract using trucks it owns, insures, and operates using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a
DBE. The DBE who leases trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the Contract.
The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the DBE
leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is
entitled to credit for the total value of these hauling services.
A lease must indicate that the DBE has exclusive use of and control over the truck. This does not
preclude the leased truck from working for others during the term of the lease with the consent of
the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased
trucks must display the name and identification number of the DBE.
a. DBE Commitment Submittal
Submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. If the form is
not submitted with the bid, remove the form from the Bid book before submitting your bid.
If the DBE Commitment form is not submitted with the bid, all bidders must complete and submit Exhibit 15-
G to the Agency. The DBE Commitment form must be received by the Agency within five (5) days of bid
Attachment No. 3 Page 2 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
opening.
Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation
with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is
participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid
nonresponsive.
b. Good Faith Efforts Submittal
Exhibit 15-H: Proposer/Contractor Good Faith Efforts is due to the local agency within five (5) days of bid
opening. Days means calendar days. In computing any period of time described in this part, the day from which
the period begins to run is not counted, and when the last day of the period is a Saturday, Sunday, or federal
holiday, the period extends to the next day that is not a Saturday, Sunday, or federal holiday. Similarly, in
circumstances where the recipient's offices are closed for all or part of the last day, the period extends to the
next on which the agency is open. Only good faith efforts directed towards obtaining participation and meeting
or exceeding the DBE contract goal will be considered.
Submittal of good faith efforts documentation within the specified time protects your eligibility for award of the
contract in the event the Agency finds that the DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting documents, as necessary
1. Items of work you have made available to DBE firms. Identify those items of work you might
otherwise perform with your own forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed, show the
dollar value and percentage of the total contract. It is your responsibility to demonstrate that
sufficient work to meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project.
Include the items of work offered. Describe the methods used for following up initial
solicitations to determine with certainty if the DBEs were interested, and the dates of the
follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent,
telephone logs, telephone billing statements, and other evidence of solicitation. You are
reminded to solicit certified DBEs through all reasonable and available means and provide
sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include
name, address, and telephone number of each DBE that provided a quote and their price
quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the
project. Attach copies of the published advertisements.
i. Names of agencies and dates on which they were contacted to provide assistance in
contacting, recruiting, and using DBE firms. If the agencies were contacted in writing,
provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications, and requirements of the contract to assist them in responding to a
solicitation. If you have provided information, identify the name of the DBE assisted, the
nature of the information provided, and date of contact. Provide copies of supporting
documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit,
insurance, necessary equipment, supplies, and materials, excluding supplies and
equipment that the DBE subcontractor purchases or leases from the prime contractor or
its affiliate. If such assistance is provided by you, identify the name of the DBE assisted,
nature of the assistance offered, and date assistance was provided. Provide copies of
supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
Attachment No. 3 Page 3 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
The Agency may consider DBE commitments from other bidders when determining whether the low bidder
made good faith efforts to meet or exceed the DBE goal.
c. Exhibit 15-G -Construction Contract DBE Commitment
Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless
of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in
the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as ajoint venture
partner, please submit a copy of the joint venture agreement.
d. Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List ojSubcontractors (DBE and Non -DBE), and Exhibit
15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution.
The Agency requests the Contractor to
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1 st-tier subcontractor
Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company,
regardless of tier
Date of payment and total amount paid to each business (see Exhibit 9-17: Monthly Disadvantaged
Business Enterprise Payment)
If you are a DBE contractor, include the date of work performed by your own forces and the corresponding
value of the work.
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date.
If a business becomes a certified DBE before completing its work, the business must notify you in writing of the
certification date. Submit the notifications. On work completion, complete a Disadvantaged Business
Enterprises (DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days of contract
acceptance.
Upon work completion, complete Exhibit 17-F Final Report— Utilization ojDisadvantaged Business Enterprises (DBE),
First -Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the
form is submitted. The Agency releases the withhold upon submission of the completed form.
e. Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment
form, included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces
or obtain materials from other sources without authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the
following justifications:
I. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the
project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet
your bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors
License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
Attachment No. 3 Page 4 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
S. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the
work on the Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide
the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of
other forces or sources of materials should not occur. Your request to use other forces or material sources
must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from you to the DBE regarding the request.
3. Notices from the DBEs to you regarding the request.
If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute
for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE
under the contract to the extent needed to meet or exceed the DBE goal.
The contractor or consultant shall utilize the specific DBEs listed to perform the work and supply the materials
forwhich each is listed unless the contractor or subconsultant obtains the agency's written consent. Unless the
agency's consent is provided, the contractor shall not be entitled to any payment for work or material unless it
is performed or supplied by the listed DBE on the Exhibit 15-G: Construction Contract DBE Commitment.
2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to
Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll -free hotline to report bid rigging
activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline
number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and
anonymous.. The hotline is part of the DOT's effort to identify and investigate highway construction contract
fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest
responsible and responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract
acceptance (Public Contract Code § 10164).
6. CHANGED CONDITIONS
a. Differing Site Conditions
During the progress of the work, if subsurface or latent physical conditions are encountered at the
site differing materially from those indicated in the contract or if unknown physical conditions of
an unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in the work provided for in the contract, are encountered at the site, the
party discovering such conditions shall promptly notify the other party in writing of the specific
differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that
the conditions materially differ and cause an increase or decrease in the cost or time required for
the performance of any work under the contract, an adjustment, excluding anticipated profits, will
Attachment No. 3 Page 5 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
be made and the contract modified in writing accordingly. The engineer will notify the contractor
of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the
contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged
work. (This provision may be omitted by the Local Agency, at their option.)
b. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in
writing for an unreasonable period of time (not originally anticipated, customary, or inherent to
the construction industry) and the contractor believes that additional compensation and/or
contract time is due as a result of such suspension or delay, the contractor shall submit to the
engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to
resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractors request. If the engineer agrees that the
cost and/or time required for the performance of the contract has increased as a result of such
suspension and the suspension was caused by conditions beyond the control of and not the fault
of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by
weather, the engineer will make an adjustment (excluding profit) and modify the contract in
writing accordingly. The contractor will be notified of the engineers determination whether or not
an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for
adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would
have been suspended or delayed by any other cause, or for which an adjustment is provided
or excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in
quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety,
and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the
contract, whether such alterations or changes are in themselves significant changes to the
character of the work or by affecting other work cause such other work to become significantly
different in character, an adjustment, excluding anticipated profit, will be made to the contract.
The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis
cannot be agreed upon, then an adjustment will be made either for or against the contractor in
such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the
work to be performed under the contract, the altered work will be paid for as provided
elsewhere in the contract.
4. The term "significant change" shall be construed to apply only to the following circumstances:
When the character of the work as altered differs materially in kind or nature from
that involved or included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in
excess of 125 percent or decreased below 75 percent of the original contract
quantity. Any allowance for an increase in quantity shall apply only to that portion in
excess of 125 percent of original contract item quantity, or in case of a decrease
below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
Attachment No. 3 Page 6 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of TEN WORKING DAYS
beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Orange the sum of $ 500 per day, for each and every
calendar days' delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified
mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel
and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the
domestic production of the steel and iron materials (60 Fed Reg 15478
03/24/1995)1;
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or
2,500, materials produced outside the U.S. may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the
physical form or shape (such as rolling, extruding, machining, bending, grinding, and
drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or
enhances the value of steel and iron materials.
9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program (OAP) to ensure a material is produced to comply with the
Contract. You may examine the records and reports of tests the Agency performs if they are available at
the job site.
Schedule work to allow time for QAP.
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The agency may hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime
contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld
in retention from a subcontractor within seven (7) days after receiving payment for work satisfactorily completed
and accepted including incremental acceptances of portions of the contract work by the agency, unless as
agreed to in writing by the prime contractor and subcontractor, pursuant to Section 7108.5 of the Business and
Professions Code and Section 10262 of the California Public Contract Code. Any violation of these provisions
shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies
specified therein. These requirements shall not be construed to limit or impair any contractual, administrative,
or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS
Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD
CONTRACTS)
The following 10 pages must be physically inserted into the contract without modification.]
Attachment No. 3 Page 7 of24
January 2020
Local Assistance Procedures Manual
REQUIRED CONTRACT
PROVISIONS FEDERAL -AID
CONSTRUCTION CONTRACTS
Attachment No.3
Exhibit 12-G
Required Federal -Aid Contract Language
FHNVA-1273 — Revised May I, 2012
Page 8 of 24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
I. General
It. Nondiscrimination
III. No segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VI I. Safely: Accident Prevention
Vill. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X. Compliance with Government wide Suspension and Debarment
Requirements
A. Certification Regarding Use of Contract Funds for Lobbying
It. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable
to all Federal -aid construction contracts and to all related construction
subcontracts of $10,000 or more. The previsions of 23 CFR Part 230
are not applicable to material supply, engineering, or architectural
service contracts.
In addition, the contractor and all subcontractors must comply with the
following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
amended, and related regulations including 49 CFR Parts 21, 26 and
27; and 23 CFR Pads 200, 230, and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the
A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard FederalHighwaySystemorAppalachianLocalAccessRoadContractsEqualEmploymentOpportunityConstructionContractSpecificationsinincludedinAppalachiancontractsonly) 41 CFR 60-4.3.
LGENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding purchase
orders, rental agreements and other agreements for supplies or
services).
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible
for compliance by any subcontractor, lower -tier subcontractor or service
provider.
Forth FHWA-1273 must be included in all Federal -aid design -build
contracts, in all subcontracts and in lower tier subcontracts (excluding
subcontracts for design services, purchase orders, rental agreements
and other agreements for supplies or services). The design -builder shall
be responsible for compliance by any subcontractor, lower -tier
subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal
or request for proposal documents, however, the Form FHWA-1273
must be physically incorporated (not referenced) in all contracts,
subcontracts and lower -tier subcontracts (excluding purchase orders,
rental agreements and other agreements for supplies or services related
to a construction contract).
2. Subject to the applicability criteria noted in the following sections,
these contract provisions shall apply to all work performed on the
contract by the contractors own organization and with the assistance
of workers under the contractor's immediate superintendence and to
all work performed on the contract by piecework, station work, or by
subcontract.
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the
contract, suspension / debarment or any other action determined to
be appropriate by the contracting agency and FHWA.
4. Selection of Labor. During the performance of this contract, the
contractor shall not use convict labor for any purpose within the limits
of a construction project on a Federal -aid highway unless it is labor
performed by convicts who are on parole, supervised release, or
probation. The term Federal -aid highway does not include roadways
functionally classified as local roads or rural minorcollectors.
Nate: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the policies of
the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.
The contracting agency and the FHWA have the authority and the
responsibility to ensure compliance with Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), and Tide A of
the Civil Rights Act of 1964, as amended, and related regulations
including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and
633.
The following provision is adopted from 23 CFR 230, Appendix A, with
appropriate revisions to conform to the U.S. Department of Labor (US
DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity
EEO) requirements not to discriminate and to take affirmative action to
assure equal opportunity as set forth under laws, executive orders,
rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41
CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as
modified by the provisions prescribed herein, and imposed pursuant to
23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract. The
provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to
provide equal opportunity with respect to all of its tens and
conditions of employment and in their review of activities under the
contract.
b. The contactor will accept as its operating policy thefollowing
statement:
It is the policy of this Company to assure that applicants are employed,
and that employees are treated during employment, without regard to
their race, religion, sex, color, national origin, age or disability. Such
action shall include: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including
apprenticeship, pre -apprenticeship, and/or on-the-job training"
FHWA-1273 — Revised May 1, 2012
Attachment No. 3 Page 9 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
2. EEO Officer. The contractor will designate and make known to
the contracting officers and EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting and active EEO program and who must be assigned
adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are
substantially involved In such action, will be made fully cognizant of,
and will implement, the contractors 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
contractors EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractors EEO obligations within thirty days
following their reporting for duty wrath the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractors
procedures for locating and hiring minorities and women.
d. Notices and posters selling forth the contractors EEO policywill
be placed In areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractors 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
wit 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 contractors 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.
Attachment No.3
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.
S. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sitesto
insure that working conditions and employee facilities do not
Indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid
within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel actions
In depth to determine whether there is evidence ofdiscrimination.
Where evidence is found, the contractor of promptly take
corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with its
obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant, such
corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing
the skills of minorities and women who are applicants for
employment or current employees. Such efforts should be aimed
at developing full journey level status employees in the type of
trade or job classification involved.
b. Consistent with the contractors 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 andwill
encourage eligible employees to apply for such training and
promotion.
Page 10 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
7. Unions: If the contractor relies in whole or in part upon unions as
a source of employees, the contractor will use good faith efforts to
obtain the cooperation of such unions to increase opportunities for
minorities and women. Actions by the contractor, either directly or
through a contractors 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 conlractorwill use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union
Will be contractually bound to refer applicants without regard to
their race, color, religion, sex, national origin, age ordisability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor with a
reasonable flow of referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified and/or
qualifiable minorities and women. The failure of a unlon to
provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established there under.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The contractor
shall take all necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor
compliance with their EEO obligations.
Attachment No. 3
FHWA-1273 — Revised May 1, 2012
10. Assurance Required by49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOTS U.S.
DOT -approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration
of DOT -assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy
as the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the following:
1) The number and work hours of minority and non -minority group
members and women employed in each work classification on
the project;
2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employmentopportunities
for minorities and women; and
3) The progress and efforts being made in locating, hiring, training,
qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report
to the contracting agency each July for the duration of the
project, indicating the number of minority, women, and non -
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of the
last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor will
be required to collect and report training data. The employment
data should reflect the work force on board during all or any part
of the last payroll period preceding the end of July.
111. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts
and to all related construction subcontracts of $10,000 or more.
The contractor must ensure that facilities provided for employees
are provided in such a manner that segregation on the basis of
race, color, religion, sex, or national origin cannot result. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom. The
contractors 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.
Page I of24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects
exceeding $2.000 and to all related subcontracts and lower -tier
subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal -aid highway. This excludes
roadways functionally classified as local roads or rural minor
collectors, which are exempt. Contracting agencies may elect to
apply these requirements to other projects.
The fallowing provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 "Contract provisions and related matters"
with minor revisions to conform to the FHWA-1273 formal and
FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the site
of the work, will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis -Bacon Act on
behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph 1.d.
of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That
the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage
determination (including any additional classification and wage
rates conformed under paragraph 1.b. of this section) and the
Davis -Bacon poster (WH-1321) shall be posted at all limes by the
contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the
workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the contract
shall be classified In conformance with the wage determination. The
contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following
criteria have been met:
Attachment No.3
FHWA-1273 — Revised May 1, 2012
i) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
ii) The classification is utilized in the area by the construction
industry; and
III) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in
the wage determination.
2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator
of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
3) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Wage and
Hour Administrator for determination. The Wage and Hour
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
4) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs t.b.(2) or 1.6.(3) of this
section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
d. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of
the Davis -Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
Page 12 of24
January 2020
Local Assistance Procedures Manual Exhibit 12-C
Required Federal -Aid Contract Language
2. Withholding
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor under this
contract, or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by
the contract, the contracting agency may, after written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the
name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid
including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in Which
any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers
and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
identifying number for each employee ( e.g. , the last four digits of
the employee's social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose from the Wage and Hour
Division Web site at
http:/Avww.dol.gov/esahvhd/fo=sAuh347!nstr.htm or its successor
site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
Attachment No, 3
FHWA-1273 - Revised May 1, 2012
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the
State DOT, the FHWA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the
contracting agency.
2) Each payroll submitted shall be accompanied by a "Statement
of Compliance; signed by the contractor or subcontractor or his
or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the
following:
i) That the payroll for the payroll period contains the information
required to be provided under §5.5 (a)(3)(11) of Regulations, 29
CFR part 5, the appropriate information is being maintained
under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such
information is correct and complete;
ii)That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set
forth in Regulations, 29 CFR part 3;
m) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
3) The weekly submission of a property executed certification set
forth on the reverse side of Optional Forth WFI-347 shall
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 3.1b.(2) of this section.
4) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under section 1001 of title 18 and section 231 of title 31 of the
United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying. or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
Page 13 of 24
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Local Assistance Procedures Dlanual Exhibit 12-G
Required Federal -Aid Contract Language
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer
and Labor Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
The allowable ratio of apprentices to journeyman on the job site in
any craft classification shall not be greater than the ratio permitted
to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for
the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the
contractors or subcontractor's registered program shall be
observed.
Every apprentice must be paid at not less than the rate specified in
the registered program for the apprenfice's level of progress,
expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by
the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed
unless they are employed pursuant to and Individually registered in
a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and
Training Administration.
Attachment No.3
FHWA-1273 — Revised May 1, 2012
The ratio of trainees to journeyman on the job site shall not be
greater than permitted under the plan approved by the Employment
and Training Administration.
Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate an the
wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate
who Is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed.
In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. Equal employment opportunity. The utilization of apprentices,
trainees and journeyman under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and
trainees to journeyman shall not be greater than permitted by the
terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Forth FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment A breach of the contract
clauses in 29 CFR 6.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractoras
provided In 29 CFR 5.12.
Page 14 of 24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
8. Compliance with Davis -Bacon and Related Act requirements.
All rulings and interpretations of the Davis -Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause Include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it
nor he or she) nor any person or firm who has an interest in the
contractors firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
b.No part of this contract shall be subcontracted to any person or
farm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal -aid construction contract
in an amount in excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours In
such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in paragraph (1.) of
this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth inparagraph(1.)
of this section, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1.) of this
section.
Attachment No. 3
FHWA-1273 — Revised May 1, 2012
3. Withholding for unpaid wages and liquidated damages. The
FHWA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph (1.) through (4.)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs
L) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts
on the National Highway System.
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated
by the contracting agency. Specialty items may be performed
by subcontract and the amount of any such specialty items
performed may be deducted from the total original contract price
before computing the amount of work required to be performed
by the contractors own organization (23 CFR 635.116).
a. The tens "perform work with its own organization" refers to
workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
1) the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
2) the prime contractor remains responsible for the quality of the
work of the leased employees;
3) the prime contractor retains all power to accept orexclude
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.
Page 15 of 24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the for, has full authority Indirect
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4.No portion of the contract shall be sublet, assigned orotherwise
disposed of except with the written consent of the contracting
officer, or authorized representative, and such consent when
given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent
will be given only after the contracting agency has assured that
each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the prime contract.
5. The 30 % self -performance requirement of paragraph (1) is not
applicable to design -build contracts; however, contracting
agencies may establish their own self -performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts.
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the contracting
officer may determine, to be reasonably necessary to protect the
life and health of employees on the job and the safety of thepublic
and to protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of
each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit
any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act
40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspector
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).
Attachment No.3
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts.
In order to assure high quality and durable construction in conformity
with approved plans and specifications and a high degree of
reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects,
it is essential that all persons concerned with the project perform
their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to
any facts related to the project is a violation of Federal law. To
prevent any misunderstanding regarding the seriousness ofthese
and similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more places
where it is readily available to all persons concemed with the project:
18 U.S.C. 1020 reads as follows:
Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years
or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid constmclion contracts
and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract,
or subcontract, as appropriate, the bidder, proposer, Federal -aid
construction contractor, or subcontractor, as appropriate, wit be
deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
perfarrmance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act or Section
306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be included the
requirements of paragraph (1) of this Section X in every subcontract, and
further agrees to take such action as the contracting agency may direct as a
means of enforcing such requirements.
Page 16 of 24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
FHWA-1273 —Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction contracts,
design -build contracts, subcontracts, lover -tier subcontracts, purchase
orders, lease agreements, consultant contracts or any other covered
transaction requiring FHWA approval or that is estimated to cost $25,000
or more— as defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective first her
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 outbelow.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective first tier
participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
c The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective that tier participant shall provide immedialevintlen
notice to the contracting agency to whom this proposal is
submitted if any time the prospective first tier participant leams that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200.'First Tier Covered Transactions' refers to any covered
transaction between a grantee or subgrantee of Federal funds and
a participant (such as the prime or general contract). "Lower Tier
Covered Transactions' refers to any covered transaction under a
First Tier Covered Transaction (such as subcontracts). "First Tier
Participant' refers to the participant who has entered into a
covered transaction with a grantee or subgrenlee 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).
I. The prospective first her participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
Ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective first tier participant further agrees by submitting
this proposal that it will include the clause tilled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transactions," provided by the
department or contracting agency, entering into this covered
Attachment No. 3
transaction, without modification, in all lower der covered
transactions and in all solicitations for lover tier covered
transactions exceeding the $25,000 threshold.
h.A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that
is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the codification is
erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its
principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, checkthe
Excluded Parties List System website (h2ps.1/wwme21s.00v/),
which is compiled by the General Services Administration.
I. Nothing contained in the foregoing shall be construed to require
the establishment of a system of records in order to render ingood
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 lransacton, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause ordefaull.
2. Certification Regarding Debarment, Suspension,lneligibility
and Voluntary Exclusion — First Tier Participants:
a. The prospective first tier participant certifies to the best cilia
knowledge and belief, that it and its principals:
1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department
or agency;
2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered againstthem
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen
property;
3) Are not presently Indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph
a)(2) of this certification; and
4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
Federal, State or local) terminated for cause ordefaull.
b. Where the prospective participant is unable to cergfy to any of
the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
Page 17 of 24
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
2. Instructions for Certification - Lower Tier Participants:
Applicable to all subcontracts, purchase orders and other lower tier
transactions requiring prior FHWA approval or estimated to cost
25,000 or more -2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lowertier
is providing the certification set out below.
b.The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction; "debarred; "suspended;'
ineligible," "participant," "person," "principal;' and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
First Tier Participant" refers to the participant who has entered
into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower
Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting
this proposal that it will include this clause tilled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transaction." without modification,
in all lower tier covered transactions and in all solicitations for
lower tier covered transactions exceeding the $25,000 threshold.
g.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower Her covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is
not required to, check the Excluded Parties List System website
ji //wa%w eols eovo, which is compiled by the General Services
Administration.
Attachment No. 3
FHWA-1273 — Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in goad
faith the certification required by this clause. The knowledge and
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion —Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts which exceed $100,000 (49 CFR
20).
1. The prospective participant certifies, by signing andsubmitting
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 woperative agreement.
In. 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 Forth to Report Lobbying," in accordance with its
instructions.
Page 18 of24
January 2020
Local Assistance Procedures Manual
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
Into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
3.The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of
this certification be included in all lower tier subcontracts, which
exceed information of participant is not required to exceed that which
is $100,000 and that all such recipients shall certify and
disclose accordingly.
Exhibit 12-G
Required Federal -Aid Contract Language
Attachment No. 3 Page 19 of24
January 2020
Local Assistance Procedures Manual
12. FEMALE AND MINORITY GOALS
Exhibit 12-G
Required Federal -Aid Contract Language
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction
Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and
subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic
Goal
Area
Percent)
Redding CA:
174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco -Oakland -San Jose, CA:
SMSA Counties:
7120 Salinas -Seaside -Monterey, CA 28.9
CA Monterey
7360 San Francisco -Oakland 25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA 19.6
176 CA Santa Clara, CA7485SantaCruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-FairFeld-Napa, CA 171
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
177 6920 Sacramento, CA 16.1
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA
Yuba
Stockton -Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus8120Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA ma or; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno -Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
Page 20 of 24
Attachment No. 3 January 2020
Local Assistance Procedures Manual Exhibit 12-G
God. —LAM r,.,e... r.,
eA Memo
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden Grove, CA 11.9
CA Orange
28.3
4480 Los Angeles -Long Beach, CA
CA Los Angeles 21.5
180 6000 Oxnard -Simi Valley -Ventura, CACAVentura 19.0
6780 Riverside -San Bernardino -Ontario, CA
CA Riverside; CA San Bernardino 19.7
7480 Santa Barbara -Santa Maria -Lompoc, CA
CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
181 7320 San Diego, CA
16.9
CA San Diego
Non-SMSA Counties 18.2
CA Imperial
Far the last full week July during which work is performed under the contract, you and each non material -
supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391
Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors
in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS), which are herein incorporated by reference and made a part of
this agreement.
2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion,
age, or disability in the selection and retention of sub -applicants, including procurements of
materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the agreement covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Sub -agreements. Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be
performed under a Sub- agreement, including procurements of materials or leases of equipment,
each potential sub -applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S
obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin.
4) Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the California
Department of Transportation or FHWA to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of CONTRACTOR is in the exclusive
Page 21 of 24
Attachment No. 3
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
certify to the California Department of Transportation or the FHWA as appropriate, and shall set
forth what efforts CONTRACTOR has made to obtain the information.
5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
nondiscrimination provisions of this agreement, the California Department of Transportation shall
impose such agreement sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of
time, not to exceed 90 days; and/or
b) cancellation, termination or suspension of the Agreement, in whole or in part.
6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6)
in every sub -agreement, including procurements of materials and leases of equipment, unless exempt
by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the
California Department of Transportation or FHWA may direct as a means of enforcing such provisions
including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes
involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction,
CONTRACTOR may request the California Department of Transportation enter into such litigation to
protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter
into such litigation to protect the interests of the United States.
14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT)
The CONTRACTOR agrees-
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable rates for United States -flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United
State or within 30 working days following the date of loading for shipments originating outside the
United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in English for
each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer
through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
contract.
Federal Trainee Program Special
Provisions (to be used when
applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 0 .
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full
journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the
subcontractor. Include these training requirements in your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of
apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your
needs and the availability of journeymen in the various classifications within a reasonable recruitment
area.
Page 22 of 24
Attachment No. 3
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City/County's of approval for this submitted information before you start work. The
City/County of credits you for each apprentice or trainee you employ on the work who
is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen status.
Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and
direct recruitment through public and private sources likely to yield minority and women apprentices or
trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the
efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to
journeyman status or in which the employee has been employed as ajourneyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of
Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status
or has been employed as a journeyman. Your records must show the employee's answers to the questions.
In your training program, establish the minimum length and training type for each classification. The City/County
of _ and FHWA approves a program if one of the following is met:
I. It is calculated to:
Meet the your equal employment opportunity responsibilities
Qualify the average apprentice or trainee for journeyman status in the classification
involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training,
and it is administered in a way consistent with the equal employment responsibilities of
Federal -aid highway construction contracts
Obtain the State's approval for your training program before you start work involving the classification
covered by the program.
Provide training in the construction crafts, not in clerk -typist or secretarial -type positions. Training is
allowed in lower level management positions such as office engineers, estimators, and timekeepers if the
training is oriented toward construction applications. Training is allowed in the laborer classification if
significant and meaningful training is provided and approved by the division office. Off -site training is
allowed if the training is an integral part of an approved training program and does not make up a
significant part of the overall training.
The City/County of reimburses you 80 cents per hour of training given an employee on this
contract under an approved training program:
1. For on -site training
2. For off -site training if the apprentice or trainee is currently employed on a Federal -aid project
and you do at least one of the following:
Contribute to the cost of the training
Provide the instruction to the apprentice or trainee
Pay the apprentice's or trainee's wages during the off -site training period
3. If you comply this section.
Page 23 of24
Attachment No. 3
January 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the
apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or
trainee's work classification or until the apprentice or trainee has completed the
training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply within providing the training
Page 24 of 24
Attachment No. 3 January 2020
ATTACHMENT NO.4
EXHIBIT 15-G)
Beneath this sheet.]
ATTACHMENT NO.4 - EXHIBIT 15-G
Local Assistance Procedures Manual Exhibit I5-C
Construction Contract DBE Commitment
EXHIBIT 15-G CONSTRUC{'ION CONTRAC-rDBE COMMI"1'MENT
1 Local Agency: Citl or O_ fame 2. Contract DBE Goal: 19%
3. Project Descripborr. HSIPL-5073LOB51 Pedestrian Safety Improvements -Pedestrian Count Down Signals (PCs'
4. Project Location At 33 Lnicahona City Wide
S. Bidders Name: Econo(ite Systems 6. Prime Ceriilled DBE: 7. On Amount: $156,280.93
8. Total Dollar Amount for aLL Subcontractors: $32,000.00 9. Total Number of ALL Subcontractors' One (1)
10. BidItem 11 Description of Work. Service, or Materials 12. DBECertification 73. DBE Contact information 14. DBEDollar
Number Supplied Number Must be certi0ed on the date bids are opened) Amount
5 Furnish and Install Battery Backup 405,
TEK Services 22 99a 40
5680 Van Gogh Way
Yorba Linda, CA 92887
Furnish Pedestrian
TEK Services 17,573.92
3 40540 5680 Van GoohWa Module
and Housing Yorba Linda, CA 92887 TEK
Services AD
A Compliant Pushbutton 40540 5680 V@n Goah Way 14,894.88 Yorba
Linda, CA 92887 Local
Agency to Complete this Section S $
55,463.20 21
Local Agency Contract Number. Bid No. 189-32 IM
15. TOTAL CLAWED DBE PARTICIPATION 19
22. Federal -Aid Project Number HSIP-5073(085) 23.
Bid Opening Date: 2/13l2020 24.
Contract Award Date: 3r10,2020 identify a rms being claimed mi cre , regardless
of tier. Names of the First Tier DBE Subcontractors and their
respective items) of work listed above must be consistent wtlere
applicable Win the names and items of the work In the Local
Agency certifies that all DBE certifications are valid and information on Subcontractor List" submiaed win your bid. Written confirmation of this
form is complete and accurate. each listed OBE is required. 2/
1320 25.
