HomeMy Public PortalAbout08) 7F Acceptance of Plans, Specifications, and Estimates for State-Funded CIP Bicycle Master Plan Improvement ProgramAGENDA
ITEM ?.F.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: May 6, 2014
TO: The Honorable City Council
FROM: Donald E. Penman , Interim City Manager~
V ia: Robert Sahagun , Public Safety and Services Manager
By : Yunus Rahi , P.E., Deputy City Engineer
SUBJECT: ACCEPTANCE OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR
STATE-FUNDED CAPITAL IMPROVEMENT PROGRAM PROJECT FOR
IMPLEMENTATION OF BICYCLE MASTER PLAN-INSTALLATION OF
12.6 MILES OF CLASS II AND CLASS Ill BICYCLE LANES
RECOMMENDATION:
The City Council is requested to :
a) Accept Plans , Specifications , and Estimates (PS&E) for State-funded Capita l
Improvement Program (CIP) Project (P13-12) implementation of Bicycle Master
Plan (installation of 12.6 miles of Class II and Class Ill Bicycle lanes); and
b) Authorize the Interim City Manager to release plans and specifications for bid
advertisement.
BACKGROUND:
1 . In March, 2012, the City sub mitted an application to the California Department of
Transportation (Caltrans) for funding its Bicycle Tran sportation Master Plan for
which the City id entified a tota l of nine streets to construct Class II and Class Ill
bicycle ways.
2. In March 2013, the City and Caltrans exec uted a Local Agency-State Agreement
(Ag reement) for Bicycle Transpo rtation Account (BTA) Project which allocated a
total of $479,987 from the Sta te's Bicycle Transportation Account (BTA) to
construct bicycle lanes on 12 .6 miles of the City's nine identified streets
(Attachment "A"). The Agreement required the City to match a total of $53 ,331
from its loca l funds for a total of $533,318 to install th e b icycle la nes . Out of the
tota l BTA fund allocation of $479 ,987 , the Ag reement also identifie d $46,432
City Council
May 6, 2014
Page 2 of 3
(matched by $5 ,159 in local funds) for Preliminary Engineering , $30,955
(matched by $3,439 local funds) for Construction Engineering , and $402 ,600
(matched by $44,733 local funds) for Construction Contract.
3. In May 2013, the City directed its engineering consultant , Transtech , to proceed
with preparation of the PS&E package and advertise the project for bids for eight
streets. Since the Las Tunas Drive Safety Enhancement and Beautification
Project is already in design phase, any bikeway-related improvements previously
programmed for that street, as part of the BTA project, will now be shifted to that
project.
4. In July 2013, the City hired a qualified design consultant, Elie Farah , Inc.,
through a competitive bidding process for the preparation of the PS & E package
for advertisement for construction bids .
5. In January 2014, the design consultant submitted to the City the preliminary
PS&E for the BTA project for administrative review.
6. In February 2014 , the PS&E package for the BTA project was finalized and
submitted by Elie Farah , Inc. for City staff review and approval (see Attachment
"B " and Attachment "C").
ANALYSIS:
Over the past several years, the City has been working to become more bike-friendly.
The adoption of the Bicycle Master Plan in 2011 established a long term blueprint for
the creation of an integrated system of bike lanes. The current BTA project will further
implement the City's plans by installing 12.6 miles of Class II and Class Ill bicycle lanes
and bike routes/shared lanes on Golden West Avenue, Arden Drive , El Monte Avenue ,
Longden Avenue, Lemon Avenue, Oak Avenue , Freer Street and Olive Street. These
streets were all identified in the Master Plan because of their connectivity with the
regional bike lane system . Las Tunas Drive was also included in the original plans , but
due to the Safety Enhancement and Beautification Project currently in design phase ,
staff has determined to forgo installation of bike lanes on that street until a later date
when those lanes can be installed along with the other improvements on Las Tunas
Drive.
The award of the BTA grant by Caltrans in 2012 and the hiring of a design consultant in
2013 to prepare the PS&E package have allowed the City to make progress in fulfilling
its vision . The City Council is requested to accept the PS&E package so that staff can
proceed with advertisement for construction bids. Once staff has conducted a review
and cost analysis of all s ubmitte d bids , the City Council will be asked to approve an
award of contract for the installation of th e b ike lanes .
City Council
May 6, 2014
Page 3 of 3
FISCAL IMPACT:
The City had a total of $533 ,250 (BTA $479 ,900 +General Fund $53 ,350) budgeted in
Fiscal Year (FY) 2012-13, of which $528 ,250 (BTA $479 ,900 +General Fund $48 ,350)
was carried over into the FY 2013-14 budget. A total of $5 ,000 from the General Fund
was spent in FY 2012-13 for pre-construction activities, approximately 90 % of which is
reimbursable from the State BTA funds .
The City now has a total of $528 ,250 available in FY 2013-14 for the construction of this
project (includ ing bike lanes on Las Tunas Drive) of which a maximum of $479 ,900 will
be obtained from the State 's BTA funds and the remaining $48 ,350 will be matched
from the City's General Fund (GF). The project 's construction cost (excluding the Las
Tunas Drive bike lanes) is estimated to be $242 ,022 (Attachment "D"). An additional
$48,404 is estimated for construction management costs . Therefore , the total
construction cost is approximately $290,426, which includes the construction contract ,
construction management, and inspections . Currently , a total of $447,333 (BTA
$402 ,600 + General Fund $44 ,733) is ava ilable for the construction contract. An
additional $34 ,394 (BTA $30 .955 + General Fund $3,439) is available for construction
engineering (i .e., construction administration , management, and inspection services)
costs.
ATTACHMENTS:
A. Local Agency-State Agreement for BTA Project
B. BTA Project Construction Plans
C . BTA Project Bid Documents and Specifications
D. BTA Project Construction Cost Estimates
LOCAL AGENCY-STATE AGREEMENT
For
ATTACHMENT A
BICYCLE TRANSPORTATION ACCOONT PROJECT
__ 7 ___ C_it-"-y_o_f _T_e_m_._p_1e_C_i_.ty.___ _____ Agreement No. BT A 12/13-07-LA-19
District Local Agency
THIS AGREEMENT, made in duplicate entered into effect as of this I st day of July
2012, by and between the political entity identifi ed above, a political subdivi sion of the
State of California, hereinafter referred to as "LOCAL AGENCY", and the State of
California, acting by and through the Department of Transportation, hereinafter referred
to as 11 STATE" an d together r eferred to as "PARTIES" or individually as a "PARTY".
WITNESSETH:
WHEREAS, under the provisions of Streets and Highways Code Section 2 10 6 (b) and
Sections 890 through 894.2, as implemented by r egulations in Ti tl e 2 1, Division 2,
Chapter 10, of the California Cod e of Regul ations, Bicycle Transportation Account funds
(herein referred to as STATE FUNDS) have been a llocated to LOCAL AGENCY for the
Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and
hereafter referred to as "PROJECT"; and
Whe reas, before STATE FUNDS will be made available for PROJ ECT, LOCAL
AGENCY and STATE are require d to e nter into an agreem e nt to establish terms and
conditions applicable to the LOCAL AGENCY when receiving ST ATE FUNDS fo r a
designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
NOW THEREFORE, the PARTIES agree as follows:
ARTICLE I -Project Administration
1. This AGREEMENT shall have no fo rce or effect with respect to PROJECT tm less
and until it has been fully executed by both STATE and LOCAL AGENCY,
2 . EXT liB IT A d esignates the party responsible for implementing PROJECT. type of
work, and location ofPROJECT.
3. LOCAL AGENCY agrees to execute and return AGREEMENT w ithin ninety
(90) days of receipt. The PARTIES agree tha t STATE may void AGREEMENT if no t
returned w ithin the ninety (90) day pe r iod unl ess o therwi se agreed b y S TATE in writing.
4. LOCAL .AGENCY further agrees, as a condition to the release and payment of
STATE FUNDS encumbered for t he PROJECT d escribed in EXH IBIT A , to com pl y
vvith the terms a nd conditions of this AGREEMENT.
5. STATE FUNDS will not pa1ticipate in any portion of PROJECT work performed
in advance of the effective date of the executed AGREEMENT.
6. Projects allocated with STATE FUNDS from the Bicyc le Transportation A ccount
(BTA) wil l be administered in accord ance with the c urrent Bicycle Transpot1ation
Account (BT A) Guidelines, as adopted or amended, and in accordance with Chapter 2 1,
"Bicycle Transpmtation Account (BTA)" of the Local Assistance Program Guidelines
(LAPG) published by STATE.
7. LOCAL AGENCY s hall provide or arrange fo r adequate supervision and
inspection of PROJECT. While consultants may perfonn s uperv ision a nd ins p ection
work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shal l
provide a fuU -time employee to be in responsible charge of PROJECT.
8. LOCAL AGENCY shall advertise, award, and administer the PROJECT
construction contract or contracts.
9. The cost of maintenance, security, or protection performed b y LOCAL AGENC Y
or contractor forces during any temporary suspension of PROJECT or at any other time
may not be charged to the PROJECT.
1 0. LOCAL AGENCY s hall design and construct PROJECT in accordance with
Chapte r 1000, Bikeway Planning and Design of the Highway D esign Manual that
describes minimum s tatewide design s tandards for bikeways and roads where bicyc le
travel is permitted and the Cali fo rnia Manual on Uniform T raffic Contro l Devices that
describes the uniform s tandards and s pecifications for all officia l traffic control devices .
II . LOCAL AGENCY s hall comply with the Americans wi th Disabilities Ac t (ADA)
of 1990 that prohibits di s crirnination on the basis of di sabilit y a nd all a ppli cable
regulations and guidelines iss ued purs uant to the ADA.
12. The Governor and the Legi s lature of the State of California, each within the ir
res pective jurisdictions, have prescribed certain nondiscrimina ti o n requi rem e nts with
respect to contract and other work financed with public fund s. LOCAL AGENCY agrees
to comply with the require ments of the F A1R EMPLOYMENT PRACTICES
ADDENDUM attached hereto as Exhibit B and further agrees that any agreement e ntered
into by LOCAL AGENCY w ith a t hird party for performance of work connected with
PROJECT s hall incorporate E xhibit B (with third party's name r eplacing LOC AL
AGENCY) as parts of s uch agreement.
13. LOCAL AG ENCY s hall include in all subcontracts awarde d w hen applicable, a
clause that requires each s ubco nh·actor to compl y with California Labor Code
requirement that a ll workers e mployed o n public works aspects of any project (as defi ned
in California Labor Code § 1720-1815) be paid not less than the gene ral prevailing wage
rates predetermined by the Department of lndus trial Relatio ns as effective at the date of
contract award by th e LOCAL AGN ECY .
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ARTICLE II-Rights of Way
1. No contract for the construction of PROJECT shall be awarded until all n ecessary
rights of way have been secured. P rior to the advertising for con structi o n of PROJECT,
LOCAL AGENCY shall cer6[y a nd, upon request, s hal l furnj s h STATE with e vidence
that al l necessary rights of way a r e available for construction purposes or will be
available by the time of award of the construction contract.
2. The furnis hing of ri ght of way by LO CAL AGENCY as prov ided for here in
includes, and is lim ited to, the fo llowing:
a) Expenditures to purch ase a ll real property requi red for PROJECT free and clear
of li ens, conflicting easem e nts, o bstructions and encumbrances, after crediting
PROJE CT with the fa ir market value of any excess property retained and no t
di sposed of by LOCAL AGENCY .
b) The cost o f furni shing of r ight of way as p rovided fo r h erein includes, in
addition to real property required fo r the PROJECT, ti tle fre e an d c lea r of
ob structions and encumbrances affecti ng PROJECT and the payment, as re quired
by appli cable law, of damages to owners or remainder real property not actu a ll y
taken but injurious ly afft::cted by PROJECT.
c) The cost of relocat ion payments and services provided to owners and occupants
pursuant to Goverrunent Code Sections 7260-7277 whe n PROJECT di splaces an
indiv id ual , family, bus iness, farm operation or nonpr ofi t organ izatio n.
d) The cost of demo lit ion and/or the sale of al l improvem ents on the ri gh t of way
after cred it are reco rd ed for sale proceed s u sed to offset PROJECT costs.
e) The cost of unavo id ab le utili ty rel ocation, prote ction, or re mova l.
f) The cos t of a ll necessary hazard o us mal eri al an d hazardous waste treatm ent,
encapsul atio n o r rem ova l and protect ive storage for wh ich LO CA L AGENCY
accepts respon sibility and where the actual gene ra tor cannot be ide nti fi ed and
recovery m ade.
3. LOCAL 1\.GENCY agrees to ind emnify and hold STATE harmless from a ny
liability that may result in the event the 1i ght of way for PROJECT, including, but not
lim ited to , being clear as certified, or if sa id ri ght of way is found to contain haza rdou s
materials r eq uiring tre atment or removal to remed ia le in accordance w ith fede ra l and
s tate laws. LOCAL AGENCY sh all p ay from its own non-ma tching funds, any costs
whlch aris e out of delays to the constructi on of PROJECT because utility facilities have
no t been timely r emoved or relocated, or because rights o f way were not avaj lable to
LOCAL AGENCY for the o rd erly prosecution of PROJECT work.
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4. If PROJECT is not on STATE-owned right of way, PROJECT shall be designed
and constructed in accordance with Chapter 1000 , Bikeway P lanning and Design of th e
Highway Design Manual that describes minim um statewide design standards for
bikeways and roads where bicycle travel is permitted and the California Manual on
Uniform Traffic Control Devices that describes the uniform s tandards and specifica tions
for al l official traffic control devices.
5. If PROJECT involves work within or partially within STATE-owned right of
way, that PROJECT shall also be subject to compliance with the policies, procedures and
standards of the STATE Project Devel opment Procedures Manual , Highway D esi gn
Manual, and Califo mia Manual on Uniform Traffic Control Devices and where
appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY
that outlines the PROJECT responsibilities and respecti ve obligations of the PARTIES.
LOCAL AGENCY and its contractors s haU each obtain an encroachment permit through
STATE prior to commencing any wor k within STATE right of way or work which
affects STATE facilities .
ARTICLE III -Engineering
l. LOCAL AGENCY eli g ible costs for prelimjnary engineering work includes all
pre liminary work directly related to PROJECT up to co ntract award for constr uction,
including, but not limi te d to , prelim inary su rveys and reports, labora tory work, s oi l
investigations, the preparation of plans, specifications and estimates (PS&E), advertising
for bids, awarding of a contract and project development contract administration.
2 . LOCAL AGENCY el igible costs for constructi on engineerin g in cludes actual
inspection and supervision of PROJECT construction work; construction stakin g;
laboratory and field tes ting; and the preparation and processiJ1g of fie ld reports, records.
e stimates, final repmts, and allowable expenses of employees/c o n sultants engaged in
such activities.
3 . Preliminary and construction engineering costs included in the estimat e contained
in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY wi ll
be on the bas is of the actual cost thereof to LOCAL AGENCY including compensation
and expense of personnel working on PROJECT, required m aterials, and automotive
expense provided, h owever, LOCAL AGENCY sh a ll contribute its gene ral
administrative and overhead expense.