Local Agency Representatives Signature 25. Date taperers signature 17-0-a-----"" Edr,
rdn \I I onex. 714-74.)_;517 Dorian Pappas 714.630.3700 18"'
Prepame'Warne— _--' "'-- 19. Phone 27, Local Agency Representatives Name 28. Phone Sr.
Civil Engineer Estimator 29:
Local —' ____—. 2DfPr€lar€ds-Tni_ —_—. 9 ¢
PR reseNahve's Titter DISTRIBUTION.
t. Original - Local Agency 2.
Copy- Caluens District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution
may result In de -obligation of federal funds on contract. include additional copy with award package. ADA
Ndice: For lndlviduslswM sensory deabaitics,d116 docYmantis availableln aeemale formals. For lnro—atloa dl(916)5546paofTOD(at6)654- 3a80orwnteReCords
and Fonns Management, 1120 N Street, MS-89, Sacmmanto, CA 95814. Page
1 or2 July
2J, 2015
4'4 0 o"Uoi:i WpC1
G CITY OF ORANGE
PUBLIC WORKS DEPARTMENT
Bid No.: 189-32
BIDS DUE: 2:00 p.m., February 13, 2020 (Thursday) CONTRACT TIME: Sixty (60) Calendar Days
PROJECT: Pedestrian Safety Improvements —Pedestrian Countdown Signals (PCS)— HSIPIr5073(085)
FUNDING:
Federal Aid Urban (FAU) Department of Transportation (DOT)
Community Development Block Grant (CDBG) Department of Housing and Urban Development (HUD)
0 Other Federal, State, County or City Funds. (ISTEA)
DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: 19
REFER TO BID SECTION 2-1.02 FOR REQUIREMENTS
Ex -I Trucking 0 Equipment Rental
Demolition Consultant Design
Excavation/Grading/Trenching Surveying
Cement Concrete Underground/Pipeline Construction
Landscaping and Irrigation 0 Traffic signs/Painting/Striping
Electrical/Traffic Signal Detectable Warning Surface (Truncated Domes)
Asphalt Concrete Paving
Masonry
Building Construction
Concrete Structures
IF YOU ARE A DBE CONTRACTOR, PLEASE
Call the Public Works Department at (714) 744-5544 and ask for the list of the prospective bidders, their names,
addresses, and telephone numbers. Contact the prospective bidders and inform them the type of work that you can
perform as a subcontractor. If you are not listed in the DBE Directory published by the California Department of
Transportation, please apply and get registered through the Office of Civil Rights, State of California, Department of
Transportation, 1823 14th Street, Sacramento, CA 95811, Telephone number (916) 324-1700, Toll -Free (866) 810-
6346. Your participation will be greatly appreciated.
CONTACTS TO REMEMBER
FOR DBE CERTIFICATION CONTACT:
The Office of Civil Rights, State of California
Department of Transportation
1823 W Street
Sacramento, CA 95811
Tel No. (916) 324-1700
Toll -Free (866) 810-6346
FOR DBE OPPORTUNITIES CONTACT:
The Office of Civil Rights, State of California
Department of Transportation
1823 10 Street
Sacramento, CA 95811
Tel No. (916) 324-1700
Toll -Free (866) 810-6346
Website: www.dot.ca.eov/ho/beo
Caltrans publishes a directory of certified DBE firms extracted from the on-line database. A copy of the directory of
certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and Distribution
Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520.
Caltrans' certified DBE firms database website: bttn://www.dot.ca.eov/ucn/
Bidder List records are available at the City of Orange, Public Works Department upon request.
Orange County Transportation Authority
Small Business Programs Administrator
550 South Main Street
PO Box 14184
Orange, CA 92863-1584
Contact: Tina Giles -Potter
Tel No. (714) 560-5620
Small Business Administration
200 W. Santa Ana Boulevard, Suite 700
Santa Ana, CA 92701
Tel No. (714) 550-7420
Website:
Pronet-www.spa.gov
FORMAL BID PROPOSAL
FOR
PEDESTRIAN SAFETY IMPROVEMENTS —
PEDESTRIAN COUNT DOWN SIGNALS (PCS), HSIPL-5073(085)
BID NO. 189.32
eBidDocT 6282275
PROJECT: SP-4031
BIDS DUE: 2:00 PM, Thursday, February 13, 2020
PLACE: City Clerk's Office, City of Orange, 300 E. Chapman Avenue
TIME OF COMPLETION: ADD-1Day.Sixty (60) Calendar Days
PLANS & SPECS AVAILABLE AT: Public Works Dept., 300 E. Chapman Avenue
www.OUESTCDN.com; Email: info@questedn.com
COST: $30.00 ($40.00, if mailed)
BID INQUIRIES: (714) 744-5527
CITY OF ORANGE
DEPARTMENT OF PUBLIC WORKS
1. NOTICE INVTT'INGBIDS (Legal Notice) .................................................LN-1 2.
PROPOSAL....................................................... P-1 TO P-16 3.
ATTACHMENT 1: Federal Contract Provisions...................................Exhibit 12-G, 15-0 & 15-H 4.
ATTACHMENT 2: Labor Relations Forms .......................................... LR-1 TO LR-8 5.
ATTACHMENT 3: Project Special Provisions ...................................... SP-1 TO SP-39 6.
ATTACHMENT 4: City Standard Plans 7.
ATTACHMENT 5 Federal Prevailing Wage Rates 8.
APPENDIX A: Performance Bond, Payment Bond and Sample Contract - - - - - -- 9.
APPENDIX B: Plans June
2019 Prep;;;
4Z
34 1 Eduardo
M. Lopez, Senior Civil Engineer Date Approved
By: Fr
k S , Assistant Public Works Director/ Ci
gineer 1,-
3O Copy
No. Date
Checked
by:
LEGAL NOTICE
Sealed bids are being invited under our Bid No. 189-32; Proiect SP-4031: Pedestrian Safety Improvements —
Pedestrian Countdown Signals (PCS) — HSIPL-5073f085) in accordance with bid forms and specifications
available at the office of the City Engineer, 300 East Chapman Avenue, Orange, California, 92866, at a NON-
REFUNDABLE cost of $30.00 $( 35.00 if mailed). Complete digital project bidding documents are available at
www.questcdn.com. You may download the digital documents for $ 25.00 by inputting Quest project # 6282275
on the website's Project Search page. Contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance
in free membership registration, downloading, and working with this digital project information. The publication,
City of Orange Standard Plans and Specifications", latest edition and addendum (a) shall govern the work under this
contract and a copy of the City publication is available at the office of the City Engineer at a NON-REFUNDABLE
charge of $12.00 ($15.00 if mailed).
Sealed paper bids will be received until 2:00 PM, February 13, 2020 (Thursday) in the office of the City Clerk, City
of Orange, 300 E. Chapman Avenue, Orange, California, 92866-1591, or received and accepted via the online
electronic bid service through QcstCDN vbid Online Bidding. Electronic bid submittals shall submit wet signed
bid bond to the City by the bid opening deadline Bids will be publicly opened and read in Conference Room C, by
the Purchasing Officer. All bids will be presented to the City Council on March 10, 2013 (Tuesday).
Contract documents may also be examined in the office of the City Engineer.
The City reserves the right to reject any or all bids, to reject any item in a bid unless an "all or none" basis is specified
or to waive any informality or technicality in the bids received.
This project is federally funded Highway Safety Improvement Program (HSIP) requiring conformance to
Federal Guidelines. All the Federal requirements, the Davis Bacon Act, in particular shall apply for this project.
If Federal and State wage rates are applicable, then the higher of the two will prevail.
The bidder selected by the City for the award of a contract for this Project must be properly licensed in accordance
with the laws of the State of California as a General Engineering Contractor (Class A) or Electrical Contractor
Class CIO) at the time of submitting its bid. The City will reject the bid of a bidder as being non -responsive if the
bidder does not hold the requisite contractor's license at the time of submitting its bid; such a bidder shall be subject
to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the
Contractors' State License Board. In addition, each subcontractor listed by the bidder shall possess, both at the time
of the award of a contract to the bidder and at all times when work is performed, a valid contractor's license for the
appropriate classification necessary to perform the work for which that subcontractor is listed. Failure of the bidder
to deliver evidence to the City prior to the award of a contract for this Project that each and every subcontractor listed
by the bidder is properly licensed for the classification necessary to perform the work for which that subcontractor is
listed, shall constitute a failure to execute the contract and may subject the bidder to all legal penalties imposed by
law, including, but not limited to, forfeiture of the security of the bidder.
In lieu of the City's retaining a portion of progress payments due a Contractor, the Contractor may elect to deposit
qualifying securities equivalent to the amount to be held. Upon such deposit under an escrow agreement, the funds
must'be released. The Public Contract Code specifies the exact form of escrow agreement (Public Contract Code
Section 22300, Subdivision E).
The Contractor shall be registered with Department of Industrial Relations (DIR), State of California per Labor Code
Section 177.Ila) at the time of bid. This project is subject to compliance monitoring and enforcement by DIR.
Bidders are advised that, as required by federal law, the City of Orange is implementing new Disadvantaged
Business Enterprise requirements for Disadvantaged Business Enterprise (DBE). The City has established the
following mandatory participation goal of DBE on this project —DBE Mandatory Goal is 19%
CITY OF ORANGE
PUBLIC WORKS DEPARTMENT
300 E. CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
714) 744-5544
PUBLISHED "ORANGE CITY NEWS":
January 23, 2020
January 30, 2020
ECONOLITE SYSTEMS
Company Name (Bidder)
PROPOSAL
TO THE CITY COUNCIL OF THR CITY OF ORANGE
lit compliance with the notice inviting bids, plans, specifications and other contract documents for the construction of
Bid No. 189-32: Proieet SP-4031: Pedestrian Safe% Improvements— Pedestrian Countdown Sicnals (I'M
HSIPL-507310856 the undersigned has carefully examined: the location of the proposed work, dmractQ, quality and quantity of work to be
performed, conditions to be encountered, materials to be furnished and as to the requirements of the plans, specifications and
other contract documents; agrees that submission of a proposal shall be considered prima facie evidence that the
bidder has made such examination; and proposes to furnish all labor, materials, tools, and equipment necessary to complete
the work in accordance with said plans, specifications and other contract documents at the following unit
or lump sum prices set forth in the schedule. If awarded the contract, the
undersigned agrees to commence the work under the contract within ten (10) days after the date of contract, and
complete said work for SP4031. within Six% 160) calendar dais from the first day of commencement of such work unless
legal extension is granted in accordance with the terms set forth in the specifications. The undersigned agrees that
the
foregoing estimate of quantities of work to be done and materials to be furnished are approximate only, being given as
basis for the comparison of bids. The undersigned agrees that the
City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be fomtd
incorrect, and shall not make any claim for damages or for loss of profits because of a difference between the
quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statement
shall be discovered in the estimated quantities, it shall not invalidate this contract or release the undersigned from the
execution and completion of the whole or part of the work herein spocifred, in accordance with the specifications and
the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from
any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided
for in this contract. The undersigned agrees that the
City shall havethe right to increaseor decrease the quantity of any bid item or portion of the work or to
omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental Items of work not
separately provided in the proposal shall be considered included in the price bid forother various items of work. Accompanying
this proposal is _ Bidders
Bond_ _ (S i NOTICE: Insert the words "Cash". "
Certified Check", or "Bidder's Bond". as the case may be, in an amount equal to at least 10 percent of
the total bid price, payable to the City of Orange to guarantee that the bidder will, if awarded the contract, promptly execute such contract
in accordance with the proposal and in the manner and form required by the contract docmuents, and will furnish
good and sufficient bonds for the faithful performance of the same. The undersigned deposits the above
named security as a proposal guaranty and agrees that it shall be forfeited to the City of Orange as liquidated
damages in case this proposal's withdrawn by the undersigned and the undersigned shall fail to execute a contract
for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of
the City, with surely satisfactory to the City within 15 days after the bidder has received written notice of
the award of the contract; otherwise, said security shall be returned to the undersigned. Bidder hereby declares in writing,
under penalty of perjury that all employees who will be performing labor, maintenance, delivery, installation or repair,
will be those who arc legally entitled to live and work in the United States. Further, the bidder as
employeragrees to provide documentary proof of such eligibility (when requested by the City of any other
amhoriud entity or agency). P-1
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis items of work a unit price and a total for the item, and for each lump sum
Item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of
unit basis items, the amount set forth.under the "Item Total" column shall be the product of the unit price bid and the
estimated quantity forthe item. In case of discrepancy between the unit price and the total set forth for a unit basis item,
the unit prim shall prevail, except as provided in (a) or (b), as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear. or is omitted, or is the same as the
amount as the army in the item total colunta, then the mourn set forth in the item total column for the item shall prevail
and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price:
b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of
tee, one hundred, etc., or one -tenth, or one-Isundredth, cta from the entered total. the discrepancy will be resolved by
using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item
total in the City of Orange Final Estimate oFeoss.
If both the unit price and the item total are unreadable or otherwise unclear, at are omitted, the bid may be deemed
irregular- Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may
be deemed irregular unless the project being bid has only a single item and a clear. readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any
unit prim or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to
the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing
any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar.
Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it
differs from the item total. the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be se comprehensive as to cover every
emission, inconsistency. error or other irregularity which may occur in a bid. Any situation not specifically provided for
will be determined in the discretion of the City of Orange. and that discretion will be exercised in the manner deemed by
the City ofOrenge, to best protect the public interest in the prompt and economical completion ofthe work. The decision
of the City of Orange respecting the amount of a bid, or die existence or treatment of an irregularity in a bid. shall be
final.
p_2
PROPOSALSCHEDULE
PEDESTRIAN SAFETY IMPROVEMENTS —PEDESTRIAN COUNTDOWN SIGNALS (PCS)
Bid No. 189-321 SP-4031)
ITEM UNIT PRICE
NO QUANTITY TO BE WRITTEN IN WORDS
UNIT PRICE TOTAL
1 1 LS Traffic Control
Two thousand, six hundred seventy-five dollars
and fifty -SIX cents
2 (D) 80 Ea Furnish end Install Pedestrian Modulc
in Exisfinu Housin•_
One hundred seventy-two dollars
and ninety-one cents
3 (D) 71 Pa Furnish and Install Pedesu_iaq Module
nn ousJng
Four hundred seventy-five dollars
and eighteen cents
4 186 Ea Furnish and Install ADA cpmnlient
Pedestrian Push Button
One hundred seventy-two dollars
and fifty-one cents
5 3 to Eum-s and Install Batten Backus?
Ssstem and Enclosure
Ten thousand. nine_ hundred +w enru, l r dollars
and forty-four cents
6 1 1S Signine and Striping
Fcny one thousand, one hundred seventy -(our dollars
and - sixty-one cents
TOTAL BID AMOUNT
2675.56 $2675.56
172.91 $13.832.80
476.18 $33.737.78
172.51 $32,086.86
10,924.44
41,174.61
TOTAL BID AMOUNT WRITTEN IN WORDS:
One hundred fifty-six thousand, two hundred eighty dollars and ninety-three cents
LEGEND OF UN iM
LS = lump sum EA- EACH I.F = lineal few (D) = Delereble item or subject to reduction
P-3
32,773.32
41.174.61
156,280.93
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Adlitibnal sheets may be attached if necessary.
I. State the number of consecutive years of experience as a licensed general building contractor holding a Class A
license in the State of Califomia: 10 Years Class C10
2. List at least three (3) pmjecls you have completed as the prime contractor that are similar in the pmject that is the
subject oflhis invitation to bid in terms of construction type and/or method, sire of project with respect to area or
volume, and contract dollar amount. Such experience shall have been acquired within the past seven (7) years
prior to the date of submittal of [his bid:
CONTRACT AMOUNT CLASS OF WORK DATE COMPLETER NAME, ADDRESS and PHONE.
NUMBER OF OWNER
I. $22,236.22 C10 - PCS Improvement 0612019 City of San Juan Capistrano - 949.443.6310
3240 pishano, CA 92675
2.
3.
4. --6127,000.00
S.
GIT-PGSlmp neff-0 Ciry ofPhacantla = 714:999:8Y91— --
401 E. Cbapmen_PlAnentla, CA 92870—
C70 - Pedestrian_ Signal _ _ 05/2013 City oMnnta Ann - 714 713 6602
Impmvement 20 Civic Center Drive, Santa Ana, CA 92701
6.
3. For the projects you have descnbed in l[em NIN.2, above, please give a de5criptiert of the scope of work performed
by you as the prime contractor. -
San Juan Capistrano - Replacement of outdated pedestrian signal system components such as signal
modules, push button assemblies, battery backup systems and all appurtenant work including traffic control
2•
PlacenOa=ReplacemenfbF outdated "pedestrian signal system tompdhenlssSc'nas signal modules,
battery backup -systems, push button assemblies, traffZ-d ntf6)-ffffT i appurtenant work -
4. %,eta An, . Replacement of-outdated.pede-Wan sigraL everom Mmrenentssurh irt,l module,
batteq-bakdsupsystems..pusILbutto assernblies, traffic mntmiand alLappurtenantwork _
5,
6, _ _ __.___ _--_____.--_ _—_____ -
4. If requested by the City of Orange. the Bidder shall furnish a notarized financial statement, financial data, or other
information and references sufficiently comprehensive to permit an appraisal of his current financial conditions.
5. Bidder shall signify receipt of all Addenda here, if any. (NOTE: Any verbal instructions given to bidder inquiries
in the lone of addenda will be acknowledged by the bidders on written addenda available at the place of the bid
opening 30 mimrtes prior to the bid opening.)
ADDENDUM DATE RECEIVED BIDDER'S SIG 11'1'U '
None N/A
Pt
LIST OF SUBCONTRACTS
A. Q The undenigned intends to subcomracta onion ofthis Project to the following subwinna,(Note. Refer to
Scctian 2.3 of the Sund.ml Specifications and Smion 4100 thmugb 4l l3 ofthe Califomia C=t=I Code for
i1B NTR&CTQDIS LOy_R ?PjUl p& L',M.
cF5
w¢or.oeeosu+av srcnse omnw vmrxla ma C_`e wsuueewxel¢xnamuxiom or :.esw®
owes,aa wscasumm .ce o
Superior Pavement Markings I
5312 Cyprcas St
oanve N 776306
IR d 100001476 sbt(6) Furnish Signing and Stripirg
for Pedestrian Safety
S
32.000.00
FpressCA-_ rovemmt
B. QTheundersigrad D_OFSN0T:WrEND towboo awanypodlemofthisoclect.
NOTE: 76e bidd..hall check Box A or
T7p-5
I.heck either box, it will be deemed then he hm checked Box B.
5 gmmm oft
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10215.1 (Chapter 376, Smts. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder bas , has not_I= convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery,
collusion, conspiracy, crany other act in violation ofany state or Federal antitrust law in connection with the bidding
upon, award of, or performance o4 any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of
California or the Trustees of the California State University. The term "bidder" is understood to include any partner,
member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in
Section 10285.1.
Note: The bidder must place a cheek mark after "has" or "has noV in one of the blank spaces
provided. The above Statement is part of the Proposal. Signing this Proposal on the signature
portion thercofshall also constitute signature of this Statement. Bidders are cautioned that making
a false certification may subject the certifrerto criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shell complete, under penalty of perjury, the
following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder,
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project bctuaus: of is violation of law or a safety regulation?
Yes No X
If The answer is yet, explain the circumstances in the following space.
Public Contmet Code 10232 Statement
I conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that
no more than one final unappcalable finding of contempt of court by a federal wort has been issued against the
Contractor within the immediately preceding two year period because of the Contractors failure to comply with an
order of a federal court which orders the Contractor to comply with an order of the National Lahor Relations Board.
Note: The above Statement and Questionnaire are pan of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature ofthis Statement and Questionnaire. Bidders are cautioned that
making a false certificatiun may subject the certifier to criminal prosecution.
P-6
THE BIDDER'S EXECUTION ON THE SIGNATURE POR77ON OF771IS
PROPOSAL SHALL ALSO CONSTITUTE, AN ENDORSEMENT AND
EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS
PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ECONOLITE SYSTEMS , proposed subcontractor
NIA _ hereby certifies that he has _,has not X participated
in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925,
11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office
ofFedcral Contract Compliance, a Federal Government contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under the applicable filling requirement%.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of
Labor (41 CFR 60.1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in
connection with contracts and subcontracts which am subject to the equal opportunity clause. Contracts and
subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally
only contracts or subcontracts of $10.000 or under are exempt.)
Currently, Standard Form 100 (EEO-]) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the FxecWvc Orders and have not filed the requ(rcd reports should note that 41 CFR 60.1.7(b) (1) prevents the award
of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other
period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,
U.S. Department of Labor.
P-7
NON -COLLUSION AFFIDAVIT
Title 23 United Slates Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF ORANGE— DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder
to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidderor anyone else to Perin a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,
or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidderhas not, directly
or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or slim bid.
Note: The above Non -collusion Affidavit is pan of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Non -collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
P-S
DEBARMENT AND SUSPENSION CERTIFICATION
TITI.E 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person mociated therewith in the
capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or detcrmined ineligible by any federal agency within the past
3 years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competentjurisdiction in any
matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space;
No Exceptions
Exceptions will not necessarily mull in denial of award, but will be considered in determining bidder responsibility. For any
exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false infomtation may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute
signature of this Certification.
P-9
NONLOBBVING CERTIFICATION FOR FEDERAL -AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,
that:
1) No Federal appropriated funds have been paid or will be paid, by oron behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Pederal 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
airy Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
2) 1f 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 agn:emcnt the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its
instructions.
This ertification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31. U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language orthis
certification be included in all lower der subcontracts, which exceed $100,000 and that all such submicipients shall certify, and disclose
accordingly.
P-10
NIA
Exhibit 10-Q Disclosure of Lobbying Activities
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 US.C. 1352
1. 'Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a contract it. bid/oRbdapplicadon a initial
b. grant b. initial a%%ard Is. material change
C. eooperetive agreement e, post -award
d. loan For Material Change Only:
c. tom guarantee year_ quarter
E loan i==" date of last report
4. Name and Address of Reporting Entity S. If Reporting Entilyin No.4is Subawarder.
Enter Name and Address of Prime:
Prime Subawardee
Tier_, ifknown
Congressional District if known Congressional District if known
6. Federal DepartmentlAgency: 7. Federal Program Name/Description:
CFDA Number, If applicable
S. Federal Action Number. if known: 9. Award Amount, If known:
10. Name and Address orLobby Entity 11. Individuals Performing Services
If individual, lest name, first name, MI) ncluding address if different from No.10)
last name, first name, MI)
attach Combustionion Shwgs) Ifneccss Try)
12. Amount of Payment (cheek all than apply) 14. Type of Payment (check all that apply)
actual planned s. retainer
Is. one-time fee
13.
Far
of Payment (check all that apply): c. commission
a cash d. contingent fee
b. in -kind: specify: nature a deferred
Value E other. specify
15. BriefDescriptiuo of Services Performed or to be perforated and Date(s) of Service, including
oliicer(s), employte(s), or member(s) contacted, for Payment Indicated In lam 12:
crunch Continuation Sheets) ifnecessary)
16. Continuation Sheet(s) attached: ves No
17. information requested through this rum is authorized by Tide
31U.S.C. Section 1352. Ibis duc)ow: of lobbying reliance Signature: NIA
was placed by the liar above when his transaction was made or
comed into. This disclasure is required p...I to 31 U.S.0 Print Nana:
1352. This information will be reported In Congress
semiannually and will he etwolablc for public inspection. Any Title: pemen who fails In file the required disclosure%hall he subject
we civil pemlty ofnm less dean S10.000 and tar mane than
S100.000(branch such failure. Telephone No.. Date:
Federal Use Only:
Dktributim: Odg- Local Agency Prrico File,
P-11
NIA
Aulhorized for Local Reproduction
Standard Form - LLL
Instructions for Completing Exhibit 10-Q Disclosure of Lobbying Activities
this disclosure form shall be completed by the reporting entity, whether subawardee or prime i'ederal recipient at the initiation or
receipt of covered federal action or material change to previous filing pursuam to title 31 11.g.C. Section 1352. The filing of a form
is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress an officer or employee of Congress or all employee of a Member of Congress in
connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is
inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Idenli5 the type arcoxrored federal action tot which lobbying activity. is ur Itas been:ccuted to influence. the outcome of a epvtrd federal
action.
2. Idcnti5 the status of the covered federal action.
J, Identify the appropriate classification or'this report, IfIhis is a follow-up report caused b) a material chwige to the information previously
reported, enter the year and quarter in which the change occuned. Enter the date of the last. previously submitted report by this reporting
entity for this covered federal action.
4. Enter the full town, address. city. stale- and zip code of the reporting entity. Include Congressional District if knartm. Check the
appropriate classification ofthe reporting entity dial designates iris is or ccpects to be uprime or submxurd incipient. Idenify the tier of
the subawardec. e.g., the lirst snbawardee ofthe prime, is the first tier. Suba ards include but ere not limited to: subcontracts. subgrana
and comrew awards undergrants.
5. If the organization riling the report in Item 4 checks "Subawardee" then enter the fall name, address. city, state. and zip code of the prime
federal recipient. Include Congressional District. if known.
6. Enter the name of the federal agency making die award or low conimlmttm. Include at last one urguni.ation keel below agency name, if
known. Furesemplc. Department ofTmnsponedon. United States Coast(luand.
7. Enter the federal program ounce or description for the covered federal action (item II. Ifknown.entertlte full CatalogofFol lDomestic
Assistant: ICFDA) uwnler for grants. voperaive utgruumcmlc looses and loon connnitmanL.
S. Enter the most appropriate federal identifying numberavailable Ihr den federal action identification in item I (e.g.. Request for Proposal
IRFP) number. Invitation for Did 1117111 number. grant announcement number. the contract grant. or loan uourd numbar. the
applicatimcpnp+sal euntml number assigned by the IMerul agwicy). Include prafvas. g_ -RI•T-DE-90-001."
9. For a covered federal ac-tiun ..here there hat been an anurd ar loan ttnnntiumem by the Ft, oral agency. enter the federal amount orbit
awantlloon commitments for the prime entity identified in item 4 or 5.
10. Filer the full name. address% city. stale. and zip code ofthe lobbying entity engaged by the reporting utility identified in live 4lo inlluence
the covered federal action.
It. hoer the fall nanrcs ofthc indiciduat(sl parforrrling services and include lull address ii'diltitent from 10 (a). linter Lam Nome. First Name
and het fiddle Initial Wh.
12. 1 our rho amount of compensation paid or rcaamnbl) expected to Ire paid by the retorting emit) Iltan 4) to ilia lobbying unlit; (Item In).
holicalu whether the payment has been made Iuetoal) or Brill be made (plannedi. Owed, WI Mies drat appd). 1I'this is a material change
report. enter the cumulative amount or payment made or planned to M made.
13. Check all hoves IhW uppl). Irv:%, men( is mode through an in -kind contribution. speciij the nature and value ol'the in -kind payment. ant.
Id. Cheek all boves this apply. Iluthcr. s)w •till nacre.
I5. Pnnide a specific and detailed description ofthe sen•iecs thin the lobbyim he, performed or will be evpected to perform end the dae(sn ui
an) .drvicds tendered. Iad,,Je all pmparawp and sclacd aCIMI, am just lime tpein in actual vmaer with federal O ieials. 1JcntiQ the
Ii i,ml oflicansl or cinploycelo tentacled or the o1Ycer(s) eniplo)ca%l ter bicmbenst Of Congress rho trcra continued.
16. (Luck sshetlieror not a vntinraiinn shcet(si is attxled.
17, 1"lid dertiQ ing official sloll sign and date the Iarr told print his7ier nanic title and telephone number
Public reporting burden fir this collection orinihinnaion is estimated to arnrage 30.minmes per response. including time the rat imying in.Armliin.
scorching eciiiine Jaw .r+nrcl gathering and maintaining the data needed. unit completing and re%ievdns the cull elimr ofinfannaiun. Send
comments regarding the burden estimate uran) other aspect ofthis collection of intommtioo. including suggestions formulating this burden. to the
ORicc orklauagenuent and Budget. Papensork Reduction Pmjeci (03484)(1461. Washington. DX 20503. Sr-1.1,E-1msuclion.s Rey. Ob-04
P-12
Buy America Certification
Title 49 U.S.C. Section 50101)
PROJECT NAME: Pedestrian Safety Improvements —Pedestrian Count Down Signals
PCs)
AGENCY NAME; City of Orange
FEDERAL NUMBER: HSIPL-6073 (085)
This solicitation and any resulting contract are subject to the Buy America requirements of49 U.S.C. Section 50101 The
bidder certifies it and all associated subcontractors will comply with the Buy American preferences established under Thule
49 U.S.C. Section 50101 as follows:
U.S.C. Section 60101 - Buying goods produced in the United States
a) Preference. -The Secretary or Transportation may obligate an amount that may be appropriated to may out section 1D8(k),
44602(e)(2), or 44509, subchapter I of chapter 471(except section47127), or ciepter481 (except sedions 48102(e), 48106,
481(Y7. and 48110) ofthls Its fora project onydsteel and manufactured goods used In the project are produced In the United
States.
b) Waiver. - The Secretary may waive subsediun (a) of tde section if the Secretary finds that-
1) Applying subsection (a) would be Inconsistent with the public Interest;
2) The steel aril goods produced In the United States are not produced In a sufficient and reasonably available amount or
ere not of a sa8sledoryquelity;
3) when procuring a facility orequlpment under section "501 or 44509, subchapter I of chapter471 (except section
47127),orchaptw481(weeptsectlom481(k2(e),48106,48107, and48110)ofNlstille-
A The cast o1 omnporents and subcomponents produced In the United Steles Is more than 60 percent of the cost of
all components of the facOily or equipmerh and
B. Final assembly of the facility or equipment has ocomed In the United States: m
4) Inducting domestic material will Increase the cost of the overall project by mme than 25 percent.
c) Labor Costs. -In We section, labor costs involved In final assembly am not Induced In moulating the cost of components.