4 . LOCAL AGENCY employees o r its subcontractor engineerin g con su ltant shall be
respons ib le for all PROJECT engineering work.
5. LOCAL AGENCY shall not procee d with fmal des ign of PROJ EC T until fin a l
environmenta l approval ofPROJECT. Final des ign entails the design work necessary to
complete the PS&E and other work necessary for a constru ction contract but no t required
earlier fo r env ironmental clearance of that PROJECT.
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6. LOCAL AGENCY s hall certify compliance or documentatio n of Categorical
Exemption determination with the app licable provisions of the California E nvironmental
Quality Act (CEQA) as define d in Title 14, California Code of Reg ulations, C hapter 3 ,
Guidelines for Implementatio n of the California E nvironmental Qua lity Act.
ARTICLE IV -Maintenance and Management
1. LOCAL AGENCY will maintain and operate the property acquired, deve lo ped,
constructed, rehabi litated, o r res tored by PROJECT for its intende d pub lic u se until s uch
time as the parties might amend this AGREEMENT to othe rwise provide. With the
approval of STATE, LOCAL AGENCY or its s uccessors in inte rest in the PROJECT
property may transfer this obligation and responsibilit y to maintai n and operate
PROJECT p r o perty for that intended public purpose to another public e ntity.
2 . Upon LOCAL AGENCY acceptance of the completed construction contract, or
upon the contractor(s) being relieved of the responsibility for maintaining and protecting
PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership,
liability , and expense thereof for PROJECT in a manner satisfac tory to the authorized
representative of STATE, and if PROJECT fall s within the jurisdic tional limits of another
Agency or Agencies , it is the duty of LOCAL AGENCY to facilitate a separate
maintenance agreement(s) be tween itself and the other jurisdictional Agency or A gencies
providing for the operation, maintenance, ownership and lia bility of PROJECT. U nti l
those agreements are executed , LOCAL AGE NCY will b e respons ible for a ll PROJECT
operations, maintenance, ownership a nd li abil ity in a manne r sati sfactory to the
autho rized representative of the STATE.
3. PROJECT and its facilities shall b e maintained by an adequate a nd well-trained
staff of engineers and/or such other professionals and technicians , as PROJECT
reasonably requires. Said operati ons and maintenance staff may be e mployees of
LOCAL AGENCY, another unit of g overnment, or contractor under agreement with
LOCAL AGENCY. All maintenance will be p e rformed at regular inte rval s or as required
for efficient operation of the c ompleted PROJECT improvements.
ARTICLE V-Fiscal Provision s
1 . STATE'S financial commitment of STATE FUNDS will occur only upon the
execution of this AGREEMENT.
2. STATE s hall have the right to terminate this AGREEMENT if a contract for
constructi on ofPROJECT has not been awa rd ed by LOCAL AGENCY within the first
fi scal year in w hich STATE FUNDS are al lo cated.
3 . STATE s h a U have the rig ht to terminate this AGREEMENT if PROJECT costs
have not been invoiced by LOCAL AGENCY with i n the fust fiscal year in which
STATE FUNDS are allocated, and as a minimum, to s ubmit in vo ices at least once eve ry
s i x (6) months thereafter.
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4. LOCAL A G ENCY may submit signed invoices in arrears for reimbursement of
allowable PROJECT costs on a monthly or quarterly progress basis once the
AGREEMENT has been executed by STATE.
5. LOCAL AGENCY agrees to submit a status repm1 wi thin thirty (30) days upon
STATE'S request for th e report. The PARTIES agree that STATE may void
AGREEMENT if the status report is not returned within the thirty (30) day p eri od unless
otherwise agreed by STATE in writing.
6. LOCAL AGENCY agrees to complete PROJECT and submit a final in voice by
Aprill, 2018. STATE shall pay to LOCAL AGENCY the STATE FUNDS share o f the
actual cost of the PROJECT prior to June 30, 2018, the expira tion date of STATE
FUNDS inc lud ed in thi s PROJECT.
7. Invoices s h a ll be s ubmitted o n LOCAL AGENC Y lette rh ead th at includes the
address of LOCAL AGENCY and s hall be fo rmatted in accordance wi th the c urrent
Bicycle Trans portation Account (BTA) Guidelines, as adopted o r amended, a nd in
accordance w ith C hapter 21, "Bicycle Transportation Account (BT A)" of the Local
Assistance Program Guid elines (LAPG) publi shed by STATE.
8. Invoices must have at least one copy of supporting backup documentation fo r
allowable costs incurred and c laimed fo r reimbursement by LOCAL AGENCY. All costs
charged to thi s AGREEMENT by LOCAL AGENCY shall be costs allowable under the
Cal ifornia B icycle Transportation Act. Acceptabl e backup documentat ion includes, but
is not limited to, agen cy's progress payment to the contractors, copi es of canceled checks
s howing amounts made payabl e to vendors and contractors, a nd /or a compute rized
summary of PROJECT costs.
9. Payments to LOCAL AGENCY can only be released by STATE as
reimbursem e nts of actual a ll owable PROJECT costs already incurred and pa id for by
LOCAL AGENCY.
10. State w ill withhold ten (1 0) percent of the total of all STATE FUNDS fo r each
progress invoice until LOCAL AGENCY submits the fina l invoice.
11 . T he estimated total cos t of PROJECT, the amount of STATE FUNDS obligated,
the required matching funds, and the ratio of STATE FUNDS to LOCA L AGENCY
fund s may not b e adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees
th at any increases in PROJECT cost must be defrayed with LOCAL AGENCY 'S own
funds .
12. LOCAL AGENCY shal l use its own non-STATE FUNDS to finance the local
share of eligibl e costs and all PROJECT expenditures or contract items rul e d ineli gible
for financin g with STATE FUNDS . STATE shall make a final determination of LOCAL
AGENCY cost eligibility for STATE FUNDED financing w ith respec t t o c laimed
PROJECT costs.
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13 . STATE FUNDS encumbered for PROJECT are available for liquidation only for
three (3) years from the b eginning of the State Fiscal Year in w hi c h th e funds we re
appr opri ated in the State Budget. STATE FUNDS not liquidated within this period will
be reverted un less a Cooperative Work Agr eement (CWA) is submitted by LOCAL
AGENCY and a p prove d by the California Department of Finance in accordance with
G overnm ent Code Secti on 16304.
14. The estimated costs of PROJECT are shown in EXHIDIT A. LOCAL AGENCY
may, a t its option , award contracts fo r amounts in excess of said estimates, and fi nal
project expenditures may exceed said estimates if sufficient local funds are avai lable to
fin ance th e excess. It i s understood th a t the a ll ocati on of ST ATE FUNDS sha ll not
exceed that shown in EXHIBIT A.
15. In the event LOCAL AGENCY'S fi nal costs of PROJECT are less th an said
estimate by r eason o f low bid or otherwise, the allocation of STATE FUNDS will be
decreased in relations hi p to t he percen t fun ded by STATE as shown in EXHIBI T A.
16. Exhibit C d efmed as the "Cerb fication of State Funding" template, shall be made
a part of, and completed by STATE, p rior to execution of this agreement.
17. Upo n w ritten d em and by STATE, any overpayment to LOCAL AGENCY of
amounts invoiced to STATE shall be returned to STATE.