Please note that approval of walvers listed under (b) (1) s (2) above, can only be approved by the FAA Office of Airports
in Washington DC and approval is rare. Waivers rated under (b) (3) 8 (4) may be approved by FAA Regional or District
Offices. A listing of Equipment and Products that have been approved and on the national waiver list may be located at
As a matter of bid responsiveness, the bidder or offeror mustcomplete and submit this certification with their bid proposal.
The bidder must sign and date the codification. The bldder/offeror must indicate how they propose to comply with the
Buy America provision by selecting one of the following certification statements.
The bidder hereby certifies that It will comply with Title 49 U.S.0 Section 50101(a) by only
Installing steel and manufactured products produced In the United States of America. The
bidder further egress that If chosen as the apparent low bid, it will submit documentation
to the owner that demonstrate all steel and manufactured products are 100%manufactured
In the United States.
The bidder hereby certifies that it cannot fully comply with the Buy America preferences of
Title 49 U.S.0 Section 60101(a); the bidder therefore requests a waiver per Title 49 U.S.0
Section 60101(b). The bidder further agrees that upon notli icatlon from the Owner, the
bidder Identified with the apparent low bid agrees to prepare and submit a waiver request
and component calculation information to the owner within calendar days of the
date of the notice of apparent low bid.
ECONOLiTE SYSTEMS 02/13/20
Sidder5 Fhm Name Date
v/'
P-13
CITY OF ORANGE
BIDDERSLIST All
bidders/proposers are required to provide the following information for all DBE and "n-DBE conimclols, who provided
a proposal, bid, quote, or were contacted by the proposed prime. This information is also required from the proposed
prime contractor, and must be submitted with their bid/proposal. The City of,dranse will use this information
to mainajo cod u date 9 Bj1_tlers Ljst ctassisrtj,0 Theo era annual oa DBf.6 9I }cuing p(gcess. Finn
Name: ECONOLITE SYSTEMS Phone: 714.630.3700 Address-
1250
N. Tustin Ave Fax,
714.630.1656 Anaheim,
CA 92807 Contact
Person: Dorian Pappas No. of Years in Business: 10 Is
the furor currently certified as DBE under the new regulations (49 CFR Part 26)? YES VD
Type
of work/services/materials provided by Brm:, ECONOLITE
SYSTEMS is a leading provider of traffic management systems and maintenance services,
including but not limited to all types of pedestrian equipment, safety systems, sensor products,
and related appurtenant equipment and systems What
was your firm's Gross Annual receipts for last year? Less
than V Million Ls
than S5 Million Less
than SI0 Million Less
than SI5 Million R_
More than $15 Million This
form can be dupllcatei If necessarytorepon all bidJers (DBEs and non -DBEs) information. City
of Orange Disadvantaged Business Enterprise Program P-
14
The undersigned bidder hereby represents as follows:
That no Councilman, otTcer, agunt, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or
the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair,
and without collusion or fraud.
By my signature on this proposal I certify, under penalty ofpeduryunder the laws ofthe State ofCalifnmia, that the foregoing questionnaire
and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are we and correct and that the bidder has complied with the
requirements of Section 5103 of the Fair Employment and Housing Commission Regulations (Chapters, Title of the California
Administrative Code). By my signature on this proposal 1 further certify, under penalty of perjury under the laws of the State of Califomin
and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract
Code Section 7106; and the Title 49 Code of Federal Regulations, Pan 29 Debarment and Suspension Certification are true and correct.
Date: 2/13/20
Brian Akerley
Print Name
c
Associate Vice President
Signature and Title of Bidder
If an individual, so state. If a fine or co -partnership, state the firm name and give the names of all individual co-partners composing the
firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).
NAME OF BIDDER ECONOLITE SYSTEMS Mike Doyle Chairman and CEO
Abbas Mohaddas President and COO
BUSINESS P.O. BOX NIA John Tracey Chief Financial Officer
NIA
Alice Cook Secretary and General Counsel
CITY, STATE, ZIP Rodney Mathis Vice President
BUSINESS STREET ADDRESS 1250 N Tustin Ave
Please include even if P.O. Box is used)
CITY, STATE, ZIP Anaheim, CA. 92807
PLACE OF BUSINESS (Include City & State) City of Anaheim, County of Orange, State of California
PLACE OF RESIDENCE (Include City &State) City of Anaheim,County_of Orange,State of California
Telephone No.( )114_63D370O Fax No.( ) 714.630.1656
Licensed in accordance with an Act providing for the registration or Conlraclors.
LICENSENUMBER #969067
LICENSE CLASS _C10 _
DUNSNUMBER #832810308
DIR RF,GISTRATION NUMBER #1000052909
P-15
CALIFORNIA PUBLIC WORKS
PROPOSAL OR BID BOND
RNOxx'ALL MEV 9Y THESGPRESFAM,
ghat wa_:gonolitesystems,lne___ (BIDDER) ns Pfldcipal. and
F3.dA and_Dgy95it Company ofMarylend_ ___, __ ___ _ _,__(SURETl78 Coyrowlon pEenved and esist(ng
urNeetle:lmtxofthe Stamof Illinois _ersA euOtmiudto tvnmmbusiness In the Sate ofCalifamin,as StaGy,am heldand frmly bound
unto the CITY OF ORANGE, hercinaQar ealkd the Obllgde. in the perm! awn of Ten PeoeentofAtv_onot Bid
Dollats(E 10%ofArmmat Bid I I' or the payment
treaunu. try end Jmlym be matleand we wchofut bind ourselxs,owheltF esxu!ars, etlmmi4ltelors, sveee mm and nssigrrs,do(nJy and xvamlty,BmJy'Dy dseuprrcults.
WHEREAS. the sold prmcli d is hansilh submiltink ar0009ey (bid) R,
m
be
null and w!d,.olhersnsu.th'oprineapol and the suety will poV untothaobligm thediRenamo to monrybelneithcameuhl ofthe bid oAln. mir
for"ich the obligati may Itselly cwmmen - ilM1 another perry to perform the wink Prehic Door amount be in exo s of the famieri in rq evrntihaRt
e..ceed the peal >vm hereof
SIGADANDSEALEDIhb_9th __ _day ot_Febmary_,20ZQ_
Econolite Systems, Inc._ Fidelity end Deposit Company of Maryland
jam/}/pCCINT Mot/.—"___.._ /{_
y ._y
BY: _ V r'"""i sir i 7-/ _ _.—. _ By. /_At &---w
y
f E ECRETARY/TREARVREN Martha GonzaleF ATf O'NhY1N FALT
BY:
YRRSIOIINT/VICES p'RLSIDE f
STATEUFCALIFORNIA pn thia_do, of _ , In vm,nn 20_hein, mq
COtiHTI'OF_ ____ Nomry Publiu in and farthr said Smte, patsonolly appearM _ _ _ __
pmomllyknmvn to me (o min a to my on they inei leCe) M be the pumit(s) vfio executed Lb.
yvithin tmsmma t on beharorum, _ dterwn named. and ectnoWedgedmethat
me. s¢h _- ,tx noted the sa WITNESS
my hard and ofriael seal. STATE
OF CALIFORNIA On Nu__daydf _ _ An COLMMIOF
Nolpr,Pub`.[a in NnJ for these;] Stu,, femsnJly appheed See
attached Cillfemla Notary Ack atv(ecigment' V¢
rwiwlly knmmto me w pmved fo mewme basis ofiffiislacmry evidiuucejlb he IM parson(sy who... j the-
bbin inslmMeni on weara the _ derefntamed and a6cmModgedmethersuch _
cvttutm the.. WITNESS
my hand and o17iciW sal. P-
I6
CALIFORNIA ACKNOWLEDGMENT CIVIL ..
iri ,v.•. : FY•vb:v:z:x1+..:<:at::x m. rix s .:gFi:viaiYa:.Gcsi.:v, a;dst P. kEaiGslc' i r x!s:sisl':i
A notary public orother officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of D
On- C)-- 0 before me, IS50- Son
Dote
y
Here Insert Name and Title of the Officer
personally appeared f` b as jG C: aPrt d- A-)f ce e0ov—
Nomels) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
MFUSSP WILSON paragraph is true and correct. 4' Notary Public-CafilornW
aenseCounry WITNESS m hand and official seal. yCommissiona11111164
My comm, ErtplresJan 13, 1D11
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached DocumentTitleorTypeofDocumentCaj4111-nia- tPubl IC (.w•-14S N-a,0 osd l Av 6ol'Ld
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
D Corporate Officer - Tltle(s):
D Partner- D Limited General
Individual D Attorney in Fad
Trustee Guardian or Conservator
r1 Other.
Signer is Representing:
Signer's Name:
Corporate Officer - Tltle(s):
D Partner- D Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
in Other.
Signer is Representing:
Ma'c:..++p: •. .ix:7..4777e.e .: z ;a - _w_ :s.ai"Ya..: c.s.[x:a:. _+ s.... t - a:xv:aia:rv. +: r.•I
02018
CALIF.ORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §11$9
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On FEB 0 4 2020 before me, R. Rangel, Notary Public personally
appeared Martha Gonzales who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the
within instrument and acknowledged to me that he/she/tgey executed the same
in his/her/their authorized capacity(aes), and that by#is/her/their-signatures) on
the instrument the person(&), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
seal) Signature
R. Rang I, N ry Public
R. RANGCL
NotaryCOMM. 422494 D5Cailfornle
Angelz
p
i s n Los
Angeles County 1r"'
My Comm. Exuires Auy.7, 2022
EXTRACT FROM BY-LAWS OF THE COMPANIES
Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint atmmeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertaldngs, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority manytime."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify, that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vim President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company my be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: 'That the facsimile of mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified capy of any power of adomey issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY Wg F, P,¢ereunto subscribed my name and affixed the corporate seals of the said Companies,
this dayof r L11 .
BBALB
tO'
Brian M. Hodges, Vim President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.remrrtsf:Iaims(@zurichna.com
800-626-4577
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Law: of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full form and effect on the date hereaC do hereby nominate, constitute,
and appoint Karl DAVIS, Brenda WONG, Martha GONZALES, Tenor V. CUNNINGHAM and Joaquin PEREZ, all of Los Angeles,
California, EACH, its hue and lawful agent and Attorney -in -Foci, to make, execute, seal and deliver, for, and on its behalf as surety, and as
its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,
shall be as binding upon said Companies, an fully and amply, to all intents and purposes, as if they had been duly ==led and acknowledged
by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at in office in Owings Mills, Maryland., in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section S. of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of April, A.D. 2019.
401.0
86AI
m
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Robert D. Mrrrray
Vice President
By: Dawn E.
Secretory
State of Maryland
County of Baltimore
On this 24th day of April, A.D. 2019. before the subsenbea a Notary Public of the State of Maryland. duty commissioned and qualified, Robert D.
Marray, Vice President and Dawn E. Bmwo, Secretary of the Companies, to me personally known on be the individuals and officers described in and wfio
executed the preceding instrument and acknowledged the execution of same, and being by me duly swam, deposeth and saim, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly offered and subscribed to the said instrument by the authority and direction ofthe said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
tlt,t.l. pltryiryt . wr CL Q,r+J4VFl. pviY3i`p/s r19 •id
a Constance A. Dusm, Notary Publicn,i:t i
yryrd) My Commission Expires: July 9, 20I911nis•`
ATTACHMENT NO. 1
FEDERAL CONTRACT PROVISIONS
Behind this sheet]
Local Assistance Procedures Manual (LAPM) Forms:
Exhibit 12-G
Exhibit 15-G
Exhibit 15-H
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
Under 49 CFR 26.13(b):
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
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.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).
To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a goal for DBEs.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith
efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified
by the California Unified Certification Program, go to: http://N w v.dot.ca.!Zov/hq/beo/find certitied.hfin.
All DBE participation will count toward the California Department of Transportation's federally mandated statewide
overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of materials or
supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55
defines "manufacturer" and "regular dealer."
You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful
function as defined in 49 CFR 26.55(d)(1) through (4) and (6).
a. DBE Commitment Submittal
Submit the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid book. If the form is not
submitted with the bid, remove the form from the Bid book before submitting your bid.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low
bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received
by the Agency no later than 4:00 p.m. on the 5th calendar day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests
you to submit a DBE Commitment form, submit the completed form within 5 calendar days of the request.
Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the
DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the
contract.
If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive
b. Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H, form
with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed
towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with
the bid, it must be received by the Agency no later than 4:00 p.m. on the 5th calendar day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE
Commitment form, you must also submit good faith efforts documentation within the specified time to protect your
eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met.
Page 2 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
Good faith efforts documentation must include the following information and supporting documents, as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might
otherwise perform with your own forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed, show the dollar value
and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to
meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the
items of work offered. Describe the methods used for following up initial solicitations to determine
with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting
documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing
statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all
reasonable and available means and provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include name,
address, and telephone number of each DBE that provided a quote and their price quote. If the firm
selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the project. Attach
copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in contacting,
recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of
supporting documents. t
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications, and requirements of the contract to assist them in responding to a solicitation. If you
have provided information, identify the name of the DBE assisted, the nature of the information
provided, and date of contact. Provide copies of supporting documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance,
necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE
subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is
provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date
assistance was provided. Provide copies of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder
made good faith efforts to meet the DBE goal.
c. Exhibit 15-G -Construction Contract DBE Commitment
Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless
of whether DBE participation is reported.
Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote
serves as written confirmation. If a DBE is participating as ajoint venture partner, the Agency encourages you to submit
a copy of the joint venture agreement.)
d. Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) and Exhibit
15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each I" tier subcontractor
Page 3 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-C
Required Federal -Aid Contract Language
Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking
company, regardless of tier
Date of payment and total amount paid to each business
If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the
work.
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a
business becomes a certified DBE before completing its work, the business must notify you in writing of the certification
date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE)
Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days of contract acceptance.
Upon work completion, complete Exhibit 17-F Final Report— Utilization of Disadvantaged Business Enterprises (DBE),
First -Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the
form is submitted. The Agency releases the withhold upon submission of the completed form.
e. Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment
form, included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain
materials from other sources without authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the
project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet
your bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors
License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
S. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the
Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE
with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or
sources of materials should not occur. Your request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from you to the DBE regarding the request.
3. Notices from the DBEs to you regarding the request.
If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute for the
original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the
contract to the extent needed to meet the DBE goal.
Page 4 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
The substitute DBE must be certified as a DBE at the time of request for substitution Unless the Agency authorizes (1) a
request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the
Agency does not pay for work listed on the Exhibit 15-G Construction Contract DBE Commitment form unless it is
performed or supplied by the listed DBE or an authorized substitute.
2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll -free hotline to report bid rigging
activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is
800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.. The hotline is part
of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the
direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and
responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public
Contract Code § 10164).
6. CHANGED CONDITIONS
a. DiiferingSite Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site
differing materially from those indicated in the contract or if unknown physical conditions of an unusual
nature, differing materially from those ordinarily encountered and generally recognized as inherent in the
work provided for in the contract, are encountered at the site, the party discovering such conditions shall
promptly notify the other party in writing of the specific differing conditions before the site is disturbed and
before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the
conditions materially differ and cause an increase or decrease in the cost or time required for the
performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and
the contract modified in writing accordingly. The engineer will notify the contractor of the determination
whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has
provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This
provision may be omitted by the Local Agency, at their option.)
b. Suspensions ofWork Ordered by the Engineer I.
If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an
unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry)
and the contractor believes that additional compensation and/or contract time is due as a result of such
suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within
7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support
for such adjustment. 2.
Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time
required for the performance of the contract has increased as a result of such suspension and the suspension
was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or
subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment excluding
profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer'
s determination whether or not an adjustment of the contract is warranted. 3.
No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within
the time prescribed. Page
5 of 23 January
2018
Local Assistance Procedures Manual Exhibit 12-G
Federal -Aid Contract Lanauaee
No contract adjustment will be allowed under this clause to the extent that performance would have been
suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any
other term or condition of this contract.
c. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities
and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in
quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to
perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract,
whether such alterations or changes are in themselves significant changes to the character of the work or by
affecting other work cause such other work to become significantly different in character, an adjustment,
excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon
prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made
either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be
performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term "significant change" shall be construed to apply only to the following circumstances:
When the character of the work as altered differs materially in kind or nature from that involved or
included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent
or decreased below 75 percent of the original contract quantity. Any allowance for an increase in
quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or
in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of TEN (10) WORKING DAYS beginning
on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Orange the sum of $ 500 per day, for each and every calendar days' delay in
finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and
certified mill test reports. Mill test reports must indicate where the steel and iron were melted and
manufactured. Steel and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore maybe used in the domestic
production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or
2,500, materials produced outside the U.S. may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form
or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical
composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the
value of steel and iron materials.
9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.
Page 6 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
You may examine the records and reports of tests the Agency performs if they are available at the job site.
Schedule work to allow time for QAP.
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of
portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these
acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor
within 30 days after receiving payment for work satisfactorily completed and accepted including incremental
acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or
postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval.
Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions
and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor,
deficient subcontract performance, or noncompliance by a subcontractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONTRACTS
Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS)
The following 10 pages must be physically inserted into the contract without modification.]
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 — Revised May 1, 2012
Page 7 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
1. General
IL Nondiscrimination
III. No segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VIL Safely: Accident Prevention
All. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X Compliance with Government wide Suspension and Debarment
Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A Employment and Materials Preference for Appalachian Development
Highway System or Appalachian Local Access Road Contracts
included in Appalachian contracts only)
1. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding purchase
orders, rental agreements and other agreements for supplies or
services).
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible
for compliance by any subcontractor, lower -tier subcontractor or service
provider.
Form FHWA-1273 must be included in all Federal-afd design -build
contracts, in all subcontracts and in lower tier subcontracts (excluding
subcontracts for design services, purchase orders, rental agreements
and other agreements for supplies or services). The design -builder shall
be responsible for compliance by any subcontractor, lower -tier
subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal
or request for proposal documents, however, the Form FHWA-1273
must be physically incorporated (not referenced) in all contracts,
subcontracts and lower -tier subcontracts (excluding purchase orders,
rental agreements and other agreements for supplies or services related
to a construction contract).
2. Subject to the applicability criteria noted in the following sections,
these contract provisions shall apply to all work performed on the
contract by the contractors own organization and with the assistance
of workers under the contractor's immediate superintendence and to
all work performed on the contract by piecework, station work, or by
subcontract.
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the
contract, suspension! debarment or any other action determined to
be appropriate by the contracting agency and FHWA.
4. Selection of Labor. During the performance of this contract, the
contractor shall not use convict labor for any purpose within the limits
of a construction project on a Federal -aid highway unless it is labor
performed by convicts who are on parole, supervised release, or
probation. The term Federal -aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
The provisions of this secfion related to 23 CFR Part 230 are applicable
to all Federal -aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230
are not applicable to material supply, engineering, or architectural
service contracts.
In addition, the contractor and all subcontractors must comply with the
following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), Title A of the Civil flights Act of 1964, as
amended, and related regulations including 49 CFR Parts 21, 26 and
27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and,
for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the policies of
the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.
The contracting agency and the FHWA have the authority and the
responsibility to ensure compliance with Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of
the Civil Rights Act of 1964, as amended, and related regulations
including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and
633.
The following provision is adopted from 23 CFR 230, Appendix A with
appropriate revisions to conform to the U.S. Department of Labor (US
DOL) and FH WA requirements.
1. Equal Employment Opportunity: Equal employment opportunity
EEO) requirements not to discriminate and to take affirmative action to
assure equal opportunity as set forth under laws, executive orders,
rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41
CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as
modified by the provisions prescribed herein, and imposed pursuant to
23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract. The
provisions of the Amencans with Disabilities Act of 1990 (42 U.S.C.
12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to
provide equal opportunity with respect to all of its tens and
conditions of employment and in their review of activities under the
contract.
b. The contractor will accept as its operating policy the following
statement:
it is the policy of this Company to assure that applicants are employed,
and that employees are treated during employment, without regard to
their race, religion, sex color, national origin, age or disability. Such
action shall include: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including
apprenticeship, pre -apprenticeship, and/or on-the-job training."
FHIWA-1273 — Revised May 1, 2012
Page 8 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
2. EEO Officer: The contractor will designate and make known to
the contracting officers and EEO Officer who WII have the
responsibility for and must be capable of effectively administering
and promoting and active EEO program and who must be assigned
adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise. promote, and discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of,
and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its Implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will
be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy Will be brought to the attention of employees by
means of meetings, employee handbooks, or other appropriate
means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publica8ons 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 identity 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 contractors 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
minonties and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed With employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to
insure that working conditions and employee facilities do not
Indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid
within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel actions
in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with its
obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall Include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing
the skills of minorities and women who are applicants for
employment or current employees. Such efforts should be aimed
at developing full journey level status employees in the type of
trade or job classification involved.
b. Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract
performance. In the event a special provision for training is
provided under this contract, this subparagraph will be
superseded as indicated in the special provision. The contracting
agency may reserve training positions for persons who receive
welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion
potential of employees who are minorities and women and will
encourage eligible employees to apply for such training and
promotion.
Page 9 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
7. Unions: If the contractor relies in whole or in part upon unions as
a source of employees, the contractor will use good faith efforts to
obtain the cooperation of such unions to increase opportunities for
minorities and women. Actions by the contractor, either directly or
through a contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union
will be contractually bound to refer applicants without regard to
their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so cedify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor with a
reasonable Flow of referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified and/or
qualifiable minorities and women. The failure of a union to
provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants/Employees
with Disabilities: The contractor must be familiar with the
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established there under.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The contractor
shall take all necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor
compliance with their EEO obligations.
FHWA-1273 — Revised May 1, 2012
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT's U.S.
DOT -approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration
of DOT -assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy
as the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the following:
1) The number and work hours of minority and non -minority group
members and women employed in each work classification on
the project;
2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women; and
3) The progress and efforts being made in locating, hiring, training,
qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report
to the contracting agency each July for the duration of the
project, indicating the number of minority, women, and non -
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staling data should
represent the project work force on board in all or any part of the
last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor will
be required to collect and report training data. The employment
data should reflect the work force on board during all or any part
of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts
and to all related construction subcontracts of $10.000 or more.
The contractor must ensure that facilities provided for employees
are provided in such a manner that segregation on the basis of
race, color, religion, sex, or national origin cannot result. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom. The
contractors obligation extends further to ensure that its employees
are not assigned to perform their services at any location, under the
contractors 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.
Page 10 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects
exceeding $2,000 and to all related subcontracts and lower -tier
subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal -aid highway. This excludes
roadways functionally classified as local roads or rural minor
collectors. Which are exempt. Contracting agencies may elect to
apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 "Contract provisions and related matters'
with minor revisions to conform to the FHWA-1273 format and
FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the site
of the work, will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents lhereol) due at time of payment
computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis -Bacon Act on
behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph 1.d.
of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That
the employers payroll records accurately set forth the time spent in
each classification in which work is performed. The wage
determination (including any additional classification and wage
rates conformed under paragraph 1.1c. of this section) and the
Davis -Bacon poster (WH-1321) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the
workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following
criteria have been met:
FHWA-1273 — Revised May 1, 2012
i) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
ii) The classification is utilized in the area by the construction
industry; and
III) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in
the wage determination.
2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator
of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
3) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Wage and
Hour Administrator for determination. The Wage and Hour
Administrator, or an authorized representative, will Issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
4) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this
section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
Is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
d. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of
the Davis -Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
2. Withholding
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor under this
contract, or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by
the contract, the contracting agency may, after written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the
name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid
including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers
and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
Identifying number for each employee ( e.g. , the last four digits of
the employee's social security number). The required weekly payroll
information may be submitted in any forth desired. Optional Forth
WH-347 is available for this purpose from the Wage and Hour
Division Web site at
http://www.dol.govlesa/Whd/fonstwh347instr.htm or its successor
site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
FHWA-1273 — Revised May 1, 2012
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the
State DOT, the FHWA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the
contracting agency.
2) Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or his
or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the
following:
i) That the payroll for the payroll period contains the information
required to be provided under §5.5 (a)(3)(ii) of Regulations, 29
CFR part 5, the appropriate information is being maintained
under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such
information is correct and complete;
ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set
forth in Regulations, 29 CFR part 3;
III) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
3) The weekly submission of a property executed certification set
forth on the reverse side of Optional Form WH-347 shall
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 3.1b.(2) of this section.
4) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under section 1001 of title 18 and section 231 of tide 31 of the
United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the Stale DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
Page 12 of 23
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer
and Labor Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted
to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for
the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its
program Is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractors registered program shall be
observed.
Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by
the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed unfil
an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and
Training Administration.
FHWA-1273 — Revised May 1, 2012
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment
and Training Administration.
Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed.
In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the
terms of the paNcular program.
S. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall Insert
Forth FHWA-1273 in any subcontracts and also require the
subcontractors to include Forth FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
6. Compliance with Davis -Bacon and Related Act requirements.
All rulings and interpretations of the Davis -Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or fmx who has an interest in the
contractor's fin is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S.
Criminal Code, 16 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal -aid construction contract
in an amount in excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be insetted in addition to the clauses required
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in
such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in paragraph (1.) of
this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (n
the case of work done under contract for the District of Columbia or
a territory, to such District or to such tem ory), for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph
FHWA-1273 — Revised May 1, 2012
3. Withholding for unpaid wages and liquidated damages. The
FHWA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to sa0sfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth In paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph (1.) through (4.)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs
1.) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts
on the National Highway System.
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated
by the contracting agency. Specialty items may be performed
by subcontract and the amount of any such specialty items
performed may be deducted from the total original contract price
before computing the amount of work required to be performed
by the contractor's own organization (23 CFR 635.116).
a. The tens 'perform work with its own organization" refers to
workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
1) the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
2) the prime contractor remains responsible for the quality of the
work of the leased employees;
3) the prime contractor retains all power to accept or exclude
individual employees from work on the project; and
4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal
regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment
not ordinarily available in the type of contracting organizations
qualified and expected to bid or propose on the contract as a
whole and In general are to be limited to minor components of
the overall contract.
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Local Assistance Procedures Manual Exhibit 12-C
Required Federal -Aid Contract Language
1.) of this section, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1.)
of this section.
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be purchased
or produced by the contractor under the contract provisions.
3. The contractor shall fumish (a) a competent superintendent or
supervisor who is employed by the firth, 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 waiting and that it contains all
pertinent provisions and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is not
applicable to design -build contracts; however, contracting
agencies may establish their own self -performance requirements
VIL 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 goveming
safety, health, and sanitation (23 CFR 635). The contractor shall
provide all safeguards, safety devices and protective equipment
and take any other needed actions as it determines, or as the
contracting officer may determine, to be reasonably necessary
to protect the life and health of employees on the job and the
safety of the public and to protect property in connection with the
performance of the work covered by the contract.
It is a condition of this contract, and shall be made a condition of
each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as
determined under construction safety and health standards (29
CFR 1926) promulgated by the Secretary of Labor, in
accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the
FHWA-1273 — Revised May 1, 2012
In order to assure high quality and durable construction In
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and honestly
as possible. Willful falsification, distortion, or misrepresentation with
respect to any facts related to the project is a violation of Federal
law. To prevent any misunderstanding regarding the seriousness of
these and similar acts, Forth FFWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more places
where it is readily available to all persons concerned with the
project:
18 U.S.C. 1020 reads as follows:
Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal -aid Roads
Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years
or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract,
or subcontract, as appropriate, the bidder, proposer, Federal -aid
construction contractor, or subcontractor, as appropriate, Will be
deemed to have stipulated as follom,
1. That any person who is or will be utilized in the performance of
this contract is not prohibited from receiving an award due to a
violation of Section 508 of the Clean Water Act or Section 306 of
the Clean Air Act.
2. That the contractor agrees to include or cause to be included the
requirements of paragraph (1) of this Section X in every
subcontract, and further agrees to take such action as the
contracting agency may direct as a means of enforcing such
requirements.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C.3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction contracts
and to all related subcontracts.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier
participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below
will not necessarily result in denial of participation in this covered
transaction. The prospective first tier participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective first tier
participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first ter participant shall provide immediate written
notice to the contracting agency to whom this proposal is
submitted if any time the prospective first tier participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
ineligible; "'participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and
a participant (such as the prime or general contract). "Lower Tier
Covered Transactions" refers to any covered transaction under a
First Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal funds
such as the prime or general contractor). "Lower Tier Participant"
refers any participant who has entered into a covered transaction
with a First Tier Participant or other Lower Ter Participants (such
as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
Ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective first ter 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
FHWA-1273 — Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal -aid construction contracts,
design -build contracts, subcontracts, lower -tier subcontracts,
purchase orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or that is
estimated to cost $25,000 or more — as defined in 2 CFR Parts 180
and 1200.
h. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that
is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its
principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check the
Excluded Parties List System website (httos /hvuw.colsw , which
is compiled by the General Services Administration.