ART I CLE VI-Audits , Third Party Contra cting, Reco rds R et ention a nd R eports
1. STATE reserves the righ t to conduct technical and financial audits of PROJECT
work and record s wh e n determined t o be necessary or appro p riate and LOCAL
AGENCY agrees, and shall require its co ntractors a nd subcontractors to agree, to
cooper at e with STATE by making all app ropr iate and relevant PROJECT records
availa ble for audit and copying as required by paragraph three (3) of Article V I.
2 . LOCAL AGENCY, its contractors and subcontractors shal l establi s h and maintain
an accounting system and records that properl y accumulate and segregate incurred
PROJECT costs and matching funds by line item for the PROJ ECT. The accounting
system of LOCAL AGENCY, its contractors a nd a ll subcontractors s hall conform to
Generally Accepted Accounting Principles; enable the d etermin ation of incuned costs at
interim po ints of completion ; and p rovid e support fo r reimbursement payment vo uchers
or invoices sent to or paid by STATE.
3. For the purpose of determini n g compl iance with T itle 21, California Code of
Regulations, Chapter 21, section 2500 et seq., when appl icable, and other matters
cormected with the performance and costs of LOCAL AGENCY'S contracts w ith third
parties pursuant t o Government Code Section 8546.7, LOCAL AGENCY, LOCAL
AGENCY'S contractors and subcontractors, and STATE s ha ll each mai ntai n and make
available for inspection and audit all b ooks, documents, papers, accounting records, and
other evidence pertaining to the perfonnance of such contracts, including, bu t not limited
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to, the costs of adminis tering th ose various contracts. All of the above-re ferenced p arti es
s hall m ake such AGREEMENT material s available at their respective offices at all
reasonable times during the e ntire PROJECT period and fo r three (3) years from the date
of fi n al payment to LOCAL AGENCY. STATE, the California State Audito r , or any dul y
authorized re presentati ve ofSTAT E or the U n ited States, sha ll each h ave access to any
books, reco rds, a nd documents that are p ertinent to a PROJECT fo r audi ts, examinatio n s ,
excerpts, and transactions a nd LOCAL AGENCY sh a ll furnis h copies thereo f if
request e d.
4. Any s ubcontrac t entered into by LOCAL AGENCY as a result of th is
AGREEMENT shall contain all o f the provisio ns o f Article V , F ISCAL PROVISIONS,
a nd this ARTICLE V I, AUDITS, TlllRD-PARTY CONTRACTING, RECORDS
RETENTION AND REPORTS and s ha ll mandate that travel and per di e m
reimbursemen ts and thi rd-party contract reimbursements to subcontract ors w ill be
a ll owable as PROJECT costs only a fter those costs are incurred and paid fo r b y th e
s ubcontractors.
5. To be eligi ble for local match credjt, LOCAL AGENCY must ensure that local
matc h funds used for a PROJECT meet the fiscal provision s requiremen ts outl ined in
ARTICL E V in the same manner that is required of aU other PROJECT expendi tures.
6 . In a ddition to the above, the pre-award requirements of third-party
contractor/consultant s with LOC AL AGENCY sh ould be con sistent with LOCAL
ASSISTAN CE PROCEDURES.
ARTICLE VII -Miscellaneous Provision s
1. LOCAL AGENCY agrees to use al l PROJECT funds re imbursed hereunder onl y
for Bicycle Transp ortation Acco unt purposes th at a re in co nformance w ith S treets and
Hig hways Cod e Sections 890 t hrough 894.2 and oth er appl icable California laws.
2. LOCAL AGENCY shall conform to all appli cabl e s tate a nd fe d eral statutes and
Local Assi s tance Prog ra m Guidelines (LPGL) a nd Local Assistance Procedures Manua l
(LAPM) as published b y STATE and incorporated herein, including a ll s ubsequent
approved revisions there to applicable to PROJECT.
3 . T his AGREEMENT is subject to any additional restrictions, limitations,
conditi ons, or any sta tute enacted by the State Legislature that may affect the prov isions,
terms, o r funding of thi s AGREEMENT in any manner.
4. Minor chan ges may be made in the PROJECT as desc1ibed in Exhi bit A upon
notice to STATE. No major chan ge, however, may be made to said PROJECT except
pu rsuant to a n am e nd m e nt to this agreement duly executed b y STATE and LOCAL
AGENCY.
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5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when
engaged in the performa nce of this AGREEMENT, shall act in an independ e nt capacity
and not as officers, employees, or agents of STATE.
6 . LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are
suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL
AGENCY agrees that it will notify STATE immediately in the event a s uspension or a
debarment occurs after the execution of this AGREEMENT.
7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person
or selling agency has been employed or retained to solicit or secure this AGREEMENT
upon an agreement or understanding fo r a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commerci al or
selling agencies maintained by LOCAL AGENCY for the purpose of securing business.
For breach or v iolation of this warranty, STATE has the ri g ht to annul this
AGREEMENT without liability, pay only for the value of the PROJECT work actually
performed, or in STATE'S di scretion, to deduct from the price of PROJ ECT, or
otherwise recover, the full amount of su ch commission, percentage, brokerage, or
contingent fcc.
8. In accordance with Public Contract Code, section 10296, LOCAL AGENC Y
hereby certifi es under penalty of perjury that no more than one fm al unacceptable finding
of contempt of court by a federal court has b een issued against LOCAL AGENCY within
the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to
comply with an order of a federal court that orders LOCAL AGENCY to comply with an
order of the National Labor Relations Board.
9. L9CAL AGENCY s hall disclo se any financial, business or o the r relations hip
with STATE that may have an impact upon the outcome ofthis AGREEMENT. LOCAL
AGENCY sha ll al so list current contractors who may have a financial interest in the
outcome of PROJECT undertaken pursuant to this AGREEMENT.
10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire
any financial or bus iness interest that would conflict with the performance of PROJECT
initiated under th is AGREEMENT.
11. LOCAL AGENCY warrants tha t thi s AGREEMENT was not obtained or secured
through rebates, kickbacks, or other unlawfuJ consideration either promised or paid to
any STATE employee. For breach or violation of tills warranty, STATE s hall have the
right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only
for PROJECT work actually performed; or to deduct from PROJECT price or otherwise
recover the fuU amount of such rebate, kickback, or other unlawful consideration .
12. Any dispute concerning a question of facl arising under this AGREEMENT that is
not disposed of by agreement shall be decided by the STATE'S Contract Officer, who
may consider any written or ve rbal evidence submitted by LOCAL AGENCY. The
9
decision of the Con t ract Officer, issued in writing, s hall be conclus ive and b indi ng on the
PARTIES o n a ll questions of fact considered and determin ed by the Contract O ffi cer.
13. Neither the pending of a dispute nor its consideratio n by Contract Offic er wi ll
excuse the LOCAL AGENCY from fu ll and time ly performance in accordance with the
t erms of this AGREEMENT.
14 . Neither STATE nor any officer or employee thereof is responsi ble for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
LOCAL AGENCY under, or in connection with any work , a uthority o r juris diction of
LOCAL AGENCY arising under this AGREEMENT. It i s understood and agreed that
LOCAL AGENCY s hall full y defend, indemnify and save h armless STATE and al l of its
offi cers a nd employees from all c la ims and suits or actions of every name, kind and
desc ription brought forth under, including but not lim ited to, tortious, cont ractual, inverse
condemnation or othe r theories or asse rti ons of li abi lity occurring by reason of anything
done or o mitted to be done by LOCAL AGENCY unde r this AGREEMENT.
15. Neithe r LOCAL AGENCY no r any officer or employee th e reof is responsible for
any injury, damage or liability occurring by reason of anything done or o m itted to be
done by STATE under, or in connection w ith any work, authority or j urisdicti on of
ST/\TE arising unde r this AGREEMENT. It is understood and agreed that STATE s hall
fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers
and employees from all c laims and suits o r actions of every name, kind and d escriptio n
b rought forth under, including but n ot limited to, tortious, contractual, inverse
condemnation o r other theories or a sse1ti ons of liability occurring by reaso n of anything
done o r omitted to be d o n e by STATE under this AGREEMENT.
16. In the event of (a) LOCAL AGENCY failing to time ly proceed w ith effective
PROJECT work in accordance w ith this AGREEMENT; (b) failing to mainta in any
applicable bondin g requirem ents; a nd (c) otherwise materia lly violating th e terms and
conditions of this AGREEMENT, STATE reserves the ri ght to terminate funding for
PROJECT upon thitty (30) days written notice to LOCAL AGENCY.
17. No termination notice shall become effective if with in t hirty (30) days after
receipt of a Notice of Termination, LOCAL AGENCY e ither cures th e default involved,
or if the d efault is no t reasonably susceptibl e of cure within said thirty (30) day period the
LO CAL AGENCY proceeds thereafter to complete that cure in a manner and timeline
acceptable to STATE.
18. A ny s uch termi nation shall be acco mp lished by del ivery to LOCAL AG ENCY of.
a Notice of Termin a ti on, which notice shall become effective not less than thi rt y (30)
days after receipt; specifying the reason for the termination; the extent to which funding
of work un der this AGREEMENT is terminated, and the date upon which such
termination becom es effective if beyond thirty (30) days after receipt. Duri n g th e peri od
before the effecti vc temlination date, LOCAL AGENCY and STATE sh a ll meet to
attempt to reso lve any dispute. If ST I\ TE terminates funding for PROJECT with
10
LOCAL AGENCY for the reasons stated in parag raph sixtee n (16) of ARTICLE VI ,
STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY unde r this
AGREEMENT prior to termination, provided ; however, LO CAL AGENCY is not in
default of the terms and conditions of this AGREEMENT and that the cost of any
PROJECT completio n to STATE shall first be deducted from any sum due LOCAL
AGENCY.
19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in
accordance with those laws applicable to LOCAL AGENCY. In the case of
inconsistency or conflicts, the terms of this agreement sh a ll prevail.
20. Without the written consent of STATE, thj s AGREEMENT is not assignable by
LOCAL AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unl ess
made in writing and signed by the PARTIES, and no o ral understanding or agreement not
incorporated herein s hall be binding on any of the PARTIES .
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
Department ofT ran sportation
By ~ts"/ ~~
DEBORAII LYNCH, BTA Coordinator
Bicycle Facilities Unit
Division o f Local Assistance
Date: I zf) /z..c I 'U
---------
LOCAL AGENCY
City ofTemple City
By 4t-
Name: Jose Pulido ====--------------
Title: City Manager
Date: ___ Nwlo.uur..t::eClllm.wb et:.JrL-...J.l--~.5..,., _.2'-'-0ul...£.2 ________ _
11
EXIDBIT A
/I .• ~ ... r . PROJECT DESei&TION ANl)_ COSTS • !' ..
• .... ~ .
Local Agen cy: I Agreem en t No.
CitY_ of Temple City BTA 1213 -07-LA-19
Project Location:
4 .8 mi les of C lass .II lan es on El Mon te Ave, Las Tunas Drive, 5.2 mi les of Class Ill routes on
Golden West Avenue, Ardren Drive, Lon gden Avenue, Lemon Avenue and Oak Avenu e, 2.54
miles of Freer and Olive Street
Type of Work:
Construction of 12.6 miles of Class II, Class lli and bicycle bo ul evard
Length: 12.6 m iles
Funding Preliminary Construction Right of Way Con struction Total Cost Percent
Source -Engineering Engineering Acquis ition Contract
BTA $46,432 $30,955 $0 $402,600 $479,987 90%
Local $5,159 $3,439 $0 $44,733 $5 3,3 3 1 10 %
Other $0 $0 $0 $0
TotaJ $51 ,591 $34,394 $0 $447,333 $533,318 100%
12
EXH IBlTB
FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM
1. In the performance of this AGREEMENT, LOCAL AGENCY w ill not
discriminate agai nst a n y employee for employme nt because of race , sex, sexual
orientation, reli gion, age, a ncestry, na ti onal origin, pregnancy l eave, o r disabi lit y leave.
LOCAL AGEN CY will take affinnative actio n to ensure that employees are treated
during e mployment, witho ut regard to th ei r race, sex, sexua l o ri entation, co lo r , reli g ion ,
ancestry, or national o rigin, physical di sability, medical o r di sability leave. Such ac ti on
shall include, but not b e li mited to, the followin g: employment, upgrading, demoti on o r
tran sfer; recruitment o r recruitment advet1 ising; layoff or t e rminatio n ; rates of pay or
other forms of compensatio n; and sel ection for training, including appren ticeshi p.
LOCAL AGENCY sh aH pos t in conspi cuous places, avai labl e to employees for
employment, notices to be p rovided STATE setting forth the provisions of this Fair
Employment section.
2. LOCAL AGENCY, its contracto r(s) and a ll subcon tractors s hall comply with the
p rovis ions of th e Fair Employment and H ousing Act (Gov. Code § 1290-0 et seq.), an d
th e applicable regulations pro mulgated thereunder (Cal. Code Regs. T itl e 2, §7285 .0, e t
seq .) T h e applicab le regulatio n s of th e Fair Employment and Jl ousin g Commissio n
Lmpl ementing Government Code, secti on l 2900(a-t), set fo rth in Chapte r 5 of Divis ion 4
of Title 2 of the Ca li fo rnia Code of Reg ulati o ns a r e i ncorporated in to thi s AGREEMENT
by reference and m ade a part hereof as if set forth in ful l. Each of the LOCAL
AGENCY'S contractors and all subco ntractors shall give written notice of their
obligations under this clause to labo r o r gani zatio ns with which they have a coll ecti ve
bargaining o r other agreemen ts, as appropriate.
3. LOC AL AGENCY shall inc lude th e nondi scrimination and complia nce
provisions of this clause in a ll contract s and subcon t racts to perform work unde r this
AGREEMENT.
4. The Contractor wi iJ permit access t o the records of e mployment , employment
advertisements, application forms, and o the r pertinent d a ta and records by STATE, the
State Fair E mployment and H ousing Commission, or an y other agency o f the State of
California design ated by STATE, for purposes of investigation to ascertain compliance
w it h the Fair Empl oyment sectio n of thi s AGREEM ENT.
5. Remed ies for Willful Viola tio ns:
(a) STATE may de termin e a wi ll ful violation of the Fair Employme nt provi sion
to have occurred upon receipt of a final judgment to th at effect from a court in a n
actio n to which LOCAL AGENCY was a p a rty , o r upon receipt of a written
notice from the Fair E mployment and Housing Commiss io n t h a t it has
investigate d and determirted that LOCAL AGENCY has violated the Fair
Employment Practices Act and has issued an ord er under Labor Co d e , section
13
EXH IBIT C
CERTIFICATION OF STATE FUNDING
BTA 12/13-07 -LA-19, Cit yofTempleCit y
I hereby certify upon my own know ledge that budgete d fund s are ava il abl e for t hi s e nc um brance.