I. Nothing contained in the foregoing shall be construed to require
the establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and
information of the prospective participant is not required to exceed
that which is normally possessed by a prudent person in the
ordinary course of business dealings.
J. Except for transactions authorized under paragraph (q of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
2. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion — First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department
or agency;
2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen
property;
3) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph
a)(2) of this certification; and
4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
Federal, State or local) terminated for cause or default.
Page 16 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
transaction, without modification, in all lower tier covered
transactions and In all solicitations for lower tier covered
transactions exceeding the $25,000 threshold.
2. Instructions for Certification - Lower Tier Participants
Applicable to all subcontracts, purchase orders and other lower tier
transactions requiring prior FHWA approval or estimated to cost
25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier
is providing the certification set out below.
b. The certification in this clause is a material representation of fact
upon which reliance vras placed when this transaction was
entered into. If tt 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 her participant leams that its
certification was erroneous by reason of changed circumstances.
it. The terms "covered transaction" "debarred,""suspended;
ineligible; 'participant""person,""principal; and'voluntanly
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). "Lower
Ter Covered Transactions' refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
First Tier Participant" refers to the participant who has entered
into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). 'Lower
Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be
entered Into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
I. 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 Ter Covered Transaction, without modification,
in all lower tier covered transactions and in all solicitations for
lower tier covered transactions exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise Ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is
not required to, check the Excluded Parties List System website
FHWA-1273— Revised May 1, 2012
b. Where the prospective participant is unable to certify to any of
the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
I. Except for transactions authorized under paragraph a of these
Instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment Suspension, Ineligibility
and Voluntary Exclusion —Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision Is applicable to all Federal -aid construction contracts
and to all related subcontracts which exceed $100,000 (49 CFR
20).
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and
belief, that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
Influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement. the
undersigned shall complete and submit Standard Form-LLL,
Disclosure Forth 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 certfcation 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
Page 17 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
htu,s7/w veols.eov/1, which is compiled by the General Services
Administration.
h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and
normally possessed by a prudent person In the ordinary course of
business dealings.
FHWA-1273 — Revised May 1, 2012
exceed information of participant is not required to exceed that
which is $100,000 and that all such recipients shall certify and
disclose accordingly.
Page 18 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts,"
the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that
exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area
Goal
Percent)
Redding CA:
174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco -Oakland -San lose, CA:
SMSA Counties:
7120 Salinas -Seaside -Monterey, CA 28.9
CA Monterey
7360 San Francisco -Oakland 25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
176 CA Santa Clara, CA
19.6
7485 Santa Cruz, CA
CA Santa Cruz 14.9
7500 Santa Rosa
CA Sonoma 9.1
8720 Vallejo -Fairfield -Napa, CA
CA Napa; CA Solano 17.1
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito 232
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA 16.1
177 CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
Stockton -Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno -Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
Page 19 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
CA Fresno
Non-SMSA Counties:
CA Kings; CA Madero; CA Tulare
23.6
Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden Grove, CA 11.9
CA Orange
4480 Los Angeles -Long Beach, CA 28.3
CA Los Angeles
6000 Oxnard -Simi Valley -Ventura, CA 21.5
180 CA Ventura
6780 Riverside -San Bemardino-Ontario, CA 19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7
CA Santa Barbara
Non-SMSA Counties 24.6
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
181 7320 San Diego, CA 16.9
CA San Diego
Non-SMSA Counties 182
CA Imperial
For the last full week July during which work is performed under the contract, you and each non material -supplier
subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR
230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest
hereinafter collectively referred to as CONTRACTOR) agrees as follows:
1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are
herein incorporated by reference and made a part of this agreement.
2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall
not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection
and retention of sub -applicants, including procurements of materials and leases of equipment. CONTRACTOR
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the agreement covers a program set forth in Appendix B of
the Regulations.
3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub -
agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier
shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4) Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the California Department of Transportation
or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information
Page 20 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this
information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as
appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement, the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not
to exceed 90 days; and/or
b) cancellation, termination or suspension of the Agreement, in whole or in part.
6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every
sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations,
or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with,
litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may request the California
Department of Transportation enter into such litigation to protect the interests of the State, and, in addition,
CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United
States.
14. USE OF UNITED STATES -FLAG VESSELS
The CONTRACTOR agrees-
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross manage
computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and
reasonable rates for United States -flag commercial vessels.
2. To Famish within 20 days following the date of loading for shipments originating within the United State or
within 30 working days following the date of loading for shipments originating outside the United States, a
legible copy of a rated "on -board" commercial ocean bill -of -lading in English for each shipment of cargo
described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the
case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
Page 21 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
Federal Trainee Program Special Provisions
to be used when applicable)
NOT APPLICABLE JOB LESS THAN 100 DAYS
For the Federal training program, the number of trainees or apprentices is
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in
the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.
Include these training requirements in your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or
training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the
availability of joumeymen in the various classifications within a reasonable recruitment area.
Before starting work, submit to the City/County of
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City/County's of approval for this submitted information before you start work. The City/County
of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes
enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women towardjourneymen status. Make every
effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through
public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available
within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate
against any applicant for training. Do
not employ as an apprentice or trainee an employee: 1.
In any classification in which the employee has successfully completed a training course leading to journeyman status
or in which the employee has been employed as ajourneyman 2.
Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
Ask
the employee if the employee has successfully completed a training course leading to journeyman status or has been employed
as ajourneyman. Your records must show the employee's answers to the questions. In
your training program, establish the minimum length and training type for each classification. The City/County of and
FHWA approves a program if one of the following is met: 1.
It is calculated to: Meet
the your equal employment opportunity responsibilities Qualify
the average apprentice or trainee forjoumeyman status in the classification involved by the end
of the training period 2.
It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered
in a way consistent with the equal employment responsibilities of Federal -aid highway construction
contracts Obtain
the State's approval for your training program before you start work involving the classification covered by the
program. Page
22 of 23 JanuaryZO18
Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
Provide training in the construction crafts, not in clerk -typist or secretarial -type positions. Training is allowed in
lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented
toward construction applications. Training is allowed in the laborer classification if significant and meaningful
training is provided and approved by the division office. Off -site training is allowed if the training is an integral part
of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on -site training
2. For off -site training if the apprentice or trainee is currently employed on a Federal -aid project and you do at
least one of the following:
Contribute to the cost of the training
Provide the instruction to the apprentice or trainee
Pay the apprentice's or trainee's wages during the off -site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon m feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
Page 23 of 23
January 2018
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
5. Bidder's Name - Enter the contractor's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.
8. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors.
SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count.
9. Total number of ALL subcontractors —Enter the total number of all subcontracted contractors. SUM = (DBEs + all
Non -DBEs). Do not include the prime contractor information in this count.
10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.
11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on
the date bids are opened.
13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.
Also, enter the prime contractor's name and phone number, if the prime is a DBE.
14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column.
Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid
Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort
GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must
sign their name.
17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer.
18. Preparer's Name - Enter the name of the person preparing and signing the contractor's DBE commitment form.
19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form.
20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form.
LOCAL AGENCY SECTION
21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
22. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
23. Bid Opening Date - Enter the date contract bids were opened.
24. Contract Award Date - Enter the date the contract was executed.
25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Contractor Section of this form is complete and
accurate.
26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
contractor's DBE commitment form.
28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form.
29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
contractor's DBE commitment form.
Page 2 of 2
July 23, 2015
Deal Assistance Procedures Manual Exhibit 15-C
Construction Contract DBE Commitment
EXHIBIT I5-G CONSTRUCTION CON7RACT I)BE COMMITMENT
1 Local Agency: CRY of Orarwa 2. Contract DBE Goal: 19%
3. Prglect Description: HSIPL-507310851 Pedestrian Safety Improvements -Pedestrian Count Down Si:nals WCSI 4. Project Locetiorr Al
33 Locations City Wide _ 5. Bidders Name: Econolite
Systems _ 6. Prime Certified DBE: T. Bid Amount $156,280.93 6. Total Ends, Amount
for&L Subcontractors: $32,000.00 9. Total Number of ALL Subcontractors: One 1 1 D. Bid Item
11 Description ofWork. Service, or Materials 12. DBE certification, 13. DBE ContactInfortna0an 14. DBE Dollar Number Supplied NumberMust
be certified on the date bWs are opened) Amount 5 Furnish and Install
Battery Backup 40540 TEK Services 22 994 40 5680 Van Gogh Way
Yorba Linda, CA 92887
TEK Services 17.573.
92 3 Furnish Pedestrian 40540
5680 Van Goah We anIng Y0= Linaa, 2
8 TEK Services 4 AD
A Compliant
Pushbutton 4054D 5680 Van Goobyyay 14,894.88 Yorba
Linda, CA 92887
Local Agency to Complete
lMs Section 5 $55,463.20
21 Local Agency Contract
Number: Bid No. 1&Ba2 1S TOTAL CLAIMED DUE PARTICIPATION 19 22. Federal -Aid
ProjectNumber. HSIP-5073(085) 23. Bid Opening Date.
2y1312020 I 24. Contract Award Dale:
311W2020 P(1FTANT7d n -- mg c ei T612y31i regardless of her. Names
of Inc First Tier DBE Subconireclors and their respective Ilem(s)
of work listed above must be consistent where applicable with the
names and Items of the work In the Local Agency certifies that
all DBE certifications are valid and information on Subcontractor List" submitted with your bid. Wntlen coMnnatfon of his roan Is complete
and accurate. each listed DBE is requited. pq e 2113120 16.
Prepar s gna,
ure `1,, a n. Local Agency epreseawesSignaturs, 26. Date Eduard., \I I nne2
714_7a.)_;.517 Dorian Pappas 714.630.3700 _ 18: P'r"ep`
ere`r4'Naine' 1g. on P 1F e LocalAgencyepresemawasNameoneSr. Civil Engineer Estimator
20.-P!E$ W§-
TlffE--- _ 2`g: LoCal"Agency
ef pr25e Ive'6litte --^ — - DISTRIBUTION: 1. Original -Local
Agency 2. Copy-Caltrans District
Local Assistance Engineer (DIAE). Failure to submit to DLAE within 30 days of contract execution may result in
de -obligation of federal funds on contract. Include additional copy with award package. ADANottee: ForindivNuals YAM eensorydisebekles,
Nis document Is available In anemeteformats. For inronn,bon earl (915) 6544110 or TOD(915) 65M 3ae0 orwdle accuds and
Ferms Management, i 120N Street, W-89, Sarremenb. CA 95614. July 23, 2015
Local Assistance Procedures Manual Exhibit 15-C
Construction Contract DBE Commitment
INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab. Seismic
Rehab. Overlay. Widening, etc).
5. Bidder's Name - Enter the contractor's Linn name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.
S. Total Dollar Amount forAU Subcontractors — Enter the total dollar amount for all subcontracted contractors.
SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count.
9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs +all
Non -DBEs). Do not include the prime contractor information in this count.
10. Bid Item Number- Enter bid item number for work. services. or materials supplied to be provided.
11. Description of Work, Services, or Materials Supplied - Enter description of work. services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on
the date bids are opened.
13. DBE Contact Information - Enter the name. address. and phone number of all DBE subcontracted contractors.
Also, enter the prime contractor's name and phone number, if the prime is a DBE.
14. DBE Dollar Amount- Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for haw to count full/partial
participation.
15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column.
Enter the total DBE participation claimed i" Total Claimed DBE Participation Dollars" divided by item "Bid
A mount). I the total %claimed is less than item "Contract DBE Goal." an adequately documented Good Faith Egon
GFEi is required isee Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
16. Preparer's Signature - The person completing -the DBE commitment torn on behall'of the contractors firm must
sign their name.
17. Date - Enter the date the DBE commitment form is signed by the contractors preparer.
18. Preparer's Name - Enter die name of the person preparing and signing the contractof s DBE commitment form.
19. Phone - Enter the area code and phone number of die person signing the contractor's DBE commitment form.
20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form.
I.00AL.AGENCY SECTION
21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
22. Federal -Aid Project Number- Enter the Federal -Aid Project Number.
73. Bid Opening Date- Eater the date contract bids sere opened.
24. Contract Award Date - Enter the date the contract was executed.
25. Local -Agency Representative's Signature - The person completing this section of the form for the Local Agency
mu.,( sign their name to cenify that tire information in this and the Contractor Section of this form is complete and
accurate.
26. Date - Enter the date the DBE commitment form is signed by the Local .Agenc) Representative.
27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
contractor's DBE commitment form.
28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment lorin.
29. Local Agency Representative Title - Enter the positiontliile of the Local Agency Representative certifying the
contractor's DBE commitment form.
Page 2 of 2
July 23, 2015
Local Assistance Procedures Manual N/A Exhibit 15-H
DBE Information- Good Faith Effort
EXHIBIT 15-H DBE INFORMATION --GOOD FAITH EFFORTS
DBE INFORMATION - GOOD FAITH EFFORTS
FederaWid Project No. H5lPL-50731085J_ Bid Opening Date February 13. 2020
The ,_ Ci{s of Oramic established a Disadvantaged Business Enterprise (DBE) goal of
19 %for this project. The information provided herein shows that a good faith effort was made. .
Lowest, second lowest and third lowest bidders shall submit the following information to document adequate
good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE
Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for
award of the contract if die administering agency determines that the bidder failed to meet the goal for various
reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation
to demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled "Submission of DBE Commitment' of the Special
Provisions:
A. The names and dates of each publication in which a request for DBE participation for this project
was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
N/A ---- --- — - - - -
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and
the dates and methods used for following up initial solicitations to determine with certainty
whether the DBEs were interested (please attach copies of solicitations, telephone records, fax
confirmations, etc.):
Names of DBEs Solicited Date of Initial Follow Up Methods and Dates
NIA
page IS -I
OB 12-04 June 29, 2012
Exhibit 15-H NSA Local Assistance Procedures Manual
DUE Information -Good Faith Effort
C. The items of work which the bidder made available to DBE firms including. where appropriate,
any breaking down of the contract work items (including those items normally performed by the
bidder with its own forces) into economically feasible units to facilitate DBE participation. It is
the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was
made available to DBE firms.
Items of Work Bidder Normally Breakdown of Amount Percentage
Performs Item Items ($) Of
MIN) Contract
N/A
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's
rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the
firms involved), and the price dilTerenee for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidders rejection
of the DBEs:
N/A --
Names, addresses and phone numbers of firms selected for the work above:
NIA
E. Efforts made to assist interested DBEs in obtaining bonding. lines of eredil or insurance, and any
technical assistance or information related to the plans, specifications and requirements for the
work which was provided to DBEs:
N/A _
Pagg 15-2
Junc29,2012 OB 12-04
Local Assistance Procedures Manual N/A Exhibit 15-111
DBE Information - Good Faith Effort
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or
related assistance or services, excluding supplies and equipment the DBF, subcontractor
purchases or leases from the prime contractor or its affiliate:
N/A
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using DBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/bate of Contact Results
N/A
H. Any additional data to support a demonstration of good faith efforts (use adalilional sheets if
necessary):
N/A
NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
Page 15-3
B 12-04 June 29, 2012
ATTACHMENT NO.2
LABOR RELATIONS
Behind this sheet]
The following list of forms shall be completed and submitted by the contractor during the performance of the
contract
1. Weekly certified payroll statements & Weekly statement of compliance. (WH-347)
2. Weekly certified Owner Operator listing &Weekly Owner Operator statement of compliance. (CEM-2505)
3. Fringe Benefit statement (submit with First WH-347). (CEM-2501)
4. Monthly Employment Utilization Report. (CC-257)
5. Contractor's List of Federal and Non -Federal Work in Bid Condition area. (Submit with First CC257)
6. Final Minority Business Enterprises Utilization Report. (HC-43/CEM-2402F)
The following forms shall be posted by the contractor in conspicuous places where they can be easily read by
anyone concerned.
7. Notice of Equal Employment Opportunity
8. Notice to all employees working on Federally Funded Projects
U.S. Department of Labor PAYROLL MHOWageandHOlaDivision (For Contractors Optional Use; See Instructions at www.dol.govlwhd/formsl h3471nstr.htm) USutonard Haa Dlewm
Pernarsan, notrequlredbresµvMb the collection ofktandation unress it tlisplayaa coonnay Mid OMBeontMnumhec Rev. Dec. 2008
NAME OF CONTR OMB Ho.: 1235-0g08 6vpires
04f302021 PAYROLLNO.
FORW£EKENDINO PflOhLT PNO LOCAn ON PROJECTOR LOHWPLTNO. p)
Nddd
P INDINOVXIDEMRVINGNLMDER lALi
FOYR DIGIi50F SCLIALeE a, NUMDER
OFNtlRKERCV R)
of
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o
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g ]HS )mr [e ceawrnng..ra.lad-11.1anced[r aaffiddol-1 .,...-.11-1weelTy a .1od—I. Newapea giea.—oo.yee."a mm R<mingyvek" U S...W-m al LaMd.1, 9odow. er 396fiR.§,N.
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pEtlntlleu Nandle pope Dadseamn pevalfywage ra[e![rreemR PoR[rme6 WLanelMenlmnb mop .goon rtwnnp NNlnlorma4an mlew NelN[rmatl[nro[eRlmine PtlemllWeneave reubMle9aM reVureEwaya antlbnae bnefire. pugle SUNen
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wmy doer npMCINi¢[dl[N[R Intlubng ¢ugge¢0[n teereduenaNnW gen,nnegem¢NegeminiarnrWaae are Wurdlaep LLS OetemmeMdlnhir, Reen 5450; 31p C[nsaN5m Avenue, N W. n.n LRA
Data
I,
Name of Signatory Party) Ci
do hereby state.
1) That I pay or supervise the payment of the persons employed by
m the
Nat during the parrot period commending on the
Building or Work)
dry of and ending Me day of ,
aA persons employed on said project have been paid the full weepy wages earned, pat rm rebates have
been or end be made either directly or mdir lly to or on behalf of said
Rom the full
Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any perean, other Nan permissible deductions as defined in Regulations, Pad
3 (29 C.F.R. Sulfide A). Issued by the Secretary of Labor under the Copeland Act as amended (48 Star. 948.
63 Slat 108. 72 Star. 967: 76 Slat 357: 40 U.S.C. § 3145), and desmDed below.
2) That any barriers otherwise under Mat contract required to be submitted for the ata so Periot are
coned and complete: Nat the wage miss for laborers or medlanics contained Herein are not less than the
applicable wage ate. contained in any wage determination inecra d Into Me correct. Nat the duaturcaums
set Path Herein for each taborer or mechanic conform with the work he pedonned.
3) That any apprentices employed in Me above period are duty registered in a bane too epplantcaship
program registered win a State appremosehip agency mmgnized by the Bureau Of Apprengcoship and
Training. United States Department of labor, or if no such remgnized agency costs in a State, are registered
with the Bureau of Apprentimshlp and Training, United States Department of Labor.
4) neta) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS. FUNDS. OR PROGRAMS
E3 - in coalition to Me basic roury wage rates paid to each laborer or me Aanic Gated in
the above referenced barren, payments of fringe benefits as listed N the compact
have been creel be made b appropriate programs far me benefit of such employees,
escept as noted in section 4(c) below.
LR-1
gal WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laboreror mechanic listed in Me above referenced paymg has been paid,
as indicated on the paymll, an amount not less Nan the sum 0 the applicable
basic hourly wage to plus the amount of the required (hinge benefits as listed
In Me contract, e,aapt as noted in section 4(c) below.
c) EXCEPTIONS
F EPTpN(CRAFT, EXPLANATION
REMAGXa
wunE.wo nitE 9novill
TIE WILLFOL FPL FIGTIONOFµYOF iXEMLVEsiPTW.FMa M9Y a061ECTT iCurn eselOnpt
SIIBCOWMTMTOCMLORCGWN MOSMI OMSE£ SECTION1m OF TTE IaANO SECn0491 OFi1RE
an aF TIE I1MT ED sTATEs.1
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
For
OWNER -OPERATOR LISTING formals.
OEM-2505(REV O5 001)
Records
ADA Notice
mciNEuals wM sensory Elsobililies, the document Is avaeable N aftemale
For Information one (91e) ..I. or roc (916) .sues() or wme
and Farms Management. 1120N Street. Mse9, Sacramento. CA 95914,
NAME OF CONTRACTOR EMPLOYING OWNER OPERATOR(G) ADDRESS
PAYROLLNO. FOR WEEK ENDING PROJECT MD LOCATION CONTRACT NO.
NAME.NDCOCONTRACTORSNO. AND CONTRACTORS LICENSE NO.
OF OWNER-OPERATOR(IFANY) WORKCIASSiFICATION DESCRIPTIONOFEQUIPMENT
TRUCK CAL NO.
ANDIOR EQUIP.
LICENSE NO. STOROF
DAY AND DATE
TOTALWEEKLY HOURLYRATEDPAY GROSSPAYMENTEARNED CHECKNO. HOURS
S
O
G
G
S
O
G
O
S
O
S
O
S
O
e
O
NOTE: CERTIFICATION WILL BE ACCEPTED ONLY FROM THE CONTRACTOR EMPLOYING THE OWNER
OPERATOR: IT WILL NOT BE ACCEPTED FROM THE OWNER OPERATOR HIM I HERSELF.
LR-2
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
OWNER -OPERATOR LISTING STATEMENT OF COMPLIANCE
CEM-2505 (REV 0512001)
Date
do hereby state:
Name of signatorypady) (rise)
1) That I pay or supervise the payment of the persons reported on this form as Owner -operators by
Contractor or subcontractor)
on the , that during the payroll period commencing on the day of
Building orwork) and
ending the day of , all persons working on said project have been paid the full
weekly sums earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from
the full weekly sums earned by any person and that no deductions have Contractor
or subcamrsdor) have
been made either directly or indirectly from the full sums earned by any person, other than permissible deductions, as described
here: 2)
That any payrolls or listings or otherwise under this contract required to be submitted for the above period are correct and complete;
that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage
determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the
work he performed. 3)
That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State
apprenticeship agency. 4)
That: a)
WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In
addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll or listings payments
of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such
employees, except as noted in Section 4(c) below. b)
WHERE FRINGE BENEFITS ARE PAID IN CASH Each
Laborer or mechanic listed in the above referenced payroll or listings has been paid as indicated on the payroll or listings
an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits
as listed in the contract, except as noted in Section 4(c) below: c)
EXCEPTIONS EXCEPTION (
CRAFT) EXPLANATION Remmd
s: NAME
AND TITLE SIGNATURE On
federally -funded projects, permissible deductions are defined in regulations. Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland
Act, as amended (48 Stat. 948 63 $tat 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c). Also,
the willful falsification of any, of the above statements may subject the contractor or subcontractor to civil or criminal prosecution (see Section 1001 ofTitle18andSection231of'n ye 31 of the United States Code). LR-
2
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
FRINGE BENEFIT STATEMENT
CEM-2501 (REV OP2014)
CONTRACTOR OR SUBCONTRACTOR (Please Pdnt) CONTRACT NUMBER FEDERAL -AID PROJECT NUMBER DATE
TO: RESIDENT ENGINEER OR DISTRICT LABOR COMPLIANCE OFFICER BUSINESS AD DRESS
Labor Compllance uses the followmg fringe benefits,ififormahon (sFiown or referenced on wagedate detemiinahons) pald,loar on
behalf of ernplDyees In vaiious crafts o:classlficahonsto check payroll or apply tq'forca accoun't work on the above contract
COMPLETE AND SUBMIT THIS FORM WITH THE FIRS7, dERTIFIEO PAYROLVOR WHEN THERE HAVE BEEN CHANGES.
Classification Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program
Vacation $
Health and
Welfare $
Pension $
Apprentice or
Training Fees $
Other $
Effective Dale
Subsistence and/or Travel Pay
Classification Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program
Vacation $
Health and
Welfare $
Pension $
Apprentice or
Training Fees $
Other $
Effective Dale
Subsistence and/or Travel Pay
Classification Fringe Benefit Hourly Amount Nam , and Address of Plan, Fund, or Program
Vacation $
Health and
Welfare $
Pension $
Apprentice or
Training Fees $
Other $
Effective Data
Subsistence and/or Travel Pay
I certW underpenaltiofperl0tv6sfldnpe heneritsare'uaid to the awA51ed'Pla`ns..Eunds orPro'aramms listed stiotia:
NAME AND TITLE (Please Print)
SIGNATURE
you
ADA Notice For Individuals with sensory disabpibes, this document Is available In ahemate formals. For Information, rail (916) 445-1233,
TTY 711, orwrite to Reconols and Forms Management, 1120 N Street MS-e9, Sacramento, CA 95B14.
LR-3
9. U.S. DEPARTMENT OF MONTHLY EMPLOYMENT I. Covered area (SMSA or EA) 3. Current Goals 4. Reporting Period
LABOR
Employment Standards Administration, OFCCP UTILIZATION REPORT Minority: From:
This report is rcyulred by Executive ONcr I IN6, Sec. 203. Fvlurc to report can result in 2. Employers ID Number Female: To:
convacts being canceled, terminated or suspended in whole or in part and the contractor may be
declared ineh ible for frtber Fedemll aysisted Gaeemmem construed.. contracts.
Name and address ofthe Contractor Federal Funding
Agency
5CONSTRUCTION
TRADE Classification
6. WORK HOURS OF EMPLOYMENT Federal Non -Federal)
9 TOTAL
NtunberofEmployees
MI F
10Total No. of
MinorityEmployees
I M I F
6a. ob. 6c.
TOTALALL BLACK
EMPLOYEES (nmof HISPANIC
BYTEADE JRspanic origin)
M F M F M F
6d. ASIAN OR
PACIFICISLANDERS
M F
6e. 7
AMERICAN Minority
INDIAN OR Percentage
Alaskan Native
M F
8 FetnalePercentage
Journey worker
Apprrntice
Trainee
SUB -TOTAL
Journey worker
Apprentice
Tmin
SUB -TOTAL
Jouney worker
APprent.
Trainee
SUB -TOTAL
J., worker
Apprentice
Train. E$=
SUB -TOTAL
loumey worker
Apprentice
Trainee
SUB -TOTAL
TOTAL JOURNEY WORKERS
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
11. Company official's signature and Title Telehwe Number(Nelunng n aeon) 13. Datesigned: PAGE OF
LR4
INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (Form CC-257)
The monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a responsible official of the company. The reports are
to be filed by the 5th day of each month during the term of the contract, and they shall include the total work -hours for each employee classification in each trade in the
covered area for the monthly retaining period. The prime contract shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's
aggregate work force to the Federal Compliance Agency that has Executive Order 11246 responsibility. (Additional copies of this form may be obtained from the U. S.
Department of Labor, Employment Standards Administration, OFCCP's regional office for you area).
Compliance Agency ................................... U. S. Government Agency assigned responsibility for equal employ-
ment opportunity. (Secure this information from the contracting
officer).
Federal Funding Agency ............................. U. S. Government Agency funding project (in whole or in part). If
more than one agency, list all.
Contractor .................................................. Any contractor who has a construction contract with the U. S.
Government or a contract funded in whole or in part with Federal
Funds.
Minority ..................................................... Includes Blacks, Hispanics, American Indians, Alaskan Natives, and
Asian and Pacific Islanders - both men and women.
1. Covered Area ......................................... Geographic area identified in Notice required under 41 CFR 60-4.2.
2. Employer's Identification Number .......... Federal Social Security Number used on Employer's quarterly Federal
Tax Return ( U. S. Treasury Department Form 941).
3. Current Goals (Minority and Female) ..... See Contract Notification.
4. Reporting Period .................................... Monthly, or as directed by the compliance agency, beginning with the
effective date of contract.
5. Construction Trade ................................ Only those construction crafts which contractor employs in the
covered area.
6. Work -Hours of Employment (a-e) .......... a. The total number of male hours and the total number of female
hours worked by employee in each classification.
b: e. The total number of male hours and the total number of female
hours worked by each specified group of minority employees in
each classification.
Classification ............................................. The level of accomplishment or status of the worker in the trade
Journey Worker, Apprentice, Trainee).
7. Minority Percentage ............................... The percentage of total minority work -hours of all work -hours (the
sum of columns 6b, 6c, 6d, and 6e divided by column 6a; just one
figure for each construction trade).
8. Female percentage ................................. For each trade the number reported in 6a. (F) divided by the sum of
the numbers reported in 6a (M and F).
9. Total number of employees .................... Total number of male and total number of female employees working
in each classification of each trade in the contractor's aggregate work
force during reporting period.
10. Total number of minority employees .... Total number of male minority employees and total number of female
minority employees working in each classification in each trade in the
contractor's aggregate work force during reporting period
LR-4
INSTRUCTIONS: Attach to the first CC251 submitted.
Submit updated notice only if the work is completed or
new contract has been received. CONTRACTORS LIST OF FEDERAL AND NON-FEDERAL WORK IN THE BID CONDITION AREA
Bid Condition Area: City of Orange. Name of Contractor:
Date: Address:
1. FEDERALLY ASSISTED CONTRACTS
Name of Federal Agency funding the project. Project Name and Location. Contract/ DollarAmourt Starting Date Percent Projected date
Project No. ofconstruction complete ofcampletion.
1.
2.
3.
4.
5.