Accounting Officer D a te Fundi ng
5!71 '-(_. {j/{ 1 Y~hoL3 141 ~L tizoo ( I u
Fund
C hapter Statues Item Fisca l Y ea r PEC PECT T a s k Code BTA Funds
21 /29 20 12 2660-101 -0045 20 12 -201 3 20300 10 660 2200 0045 $479,987.00
co
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LOS ANGELES COUNTY, CAUFORNIA
CONSTRUCTION PLANS
BCYCLE TRANSPORTATION ACCOUIIIT
OAK AVE, LEMON AVE, LON<lDEN AVE, OUVE ST, FREER ST
GOLDEN WEST AVE, ARDEN DR, AND EL MONTE AVE
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ATTACHMENT C
CITY OF TEMPLE C ITY
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND CONSTRUCTION PLANS
FOR
BICYCLE TRANSPORTATION ACCOUNT
FEDERALLY FUNDED PROJECT
PROJECT FUND IN G ID NO: BTA 1213-07-LA-19
IN THE C ITY OF TEMPLE C ITY
The C ity C lerk for the C ity of TemJ>Ie C i , California will receive at her office on
the City Hall , in said C ity , until 0:00a.m on ~ sealed proposals for
the performance of the above described serv ic es.
C ITY OF TEMPLE C ITY
Cy nthi a Sternquis t, Mayor
Carl Blum , Mayor Pro Tern
Tom C havez, Coun cilmember
V incent Yu, Counci lmember
Fernando V izcan·a, Councilmember
Attachment C BTA Project Bid Docments Specifications
CITY OF TEMPLE CITY
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
SPECIFI CATIONS AND CONSTRUCTION PLANS
FOR
BICYCLE TRANSPORTATION ACCOUNT
FEDERALLY FUNDED PROJECT
PROJECT FUNDING ID NO: BTA 1213-07-LA-19
IN THE C ITY OF TEMPLE CITY
Prepared By:
EFI
Civ il & Traffic E n g in ee ring
Land Survey in g & Co nstruction Management
1593 Liberty Dr
Co rona, CA 92881
Under the s uperv ision of
E lie Farah, PE.
RCE 42080
For
C ity of Temple C ity
9701 Las Tunas Drive
Temple C ity, California 91789
(626) 285-2171
Attachment C BTA Project Bid Docments Specifications
TABLE OF C ON TENT S
NOTICE TNV IT ING SEALED BIDS ............................................................................................. I -3
INFORMATION FOR B I DDERS ................................................................................................. .4-8
B IDDER'S PROPOSA L ................................................................................................................. 9-10
CONTRACT .................................................................................................................................... l l -I2
SCHEDULE OF PRICES ................................................................................................................ 13-22
REFERENCES ................................................................................................................................ 23
SUBCONTRACTOR LIST ............................................................................................................. 24
CONTRACTORS INDUSTRIAL SAFETY R ECORD .................................................................. 25
AFFJDAV IT FOR CO-PARTNERSH IP F IRM .............................................................................. 26
AFFJDA V JT FOR CO RPORAT ION BIDDER .............................................................................. 27
AFFIDAVIT FOR IN DIVIDUAL BIDDER ................................................................................... 28
AFFI DAAV IT FOR J O INT VENTUR£ ......................................................................................... 29
FAITHFU L PE R FORM ANCE BOND ........................................................................................... 3 0
LABOR AND MATERIALS BOND .............................................................................................. 3 1
BIDDE R'S BOND .......................................................................................................................... 32-33
CERTIF ICATION OF NON -DISCRIMTNATION ......................................................................... 34
CERTI FICATION W ITH REGARD TO THE PERFORLMAN CE OF PREVIOUS
CONTRACTS AND SU BCONTRACTS ....................................................................................... 35
NON-COLLUSI ON AFFIDAVIT ................................................................................................... 36
GENERAL SPECJFJCATIONS ...................................................................................................... GS-1-2
SPECIAL PROVIS IONS PART 1 -GENERAL ............................................................................ S P-1-2 0
SPECIAL PROVIS IONS PART 2 -S IGN ING, STRI PING, & PAVEMENT MARKERS .......... S P-2 1-22
TECHNICAL SPEC IF ICATIONS .................................................................................................. TS-1-18
APPENDIX:
I. FEDERAL FUN DED PROJ ECT REQ UIR EMEN TS
II. FE DERA L WAGE DETERMI NATI ON
III. STA N DARD PLANS
Attachment C BTA Project Bid Docments Specifications
C I T Y O F T EMP LE CITY
NOTICE OF I NVIT I NG SEAL E D BIDS
BICYCL E TRANSPORTATION ACCO UN T
FEDE RALLY FUNDE D PROJECT
PROJECT FUN DIN G IO NO: BTA 1213-07-LA-19
RECIE PT O F PROPOSALS: Sealed pr oposals w ill be r eceived at t he office of the
C ity C le r k, C ity Hall , T e mple C ity, Cal iforn ia, until 10:00 a .m. on ~
for t he furni sh in g of a ll labor a nd ma te ri a ls and e q ui pment for t he Ro semead B lvd Sa fet y
E nha nceme nt And B eautifi cat io n and o the r inc idental and appurtenant work. T he words
"Bid: C ity of Temple C ity Bicycle Tran s po rta tion Accou nt , Ci ty of T e mple C i ty t o be
opened a t 10:00 a.m. on ~ s ha ll appear on th e e nvelope of each sealed
b id and each seale d enve lope s ha ll b e a ddressed to th e C ity C le rk , C ity Hall, T e mpl e C ity
Ca liforni a 91780. The proposals wi ll be public ly opened and read in the Council
C ha mbers, C ity Hall Temple C it y, Californi a, a t 10:00 a.m . on ~
DESCRIPT ION OF WORK: The work to be perform e d or execu te d under th ese
specifi cati ons con s is ts of and included t he re construction of various s id ewalk and access
ramps, in stall at io n of in -paveme nt lig hti ng, conduits , speed feedback s ign s, a l te ra t ion o f
land scap in g and i rrigation system s, S ig n in g & Striping within th e C ity of Temple C ity,
a nd appurtenant work necessa ry fo r the prope r con s tr uctio n of t he conte mplated
i mpro vement, as indicated o n the accompan ying p la ns .
MANDATORY PRE-BID MEETING:
Attendance a t a pre-bid meeting is m andatory and w ill be he ld on XXX at XX AM a t
C ity !J ail, 970 1 Las Tunas Dri ve , T emple C it y, Ca li forn ia 9 1789. All Prime
Contractors are required to have a represe ntative attend and s ign-in at the pre-bid
m eeting. Failure to comply with thi s attendance and sign-in requirements will
result in Bidder's proposal being found non-responsive to the required
procedures.)
C O M PLETION O F W ORK: A ll wo rk s h a ll be completed within Thirty (30)
afte r the Not ice T o Proceed is issued by th e C ity .
ENG I NEER 'S ESTI MATE: T he Safe Ro ute to Schoo l base b id is esti ma ted to cost
$xxx a ll in accord ance with the provis io ns of the P lans, Specifications , Not ices a nd
I nstruct io n s to B idders .
OB TAI NI NG CONTRACT DOCU M ENTS: P lans and Specifi cations and a ll contract
doc uments may be obta ined b y fi rs t n o ti fyin g th e C ity C le r k. A no n-refunda bl e fee
required to obta in each set of P lan s a nd Specifications.
PROPOSAL G UARA NT Y: each p roposal mus t be acco mpan ie d by cas h or by a
cash ie r 's or certified check or by a bid bond in th e amount of ten (1 0%) of th e bid price
p ayable to the C ity of T e mp le C ity as a g ua ra ntee th at th e bidde r, if h is proposal is
accepte d , w ill promptly execute the contract, secure p ayme nt of Workme n 's
Compe nsation Insura nce, furnish a sati sfactory Faithfu l Pe rforma nce Bond in a amount
no t less than o ne h undred pe rcent (I 00%) o f the total bi d price, and a Labor a nd M a te rial
Bind in a amou nt not less th a n o ne h undred percent (100%) of th e total bid pri ce. Said
bonds to b e secured from a s ure ty company a ut h orized to do bus iness in a t th e State of
Cali forn ia , and s u bj ect to the approva l of the C ity Attorney .
PREVAILI NG WAG E RATES: As required by the Cal ifornia Labor Code,
Section 1773 et seq. The City Coun ci l of the City of Temple City in corporated herein by
reference the general prevai ling rate of per die m wages as determined by the Director of
In dustrial Relation on the s tate of Cali fo rni a. Copies of th e prevai lin g rate of per diem
wages a re on file in t he offi ce of t he C ity C lerk and will be made a vail a bl e to any
in terested party upon request. In accordance w ith the Labor Code, n o workman
e mp loyed upon work under thi s contract shall be pa id less than the above referenced
p revail ing wage rate. A copy of said rates s hall be posted at each job s ite during the
cou rse of construction.
A n y classification omitted he rein s hall be paid not less than the prevailing wage scale as
establ is hed for s i mi lar work in the partic ul ar area, and a ll overtime s hall be paid at the
prevai ling rates as establis hed fo r th e particu lar a rea. Sunday and holiday ti me sha ll be
paid at the wage rates d e te rm ined by th e D irecto r of Industria l Relation s .
A ll bidders are req uired to comply w ith a ll appli cab le Cali forni a competiti ve b idding and
labor compl iance laws in c luding, bu t not li mi ted to , active soli citation of s u bcontract bids
from minority-owned b us in esses, wo men-owned businesses, and businesses owned b y
disabled vete ran's . Compliance w it h Cal ifo rn ia prevai ling wage rates a nd apprenticeships
e mpl oyment standar d s establ ished by the State Director of I ndus tri a l Rel ations is
requ ired. The proj ect is to comply with a l l applicable Federal an d State l abor regu lations.
Bidders are a d vised that, as required by Federal law, the State ha s establi sh e d a s tatew ide
ove ra ll DBE goa l. C i ty of Temple C ity Federal-aid contract is considered to be a part of
the s tatewid e over a ll DBE goa l. T h e C ity of Temple C ity i s r equired to report to Ca l trans
on DBE participati o n fo r a ll Federal-aid contracts each year so th at atta inment effor1s
may be evaluated.
Any contract e nter ed into pursuant to this notice w il l incorporate the provisions of the
State Labor Code. Compli ance w i th th e prevail i ng rates of wages and apprent iceships
employment standards establ ished by th e State Director of Industria l Rela ti ons and the
Federal government wi ll be required. T his is a Federally fund e d project a nd Dav i -
Baco n will be e nforced, and w h ere the State a nd Federal wage r ates are a pplicable,
th e higher of the two will be u sed.
The City hereby n o tifies a ll qualified bidders that i t w il l affirmatively ins ure that
qualified minority b us in ess enterprises wil l be afforded fu ll opportunity to s ubmit bids in
response to th i s in v i tation and wi ll not be discriminated a gain s t on the bas is of race,
color, national o ri gin, ancestry, sex, re l igion, or handicap in consideration for an award.
Attention is directed to th e provis ions of Sect ion 1777.5 (Ch apter 1411 , Statutes of 196 8)
and 1777.5 of the Labor Code concernin g t he employm e nt of apprentices by the
Contractor or a n y s uc h s ubcontracto r und er h ire. T he bidder s a nd the selected contracto r
s ha ll n ot a ll ow d iscrimination in e mpl oym e nt p ractices on th e bas is of race, color,
national origin, a ncestry, sex, religion, or handicap. T h e City o f Tem ple has a AADPL
of 9.5% for this pro ject purs u a nt t o Fed e ral DBE requirem e nts.
PAYMENT: paym e nt w ill be made to th e Contractor in accordance with the standard
sp ecifi catio ns and the Special Provisions section of th is document.
2
CITY ' RIGHTS RESERVED: The City of Templ e City reserves the ri g ht to reject
any and all proposal s or bids, s ho uld it deem thi s necessary for the publi c good , a nd also
the bid of th e bidder who has been delinque nt or unfaithful in any former contract with
th e City of Temple City. o bidder m ay withdraw hi s bid for a period of thi rty (30) days
after the date of the b id opening .
CITY OF TEM PL E CITY , CA LIF ORNIA
DATE D :~
B y: Peggy Kuo, it y Clerk
3
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City in v ites bids o n the form attached to be
submitte d a t s uch time and pl ace as is stated in th e No ti ce In viting Sealed Bids. A ll b ids
s hould be m a d e in accordance w ith the prov is ions of the Stand ard Specifications for
Public Works Con structio n , 2009 E dition (with a ll s uppleme nts) And Caltrans Standard
specifi cation s, la te s t Editi on. A ll blanks on th e b ids fo rm must be appropriately fill ed in.
All bi ds s hall be s ubmitte d in sea le d e nvel opes bearin g on the outsi d e the mane of th e
bidde r, bidde r 's address, and the n a m e of the project for which the bid i s s ubmitted ,
according to th e form at spec ifi ed in the secti on ti tled Receipt of Proposals . It is the sole
resp o ns ibility of the bidder to see that the bid i s rece ived in a proper t im e. Any bid
recei ved after the sch edul e closing tim e for receipt of bids w ill be returned to the b idder
unopen ed.
2 . PREPARATION GUARANTEE: Each proposal s hall be accompanied be cash o r
by a cashi er's or c ertified check o r be a bid bo nd by a n "admitted s uret y insurer" in the
a mo unt of not less than te n p e r cent (1 0%) of the amount named in the proposal. Said
ch eck or bond shall be mad e payable to the C ity C lerk of the C ity of Temple City a nd
sh a ll be g iven as a guaran ty that the bidd e r , if award ed the work, will e nter into a contract
a s h erei nafter provided. ln case of refusa l or fai lure to enter sa id contract, the c heck or
bond. As th e case m ay be, shall be forfeite d to th e C ity . No bidder's bo nd w ill be
accepted unless it conforms sub s tantially t o th e form furni s he d b y the C ity , which is
bound herein, and is prope rl y filled out and executed .
3. SIGNATURE: The bid mu st be s ig n ed in the name of the bidder and mus t bear the
sign ature in lo ng hand of the p erson or persons dul y a uthori zed to s ig n the bid o n beh alf
of the bidde r.
4. MODIFICATIONS: C ha nge s in o r additi o n to the bid form , recapitu latio ns of t he
work bid upon , a lte rnati ve proposals or a ny othe r modifications of t he bid fo rm w hi c h is
no t s pecifically call ed fo r in the contract doc w11ents may r esult in the owner 's rej ection of
the bid as not be ing r esponsive to the in vitation to b id. No oral or tel e phonic
m od ifi catio n of any bid submitted w ill be cons idere d but a t e legraphi c modificati on may
be cons ide red and on ly if a pos tma rk ev id en ces that a confirma ti o n of th e te legram duly
s ign ed by the bidder was p la ced in the m ai l prior to the op ening of bid s . The bi d
submitted mus t not containe d any er as ures , interlineation s, o r other correcti on unl ess
each suc h correcti on is s ui tab ly authenticate d by affixing in the margin immediately
oppos ite the correction the s urname or s urnam es of the p ers on or p e rsons s igning the bid .