IL NON-FEDERAL CONTRACTS
Name of Agency contracting the project Project Name and Location. Contract/ DollarAmount Starting Date Percent Projected date
Project No. ofcoostraction complete ofcampletion.
1.
2.
3.
4.
5.
LR-5
STATE OF CALIFORNIA- OEPAATMENT OF TRANSPORTATION AOA 1011ce
FINAL REPORT- UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES FwbtlnlAida wiN wn.Myma.wlma, ulm e.pm..mmaaummamn.m
FIRST -TIER SUBCONTRACTORS mmam. For Flmmtio . o MRS) HSTLt]. TIY ]I I, v wnb b ResNe
aM Fmns Manpemem. 1120 N S4eet M589. SevIDneM. CAp5B14.
DEA4s4DEF (REV 92D14)
CONfMCTNUMBER COUNTY ROIRE FOSTMKES FEOEMLNO PROJERNVMSER ADMINISTERINGAGENCT fiONTPACTCONPLEiION OATS
PRIME CDNRUCTOR BUSINESSADORESG ESTIMATED CONDFACTAV.OUN]
DESCRMTIONOF CONTRACTPAYMENTS
REM MRK PERFORMED COMPANY NAME
DBE DATEADRK DATE OF FINAL
COMPLETENO,AND AND BUSINESS ADDRESS CERT. PAYMENT
MATERIALS PROVIDED NUMBER NON-0BE DBE VDDE
S E S
S 3 3
3 S S
i i i
S S S
i 3 S
E S S
i S S
S S S
S S S
ORIGINFt COIRAIYEHT
TOTAL 3 S E
DBENDBE
Lm{a0 FlnLTYr3uMwtncbn. Dleativartapatl OueNna EnhryMec IDBEs) antl uMeMatratl DS-u ryD3Es) ngaNMaa nitlw.wBaMarornw No Nmwen orlpbaly IktE brpwl cnelt IlncWal UDBE utlWatlm Iw Nam
olwarkJ was tltlfenmNcn NatnDDaw'aErtNetlme olawalC. prpNOncpmmoma On Mefdlwlnppapa tNFO NaWcMC MP acYMDCOrtWIGbnaN entlq. 10ERTIFYTHATTHE ABOVE INFpRMATX)N 19 COMPIEIENID CORRECT
CDPY pISTRIBIRION-CeMna tmOatla: Oalglnal-Oistrid Cm[hWhl Cagy-Co,a Cagy-ReaNml ErgNm Copy.OSEO-pool Mine my^'PMne.=M
COPY OISiRIBVRDN-ImlApercymnlnda: pglnal-fool AOancY Res'FmlEnpjeer Copy-D'udd Lpml Aasmmrm EPpNew Cory-Ma:al ApercYfle
avbnlXetlMN W Repot W EapeMiNm)
LR-6
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION
FINAL REPORT -UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES
FIRST -TIER SUBCONTRACTORS
CEM-2402F (REV 912014)
Instructions
Contracts advertised on or before June 15, 2012 may contain Underutilized Disadvantaged
Business Enterprise goals (UDBE). Participation for UDBE firms must be reported In the UDBE
column. Contracts advertised after June 15, 2012 may contain Disadvantaged Business Enterprise
DBE) goals, Participation for contracts advertised after June 15, 2012 must be reported as DBE.
This form has three columns for entering the dollar value for the item(s) of work performed or provided by
the firm. The Non -DBE column is used to enter the dollar value of work performed by first -tier
subcontracting firms who are not certified as a DBE or UDBE.
The DBE column is used to enter the dollar value of work performed by firms that do not fall into the UDBE
category as defined below. The UDBE column is used to enter the dollar value of work performed by firms
who fall under one of the following underutilized groups:
Black American
Asian Pacific American -
Native American
Women
DBE and UDBE prime contractors are required to show the corresponding dollar value of work performed
by their own forces.
If a firm performing work as a DBE or UDBE on the project becomes decertified and still performs work after
the decertification date, enter the total value performed by this firm under the appropriate DBE and UDBE
identification column. If a subcontractor performing work as a non -DBE on the project becomes certified as
a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate
identification column. Any changes to DBE certification must also be submitted on Form CEM-2403F.
Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor
made the "final payment' to the firm for the portion of work listed as being completed). DBE and UDBE
prime contractors are required to show the date of work performed by their own forces.
Use the comments section to explain any differences in the original commitment and the final utilization of
DBE and UDBE firms.
The contractor and the resident engineer sign and date the form indicating that the information provided is
completed and correct and the DBE paperwork and worksites have been monitored for participation.
LR-6
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Bid No. 189-32; SP-4031; Pedestrian Safety Improvements —Pedestrian Count Down Signals (PCS) at Various
Locations
Name of Labor Union, Worker's Representative, etc.
Address
The undersigned currently holds a contract with the City of Orange involving federally assisted construction funds for Arterial
Highway Rehabilitation Program (AHRP) or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246,
the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to the following:
HHUNG, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION;
RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT;
TREATMENT DURING EMPLOYMENT;
RATES OF PAY OR OTHER FORMS OF COMPENSATION;
SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP;
AND LAYOFF OR TERMINATION.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246.
Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for
employment.
Name of Contractor
Signature and Title
LR-7
EMPLOYEE RIGHTS
UNDER THE DAVIS-BACON ACT
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8
ATTACHMENT NO.3
Project Special Provisions
Behind this sheet]
ADDITIONS TO THE STANDARD SPECIFICATIONS
PART 1
GENERAL PROVISIONS
SECTION I - GENERAL TERMS, DEFINITIONS, ABBREVIATIONS, UNIT OF
MEASURE, AND SYMBOLS
1-2 Terms and Definitions
a) AGENCY: The City of Orange, California, also hereinafter called "City".
b) BOARD: The City Council of the City of Orange, California.
c) CONTRACT DOCUMENTS: Documents including, but not limited to, the proposal, Standard Specifications,
Standard Plans, additions to the Standard Specifications, Special Provisions, plans, bonds, insurance, contract
agreement and all addenda setting forth any modifications of the documents.
d) DATE OF CONTRACT: The date of notification from the City Attorneys office informing the Contractor that
the contract is approved and fully executed by the City and the Contractor.
e) ENGINEER OR CITY ENGINEER: The City Engineer of the City of Orange or his duly authorized
representative(s).
f) BIDDER: Any individual, co -partnership, association or corporation submitting a proposal for the work
contemplated acting directly or through a duly authorized representative.
g) LEGAL ADDRESS OF CONTRACTOR: The legal address of the Contractor shall be the address given on the
Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the
Contractor shall be mailed or delivered.
b) LABORATORY: An established laboratory approved and authorized by the Engineer for testing materials and
work involved in the contract.
i) STATE CONTRACT ACT: Division 1, Division 2, Part 1,3 of the Public Contract Code. The provisions of this
act and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set
forth herein in full.
1-3 Abbreviations
OC PF&RD: Orange County Public Facilities and Resources Department (formerly Orange County Environmental
Management Agency)
1-6 Bidding and Submission of the Bid
1-6.1.1 Qualifications of Bidders
Any bidder who can prove to be a "Responsible Bidder" based on, but not limited to, the following requirements may
submit a bid for consideration. The City Engineer may waive any or all of the following criteria in the best interests
of the City.
SP-2
1) A valid license in appropriate classification with which he can perform the specified work.(at award)
2) Record of satisfactory past performance of work with various agencies and industry.
3) Record of satisfactory compliance with all State, Federal and local laws regarding, but not limited to, fair
employment practice, safety regulations, prevailing wage regulations, labor code, and subcontracts.
4) Ability to comply with delivery schedules of materials, equipment and labor.
5) Adequate financial resources to complete the work.
6) Ability to secure bid bonds, contract bonds and insurances from companies having adequate rating.
7) Minimum five years of experience in completing contracts of nature, type and size similar to that for which
he is submitting bids and such experience has been acquired not more than seven years prior to submitting a
bid.
1-6.1.3 Procedure for Proposal Submittal
Proposal shall be made and submitted on proposal forms provided by the City in accordance with the notice inviting
bids. Sealed proposals shall bear the title of the work and no other distinguishing marks. Any bid received after the
scheduled closing time for the receipt ofbids shall be returned to the bidder unopened. It shall be the sole responsibility
of the bidder to see that his bid is received in proper time.
Each bid shall be made on blank proposal forms provided by the City of Orange and shall be accompanied with a
certified or cashier's check or a bid bond for not less than 10% of the amount of bid, made payable to the City of
Orange. No proposal shall be considered unless this requirement is met.
Each bidder must be licensed and also pre -qualified w required in Section 1-6.1.1 of these Specifications.
No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work,
unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or
who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub -proposal or quoting
prices to the other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, or
corporation is interested as a principal, all such bids shall be rejected.
Proposals with inter -lineations, alterations or erasures shall be initialed by the bidder's authorized agent. Alternative
proposals, special conditions or other limitations of provisions affecting the bids, except as such called for by the
contract documents, will render the bid informal and may cause its rejection. All proposals must give the unit prices
bid for the various items of work both in writing and figures and must be signed by the bidder, who shall give his
address. Each bid item shall be bid as it appears on the proposals and shall not be altered or lumped together with
other bid items. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or
collusive or made in the interest or on behalf of any other person not therein named and that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain
from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any
other bidder.
The Contractor shall be registered with Department of Industrial Relations (DIR), State of California per Labor Code
Section 177.1(a) at the time of bid. This project is subject to compliance monitoring and enforcement by DIR.
1-6.1.4 Request for Interpretation
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications
or other proposed contract documents, or finds discrepancies in, or omissions from, the drawing or specifications, or
discovers substantial difference between the approximate quantities shown on the bid proposal and his quantity
estimate from the plans for any of the major bid items in the proposal, he shall request the Engineer, in writing, for an
interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery.
SP-3
The meaning of substantial difference and the major bid items, for this purpose, shall be in accordance with Section
1-2 and Section 3-2.2.1 of the Standard Plans and Specifications. All such interpretations of the contract documents
will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each
person receiving a set of contract documents at his last address of record. The City will not be responsible for any
other explanations or interpretations of the contract documents.
1-6.1.5 Return of Bid Security
Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any time prior to the
scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic
or written request is delivered to the Director of General Services prior to said closing time.
The bid security of the unsuccessful bidders will be retained until the contract is awarded to the lowest, responsible
successful bidder.
The bid security of the successful bidder of accepted bid will be held by the City until the contract has been entered
into and the bonds accompanying the same are approved and filed.
If a bidder fails or refuses to enter into a contract to do work, the bid security shall be forfeited to the City and shall
be paid into the General Fund of the City.
Bid securities consisting of cashier's checks will be refunded to the respective bidders when no longer required by the
City. All other bid securities no longer required by the City, will be considered void. These will be returned to their
respective bidders only if requested with self-addressed stamped envelope and sufficient postage.
1-6.1.6 Bid Protest Procedure
1. Any bid protest must be submitted in writing to Public Works Director, 300 E. Chapman Avenue,
Orange, CA 92866 before 5 p.m. of the 10th City business day following bid opening.
a) The initial protest document shall contain a complete statement of the basis for the protest with
accompanying documentation in support thereof.
b) The protest shall refer to the specific portion of the document which forms the basis for the protest
c) The protest shall include the name, address and telephone number of the person representing the
protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document and any
attached documentation to all other parties with a direct financial interest which may be adversely affected
by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have
a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Public Works Director/City Engineer will issue a decision on the protest. If the Public Works
Director/City Engineer determines that a protest is frivolous, the party originating the protest may be
determined to be irresponsible and that party may be determined to be ineligible for future contract awards
by the City of Orange.
f) The procedure and time limits set forth in this paragraph are mandatory and me the bidder's sole and
exclusive remedy in the event of bid protest and failure to comply with these procedures shall constitute a
waiver of any right to further pursue the bid protest, including filing of a claim against the City under the
California Government Code or legal proceedings.
1-6.2 Subcontractor Listing
Add the following paragraph to end of this section:
SP-4
The Engineer, as duly authorized officer, may consent to subcontractor substitution requested by the Contractor subject
to the limitations and notices prescribed in Section 4107 of the Public Code. Prior to commencement of work, the
Contractor shall submit to the Engineer a list showing names, addresses, telephone numbers, City business license
numbers and the work to be done by subcontractors.
1-7 Award and Execution of the Contract
1-7.1.1 Award of Contract
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all
requirements of the notice inviting bids and Section 1-7.1.2 and 1-7.1.3 of these Specifications. The City, however,
reserves the right to reject any or all bids, and to waive any informality in the bids received. The Award of Contract,
if made, shall be made within SIXTY (60) days after the opening of the bids.
1-7.1.2 Execution of Contract
The contract shall be signed by the successful bidder and returned to the City, together with the contract bonds as
specified in Section 2.4 of the Standard Specifications and as amended below and any changes or additions made
thereto in these specifications within fifteen (15) days after the date of written notice of award of contract. The form
of the contract agreement to be executed by the Contractor will be mailed by the City Attorney's office along with the
written notice of award of contract. No proposal shall be considered binding upon the City until the execution of the
contract by the City. In case of conflict, the contract agreement shall have precedence over all other written
specifications.
1-7.2 Contract Bonds
Sureties providing performance or labor & materials bonds for Contractors to the City of Orange must be licensed or
agree to employ a licensed Contractor, with a Class A or other applicable specialty contractor's license from the State
of California, in the event the Contractor to whom such surety is provided fails to perform the work under the contract.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims
of laborers and material men, become insufficient, or the City Attorney has cause to believe that such surety or sureties
have become insufficient, a demand in writing may be made of the Contractor for such further bond or additional
surety, not exceeding that originally required, as is considered necessary considering the extent of the work remaining
to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignee of the
Contractor until such further bond or bonds or additional surety has been furnished.
Except as set forth in this Section 2.4, the City of Orange will not accept any performance or any labor and materials
bond for any contracts unless the bond complies with each and every one of the following criteria:
a) It is issued by a surety qualified as an acceptable surety on federal bonds as evidenced by an unrevoked
inclusion in the current Annual List of Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies, published by the United States Department of
the Treasury, Fiscal Service, or an official successor publication (the "Treasure List"); and
b) The bond is in an amount within the underwriting limitation of the surety set forth in the Treasury List; and
c) The surety is legally qualified to conduct business as a surety in the State of California; and
d) The surety meets or exceeds the following standards established by A.M. Best Company as set forth in the
current edition of Best's Key Rating Guide, Property -Casualty
SP-5
Amount of Contract
0 to $ 20,000 A Class II
20,000 to $ 40,000 A Class III
40,000 to $ 100,000 A Class IV
100,000 to $ 200,000 A Class V
200,000 to $ 500,000 A Class VI
500,000 to $ I,000,000 A Class VII
1,000,000 to $ 2,000,000 A Class VIII
2,000,000 and up
s A class assuring that the contract price does not exceed 2 percent of the minimum Adjusted Policyholders' Surplus
necessary to qualify for that class.
The BESTS KEY RATING GUIDE may be examined in the City Attorney's office or can be purchased from A.M.
Best Company, Ambest Road, Oldwick, NJ 09958, (201) 439-2200.
In the event the total amount of bonds issued by the surety for the contract exceeds the underwriting limitation set
forth in the Treasury List, or the surety does not meet the minimum Financial Size Category rating set forth above,
then the surety shall prove reinsurance in excess of such total amount of bonds by one or more reinsuring companies
meeting the above -referenced A.M. Best rating standards list, listed on the Treasury List and within the Underwriting
Limitation of each reinsuring company, before a contract is executed by the City.
For contracts with a total contract price less than $25,000, the City shall have the power to modify or waive, in whole
or in part, the foregoing criteria for acceptable bonds, in its sole discretion.
For contracts with a total contract price of $25,000 or more, but not exceeding $500,000, where bonds are not
reasonably obtainable which meet the provisions of subparagraphs (a) and (b) or (d) above, for reasons other than the
creditworthiness of the Contractor, the City may, in its sole discretion, accept bonds which meet the provisions of
subparagraphs (a) and (b) but not (d), or bonds which meet the provisions of (d) but not (a) and (b).
Security for public contracts in lieu of bonds meeting the criteria set forth above will be accepted by the City only if
in the form of cash deposits in the full face amount of required bonds, in the name of the City of Orange, as owner of
the account, in such financial institution as the City may direct and under written agreement in form and substance
acceptable to the City. In the event such account bears interest, any accrued interest shall be paid to surety at the time
said security is released, or if Contractor defaults shall be applied to pay for any work necessary to complete the
contract in the event that application of the principal of said account proves insufficient.
All bonds shall be on the forms provided by the City of Orange, with all signatures notarized and with the following
notarized endorsement:
The undersigned hereby certifies that the named surety issuing the bond for:
Pedestrian Safety Improvements —Pedestrian Count Down Signals (PCS) at Various Locations
Bid No. 189-32: SP-4031)/
is issued by an "admitted surety", qualified to conduct business in the State of California in accordance with CCP§995-
670
Name of Surety
Attorney in Fact
SP-6
SECTION 2 - SCOPE OF THE WORK
2-1 Work to Be Done
2-1.1 General Description of Work:
The work to be done, in general, consists of, but is not limited to, removing the existing pedestrian signals and
replacing with new Pedestrian Count Down Signals (PCS) at 33 intersections, installation of battery backup systems
at three locations, refreshing crosswalk striping and providing traffic control, and all labor, equipment and
incidentals necessary for completion of work. The City of Orange reserves the right to delete any of the locations
and/or add new locations, as it desires. All the work performed shall be measured and paid at the contract unit price
bid in the proposal and no additional compensation shall be allowed for deleting or adding new locations for PCS
installations..
2-2 Permits and Licenses
Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and business licenses,
pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
These permits and licenses shall be obtained in sufficient time to prevent delays to the work.
In the event that the City has obtained permits, licenses or other authorizations applicable to the work from other
agencies, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. Any
charges such as inspection fees, bonds, insurance that may incur due to the Contractor's performance in accordance
with such permits shall be considered included in the bid items for the various items of work involved.
2-4 Cooperation and Collateral Work
Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential
work by others. The City, its workers and contractors and others, shall have the right to operate within or adjacent to
the work site during the performance of such work.
The City, the contractor, and each of such workers, contractors and others, shall coordinate their operations and
cooperate to minimize interference.
The Contractor shall include in its Bids all costs involved as a result of coordinating its work with others. The
Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous,
collateral, and essential work. If necessary to avoid or minimize such damage or delays, the Contractor shall redeploy
its work force to other parts of the work.
Should the Contractor be delayed by the City, and such delay could have not been reasonably foreseen or prevented
by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of
time.
2-6.1 Changes in Work: General
Engineer shall be the duly authorized officer who may grant the changes prescribed in this section.
2-7 Changes Initiated by the Agency
The Engineer shall have the right to make changes in the work, plans and/or specifications and the contractor shall
perform the work as changed and as directed by the Engineer.
SP-7
2-8.1 Extra Work: General
If the City and the Contractor cannot reach an agreement to establish an agreed lump sum price or stipulated unit
prices, the City reserves the right to direct the Contractor to perform such work using an acceptable substitute
subcontractor. The City may order the Contractor to obtain bids from three or more subcontractors to perform such
work. Upon written approval of subcontractor selected by the Engineer, the Contractor shall enter into a subcontract
with such subcontractor to perform such work. All the Contractors markups shall be in accordance with the provisions
of Section 7-4.3.
The extra work as defined in this section of Standard Specifications, and any work done beyond the lines and grades
shown on the plans, shall only be performed when ordered in writing by the Engineer. In absence of such written
order, any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed
at the Contractor's expense.
2-10 Disputed Work
Any claims, potential claims based on an act or failure to act by the Engineer, any protests against the rulings and
decisions of the Engineer, shall be made in writing. Such claims, potential claims or protests shall be addressed to the
Engineer and shall be submitted within ten (10) days after the happening of the event, thing, occurrence, or other
cause, giving rise to such action by the contractor.
The written determination rendered by the Engineer on such actions by the contractor shall be considered as a final
ruling of the City of Orange. Any monetary claims against the City regarding the City's decision shall be filed with
the City Clerk of the City of Orange in accordance with the provisions of chapter 3.16 of Orange Municipal Code,
California Government Code sections 810, 901, 905, 911, 915, 935 and 945.
SECTION 3 — CONTROL OF THE WORK
3-4 Authority of Board and Inspection
Authority of Board and Inspection shall conform to Section 3-4 of Standard Specifications and the following:
Orange Municipal Code Section 2.15.020 C, and 2.34.10 has designated Engineer as their designee for all decisions
regarding the contract.
The Contractor shall give at least 24 hours advance notice of the time when he or his subcontractor will start or resume
the various units of operations of the work as per the contract, or resume the said units or operations when they have
been suspended as per the contract.
The above notice is to be given during working hours, exclusive of Saturdays, Sundays or holidays for the purpose of
permitting the Engineer to make necessary assignments of his representative or inspector on the work.
The Contractor shall pay the inspection charges for any work done outside normal working hours at the rate established
for Special Inspection in the Master Schedule Fees and Charges adopted by the City Council. Such fees shall be paid
per half day or portion thereof in minimum one-half day increments. No work shall be performed outside normal
working hours except under extraordinary circumstances and with prior approval of the Engineer. See Section 6-3.3
for normal working hours.
Any work performed in conflict with said notice, without the presence or approval of the inspector, or work covered
up without notice, approval or consent may be rejected or ordered to be uncovered for examination at the Contractor's
expense, and shall be removed at the Contractors expense, if so ordered by the Engineer or his representative or
inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or
imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected
immediately without extra charge even though it may have been overlooked in previous inspections and estimates or
may have been caused due to failure to inspect the work.
SP-8
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing.
No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by
direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of
construction, will be determined in all cases by the Engineer and authorized in writing.
All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties
unless formal protest is made in writing and as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers
any instruction, ruling or decision of the inspector or Engineer to be unfair, he shall, within ten (10) days after any
such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer, stating clearly
and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in
the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive
all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions
of the Engineer. Upon receipt of any such protest from the contractor, the Engineer shall review the demands,
instruction, ruling or decision objected to and shall promptly advise the contractor, in writing, of his final decision,
which shall be binding on all parties. Any protests against the Engineer's final decision shall be made in accordance
with section 2-10 Disputed Work.
3-5 Inspection
In addition to those processes in Section 3-5 INSPECTION the following shall apply:
All work requiring Special inspection shall be first inspected and approved by the City Building Inspector 24 hours
before Special Inspections. If any work is covered before the City Building Inspector inspection and approval, the
City shall require the work to be exposed and inspected.
Due to the City of Orange 9/80 flex work schedule the City is closed every other Friday. No City Building Division
inspection services are available on closed Fridays, although Special Inspection services are available when the City
Building Division inspections occur on the Thursday before the closed Friday.
The Contractor shall keep the City's Project/Construction Manager or designee informed two weeks in advance of
scheduled work to assure that City Inspectors and Special Inspectors are available. All inspection processes for those
inspections requiring the City of Orange Building Division approvals shall be worked out in detail with the City of
Orange Building Official.
3-5.1 Progress Reports
The Contractor shall provide the City Inspector, at the end of each working day, a daily report showing the number of
employees working on the project. The report will also include the Contractor employee's name and their
classifications and equipment used onsite. Any subcontractors working on the project will also be included in the
same report.
3-5.2 Videotaping
3-5.2a Sewer Replacement Construction
At least two (2) weeks prior to construction of a replacement sewer the Contractor shall videotape the existing sewer
utilizing equipment and methods as specified in Sections 500-1.1.4 and 500-1.1.5 of the "Standard Specifications" to
verify all existing sewer lateral connections. The Contractor shall equate videotape stationing to sewer construction
stationing and provide a copy of the sewer videotape and stationing notes to the City Engineer. The Contractor shall
notify the Engineer of any deviation from the plan found as a result of this survey.
3-5.2b Underground Conduit Construction Videotaping
See Section 306-1.4.1
SP-9
3-6 The Contractor's Representative
The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated
representative may be reached during hours when the work is not in progress, so that 24-hour, 7-days a week contact
can be maintained.
Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or
telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor.
3-7 Contract Documents
3-7.3 Plans and Specifications
The Engineer will provide the Contractor, free of charge, up to twelve (12) copies of plans and special provisions for
the execution of work. The contractor shall have a bonded and insured printing company pick up the originals from
the City to make additional copies, if needed, at no additional cost to the City.
The Contractor shall, at his own expense, obtain copies of the "Standard Specifications", City of Orange Standard
Plans and Specifications, Standard Plans and Specifications of the State of California, and Work Area Traffic Control
Handbook, for his general use.
If, after award ofthe contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently
detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further
explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract.
All scaled dimensions shall be considered approximate. Before proceeding with any work, the Contractor shall
carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his
representative of any discrepancies.
M5111 MMI) Ali VA Q101
3-10.1.1 Survey Service
Unless otherwise stated by the City Engineer or noted in the Special Provisions, the Contractor shall provide all
surveying services.
310.12 Private Engineers
Unless otherwise provided in the Special Provisions, lines and grades for the construction shall be the responsibility
of the Contractor, with the following provisions:
All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey
for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such survey
work including construction staking shall be done under the supervision of a California Licensed Land Surveyor or
authorized Civil Engineer. Staking shall be done on all items ordinarily requiring grade and alignment, at intervals
normally accepted by the agencies and trade involved.
The contractor shall provide a copy of the office calculations and grade sheets to the City Inspector. The Contractor
shall be responsible for any errors in the finished work, and shall notify the Engineer, in writing, within 24 hours, of
any discrepancies, or design errors during the construction staking.
Contractor shall provide construction surveying for relocation of any conflicting utilities and provide a reasonable
time window of opportunity to the utility owners to relocate their facilities after the survey is provided by the
Contractor.
SP-10
3-10.4 Payment for Surveying
The payment for SURVEYING shall be included in respective items of work and shall include, but not to be limited
to Section 400-2, construction staking, location and/or relocation of conflicting utilities, locating survey monuments,
setting of survey monuments and center line ties, preparing and filing centerline tie sheets and Comer Records,
locating Bench Marks and notifying the County Surveyor's Office of same, professional office services and field
calculations, and Punishing all labor, materials, tools, equipment and incidentals for doing all work involved. No
additional compensation shall be allowed unless a separate bid item is provided.
3-12.1 Cleanup and Dust Control
Unless otherwise authorized by the Engineer, all surplus materials shall be removed from the site of the work
immediately after completion of the work causing the surplus materials. Unless the construction dictates otherwise,
and unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper
with spray nozzles at least once each working day to keep paved areas acceptably clean whenever construction,
including restoration, is incomplete.
Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to suspend work
until the condition is corrected; after filing notice to the Contractor, the Engineer may order this accomplished by
others. All costs thus incurred shall be deducted from the amount to be paid to the Contractor. No additional
compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed, or material used, to control dust resulting from the
Contractor's performance on the work, or by public traffic, either inside or outside the right-of-way. Full compensation
for such dust control will be considered as included in the prices paid for the various items of work involved.
3-12.6 Water Pollution Control
Discharge of storm water from construction sites that disturb land equal to or greater than one (1) acre must be in
compliance with the State General Construction Activity Permit (Construction Permit). The latest permit provisions
of the Construction Permit shall apply. The Contractor is required to contact the Santa Ana Regional Water Quality
Control Board (Regional Board) for all information contained in the Construction Permit. In the event project
construction occurs during the transition of revised Construction Permits, the Contractor shall incorporate the
necessary modifications specified by the revised Construction Permit within the time period specified in the new
Construction Permit.
Construction activity subject to the Construction Permit includes clearing, grading, disturbance to the ground such as
stockpiling, or excavation that results in soil disturbances of at least one acre of total land area. Construction activity
that results in soil disturbances of less than one acre is subject to the Construction Permit if the construction activity
is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if it is
determined that discharges from the project pose a significant threat to water quality.
The City will complete and file the Notice of Intent (NOI) and the Notice of Termination (NOT) for the city owned
projects.
A copy of the latest permit is available at
http://www.s%reb.ca.gov/water issues/oroerams/stormwater/construction.sbtml . The Contractor is hereby directed
to read the Construction Permit thoroughly and comply with the requirements as specified therein.
Storm Water Pollution Prevention Plan (SWPPP)
The Contractor shall ensure qualified personnel are employed for the preparation and implementation of a storm water
pollution prevention plan (SWPPP) as required by the Construction Permit. A qualified SWPPP developer (QSD)
shall be responsible for preparing all parts of the SWPPP as required by the Construction Permit including monitoring,
sampling, post construction BMPs. Project post construction BMPs can be obtained from the resident engineer for
use in completing the SWPPP.
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The completed SWPPP must be submitted to the resident engineer for City review and approval no later than 3 weeks
after Notice of Award of contract. The SWPPP must be signed by the City before construction begins. A copy of the
SWPPP must be available at the site at all times and any subsequent amendments or revisions shall be prepared by the
QSD. Implementation of the SWPPP shall be done by a qualified SWPPP practitioner (QSP) who shall be onsite at
all times to implement and comply with the project SWPPP for the duration of the project.
The QSP shall prepare the Rain Action Event form for any forecast storm events and perform all required site
inspections before and after a storm event and during extended storm events as required by the Construction Permit
to identify BMP effectiveness and implement repairs or BMP modifications as soon as possible. This also includes
conducting any required sampling of potential pollutant discharges. All tests shall be carried out in accordance with
the requirements of the Construction Permit.