5. DISCREPENCIES IN PROPOSAL: In case of di screp an c ies between wo rds and
figures, the word s shall prevail. If the amounts bid o n indi v idual ite m s (if called fo r) d o
not in fact add to the total am ount shown by th e b idd er, the COITectl y added total of the
indi v idual ite m s s h all prevai l over t he total fi g ure s hown. The estima ted quantiti es and
amounts are for the purpose of compari son of bids only. The C ity Counc il ofthe C i ty of
Templ e C ity reserved the r ig ht to reject an y and all bids and to waive a ny itTegularity or
informa li ty in any bid t o the exte nt permitted by law.
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6. BIDDDER'S EXAMINATION OF SITE: Each bidde r s ha ll examine care full y t he
s it e of th e proposed work and t he co ntract documents therefore. It w ill b e assumed t ha t
the bid de r h as investi gated a nd is sati sfied as to the co nditions to be enco untered a s to th e
c ha racter, quality, and quan tity of m a te ri a ls t o be furn ish ed , and as to t he require me n ts of
the contract, s pecificatio ns a nd drawings . The n a m e of th e individua l who exam ined t he
s ite of the wo rk a nd the date of s uch examinatio n s ha ll be stated on the proposal.
B y s ubmittin g a bid, th e b idder w ill be h eld to have person a ll y exam ined th e site and t he
drawings, to have carefu ll y read th e s pecific a ti ons, a nd to have sati sfied himself as to h is
a bility to meet a ll the d ifficulties attend ing th e executio n of t he proposed con tract before
th e deli ver of his proposal , and agrees th at if he is awarded the contract, h e w ill make no
c lai m again s t the C ity of Temple C it y based o n ignorance o r m is und e rs tanding of the
contract prov is io ns.
7. WITHDRAWAL OF BIDS : A ny bidde r may w ithdra w hi s bid withe r perso na ll y, by
w ritten req ues t , or by telegrap hi c req uest confirn1 e d in t he manne r specified a b ove at any
ti me prior to t he scheduled closing time fo r rece ipt of bi d s .
8. INSURANCE AND BIN DS : T he contracto r sha ll n ot comme nce work unde r thi s
cont ract unti l he has secured all ins uran ce and bonds required under thi s secti o n no r s h a ll
he a ll ow any s ubcontractor to comme nce work on any s ub contract until all s imilar
in s ura nce a nd bo nd s req uired of the s ubc on tractor have been obtained. A ll in s urance
issu ed in compli ance w ith thi s secti on shall be issued in th e fo rm, and is an in surer of
in s u rers, sati sfactory t o and firs t approved by th e C ity in writ ing. Certificates of
in s urance in the amounts requ ir es sh a ll be furn is he d b y th e contractor to the C ity prior to
th e commencement of work .
T he con tractor s hall m a in ta in adequa te W o rker 's Compen satio n In s ura nce und er t he laws
of the state o f Ca lifornia for a ll labor employed by him or by any s ubcontractor under
him wh o ma y co me w ithin the pro tecti on of s uc h Worker 's Compe nsation In surance
laws. T he contractor s ha ll m a in ta in publ ic li a bility ins urance to protect sa id co ntractor
and the C ity aga ins t loss from li ability im posed by law, for damages in accou nt o f bod il y
injury, includin g d eath resultin g th e refro m, su ffe r e d or a ll eged to have been s uffered by
any person or p er sons, o th e r th a n e mpl oyees, resulting directl y or indirectl y fr om t he
performance or executi o n of thi s contract or any s ubcontrac t thereund er, and al so to
protect said contracto r and the C i ty again st loss fro m lia bili ty imposed by law, fo r
damage to any prop erty, damage in s ura nce s ha ll be mainta in ed by t he co ntractor in fu ll
force and effect during the entire period of performance und e r thi s contract, in the
a mo unt of not less than $1,000,000 for one pe rson injured in th e accid ent and i n th e
am o unt of no t less th an $1,000,000 fo r m ore than o ne person injured in one acciden t and
in th e amo un t of not le ss than $1,000,000 w ith respect to any prop e rty d a mage afore said.
T he contractor sh a ll secure w ith a respons ible corporat e surety, or corporate su reties,
sati sfactory bonds conditio ned up on faithful performance by th e contractor of a ll
require ments under t he contract and upo n the payment o f c la ims of mate rial s, men and
labo rers th e re und e r. The Faithful Performan ce Bond s ha ll be in th e s um of not less than
5
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One hundred percent (100%) of the estimated aggregate amount of the paym ents to be
made under the contract computed on the ba si s o f the prices s tate d in the proposal. The
Labor and Material Bond s hall be in the s um of n ot less than one hundred percent ( 100%)
of the estimated aggregate amount of the pay ments to b e made under the contract
computed on th e basis of the prices s ta ted in the propo sal.
9 . INTERPRETATION OF PLANS AND DOCUMENTS: If any perso n
contemplating s ubmitting a bid for the proposed contract is in doubt a s to th e tru e
m eaning of any part of the drawin gs, s pecifi cation, of the contract documents, o r find s
discrepancies in , or omi ssion s from the drawings and specification s, he may s ubmi t to the
City a written req ues t for an interpretation or correction thereof. T he person s ubmitting
the request wi ll be respons ible for its prompt delivery. An y interpre ta tion o r correction
of the contract documents wi ll only be made b y an Addend um duly issued a nd a copy of
s uch addendum will be mailed or delivered t o each pe rs on receiv ing a set of the contract
documents. No pers on is a uth ori zed to make an y oral inte rpretati on of a ny provis io n to
the contract documents to any bidder, and no bidder i s authori zed to re ly on any s u ch
unauthorized ora l interpretation.
I 0. DISQUALIFICATION OF BIDDERS: M o re than one proposal from an indi v idual ,
firm partne rship, corporation , or associati o n unde r th e same or differ e nt names, w ill not
be consid ered , Reason able grounds for believ in g th at any bidde r is interest ed in m o re
than one proposal for the work contemplated w ill cau se the rejection of a ll proposals o n
which s uch bidder in inte rested. If there is reason for be li eving that co llu s ion exi sts
among the bidders, all bids w ill be rejected and n one of the partic ipants in s u ch collus ion
will be cons idered in future pro po sals.
No award will be made to any bidder who c annot g ive sati sfactory a ssurance as t o hi s
ability to carry out the contract, both from hi s financial r atin g and by reason o f his
previous exp e rience as a Contractor on work of the nature contemplated in the contract.
The bidde r may be requires to s ubmit hi s record of work of s imilar natu re to that
proposed unde r these s pecificati o ns, a nd unfamiliarity w ith th e ty pe of work m ay be
suffic i ent cau se for rejection of tha t bid.
11. AWARD OF CONTRACT: The City may award th e contract to the lowest
responsible bidde r on the tota l base bid or o n any one of the a lte m a tes indicated in the
propos al. Bids wi ll be co mpare d on the bas is of t h e lowest possible cost relati ve to th e
alternate or a lte rn ates selecte d a nd th e contract, if awarded, wi ll be awarded to a
responsible bidder whose proposal compli e s w ith the re quirements of these
specifications . The award if ma d e, will be m ade w itltin f011y five ( 45) calendar days after
the opening o f the proposal s; p r ovided that the award may be m ad e after said period of
the s uccessful bidd er s hall not have g iven the C ity w ritte n notice of the w ithdrawal of hi s
bid.
12. ALTERNATIVES: If a lt e m ate bid s are called for, the co ntract may b e awarde d at
the e lection ofthe governing board to the l owest r espons ible bidder o n the base bid, or on
the base bid and any alternate or combina ti on of alternates.
6
13. COMPETENCY OF BIDDERS: In selecting the lowest bidde r, cons id eratio n wi ll
be g iven n o t on ly to th e financial s tanding but a lso to the genera l competency of th e
bidder for the performa nce