All reports required by the Construction Permit shall be prepared by the QSD or QSP as appropriate and submitted to
the state online SMART system but first reviewed by the City prior to submittal.
Contractor shall be responsible for any penalties assessed against the City if the penalty assessed is due to Contractor's
violation of Construction Permit requirements, or Contractor's failure to fully implement and monitor SWPPP as
required.
Erosion and Sediment Control Plans
Full size, 34"x44", Erosion and Sediment Control Plans shall be prepared by the Contractor as part of the SWPPP that
identify adequate controls to prevent erosion and the discharge of sediment off -site. Payment for the Erosion and
Sediment Control Plans shall be included as part of the SWPPP.
3-12.7 Drainage Control
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work
herein contemplated. Such waters may interfere with Contractor's operations and may cause damage to adjacent or
down -stream private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly
controlled by the Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor will be required to control all water encountered during construction and shall use appropriate methods
of sediment control and debris barriers to prevent any contaminated water from entering the storm drain piping. These
methods shall include the placement of sand bags, filter fabric and fencing, berms, and other temporary barriers as
needed to comply with the City's requirements for construction activities. During the course of water control the
Contractor shall conduct construction operation to protect waters from being polluted with fuels, oils, bitumens or
other harmful materials, and shall be responsible for removing said materials in the event protective measures are not
effective.
The Contractor shall conduct his operation in such a manner that storm or other waters may proceed uninterrupted
along their existing street or drainage courses to prevent ponding of water during all phases of construction. Diversion
of water for short reaches to protect construction in progress will be permitted, if public or private properties in the
opinion of the Engineer are not subject to the probability of damage.
The Contractor shall maintain drainage within and through the work areas. The Contractor shall provide and maintain,
at construction site, ample means and devices with which to block, remove, and properly dispose of all water entering
the excavation. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when
necessary. Such dams shall be removed from the site as soon as their use is no longer necessary.
Contractor shall contact adjacent residents and businesses to turn off the irrigation systems that are impacting the
construction zone. Diversion of surface water including nuisance water from the excavation site and work area shall
be the responsibility of the contractor, and no separate compensation will be allowed for the removal of surface water
from the excavation site.
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3-12.8 Temporary Light, Power and Water
The Contractor shall be required to deposit with the City Water Division for a meter service charge of $1,000.00 for
each construction meter used on a City fire hydrant. The Contractor will be charged $2.00 per day rental on each
construction water meter, and the Contractor shall pay for the water used on the project. Water usage by the Contractor
shall be charged per hundred cubic foot.
The Contractor shall provide for his employees an adequate supply of potable drinking water, which shall be dispensed
through approved sanitary facilities.
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4-4 Testing
Quality Control (QC) and Acceptance Testing (AT)
Unless otherwise provided in the Special Provisions, all the testing of materials to be furnished by the Contractor, testing
of rock materials per Section 200, cement concrete, mortar and related materials per Section 201; masonry materials per
Section 202, bituminous materials per Section 203; soils and aggregate per Section 211, testing of materials placement,
testing of manufactured materials shall be the resoonsibility of the Contractor and shall be done by and under the
supervision and direction of a licensed California Registered Engineer or Geotechnical Engineer with experience in
sampling, and materials testing for and highway construction projects.
All the testing shall be done by a Caltrans certified company pre -qualified to perform all the necessary tests and which is
acceptable to the City of Orange.
Such material testing company shall determine the number of tests and frequencies of sampling in order for the company
to certify that all the material used for the work, its placement and the final product are tested to the requirements specified
as outlined in the special provision. As a minimum, the material sampling and testing shall be in conformance with the
Standard Specifications for testing methods and frequency of tests. The contractor shall obtain and test concrete cylinders
for all concrete pavement construction. The contractor shall supply the test results to the City for verification of
compliance with the concrete strength requirements specified in the contract documents.
All tests of materials tarnished by the Contractor shall be made in accordance with commonly recognized standards of
national organizations and such special methods and tests as are prescribed in these specifications.
No materials shall be used until they have been approved by the Engineer.
The materials to be delivered to the job site shall be tested and continuously monitored by the certifying company at the
source plant each day of the scheduled delivery. The testing company shall certify that material delivered on thejob site
is from the batch tested and approved by the company. The daily log and test results shall be available to the City
inspector at the job site at all times.
The material testing company shall inform the City inspector of their schedule of testing so as to allow the City Inspector
to randomly witness the testing.
The Contractor shall, at his expense, furnish the City, in triplicate, certified copies of all required factory and mill test
reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing
and inspection by the qualified testing company and a representative of the City shall not be incorporated in the work,
unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before
delivery is started and before such material is used in the work.
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Compaction of soil, fill material, over excavation, subgrade, aggregate base, asphalt concrete, trench backfilf shall be
tested by the testing company with number of tests and frequency as specified in the standard specifications. Copies of
all compaction tests shall be given to the Engineer within 48 hours after completion of material testing. All areas not
meeting the compaction requirements, shall be removed, reworked, or replaced by the contractor, until the testing results
in compliance with the compaction requirements. No extra payment will be made to the contractor of retesting of failed
material tests.
Manufactured materials delivered on the job site shall be certified by the manufacturer that the material complies with
all applicable tests. All the test data shall be furnished with such certification.
Unless otherwise specified, the cost of test of materials and continuous plant inspection shall be considered included in
various items of work and no additional compensation shall be allowed.
4-5.1 Buy America Requirements
Attention is directed to the `Buy America" requirements of the Surface Transportation Assistance Act of 1982
Section 165) and the Intennodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and
1048(a) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing
processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the
United States; with the exception that pig iron and processed, palletized and reduced iron ore manufactured outside
of the United States may be used in the domestic manufacturing process for such steel and iron materials. The
application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances
the value of such steel or iron shall be considered a manufacturing process subject to the "Buy America"
requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance", of the
Standard Specification, shall be furnished for steel and iron materials. The certificates, in addition to certifying that
the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the
materials occurred in the United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron
materials if the total combined cost of such materials used does not exceed one -tenth of one percent (0.1%) of the
total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable
documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into
work.
4-5.2 Alternative Equipment and Materials
Manufacturers warranties, guaranties, instruction sheets and parts lists, shall be furnished for all above ground
pedestrian signal equipment and hardware supplied on this project and shall be delivered to the Engineer before
acceptance of the contract.
Only equipment as documented and "APPROVED" by the Engineer prior to the start of construction can be supplied
on this project. All new equipment or items used on this entire project shall be "LIRE" and shall be the product of
one manufacturer. "LIKE" equipment means each item such as pedestrian heads, pedestrian mountings, pedestrian
buttons, and etc. shall be of the same manufacturer. All new "Pedestrian Mountings" shall be assembled by the
approved manufacturer or supplier of the equipment. (Not the Contractor)
Whenever certain of the plans or specifications provide that more than one specified method of constntction or more
than one specified type of construction equipment may be used to perform portions of the work and leave the
selection of the method of construction or the type of equipment to be used up by the Contractor, it is understood
that the City does not guarantee that every such method of construction or type of equipment can be successfully
used throughout all or any part of any project. It shall be the Contractor's responsibility to select and use the
alternative or alternatives which will satisfactorily perform the work under the condition encountered. In the event
some of the alternatives are not feasible or it is necessary to use more than one of the alternatives of any project, full
compensation for nay price paid for the item of work involved and no additional compensation will be allowed
therefore.
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SECTION 5 — LEGAL RELATIONS AND RESPONSIBILITIES
5-1 Laws and Regulations
The Contractor shall protect and indemnify the City, the City Council, the Engineer, and all of its officers, agents and
servants against any claim or liability arising from or based on the violation of any existing or future State, Federal or
Local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or
inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law,
ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing.
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems
appropriate.
5-3.2 Prevailing Wage Rates
For a project funded with federal funds as identified in the Legal Notice of the Project Specifications, all Federal
requirements, the Davis Bacon Act, in particular, shall apply for the project. The Federal Prevailing Wage
Rates attached in the Specifications shall apply. However, the state prevailing wage rates must apply to any
classification that has a higher rate under state prevailing wage rate. Contractor is required to pay its
employees the state prevailing wage rates when the prevailing wage rate is higher under the state than under
the federal prevailing wage rates for any job classifications.
The Contractor shall comply with the provisions of 1770 to 1780, 1810 to 1815, 1860 and 1861 inclusive, of the
California Labor Code, the latest prevailing rate and scale of wages established per the determination of the Director
of the Department of Industrial Relations, State of California, and any latest changes thereto, on file with the
Department of Public Works of the City of Orange, prior to the date on which notice inviting bids is last published in
a local newspaper. The Contractor shall comply with the requirement of the payment of travel and subsistence
payments to each worker on the work; he shall forfeit penalties prescribed therein for non-compliance of the said code.
The Contractor shall post and keep posted, for the duration of the contract, a copy of said prevailing rates at the job
site.
Contractor's attention is directed to the expiration dates of the wage decisions of each craft. Contractor's bid shall
include any increase in labor cost anticipated after these expiration dates and no additional compensation will be
allowed for such increases.
Copies of the State general prevailing wage rates are not sold at the City of Orange, but the prevailing wage rates are
available for review at the Department of Public Works. Contractor can purchase the State general prevailing wage
rates from the Department of Industrial Relations, Division of Labor Statistics and Research, Prevailing Wage Unit,
455 Golden Gate Avenue, 5th Floor, Room 5184, P.O. Box 420603, San Francisco, CA 94142-0603, telephone
number (415) 703-4774.
In order to verify the compliance to the said code, the Contractor shall keep an accurate weekly record, for the duration
of the contract period, of his and his sub -contractor's payroll statements showing wages paid each employee during
each week and the employee work classification. The Contractor shall preserve such record for ninety (90) days after
the date or recordation of the notice of completion of the contract and upon written notification by the Engineer these
shall be submitted within ten (10) days to the Engineer for checking. Using State Form DH-C-347, Payroll Statement
of Compliance, is an acceptable method of fulfilling the above requirement.
Certified Payroll Reports, Statement of Compliance and Fringe Benefit Statement must be signed by President or
Owner of the Company including all subcontractors. Contractor may submit a letter of authorization for authorizing
an individual such as, payroll officer, office manager, and secretary to sign all certified payroll reports. This letter
must be submitted with the first certified payroll report.
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Contractor shall indemnify, protect, defend and hold harmless the City and its officers, employees, contractors and
agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost,
expense (including reasonable attorney fees, court and litigation costs, and fees of expert witnesses) which results or
arises in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including,
without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay
state prevailing wages). It is agreed by the parties that Contractor shall bear all risks of payment or non-payment of
state prevailing wages. The foregoing indemnity shall survive termination of the contract and shall continue after
completion and acceptance of the work.
5-3.5 Apprentices and Fair Employment Practices
Attention is directed to the provisions in Section 1777.5 and 1777.6, Division 2, Part 4.5 and Division 3, Chapter 4 of
the California Labor Code concerning fair employment practices and the employment of apprentices by the Contractor
or any sub -contractor under him. The Contractor and any sub -contractor under him shall comply with the requirements
of said sections in the employment of apprentices, and fair employment practices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the
Director of Industrial Relations, Ex-officio the Administrator of Apprenticeship, San Francisco, California, or from
the Division of Apprenticeship Standards or its branch offices.
5-4 Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability
insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $I,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: As required by the State of California.
4. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers,
officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the
following provisions:
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1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to
liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with
respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials,
parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided
in the form of an Additional Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 1 185 or such other
form as may be acceptable to the City) to the Contractor's insurance policy, or as a separate owner's policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials and employees. Any insurance or self-insurance maintained by the City, its officers,
officials and employees shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either
party, except after thirty (30) days' prior written notice has been provided to the City
The Contractor shall famish the City with original certificates of insurance and endorsements effecting coverage
required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements
are to be received and approved by the City before work commences. However, failure to do so shall not operate as
a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications at any
time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent
line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better
by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease
performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance
or self -insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of
set-off from any sums owed Contractor.
Contractor hereby agrees to waive subrogation which any insurer of the Contractor may acquire from the Contractor
by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect
this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Contractor, its employees, agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements
stated herein.
5-9 Public Safety
The Contractor shall have at the worksite copies of suitable extracts of the most current edition of the California
Occupational Safety and Health Act as superseded by Federal Occupational Safety and Health Act. The Contractor
shall comply with provisions of these and all other applicable laws, ordinances and regulations.
SECTION 6 — PROSECUTION AND PROGRESS OF THE WORK
6-1 Construction Schedule and Commencement of the Work
6-1.1 Construction Schedule
Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the
Engineer. The purpose ofthis meeting is to coordinate the activities of the Contractor within the limits of this contract,
review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit at
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this meeting, for approval by the Engineer, the schedule required in the Standard Specifications showing the number
of calendar days required to complete the project.
The Construction Schedule must be submitted to the City for review and approval at the Pre -Construction Meeting.
The Contractor cannot start any work until the construction schedule has been accepted by the City. The construction
schedule must be prepared using Critical Path Method (CPM) and shall be revised and resubmitted if the schedule
fails to reflect the actual progress.
6-1.2 Commence of the Work
The Contract Time shall commence upon the project start date identified in the Notice to Proceed issued to the
Contractor. The Contractor shall not begin any construction on this project prior to this date, unless explicitly
authorized by the Engineer. Work on non -construction items such as Traffic Control Plans, CMS signs placement,
and Public Notification may begin before the date identified in the Notice to Proceed, if approved by the Engineer.
The Contractor shall begin the Work within 10 days of the date stipulated in the Notice to Proceed and shall diligently
prosecute the Contract to completion within the time limit provided in the Contract. Failure to begin work on the project
within 10 days after the Notice to Proceed date may be considered as grounds for termination of the contract due to
contractor breach as described in Section 64, Termination for Breach.
Work shall not commence prior to approval of a Baseline Construction Schedule by the Engineer. The Contractor's
failure to submit an acceptable Construction Schedule prior to the project start date identified in the Notice to Proceed
shall not entitle him to an extension of time or additional working days.
The Contractor shall notify the Agency Representative of his intent to begin work at least two (2) working days prior to
the start of any scheduled or rescheduled work.
6-1.4 Public Works Inspection Outline
The City of Orange requires inspection at the minimum, but not limited to, the following outline.
I. Required Inspections
A. Sewer main, lateral and structures
B. Storm drain pipe and structures
C. Curb and gutter, sidewalk, aprons, curb returns and cross gutters
D. Subgrade, rock grade and paving (in street areas)
E. Backfill of all utility trenches in the public right-of-way, easements and private streets
II. Conformance with the Approved Traffic Control and Traffic Safety Plan
Inspections and requirements for each of these areas are explained below.
If any work requiring inspection is covered or concealed by additional work without first having been inspected,
the Construction Inspector shall require, by written notice, that such work be exposed for examination.
A. Sewer main, lateral and structures
1. Department of Industrial Safety Permit
2. Certificate of Compliance
3. Trenching operations
4. Pipe laying and bedding
5. Manhole bases and shafts
6. Backfill of trenches
a. 90% relative Compaction
b. Trenches must be compacted before any concrete structures can be placed over top of said trenches.
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7. Low pressure air test
a. Per N. C. P. I. procedures and tables
b. Shall be performed in presence of inspector upon completion of Compaction of all utility trenches.
c. Test shall be performed prior to paving
8. Raising manholes
9. Balling of main line
B. Storm drain pipe and structures
1. Department of Industrial Safety Permit
2. Certificate of Compliance
3. Trenching operations
4. Pipe laying and bedding
5. Excavation for structures
6. Structure forms
7. Steel placement
8. Placing of concrete
9. Placing of structure backfill
10. Backfill of trenches
a. Refer to Item A-6a, b; "Sewer trench backfill"
11. Raising of manholes
12. Final inspection
a. Upon completion of all street improvements as required by plans
C. Curb and gutter, sidewalk, apron, curb return and cross gutter
1. Subgrade
a. Prior to placement of concrete
2. Forms
3. Placement of concrete
4. Copies of all concrete tickets
5. See Item A-6b; "Sewer trench backfill"
D. Subgrade, rock grade and paving
1. Compaction
a. Subgrade: 90%R, C.
b. Rock grade: 95%R. C.
2. Compliance with plan grade and depth
3. Prime and tack
4. Headers, if required
5. Placement of asphalt concrete
6. Copies of all aggregate base and asphalt concrete tickets
7. See Item A-7a, b; "Low pressure air test"
E. Backfill of all utility trenches in the public right -of --way, easements and private streets
1. See Item A-6; "Sewer trench backfill"
F. Traffic Signal Inspection
All traffic signal installations are to be inspected by the Traffic Engineering Division. Requests for inspection
shall be made at least 48 hours in advance of the actual time work is to be performed. The Contractor shall be
responsible for notifying the Traffic Engineering Division when such work is ready for inspection. Should work
be covered without inspection or approval, it shall, if so ordered be uncovered at the Contractor's expense.
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At all times the work site shall be open and accessible to an inspection by a duly authorized representative of
the City of Orange Traffic Engineer or Operations Manager.
G. Signing and Striping
1. Layout
2. Application
3. RPM Installation
6-2 Prosecution of Work
To minimize public inconvenience and possible hazard, restore street and other work areas to their original condition
as soon as practicable, and allow for cooperative work by the City, the Contractor shall prosecute the work to
completion without break or interruption, achieving at least 50%of the average daily production except for conditions
defined in Subsection 6-6-1. If as determined by the Engineer, the Contractor fails to prosecute the work to the extent
that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately
take steps necessary to fully accomplish said purposes. All costs of prosecuting the work as described herein shall be
included in the Contractor's bid. Should the Contractor fail to take the necessary steps to fully accomplish said
purposes, after orders from the Engineer to do so, the Engineer may suspend the work in whole or in part, until the
Contractor takes said steps, or may pursue alternate means of seeking compliance. In addition, the Contractor is
required to adhere to the following requirements prior to the placement of asphalt resurfacing on any street:
1) Construction of PCS, shall be completed in accordance with the approved traffic control plans provided by
the Contractor to the City. Phasing of all work must be approved by the City engineer prior to construction.
2) The Contractor shall maintain access to local businesses at all times.
6-3 Time of Completion
Once the date of contract is established by the Successor Agency, the Contractor shall strictly adhere to the time of
completion in calendar days set forth in the proposal and any legal extensions granted thereto by the Successor
Agency in accordance with the terms of the specifications. He shall keep his own record of number of calendar days
originally specified in the proposal and the number of days remaining in the contract time.
6-3.3 Working Day
Normal working hours are from 7:00 A.M. to 4:00 P.M. for local streets and from 8:30 A.M. to 3:30 P.M. for arterial
streets. Working days shall be limited to Monday through Friday, excluding all City observed holidays, and no work
will be permitted outside normal working hours except under extraordinary circumstances and with prior approval of
the City Engineer.
6-4.2 Extension of Time
In the event the work called for under the contract is not finished and completed in all parts and requirements within
the time specified, the City Council shall have the right to increase the numberof calendar days for completion or not,
as may seem best to serve the interest of the City.
Except for the delays beyond Contractor's control as described in Sections 64.1 and 402-5, the City shall have the
right to charge the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or
any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence and other overhead
expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions
except that the cost of the final services and preparation of the final estimates shall not be included in such charges.
In addition to the above charges, Contractor shall pay to the Successor Agency liquidated damages as specified in
Section 6-9 for such delays.
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No extension of time for the completion of the work called for under the contract shall be allowed unless at least
twenty (20) days prior to the time fixed for the completion thereof, or the time fixed by the Successor Agency Board
of Directors or its designee for such completion as extended, Contractor shall have filed application for extension
thereof, in writing, with the Engineer.
6-9 Liquidated Damages
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Subsection 6-6, for
the completion of the work the Contractor shall pay to the City, or have withheld monies due it, , the sum of $500 per
day.
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Subsection 6-6, for
completion of the work and submission of all paperwork sixty (60) calendar days after Notice of Completion, the
Contractor shall pay to the City or have withheld from monies due it, the sum of $250 per day. The submission of
all paperwork includes but not limited to Certified Payroll Records, Final Report Utilization of DBE, Final
Compaction Report, Copies of Recorded Centerline Ties with the County Surveyor's office, Record drawings (As -
built), Material Disposal/Recycle Form, and Executed Final Contract Change Order, and any necessary documents to
close-out the project.
SECTION 7 - MEASUREMENT & PAYMENT
7-2.1 Final Pay Quantity
When an item of work is designated as a final pay quantity in the Method of Measurement, or Basis of Payment, or
Bid Schedule as (F), the estimated bid quantity for that item of work shall be the final pay quantity, unless the
dimensions of any portion or the quantity of that item are revised by the Engineer, or the item or any portion of the
item is eliminated. If the dimensions of any portion or the quantity of the item are revised, and the revision results in
an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised
in the amount represented by the changes in the dimensions or the quantity. The Contract Unit Price adjustment will
be per Section 7-3.5 Contract Unit Price.
If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item
is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of
work. The estimated quantity for each item of work designated as a final pay quantity in the Method of Measurement
or Basis of Payment or Bid Schedule shall be considered as approximate only, and no guarantee is made that the
quantity which can be determined by computations, based on the details and dimensions shown on the plans, will
equal the estimated quantity. No adjustment will be made in the event that the quantity based on computations does
not equal the estimated quantity except under the following conditions: In case of discrepancy between the quantity
shown in the Bid Schedule for a final pay item and the quantity or summation of quantities for the same item shown
on the plans or in the proposal, payment will be based on the quantity shown in the Bid Schedule.
7-3.2 Partial and Final Payment
Partial payments, except the final payment, shall not be made for periods of less than one month. To claim a partial
payment on the amount due or the final payment itself, the Contractor shall obtain approval of measurement of quantity
of work completed from the City inspector and shall prepare an invoice showing bid items, unit bid price, quantity
completed, quantity previously paid, total quantity as of the date of invoice, amount claimed in the invoice, previous
payment, amount to be retained, and the contract amount unless satisfactory substitution as permitted by the provisions
of this section are provided by the Contractor; the amount to be retained by the City shall be 5%of the work completed
as of the date of the payment request. The invoice shall be submitted to the Project Manager, payments are made by
the Finance Department the following week in which they are approved.
After completion of the contract, the City Council shall, upon recommendation of the Engineer, accept the work as
completed and authorize the final payment.
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The final payment shall be the entire sum found to be due the Contractor after deducting there from all previous
payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior
partial estimates and payments shall be subject to correction in the final estimate and payment.
The final payment of the retention amount to the Contractor shall be made thirty-five (35) days from the date of the
recording of the Notice of Completion of the work after it is accepted by the City and shall be made on a duly certified
voucher therefore, except as State Law may permit Contractor to receive said final payment prior to said thirty-five
35) day period after acceptance of work by City.
It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract,
except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this
contract; no payment shall be construed to be an acceptance of any defective work or improper material.
Unless a written notice of protest disagreeing with the approved final payment and a notice of intentions of additional
claims is filed with the Engineer prior to acceptance of the approved final payment, the acceptance of the final payment
by the Contractor shall release the City, the City Council, and the Engineer from any and all claims or liabilities on
account of work performed by the Contractor under the contract or any alterations thereof.
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of
Orange. Any delay or postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the City of Orange. This clause applies to both DBE and non -DBE
subcontractors.
The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced
time frame may occur only for good cause following written approval of the City of Orange. This clause applies to
both DBE and non -DBE subcontractors.
7-3.2.1 Substitution of Securities for Retention
In lieu of the City's retaining a portion of progress payments due a contractor, the contractor may elect to deposit
qualifying securities equivalent to the amount to be held. Upon such deposit under an escrow agreement, the funds
must be released. The California Public Contract Code specifies the exact form of escrow agreement (Contract Code
Section 22300, Subdivision E).
7-3.3 Delivered Materials
Materials delivered, but not in place, will not be classed as work done, except as otherwise provided in the
specifications.
7-3.4 Mobilization
Mobilization shall include the costs incurred by the Contractor for providing bonds, insurance, permits and licenses
m required; initial move -in costs of labor, equipment tools, materials and incidentals; all subsequent move -in and
move -out costs for construction of the different items of work required by either the Contractor's operations or due to
the coordination required by the Contractor with subcontractors, utility agency work, or unforeseen delays described
in Section 6-6.1 beyond the control of both the Contractor and the City; and all the preparatory work and operations
for which no separate bid item is provided in the proposal.
Payment for mobilization shall be made either at the lump sum price bid for mobilization or at the fixed price provided
in the proposal by the City. A payment in the amount of 80% of the mobilization item shall be included in the first
partial payment and the remaining 20% shall be included in the final payment, except m otherwise stated in Section
9-3.2.
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Payment for MOBILIZATION shall be considered to be included in the various items of work if no separate bid item
for mobilization is provided for in the proposal.
7,3.5 Contract Unit Prices
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve a
substantial change in character of the work from that shown on the Plans or included in the Specification, then an
adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the
Contractor Unit Price.
In the case of such an increase or decrease in a Major Bid Item, the use of this basis for the adjustment of payment
will be limited to that portion of the change, which together with all previous changes to that item, is not in excess of
25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustment in excess
of 25 percent may be done by extension of Contract Unit Prices as described above, or pursuant to Section 7-3.5.3.
A Major Bid Item is identified as a Bid Item that has a total cost of $50,000 minimum or 10% of the Total Contract
Cost whichever is greater.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial
change in character of the work from that shown on the Plans or included in the Specifications, an adjustment will be
made in accordance with Section 7-3.5.3.
Should any Contract item be deleted in its entirety, payment will be made only for actual costs incurred prior to
notification of such deletion.
7-4.1 Extra Work: General
If the City and the Contractor cannot reach an agreement to establish an agreed lump sum price or stipulated unit
prices, the City reserves the right to direct the Contractor to perform such work using an acceptable substitute
subcontractor. The City may order the Contractor to obtain bids from three or more subcontractors to perform such
work. Upon written approval of a subcontractor selected by the Engineer, the Contractor shall enter into a subcontract
with such subcontractor to perform such work. All the Contractors markups shall be in accordance with the provisions
of Section 7-4.3.
The extra work as defined in this section of Standard Specifications, and any work done beyond the lines and grades
shown on the plans, shall only be performed when ordered in writing by the Engineer. In absence of such written
order, any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed
at the Contractor's expense.
7-4.2 Basis for Establishing Labor Costs
The cost of labor shall be the actual cost for wages of workers performing the extra work based on basic hourly rate
plus fringe benefits paid in accordance with the certified payroll statements, plus a labor surcharge of twenty (20%)
percent. This labor surcharge shall be considered to include employer payment of payroll taxes, worker's
compensation insurance, liability insurance, social security, Medicare, Federal and State unemployment, and the State
training taxes. All other compensation to the Contractor for labor on extra work shall be considered included in the
fifteen (15%) percent markup for overhead and profits as amended in Section 7-4.3.
7-4.2.3 Tool and Equipment Rental
When the rental rate of equipment includes an operator, the work performed by such rented equipment shall be
considered subcontracted work and compensation shall be made to the prime contractor pursuant to Section 7-4.3.2.
Any owned equipment rate shall be determined by Caltrans Equipment Rate latest edition.
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7-4.3 Markup
7-4.3.1 Work by Contractor
A combined single mark up of 15% shall be allowed for labor, material, equipment rental, bonding, and other items
and expenditures and shall constitute for all overhead and profit.
7-4.3.2 Work by Subcontractor
When any ofthe extra work is performed by a subcontractor, the markup established in Section 7-4.3.1 shall be applied
to the subcontractor's costs as determined under Section 7-4.2. Contractor is allowed to markup 5%to the sum of the
subcontractor's costs and markup for all overhead and profit for the contractor on work by the existing subcontractor.
Contractor can markup 10% to the sum of the subcontractor's costs and markup for all bonding, overhead, and profit
for the contractor on work by a new subcontractor.
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
Provisions of this section do not apply unless otherwise provided in Special Provisions.
PART 2
CONSTRUCTION MATERIALS
SECTION 218 - ELECTRICAL COMPONENTS
Where applicable, Southern California Edison Company Standard Specifications and Standard Plans shall also apply
PART 3
CONSTRUCTION METHODS
SECTION 310 - PAINTING
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
This subsection, et seq., is added. Refer to the "Caltmns" Standard Specifications sections referenced herein for these
additions to the "Standard Specifications".
CALTRANS" STANDARD SPECIFICATIONS
The following Sections of the "Caltrans" Standard Specifications, and California Manual on Uniform Traffic
Control Devices latest editions, shall be used for all work specified in these sections:
Section 15: Traffic Striping Removals
Section 56: Signs
Section 84: Traffic Stripes and Pavement Markings (sprayable thermoplastic & thermoplastic)
Section 85: Pavement Markers
The following additions, as revised, to Sections 15, 56,84,and 85, of"Caltrans" Standard Plans and Specification
latest edition shall apply:
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SECTION 15 - TRAFFIC STRIPES AND PAVEMENT MARKINGS
15-2.02B Traffic Stripes and Pavement Markings (Sandblasting)
This section is modified as follows:
Traffic stripes and pavement markings shall be removed to the fullest extent possible from pavement by wet
sandblasting or pavement grindings as approved by the Engineer. Sand deposited on pavement as markings
are removed shall be cleaned up by a street sweeper, all sidewalk areas shall be kept clean of all removal
sand that accumulates and might interfere with or constitute a hazard to vehicular traffic or pedestrian travel.
Upon removal of existing striping, Contractor shall place temporary pavement lane tabs or pavement striping
as required for control of traffic operations and as directed by the Engineer.
SECTION 56 - TRAFFIC SIGNS
56-2.06 Traffic Signs - Payment
Unless provided with a separate bid item, payment for traffic signs in addition to those items in Section 56-
2.06 shall be considered included in the lump sum bid item "Traffic Striping/Pavement Delineation"
and shall include the removal of existing signs and posts. At the direction of the Traffic Engineer, select
signs shall be salvaged and taken to the City Corporation Yard at 637 West Struck Avenue. All new or
relocated traffic signs shall be installed on two (2) inch square Telespar posts.
SECTION 84 -TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-1 General
All traffic striping, markings, and all other directional information that is eliminated due to construction shall be
repainted and/or replaced by the Contractor as designated and approved by the Engineer.
Temporary or alterations to the existing traffic striping and markings shall be removed by wet sandblasting (or by
other approved methods) when they are no longer required.
All existing traffic striping and markings, which will conflict with the new traffic stripes and markings, shall be
removed by wet sandblasting (or by other approved methods).
All new traffic striping shall join existing traffic striping.
Traffic striping and markings plan shall supersede the "Caltrans" Standard Plans. All other striping, pavement
marking, and curb marking not designated on the plans shall be done in accordance with the latest "Caltrans Standard
Plans and Specifications" for Construction of Local Streets and Roads.
Sprayable thermoplastic (yellow or white) shall be used for all traffic striping (traffic lines). Thermoplastic shall be
used for all pavement markings and legends.
Any improperly installed striping and markers shall be removed by the Contractor at the Contractor's expense. All
new traffic striping shall join existing traffic striping.
84-1.02 Control of Alignment and Layout
Prior to permanent paint application, the layout spotted in advance shall be approved by the Engineer. All new traffic
striping shall join existing traffic striping.
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84-2 Thermoplastic Traffic Stripes, and Pavement Markings
84-2.01 General
This work shall consist of furnishing and applying thermoplastic traffic stripes and pavement markings, including
glass beads
84-2.02 Materials
The thermoplastic material shall conform State Specification PTH-02ALKYD. Glass beads to be applied to the
surface of the molten thermoplastic material shall conform to the requirements of State Specification 8010-004 (Type
II).
State Specifications for thermoplastic material and glass beads may be obtained from the Transportation Laboratory
striping (traffic lines).
Thermoplastic shall be used for all pavement markings and legends.
84-2.03B Extruded Thermoplastic
Thermoplastic traffic stripes shall be applied in accordance with the requirements specified for applying thermoplastic
traffic stripes. Extrusion method shall be used for application of thermoplastic with a minimum thickness of 0.090-inch.
Thermoplastic (yellow and white) shall be used for all traffic striping (traffic lines).
Thermoplastic shall be used for all pavement markings and legends.
84-3.06 Measurement and Payment
In addition to items specified in Section 84-3.06, all costs for temporary pavement painting and detour traffic control for
the convenience of the Contractor, including costs for the removal by wet sandblasting of existing and/or temporary
markings that conflict with final traffic markings shall be included in the lump sum bid price for Traffic Control and no
additional payment will be made to the Contractor.
The lump sum contract price for traffic striping and markings shall include any additional traffic striping required tojoin
existing traffic striping, placement of all raised pavement markers including blue pavement markers for fire hydrant
locations.
84-4.07 Stencils (Thermoplastic)
Stencils and the use thereof shall conform to the following requirements:
Legends shall not be repainted or installed with as determined by the Engineer, incompatible stencils. All
stenciling shall match City of Orange stencils.
84-4.08 Working Hours and Lane Closure Instructions
Thermoplastic and sprayable thermoplastic installation shall include lines, legends, cross walks, and all associated
preparatory and protective activity and devices shall be allowed only during the following hours unless otherwise
approved or directed by the Engineer:
Daytime Work: 9:00 a.m. to 4:00 p.m.
Nighttime Work: 10:00 p.m. to 6:00 a.m.
All street striping installation on major and primary arterial streets lines only) shall be painted during evening hours of
10:00 p.m. to 6:00 a.m.
Legend installation of major and primary arterial streets (three thru travel lanes) shall allow for two (2) thru lanes in each
direction to remain open at all times.
Legend installation on primary and secondary arterial streets (two thru travel lanes) shall allow for one (1) thou travel
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lane in each direction to remain open at all times.
All single left turn lane closures for legend painting shall be properly signed for "NO LEFT TURN".
1) All dual left turn lane closures shall allow for one lane to remain open at all times.
85-1.09 Payment
The lump sum contract price for traffic striping and pavement markers includes full compensation for all labor, materials
and equipment in furnishing and placing pavement markers, including Type B (Blue) pavement markers, complete in
place including adhesives' as shown on the plans, as specified in the Specifications and these Special Provisions, and as
directed by the Engineer.
PART 4
EXISTING IMPROVEMENTS
SECTION 400 - PROTECTION AND RESTORATION
400-1.1 Protection and Restoration of Existing Facilities
The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall
exercise due caution to avoid damage to such property.
Contractor shall protect all existing improvements within the right-of-way, which are not designated for removal.
Existing improvements damaged by the contractor as a result of his operations shall be repaired or replaced by the
Contractor at no cost to the property owner or Successor Agency.
Sprinkler systems damaged by the Contractor shall be repaired to working operation within 48 hours to the satisfaction
of the Engineer. Repairs shall be made with salvaged equipment or new irrigation risers and heads as required to
match existing irrigation improvements adjacent to work area.
Prior to backfilling area adjacent to curb repairs, the excavation shall be compacted and graded level or at a slope not
to exceed l(vert) to 4 (horiz). Grass parkways shall be overseeded with lawn seed and topper to the satisfaction of
the Engineer.
Contractor shall restore all house numbers on new curb areas. No additional compensation will be allowed.
SECTION 402 - UTILITIES
402-1 Location
Contractor shall carefully excavate in the vicinity and shall locate all utilities marked by the Underground Service
Alert. The Contractor shall be responsible for any damage to existing utilities as marked, regardless of exact location.
The Contractor is required to assume that each property will be served by a sewer lateral. The sewer laterals are not
the property ofthe City of Orange and these laterals from sewer main to the property belong to each individual property
owner. The Contractor shall contact each property owner to determine the location and depths of such laterals and
shall protect these in place. Full compensation for protecting such laterals in place shall be considered included in the
prices bid for items of work which may affect such laterals
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Revise fifth paragraph of the Standard Specifications (Green Book) to read
The Contractor shall notify each owner of the subsurface installations, including the service connections, and shall
determine the exact location and depth of subsurface installation as approximately marked by the respective owners,
which may affect or be affected by the Contractor's operations. The City of Orange shall not be responsible for any
compensation to the Contractor for any unmarked or incorrectly marked approximate locations by the respective
owners. If no pay item is provided in the contract for this work, full compensation for such work shall be considered
as included in the prices bid for other items of work. "Subsurface Installation" in this section means any underground
pipeline, conduit, duct, wire, or other structure, except non -pressurized sewer lines, non -pressurized storm drains, or
other non -pressurized drain pipes, operated or maintained in or across public streets or public right-of-way.
4024 Relocation
Any underground utilities marked by the Underground Service Alert and conflicting with the work to be done by the
contractor, and the utilities shown on the plans as to be relocated by others, will be relocated by the respective utility
owners at no cost to the contractor. If such utilities are not relocated by the utility owners prior to the contract award,
the contractor shall perform all the necessary work in the contract and provide a time window for the utility owners to
commence and complete their work. The contractor shall be entitled to extension of time without any additional
compensation for the delays attributed to such relocation. The Engineer shall have the right to direct the contractor
and perform such relocation at compensation to be paid for in accordance with section 3-2.
Any miscellaneous items to be relocated by the Contractor, as indicated on the plans, shall be relocated in a
workmanlike manner and all such work shall be done in cooperation with the utility owner; the Contractor shall be
responsible for any costs resulting from the Contractor's failure to do the work at such times as are acceptable to the
owner. The Contractor shall notify owners at least forty-eight (48) hours in advance of any work on any of their
facilities.
All existing and conflicting items to be relocated by Contractor shall be inspected carefully by Contractor prior to
removing and doing all the work necessary for relocating such items at the designated location without any
modifications. If any modifications are required to such items due to Contractor's negligence in verifying the nature
of work prior to relocation, Contractor shall prepare plans and submit for Engineer's approval to such modifications
and shall make such modifications at no additional compensation.
402-6 Cooperation
Contractor shall maintain access to schools, private properties and commercial areas at all times during project
operations. The Contractor shall make all efforts to coordinate their construction on the streets.
Slurry seal shall not be applied to any streets of any areas on days scheduled for trash pickup, unless prior arrangements
have been made with refuse collector, and approved by the Engineer.
PART 6
TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-4 Public Convenience and Safety
The Contractor shall notify the following entities at least forty-eight hours in advance of any street construction or
restriction to access, if applicable:
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1. City of Orange Fire Department: 288-2500
2. City of Orange Police Department: 744-7462
3. Ambulance Services: 521-2334
4. Orange Unified School District: 997-6101
5. Trash Collection/Street Sweeping: 637-3010
6. Post Office: 997-1255
7. City of Orange Water Department: 288-2475
The Contractor shall also be required to post and subsequently remove temporary "Tow Away No Parking" signs
along adjacent work zones no less and no more than l-week prior to scheduled work dates. The signs will be furnished
upon request by the City. The Contractor shall fill in the day and date for the scheduled work.
The Contractor shall be responsible for adequate barricading of the work area and controlling traffic in the vicinity of
the project as specified in Subsection 7-10, Traffic and Access and these special provisions. Barricades shall be staged
and ready for controlling traffic, but no street shall be closed. The Contractor shall maintain the traffic control devices
deployed for controlling all work operations. The Contractor shall protect the new surface from damage or defacing,
the Contractor shall repair any damage to new improvements at no additional cost to the City until work is accepted
by the City.
At the end of each day's work and at other times when construction operations are completed or suspended, the
contractor may park construction equipment and vehicles within the street right-of-way as approved by the Engineer.
Vehicles and equipment shall be secured, and placed in locations out of travel lanes alongside the far right side of the
roadway. Contractor will be required to place barricades around equipment and materials placed within the roadway
to remain overnight or for a period of time exceeding 24-hours.
No material or other obstructions shall be placed within fifteen (15) feet of any fire hydrant which shall at all times be
readily accessible to the Fire Department. Traffic control shall conform to the provisions of the latest edition of the
Work Area Traffic Control Handbook (WATCH) published by Building News, Inc.
At least seven (7) calendar days prior to beginning work, the Contractor shall distribute notices to all residences and
businesses adjacent to or affected by the proposed work. Said notices shall be prepared and printed by the City and
shall be served by the Contractor's representative in person to each residence and business as practicable. Failure of
the Contractor to properly serve said notices shall be cause for suspension of work until compliance with this
requirement is achieved. No extension of time will be allowed to the Contractor for lost time due to his failure to
distribute said notices in a timely manner or from suspension of work due to non-compliance.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants, commercial and
industrial establishments, churches, schools, parking lots, service station hospitals, and establishments of similar
nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer.
Vehicular access to residential and commercial driveways shall be maintained to the property line except when
necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such
extent that safe access may be provided and the street opened to local traffic, the Contractor shall immediately clear
the street and driveways and provide and maintain access.
Contractor shall not store construction equipment within public right-of-way. Construction site must be swept and
washed clean at the end of each work day. The City is not obligated to provide storage yard for materials, equipment,
and construction site debris.
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Contractor shall install two construction advisory signs (4' x 8' — 2 posts) two weeks prior to construction as
determined and directed by the Engineer. If there is not a separate bid item for the signs, the cost shall be included in
the various items of work and no additional compensation shall be made thereof.
Federally Funded Project - HSIP
Pedestrian Count Down Signals (PCS) at Various Locations
Approximate Starting Date:
Construction Duration:
Payment for the requirements of Public Convenience including all labor equipment, tools, materials and incidentals
required to complete the work shall be included in the contract prices bid for the various items of work involved. No
additional compensation will be allowed therefore.
6004.1 Traffic and Access
The Contractor's operations shall cause no unnecessary inconvenience. The Contractor shall immediately remove
any spillage resulting from its hauling operation along or across any public travel way. The access rights of the public
shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work area,
or an approved detour shall be provided.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the Engineer
may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished
and installed immediately by the Contractor at his expense. If attention is directed to the existence of a hazard and
the Contractor fails to provide such devices, said devices will be placed or caused to be placed by the City. The cost
of placement of these devices shall be the sole responsibility of the Contractor and shall be paid for at the rate of
50.00 per call -out plus $25.00 per traffic control device for each 24 hours, or fraction thereof, that the device is
required. Said costs shall be deducted from the total of contract price for the work.
Each traffic control, warning, and guidance device required for the work shall be continuously monitored by the
Contractor for its adequacy, including, but not limited to:
type
location and placement
size
reflectivity (if to be in place during darkness)
condition of repair
The overall work site traffic control, warning, and guidance effort shall be continuously monitored by the Contractor
for its adequacy in detouring traffic around, or circulating traffic through the work area. Any deficiencies by the
Contractor in such monitoring, or correcting inadequate work -site signing, shall be considered just cause for the
Engineer or his representative to suspend the work. The decisions made by the Engineer in this regard shall be final.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal
of trash and garbage to maintain existing schedules for these services.
Special Attention is directed to the presence of schools in the various areas and a high incidence of pedestrian,
bicycle and bus traffic. Construction activities, detouring and traffic control should reflect this condition and be
coordinated with each individual school official. Contractor shall coordinate with school to minimize inconvenience,
Bus schedules, etc.
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SECTION 601- WORK AREA TRAFFIC CONTROL
601-2 Traffic Control Plan (TCP)
DELETEfirst paragraph, and REPLACE with the follmwing:
Description: This work shall include, but not be limited to, providing delineation, lighted barricades, flashing arrow
boards, signing for detours, traffic channelization, 'No Parking" signs for public safety. This work shall also include
the preparation of traffic control plans, and supplemental traffic control plans as required, prepared by a California
Licensed Traffic Engineer hired by the Contractor and approved by the City Traffic Engineer.
ADD the following:
601-2.1 Street Closures, Detours, Barricades
Description: This work shall include, but not be limited to, providing delineation, lighted barricades, flashing arrow
boards, signing for detours, traffic channelization,'No Parking" signs for public safety. This work shall also include
providing traffic control plan, or supplemental traffic control plan as required, prepared by a California Licensed
Traffic Engineer hired by the Contractor and approved by the City Traffic Engineer.
Construction: Traffic control shall conform to applicable provisions of the contract plans, Standard Specifications and
these special provisions.
Any changes in provided Traffic Control Plans shall be prepared by the Contractor and shall be approved by the City
Engineer prior to work.
The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times.
The Contractor shall provide temporary asphalt concrete ramps at grind areas against existing asphalt concrete pavement
All warning lights, signs, barricades, delineators, detours, and other facilities for the convenience and direction of public
traffic shall be famished and maintained by the Contractor. All traffic control shall conform to, and be placed in
accordance with current "State of California", Manual of Traffic Controls" for construction and maintenance work zones
and the latest updated version of the "Work Area Traffic Control Handbook" (WATCH). Flashing arrow, signs shall be
furnished and maintained as directed by the Engineer.
The Contractor shall follow and implement the City approved traffic staging plans included in the plan set. The staging
plans shall be used by the Contractor to construct the necessary street improvements while maintaining the minimum
lane configurations and turn movements as established by the City Traffic Engineer. The Contractor has the option to
revise and submit new traffic control plans prepared by a licensed Tmffic Engineer to the City should the Contractor
request a change in the construction staging operations.
Copies of any revised traffic plans shall be submitted 10 days prior to the preconstruction meeting for review by the City
Traffic Engineer.
During normal working hours as described in Section 6-7.1, on arterial streets, a minimum of one traffic lane in each
direction shall be maintained where excavations necessitate. If left turn pocket existed, it shall be maintained. No lane
closures or construction will be permitted on any street on Saturdays, Sundays, or legal holidays unless authorized by the
City Traffic Engineer. During non -working hours, the work area shall be delineated additionally with lighted flasher
type barricades, spaced a maximum of 50 feet on center or as may be directed by the City Traffic Engineer. Emergency
vehicles shall be permitted to pass through the work area without delay at all times. Any deviation from the two lane
requirement shall be reviewed and approved by the City Traffic Engineer.
During the course of work, the Contractor shall make minor changes and add or delete signing, as may be required by
the City Traffic Engineer to correct problem traffic situations which are a result of the Contractors operations. In special
cases, the Contractor shall be required to furnish flagmen as requested.
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The Engineer shall have the authority to direct the Contractor to reschedule his work as necessary to reduce or eliminate:
1) vehicular traffic conflicts, or (2) inconvenience to adjacent residences and businesses, or (3) coordination with
Caltrans" freeway closures, and other City construction projects in the area. If the permanent surfacing of an access is
not completed within 72 hours, the Contractor shall provide temporary asphalt concrete surfacing to such access at this
own expense.
Each vehicle used to place and remove components of a traffic control system on multi -lane highways shall be equipped
with a Type If flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or
removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion.
The flashing arrow sign shown on the plans shall be in place before any lane closure requiring its use is completed.
The Contractor is required to excavate, compact and complete deep lift asphalt concrete pavement section in the same
working day, prior to excavation of further roadway sections or cold plane operations within project, excluding
construction of the concrete approach lanes. The length of excavation shall be limited to 1000 feet as directed and
approved by the Engineer.
Access to all private properties shall be maintained at all times during construction. Contractor shall provide notification
to property owners at least twenty-four (24) hours before commencement of any work ordor adjacent to their property.
All travel lanes reopened to traffic must at least have final asphalt concrete base course placed in reconstructed areas.
Where two or more points of access to a business are available, only one driveway shall be closed at any time. Where
only one driveway exists, the Contractor shall provide temporary access during normal business hours.
All costs involved for detouring, signing, temporary street delineation, and other requirements specified in this
section of the Standard Specification shall be included in the respective bid items.
601-2.2 Additional Traffic Control Notes
1) All work and materials shall comply with "Caltrans" Manual of Traffic Controls in Construction and
Maintenance Zones, and Work Area Traffic Control Handbook, latest editions.
2) The Contractor shall have all signs, delineator, barricades, arrow boards, etc., properly installed prior to
commencing construction. Arrow boards utilized on the project shall be solaribattery powered.
3) All temporary striping and markings shall conform to the "Caltrans" standard plans and specifications. Raised
pavement markers shall not be used. Striping damaged by construction shall be repaired in kind to the
satisfaction of the engineer.
4) Flashing yellow beacons, type `B", shall be used on all C18 signs and on all type II and III barricades guarding
the work area overnight.
5) All advance warning sign installations shall be equipped with flags or daytime closures.
6) All delineators shall be 36" minimum portable, reflectorized rubber guide posts, orange in color, with double
weighted base rings and shall be kept in their proper position at all times and shall be repaired, replaced or
cleaned as necessary to preserve their appearance and continuity.
7) All signs shall be reflectorized and standard size unless shown otherwise.
8) Type II barricades with flashers may be used, in lieu of or in addition to the rubber guide posts, at the discretion
of the contractor, when they are intended to provide additional emphasis in areas where workers are present.
9) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to
abutting property owners.
10) The Contractor shall maintain on a 24-hour basis, all signs, delineators, barricades, etc. to ensure proper flow
and safety of traffic.
SP-32
11) Pressure sensitive traffic marking tape and/or striping paint may be used to supplement the channelizing devices,
delineators, reflectorized signs, and barricades.
12) All conflicting stripes, pavement markings, and legends shall be completely removed by wet sandblasting, or
other method approved by the engineer prior to any change in the traffic pattern.
13) The Contractor shall cover all existing speed limit signs during work hours and install C17 signs.
14) Where work is being performed at signalized intersections or detection areas are damaged, the signal shall be
placed on vehicle recall by the Traffic Engineer. Notify Traffic Engineer (714) 532-6427, seventy-two (72)
hours prior to work.
15) At signalized intersections two signal heads shall be visible to approaching traffic at all times. The Contractor
shall be responsible for all signal modifications during detour construction. Signal work shall be performed by a
licensed traffic signal contractor.
16) The traffic staging plans indicate vehicular traffic control in work area during construction activity. Additional
traffic controls, traffic signs, or barricades may be required in the field. The Contractor shall be responsible for
the placement of any additional devices necessary to assure safety to the public at all times during construction.
17) The City Engineer reserves the right to make any changes necessary as field conditions warrant. Any changes
shall supersede these plans and be done solely at the contractor's expense.
19) The Contractor shall notify the City Engineer or his representative at least five (5) working days in advance of
initiating any construction detour. The Contractor shall provide additional traffic detour plans for work at
signalized intersections for approval of the City Engineer.
19) The Contractor shall provide pedestrian walk ways and crosswalk access at all times when crosswalk or
sidewalks are to be closed, R96 signs and barricades shall be installed.
20) The Contractor shall notify all local businesses 14 days prior to detour construction for all night time
construction. For daytime construction, the Contractor shall notify the local businesses 7 days in advance of
work to be done.
601-3 Payment
DELETE in its entirety and SUBSTITUTE ivith the following
Payment for TRAFFIC CONTROL shall be lump sum and shall include full compensation for traffic control plans,
supplemental traffic control plans, as required, furnishing all labor, materials, tools, equipment and incidentals and
doing all the work involved in all temporary traffic control related work involving placing, removing, storing,
maintaining, moving to new locations, replacing and disposing of the components of traffic control system, complete
in place, temporary Asphalt Concrete including installation and removal; all associated temporary signing and striping;
flashing arrow signs; flagging and/or flagger costs; and project notifications, as specified in the Standard
Specifications and these Special Provisions, and as directed by the Engineer. No additional compensation will be
allowed thereof.
PART 7
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
This section is deleted in its entirety. Refer to the "Caltrans" Standard Specifications sections referenced herein for
these additions to the "Standard Specifications". Where applicable, Southern California Edison Company Standard
Specifications and Standard Plans shall also apply.
SP-33
CALTRANS" STANDARD SPECIFICATIONS
The following Sections of the "Caltrans" Standard Specifications, and California Manual on Uniform Traffic Control
Devices latest editions, shall be used for all work specified in these sections:
Section 86: Signals, Lighting and Electrical Systems (loops)
The following additions, as revised, to Sections 86 of "Caltrans" Standard Plans and Specification latest edition shall
apply.
SECTION 86 — SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS
86-1 General
The Contractor shall furnish all tools, equipment, materials, supplies, and manufacture articles, and shall perform all
operations necessary to construct or modify traffic signal and street lighting facilities as shown on the drawings and
as specified herein.
86-1.03 SCHEDULE OF VALUES
The Contractor shall prepare and submit for approval by the City a schedule of values to complete the work. Submit
schedule of values one week prior to first work day. The schedule of values shall include corresponding material and
labor costs for the following items:
1) Pedestrian Signal Heads and Hardware
2) Push Button and Hardware
3) Signing and Striping
4) Restorations
86-1.07 SCHEDULING OF WORK
Scheduling of work shall conform to this Section and these Special Provisions.
1) No materials or equipment shall be stored at the job site until receipt of said notification by the Engineer.
Thejob site shall be maintained in a neat and orderly condition at all times.
2) All striping, pavement markings, and signing shall be in place prior to signal turn -on. All striping, pavement
markings, and signing shall be completed by the Contractor, per the Plans and Special Provisions.
86-2 MATERIALS AND INSTALLATION
86-2.04 STANDARDS, STEEL PEDESTALS AND POSTS
Standards, steel pedestals and posts shall conform to this Section and these Special Provisions:
1) The supplier of the Contractor shall provide written communication to the City of Orange as to the
compliance with the Standard Specifications and Standard Plans.
2) All City -owned signal standards or streetlights to be removed and salvaged (by Contractor) shall be delivered
to the City Yard.
3) The Contractor shall supply all new signal standards as shown on the plans. Anchor bolts and nuts shall be
supplied for new poles. The Contractor shall be responsible for all installation.
SP-34
86-2.05 Conduit
1) Conduit shall be hot dip galvanized rigid steel conduit conforming to UL Publications UL6 for Rigid
Metallic Conduit
2) All conduit shall be duct sealed;
3) Approved couplings shall be utilized by the Contractor as required for extension orjoining of conduits;
4) All conduit shall be of same size and type as that being modified;
5) Utilize factory prefabricated bends as required to maintain required clearance as directed by the Engineer.
86-2.05A MATERIAL (CONDUIT)
Conduit provided for this project shall conform to the provisions of this Section and these Special Provisions
1) All conduits and fittings shall be Type 3 rigid nonmetallic PVC schedule 80 conforming to UL 651 unless
otherwise called out on the plans. Type A extruded rigid PVC conduit and extruded rigid HDPE conduit must
comply with UL 651A. Coilable, smooth -wall, continuous length HDPE conduits must comply with UL
651B. Install PVC conduits at underground locations only.
2) Insulated bonding bushings will be required on all metal conduits. If used and approved by the Traffic
Engineer, all PVC conduit with signal phase cable and interconnect cable shall have a #8 green bonding wire.
3) All conduit and fittings from controller foundation to adjacent 46E pull -box shall be rigid 2 - 3inch metal
type manufactured of rigid steel. (or as shown on plans)
4) All conduit shall be duct sealed in new or existing conduit.
5) All conduit crossings and potholes to have open utility cuts shall be per Standard Plan No. 125. All utility
cuts or potholes shall have 2 sack slurry backfill prior to permanent patch.
6) All existing non-metallic conduit to be extended or modified shall be of like (same) material with bell
bushings.
7) All new street lighting conduit crossing or within area shall be 2-inch rigid galvanized steel.
86-2.06 PULL BOXES
1) All pull -boxes shall have crushed rock, be grouted, drain hole, and have the proper cover markings as
described in this Section. All pull -boxes shall be Christy Concrete Product. (or equal)
2) All pull -boxes to be abandoned shall be removed completely by the contractor and the existing sidewalk,
parkway and landscaping shall be repaired, per city standards.
3) All pull -boxes in dirt or parkway areas shall have a 1 ft. x 4 in. concrete cap around box.
The Maximum distance between pull boxes shall be 200-feet, unless shown otherwise on plans. The CONTRACTOR
may at his/her own expense, install additional pull boxes to facilitate the work with the approval of the ENGINEER
or his/her assigned representative. The locations of all pull boxes on the Plans are schematic. The ENGINEER or
his/her assigned representative will approve the final location of all pull boxes
86-2.06A Materials: Description of Work
The Contractor shall remove existing pull box located within limits of curb ramp installations and modify conduit as
required to maintain 10-inch clearance between conduit opening and the finished surface of the concrete curb ramp.
The Contractor shall modify existing traffic signal conduit as required to provide minimum clearances. This work
shall include, but not be limited to, bending, removal, replacement, cutting and installation of new conduit, radius
sweeps and/or detector stub -outs as may be required and as approved by the Engineer. Controller wiring or street
light conductors shall be protected in place, or removed and replaced by the Contractor as required to complete the
work. The Contractor shall install new pull boxes to grade of curb ramp.
SP-35
86-2.08B CONDUCTOR IDENTIFICATION
The conductor insulation for the following conductors shall be of a solid color or solid color with a permanent colored
stripe as specified:
10- Signal Common - White with black stripe
14- Signal Phase Wire - Standard phase markings
12- I.I.S.N.S. Common - White with orange stripe
12- I.I.S.N.S. HOT - Solid orange
10- Street Lighting Common - Solid white
10- Street Lighting HOT - Solid black
The Contractor shall use signal cable in lieu of individual conductors; signal cable shall not be spliced.
86-2.09 WIRING
Wiring shall conform to the provisions of this Section and these Special Provisions:
1) Splices shall be insulated by "Method B".
2) The contractor shall provide all labor, material, and equipment necessary to wire from the Edison service
point to the City's service meter pedestal. Conductors shall be AWG No. 3-94.
3) All fuse kits shall be placed in signal pole hand hole. Contactor shall install #10 conductors with fuse kit to
luminaire.
86-2.16 PAINTING
This Section shall be amended as follows:
On new galvanized equipment, no painting will be required.
Paragraph 15 of Section 86-1.16, "Painting," of the Standard Specifications is amended to read
Type II service equipment cabinets, telephone equipment cabinets and all controller cabinets, other than aluminum
and stainless steel cabinets, shall be painted with a polymeric or an enamel coating system conforming to Color
No. 18785 (White) or Federal Standard 595A. All coatings shall be commercially smooth, substantially free of
flow lines, paint washout, streaks, blisters, and other defects that would impair serviceability or detract from
general appearance. The coatings shall comply with the following requirements.
All existing signal equipment to be reused shall be repainted per this Section or at the discretion of the Engineer.
86-3 CONTROLLER ASSEMBLIES
1) The existing controllers and cabinet equipment for this project shall be protected in place as shown on the plans..
86-301A LOCAL INTERSECTION CONTROLLERS AND CABINET
1) The new controller and cabinet equipment for this project shall be installed as shown on the
2) If it is determined that the Contractor has damaged a controller and/or cabinet, the Contractor shall at no cost to
the City provide a new controller and cabinet and shall be delivered by the manufacturer and tested at the City
of Orange Testing Laboratory, two (2) weeks prior to installation, at the City Corporation Yard, located at 637
West Struck Avenue. The Contractor shall be responsible for pick-up and delivery to the job site from the
Testing Laboratory.
SP-36.
BATTERY BACK-UP SYSTEM (BBS):
The Battery Back-up System (herein referred to as BBS) shall be designed for outdoor applications, in accordance
with the Caltrans Transportation Electrical Equipment Specifications (TEES), dated March 12, 2009, Chapter 1,
Section 8 requirements. The BBS shall conform to Caltrans Specification for Battery Back-up System For Traffic
Signals utilizing Light Emitting Diodes (LED) Traffic signal Modules.
The battery back-up system shall include, but not be limited to the following: inverter/charger, power transfer relay,
batteries, a separate manually operated non -electronic bypass switch, and all necessary hardware and interconnect
wiring. The BBS shall provide reliable emergency power to a traffic signal in the event of a power failure or
interruption.
The BBS shall be compatible with the controller and cabinet components, for full-time operation.
The BBS shall be capable of providing power for full run-time operation for a full -LED signal intersection.
The BBS system shall be model BC100HZG-LH-UP P/N 527110-79 with 20000 ITS inverter and batteries as
manufactured by Myers, Custom Products, A Division of U.S. Traffic Corporation (Myers, Custom Products 2950
E. Philadelphia Street, Ontario, CA 91761). Or City approved equal.
BBS batteries and inverter shall be installed in a side mounted BBS Battery Cabinet supplied by the Contractor and
installed on the cabinet. BBS Battery cabinet shall be painted to match existing cabinet.
The Contractor shall supply and install the BBS and shall be complete and operational to provide the required
service. The City shall require technical support by the equipment manufacturer / representative at "Turn On".
Warranty Coverage
The supplier of equipment shall guarantee their product to be free from defect in design and operation and
that it meets all the requirements of this specification and those incorporated in this document.
Length of Warranri
The term of the warranty on a wired cabinet shall be a minimum of one (1) year from date of shipment
including the Bus Interface Units and Cabinet Power Supply. The Controller and Malfunction Management
Unit shall have a minimum of a two-year warranty.
COLOR CODING
All cabinet wiring shall be color coded as follows:
Purple = Flash color programming
Brown = Green Signal Wiring
Yellow = Yellow signal wiring
Red = Red signal wiring
Blue = Controller wiring
Gray = DC ground (return), (logic ground)
Black = AC+
White = AC -
Green = Chassis
T&F WIRING
All wires terminated behind the main -panel and other panels shall be soldered. No pressure or solderless
connectors shall be used. Printed circuit boards shall Not be used on the T&F.
SP-37
86-4 TRAFFIC SIGNALS FACES AND FITTINGS
86-4.01A SIGNAL SECTIONS
This Section shall be amended as follows:
1) Items 2.1 and 2.2 are superseded as follows: "Each signal section housing shall be either diecasi or
permanent mold -cast aluminum conforming to ANSI Standard. D-10. 1. "
2) Housing color shall be Dark Olive Green.
3) All signal indications shall be 12-inches in diameter.
86-4.011) LIGHT EMITTING DIODE SIGNAL MODULE
Optical units shall conform to the provisions of this Section and these Special Provisions.
1) All new signal indications provided for this project shall be Dialight (ITE) LED 433 or 432 series traffic
signal modules installed in each signal head. All indications shall be 12 inches.
86-4.03 PEDESTRIAN SIGNAL FACES
86-4.03B FRONT SCREEN
Pedestrian signal front screens shall be Egg crate type for this project.
86-4.03I(2) MATERIALS
Pedestrian signals provided for this project shall be GELcore Type (ITE) LED Countdown Pedestrian Signal Modules,
Model No. PS7-CFF 1-26A, with dimensions of 16 in. x 18in., or Dialight LED Model No. ITE 430-6479-00IX.
86-4.04 SIGNAL MOUNTING ASSEMBLIES
1) Signal mounting assemblies provided for this project shall be of the type described in this Section.
2) Where indicated on the plans by the symbol (CS), a Clamshell mounting assembly shall be used as
described in this Section.
3) Color shall be Dark Olive Green.
86-5.02 PEDESTRIAN PUSH BUTTONS
All pedestrian and bike push buttons shall be Type `B" as shown on the plans. All new push buttons shall meet all
ADA requirements with a minimum of 2" diameter button.
86-7 REMOVING, REINSTALLING, OR SALVAGING ELECTRICAL EQUIPMENT
Salvaging of electrical equipment shall conform to the provisions of this Section and these Special Provisions.
1) All equipment to be salvaged except for foundations, conduit, and pull -boxes, shall remain the property
of the City of Orange, and shall be transported, unless otherwise directed by the Engineer, to the City of
Orange Corporation Yard, located at 637 W. Struck Ave.
Full compensation for transporting salvaged equipment to the specified location shall be considered as included in the
lump sum bid by the Contractor per location and no separate payment will be made therefore.
86-8.01 PAYMENT
Payment for INSTALLING PEDESTRIAN PUSH BUTTON (PPB) shall be at the contract unit price bid per each
PPB installed and shall include full compensation for all labor, materials, equipment and work shown on the Plans
and as directed by the Engineer. The unit price shall also include location, identification, and protection of utilities,
providing and maintaining temporary wiring for signal operations during construction, fabrication and installation of
SP-38
construction signs, devices installation, restoration of existing improvements disturbed or affected by construction,
adjustments in the location of equipment to be installed, or any other work required to provide a fully functional PPB
operation shown on the plans.
Payment for INSTALLING PEDESTRIAN MODULE WITH HOUSING OR IN EXISTING HOUSING shall
be at the contract unit price bid per each PEDESTRIAN MODULE installed and shall include full compensation for
all labor, materials, equipment and work shown on the Plans and as directed by the Engineer. The unit price shall also
include location, identification, and protection of utilities, providing and maintaining temporary wiring for signal
operations during construction, fabrication and installation of construction signs, devices installation, restoration of
existing improvements disturbed or affected by construction, adjustments in the location of equipment to be installed,
or any other work required to provide a fully functional operation shown on the plans.
Payment for INSTALLING BATTERY BACKUP SYSTEM (BBS) shall be at the contract unit price bid per each
BBS installed and shall include full compensation for all labor, materials, equipment and work shown on the Plans
and as directed by the Engineer. The unit price shall also include location, identification, and protection of utilities,
providing and maintaining temporary wiring for signal operations during construction, devices installation, restoration
of existing improvements disturbed or affected by construction, adjustments in the location of equipment to be
installed, or any other work required to provide a fully functional BBS operation shown on the plans.
SP-39
ATTACHMENT NO.4
City Standard Plans & Product Data Sheets
Behind this sheet]
Campbell
Company
PUSH BUTTONS
Series Mechanical Pedestrian Push Button
200
Features
Dry Contact
Snap Action
All Metal Construction
5 Year Warranty
ADA Compliant
s
Verisys
Registrars®
ISO 9001:2008
Certified
IE- lade in the USA
Overview
This line of robust push buttons are all metal construction to offer
a great value against direct abuse. The switch is a phenolic
enclosed precision snap action, single pole, double throw type. A
passive linear bearing is utilized to reduce the coefficient of friction
in the functional components. All components are machined to
precise dimensions and finish. Series push buttons are ADA
compliant.
Materials
Series Mechanical Pushbuttons are made from solid stock
Bezel - 6061 T6 Al
Actuator SS or - AI
Field Terminal - SS
Finish- Powder Coat
Form Factor
Round — 3" OD
Rectangle — 2.8"x 4.5'
Large Rectangle — 5" X 9"
Powder Coated Hard Enameled
Yellow
Black
Green
Clear Coat - Natural
Campbell Company • 450 W. McGregor Boise, ID 83705. 208-345-7459 • www.pedsafety.com
Design subject to change without notice.
500
G Zfl f1
Campbell
Company
400
Campbell Company is the leading
American manufacturer of
pedestrian signal safety products,
accessible pedestrian signals
APS) pedestrian push buttons,
signs, and hardware.
ADDITIONAL INFORMATION
More information can be found at:
www.pedsafety.com
Eade in the USA PUSH
BUTTONS Electrical
Specifications Operating
Voltage Up to 250 V (AC/DC) Switch
Current Max 15 amps On
Resistance 1 ohms Operating
Mode NO Switch
Single Pole Operating
Data Operating
Force 3 Ibf Operating
Temperature 15C to 80C Operating
Life 10 x 106 IP
Rating 62 Materials
Bezel
AL Actuator
SS, AL Hardware
SS Finish
Powder Coat Form
Factor Round
3" CD-4 hole, 2 hole Rectangular
2.8" x 4.5" —4 hole, 2 hole Large
Rectangular (Cast) 5"X9"-2 hole Color
Black, Green, Yellow, Natural Warranty
5 Year Campbell
Company • 450 W. McGregor Boise, ID 83705. 208-345-7459 • www.pedsafety.com Design
Subject to change without notice.
Y
y
A '
California Energy Commission Approved LED Traffic Signal Modules
All of the LED traffic modules featured In this brochure are fully certified to the requirements of the State of
California's Appliance Efficiency Program. Dlallght is the first LED signal module manufacturer to fully support
these requirements and has received certification for both Caltrans and ITE approved products.
According to the section in CEC requirements entitled "Traffic Signals for Vehicle and Pedestrian Control" all
Federally regulated traffic signals for vehicle and pedestrian control manufactured on or after January 1, 2006
shall have a nominal wattage and maximum wattage no greater than the values shown in table I and shall
be installed with the compatible electrically connected signal control interface devices and
conflict monitoring systems". CEC also has additional requirements for pedestrian signals that are not
federally regulated. These requirements can be found in table M-2 of the CEC requirements. For reference a
copy of tables M-1 and I from the CEC requirements are shown below.
Table M-1
Standards for Traffic Signals for Vehicle and Pedestrian Control
Appliance
maximum Wattage Nomiha[ Wattage
12 - inch Red Ball 17 11
8 - Inch Red Ball 13 8
12 - inch Red Arrow 12 9
12 - Inch Green Ball 15 15
8 - Inch Green Ball 12 12
12 - Inch Green Arrow 11 11
Ccmbinafion Walking Man/Hand 16 13
Walking Man 12 9
Orange Hand 1 16 13
Table M-2
Standards for Signal Modules for Pedestrian Control
Sold or Offered for Sale in the State of California
Hand or'Dont Wolk' sign or Countdown 12 10
Walking Person or'Walk' sign 12 9
ITE and Caltrans Approved LED ARROWS
Alows for mounting A any orientation In the signal head
Industry's lowest power for all colors
Meets or exceeds intensity, color and uniformity specification
Temperature compensated power supplies for longer LED life
Uniform appearance
Transient suppression exceeds ITE and NEMA specifications (Up to 6KV ring wave)
Manufactured with anti -capillary wires
Conformal coated power supply
Secondary lens treatment for abrasion resistance
ITE products are Interrek/ETL certified and listed on ETL cerlitical on program websire
All units operate at 80-135VAC RMS, 60m3Hz
432-1314-001XOD Red Tinted 6 628 56.8 RE, Omnidirectional 0
432-1374-OOIXOD Red Clear 6 628 56.8 ITE, Omnidirectional 0
431-3334-901XOD Yellow Tinted 6 590 141.6 ITE, Omnidirectional 0
431-3374-901XOD Yellow Clear 6 590 141.6 RE, Omnidirecfional
432-2324-001XOD Green Tinted- 6 500 73.9 RE, On-mairectonol
432-2374-001XOD Green Clear 6 500 73.9 11 OmnId'ectlonal
432-1314-001 Red Tinted 6 628 5,500 cd/m% Caltrans
431-3334-001 Yellow Tinted 8 590 11,000 cd/m' Caltrans
432-2374-001 Green Clear 1 7 500 1 11,000 cd/m' Caltrans
www.diclight.com
ITE and Caltrans Approved Uniform Appearance LED Traffic Signal Modules
Indusfry's lowest power for all colors
Meets or exceeds intensity, color and uniformity specification
Temperature compensated power supplies for longer LED life
Uniform appearance
Expanded New radiation pattern suitable for span wire and steep grade applications
Transient suppression exceeds ITE and NEMA specifications (Up to 6KV ring wave)
Manufactured with anti-copillary wires
Conformal coated power supply
Secondary lens treatment for abrasion resistance
Patent No. 7,281.818 and other patents pending
ITE products are Intedek/ETL cedified and listed on ETL certification program website
All units operate at 80-135VAC RMS, 60±31dz
E
433-1110-003XL Red Tinted 625 6 165 ITE 8
433-1170-003XL Red Clear 625 6 165 RE 8
433-3130-901XL Yellow Tinted 690 7 410 RE 8
433-3170-901XL Yellow Clear 590 7 410 RE 8
433-2120-001XL Green Tinted 500 8 215 RE 8
433-2170.ODIXL Green Clear 500 8 215 RE 8
433-1110-003 Red Tinted 625 6 133 Caltrans 8
433-3130-001 Yellow Tinted 590 9 267 Caltrans e 8
433-3170-001 Yellow Clear 590 9 267 Caltrans 8
433-2120-001 Green Tinted 500 7 267 Caltrans 8
433-2170-001 Green Clear 500 7 267 Cations 8
433-1210-003XU Red Tinted 625 6 365 ITE 12
433-1270-003XL Red Clear 625 6 365 ITE a 12
433-3230-901XL Yellow Tinted 590 12 910 ITE' 12
433-3270-901XL Yellow Clear 590 12 910 ITE 12
433-2220-001XC Green Tinted 500 T 475 ITE 12
433-2270-001XL Green Clear 500 7 475 ITE 12
433-1210-003 Red Tinted 625 6 339 Caltrans 12
433-3230-001 Yellow Tinted 590 12 678 Caltrans 12
433-3270-001 Yellow Clear 590 12 678 Caltrans 12
433-2220-001 Green Tinted 500 9 678 Callan 12
433-2270-001 Green Clear 500 9 678 Caltrans 12
Caltrans Approved Programmable Visibility LED Signal Modules
Direct replacement for Incandescent lamps In Programmable Msibllily (PV) Signals
Compatible with McColn and 3M signal heads
90 % reduction in power vs. incandescent lamps
Sealed lamp Is moisture end dust resistant
Fuse and transient suppressor Incorporated for line and load protection
Conformal coated power supply
All units operate at 80 - 135VAC RMS, 60 ± 3Hz
Part Number Color TVP'S
Dominanh
Wavelength'
Inm)
Typical
Wallpge
at 25°C
Peak MinimumMaintained
Luminous Intensity
Compliance
Approved
www.dialight.com
ITE and CalTrans Uniform Appearance Hand and Person Pedestrian Signals
Meets / exceeds ITE uniformity ratio of not more than 1 to 5 between the max and min luminance values as
measured in ).5°) did spots
Manufactured with anif-capillary, wires
Conformal coated power supply
Fuse and transient suppressor incorporated for superior fine and load protection
Independent dedicated power supplies for added safety and reliability
ITE products are intertek/ETL cerfilled and listed on ETL cerlificallon program website
Transient suppression exceeds RE and NEMA specifications (Up to 6KV ring wave)
Al units operate at 80-135VAC RMS, 60±311z
430-6450-OOIX 16 x 18 Side -by -side Hand and Person 8 7 1,400 2,200 ITE
430-6472-OO1X 16 x 18 Overlay Hand and Person 8 6 1,400 2,200 RE
430-5770-OO1X 12 x 12 Hand only 8 N/A 1,400 N/A RE
430-7771-001X 12 x 12 Person only WA 7 N/A 2,200 RE
430-6772-001X 12 x 12 Overlay Hand and Person 8 6 1,400 2,200 RE
430-5570-OO1X 9 z 9 Hand only 6 N/A 1,400 N/A RE
430-7570-001 X 9 z 9 Person only N/A 6 N/A 2,200 RE
430-6450-OO1XC 16x 18 Coltrane Side -by -Side 9 7 3,750 5,300 1 Caftans
430-6473-001' 16x18 Caltrans Side -by -Side 8 1 7 3,750 1 5,300 1 Catirons
1430-6473-001Is a pixilated product
Uniform Appearance Countdown Pedestrian Signals
MUTCD compliant for countdown applications
Full preemption compatibility
Up to 8 units can be connected in parallel without affecting the monitoring of the Hand/Person
Manufactured with anti -capillary wires
Three (3) Independent dedicated power supplies for added safety and reliability
ITE products are InterteVETL certified and listed on ETL certification program webstie
Conformal coated power supply
Improved optical design to provide superior uniform appearance of the icons
Transient suppression exceeds ITE and NEMA specifications (Up to 6KV ring wave)
Al units operate at 80-135VAC RMS, 60±31-lz
Part
Number
Hpusing
Size.
Bymti'SLC-for
Counitlow E]H H Hand Person
Typical Waffoge @ 25°Q.
Counitlow Hantl Person
Min.
ctl/m2)
Countdown
Luminance.
Hand Person
PmPltanc
CEC'
Proved
E. •EE E EMMWE EE EE EE MM
E . • EE ME®MEE®® EE M
countdown power is with the digits 88 displayed
Delight reserves the ng 1 o make changes at any time inorde' i to supply t best product possil le. The most current version of this
tlocumenhwlll,always bepvallable at: www.dialight.com/Assets/Brochures_And Catalogs/SignalinglCEC Brochure.pol
CEC Brochure_A
www.dlalight.com
MYE4mmP5 moon P R GEN20A
OR -DLET POWER
PRODUCTS, INC. ,m u.+m A Lsao 2950
E. PHILADELPHIA ST., ONTARIO, CA. 91761 a 5 aLA S LINEW BC100HZ&
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ATTACHMENT NO.5
Federal Prevailing Wage Rates
Behind this sheet]
FEDERAL WAGE RATES INTERNET REFERENCE
This project is federally funded under the Highway Safety Improvement Program (HSIP) requiring conformance to
Federal Guidelines. All the Federal requirements, the Davis Bacon Act, in particular, shall apply on this project.
The federal minimum wage rates are available directly from Department of Labor Home Page under
Click under the Davis -Bacon Act section "Selecting DBA WDs",
Selecting DBA Wns
Archived Willis
WDs due to be revised
Rollover Cfosswalkx.i
In the following screen enter the WB Number CA24
Select DBA WD by number:
CA24 (Enter WD number.
Search
The final contract package upon being signed by the local agency and the contractor, shall physically contain the
Federal Wage Rates or the Federal Wage Rates as revised by addendum, if any addendums were issued.
CALIFORNIA PUBLIC WORKS Bova No. 9344758
PERFORMANCE BOND
KNOW ALI. h1EN BY THESE PRESENTS,
I
Thal we. Econolite Systems, Inc. (CONTRACI'OR) as Principal. and
Fidelity and Deposit Company of Maryland (SURE I Y) a Corporation organized and existing
underthala,snfthe Smtcof IRDlois unduuthorized to anasect business in the SmeofCalitbmin, as Surely,.. held and firmly bound
to the CITY OF ORANGE, hercinaRcr called the Obligee, in the son of One Hundred Seventy -One Thousand Nine Hundred Nine
and 86/100 Dnaars(S 171,909.86 )for the
payment whereofwell and truly to be made and ve each of us bind oursahas, our ht executors. administmmm, successors and assignaiointly and severally. firmly
by thew preseau,
T'HE CONDITION of the above obligation is such (hat. %YHEREAS, the above named hounded principal is required to fumish a bond to said Obligee, guueakeing
the faithful performance of a contract to do and perform the following work, to ovic
Bid Nu. 189-32: Project SP-4031; Pedestrian Safety Improvements — Pedestrian Countdown Signals (`CS) a copy of wbich
commet is or may be crashed hereto. and is hereby refined to and made a pan hereof:
NOW, THEREFORE. if the above bounded principal shall sell and truly perform the work connected to be performed under said contract, then this obligation to he
null and void; olho.in, to remain in full force and cffmt. The surety hereby stipulates and agrees that no change. extension of time. alteration or addition to the terms
of the abobecl agreement, or the work to be performed there under, or the specifications accompanying the same shall otherwise affect the ohligarions on Ibis bead.
and it does hereby ,Hive notice of any such change, extension of time. alteration or addition to the terms of the Contract agreement or to the work or to the
specifications.
SIGNED AND SEALED this Sth dayof_ April 12020
Econolite Systems, Inc. Fidelity and Deposit Company of Maryland
5SF CR
Nraacr R
rDY. BY:
R E SORER b
BY.
ESIDENTIVICE PRESIDENT
0. this day of
Noery Public in and to, the said State.
personally komsn to me (or proved to me on the basis ofsansfactory evidence) to be the resorts) who executed
the within nutriment on behalf of the
ackno,lMgM me that such
W ITN ESS my hand mid official seal.
named.and
executed the same.
STATE OF CA LI FORN LI On this da) of .in the year 20 before me, the undersigned.a
COLP"rY OF Notary Public in wad fu the said Seta peravolly_uppeured
See Attached CA Acknowledgment
posanally knmsn to me (or pmvM tome on the hm'is ofsatisfachey evidence) to be the ransoms) who czceuted
the vithi. instrument on beh ll [of the therein named. and
acknmdedged me that such executed the same.
WITNESS my hand and official..
NmnnPublic in and for the said State.
GALI.FORNIAALL-PURPOSEACKN'OWLEDGMENT ClU)0C0DE§'1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On APR 0 A 7n7n before me, B. Wong, Notary Public, personally
appeared Martha Gonzales who proved to me on the basis of satisfactory
evidence to be the person(&) whose name(&) is/are-subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
k+&/her/their authorized capacitykieQ, and that by 4i&/her/their-signature(&) on
the instrument the person(&), or the entity upon behalf of which the person(&)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
seal) Signatur 4b
B.Wong, Notary Public
B. WONG
a,ti Notary Public - [aiifornia
Los Angeles County
Commission p 2260298
My Comm. Expires Oct 24, 2022
EXTRACT FROM BY-LAWS OF THE COMPANIES
Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any suchattorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at anytime."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE CONIPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that theforegoingPowerofAttorneyisstillinfullforceandeffectonthedateofthiscertificate; and I do further certify that Article V, Section 8, oftheBy -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of Secretary or an Assistant SecretaryandtheSealoftheCompanymaybeaffixedbyfacsimileonanyPowerofAttorney... Any such Power or any certificate thereof bearing suchfacsimilesignatureandsealshallbevalidandbindingontheCompany'."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day ofMay, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 1 Oth day of May, 1990.
RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WIIEPeFiG1dv, 6h 'a,6erw nto subscribed my name and affixed the corporate seals of the said Companies, this _day of AA IR( VV LLUU LIUI
o_
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACTINFORMATIONTO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reportsfclaims(alzurichna com
800-626-4577
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Dr"98 1}
On q,15- zo before me, Mg S$. j,/JiSan, N6t'a. r Pub/1c ,
Date Here Insert Name and Title of the Officer
personally appeared Qodhw J'YIAiUS
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
MELISSA WILSON
Notary Public - California
Orange Counry
Commission p 2181164
My Comm. txpires Jan 23, 2021 +
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature `7/I.G>/Wk N/jAft
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner— O Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
02018 National Notary Association
Number of Pages:
Signer's Name:
Corporate Officer — Title(s):
Partner— Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California ICountyofbrlym
On y'f(p' 2-0beforeme, ffle Sti u L4 N/raU Date -
f
Here
Insert Name and Title &f the Officer personally
appeared Names)
of Signer(s) who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capaciry(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument. MELISSA
WILSON Notary
Public -California Orange
County Commission
C 2181164 My
Comm. Expires )an 23, 2021 Place
Notary Seal and/or Stamp Above I
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct. WITNESS
my hand and official seal. Signature
41AA A" Signature
of Notary Public Completing
this information can deter alteration of the document or fraudulent
reattachment of this form to an unintended document Description
of Attached Document Title
or Type of Document: Document
Date:__ Signer(
s) Other Than Named Above: Capacity(
ies) Claimed by Signer(s) Signer'
s Name: Corporate
Officer — Title(s): Partner—
o Limited General Individual
Attorney in Fact Trustee
Guardian or Conservator Other:
Signer
is Representing: 02018
National Notary Association Number
of Pages: Signer'
s Name: Corporate
Officer — Title(s): Partner—
O Limited General Individual
Attorney in Fact Trustee
Guardian or Conservator n
Other Signer
is Representing:
CALIFORNIA PUBLIC WORKS Bond No. 9344758
PAYMENT BOND
KNOW ALL AIENBYTHESE PRESENTS,
TFutTc, Econolite Systems Inc. (CO\TRAC.TOR) as Principal. and Fidelity
and Deposit Company of Maryland (SURETI') a Corporation organized and existing underthela,
esofthe Stateof Illinois and miluaized to transact busintis in the State of California. as Surety. me held and firmly bound unm
the CITY OF ORANGE, hcreinaliermllcd the Obligee, in the sum of One Hundred Seventy -One Thousand Nine Hundred Nine and
86/100 Dollars($ 171,9B9.S6 ) for the payment ssheremfwell and truly to
be made and ive each of us bind ourselc¢ am heirs. executers, administrators. mc6essos, and assiglts jointly and severally, firmly by these presents. WHEREAS.
the above named bounded principal is required to fumish a bond to said Obligec, guaranteeing the payment of claims of laborers, mechanics, material suppliers
and any other persons, as provided by the law in connection with a contract to do and perform the following work, to wit: Bid
No. 189-32: Pro meet SP4031: Pedestrian Safetv Improvements — Pedestrian Countdown Signals (PCS) NOW,
THEREFORE., if the Principal or his snbeentmctme. shall fail to pay mty person named in Section 3181 of the Civil Code of the State of California. or amounts
due under the Unemployment Imsumnce Code with respect to stark or labor perlbnned by any person named in Section 3181 of the Civil Code of the Sme of California,
or for any amounts acquired to be deducted, withheld, and paid over to [be Employ"cat Development Department from the wages of employees of the principal
and his subcontractors pursuant to Section 13020 office Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same in
an agpcgme amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond. a reasonable anceney's fee. to be fixed by the court
in accordance ,ith Section 3250 ofthe Civil Code ofthe State of California. This
bond shall inure to the benefit army person named in Section 3181 ofthe Civil Code ofthe State of Califomia so as to give a right affection to such person or his assigns
in any suit brought upon this bond. SIGNED
AND SEALED this 8th
day of Apra .20 20 Econctlite
Systems, Inc. Fidelity and Deposit Company of Maryland CUN''
1'RACFOR -NA I OF SURLTI' . ev:__
T BY: _ CRETARYfFREA
IRER Martha Cionzal 1TTORN'r6V IN -FACT ESIUE\'
TR'ICE PRF.SIm:NF APPR 'ED STO FOR.Ij!CTI':ITTOItNEI' STME
OFCALIFORNIA On this dayuf in the year COI1N'
F%' OF Notary Public in and far the mid State, personally appeared _ Personally
knotwl to me (or proved in me on the basis of setisfactory evidence) to be the parsnn(s) who executed The
whin instrument on behalfof flat Acknowledged
me that such WITNESS
my hand and onmral scvl. STATE
OF CALIFORNIA On this da tar . m COpNTYOF
Notary Public in and for the said State. See
Attached CA Acknowledgment dentin
named. and executed
the same. State.
to
me lot proved to me on the basis ul satisfactory evidence) to be the person(s) who csccuted the
within instrument on behalfof the therein named, and acknowledged me
that such ___ executedthe same. WITNESS my hand
and official seal.
CALIFORNIA ALL PURPOSE,4'CKNOW-,EDGMENT-' CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On APR 0 N 71170 before me, B. Wong, Notary Public, personally
appeared Martha Gonzales who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(-,) is/atesubscribed to the within
instrument and acknowledged to me that 4e/she/t4ey executed the same in
4is/her/*e4 authorized capacitytieo, and that by 4is/her/theiFsignature(s) on
the instrument the person(-,), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
seal) SignatuCe
ong, Notary Public
9 B WONG
Notary Public -California
E Los Angeles County
B'1x: a
My
Commission N 2260298
Comm. Expires Oct 24, 2033
EXTRACT FROM BY-LAWS OF THE COMPANIES
Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies.
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at anylime."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that theforegoingPowerofAttorneyisstillinfullforceandeffectonthedateofthiscertificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Prover of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by aulhoriq of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 51h day of
May, 1994, and the following resolution of the Board of Directors- of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day of May, 1990.
RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, %whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of said Companies-,
this _day of—
Epp---p ynilftVO-LQ
cam+ s`o'ws,
wirbt-
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
wwww.reoortsfclaims r zurichna.com
800-626-4577
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oaxru
On f t; -2tV before me, rr/e f ' byI sa17f /t% ley G
Date Here Insert Name and Title orthe Officer
personally appeared f6 ha rlwee y
Name(s)ofsigner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
MELISSA WILSON
Notary Public -California
Orange Caunty
Commission N 2"' 714
My Comm. Expireslan 23'2021 '
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner— Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
020118 National Notary Association
Signer's Name:
Corporate Officer — Title(s):
Partner— Limited General
Individual Attorney in Fad
Trustee Guardian or Conservator
Other:
Signer is Representing:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oran AG I
On y" 15-1 before me, M&llSSO• 10 13 &A , jl`Ve&j/ ( 04611
Date Here Insert Name and Title of the Officer
personally appeared adnfy imehis
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
MELISSA WILSON laws of the State of California that the foregoing
NotaryPublic- California paragraph is true and correct.
Orange County
Commission N 2181164 WITNESS my hand and official seal. My Comm. Expires Jana 23, 2021
Signature !/_ *6& kzfa
Place Notary Seal and/or Stamp Above Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner— 0 Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
92018 National Notary Association
Signer's Name:
Corporate Officer — Title(s):
Partner— 0 Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing: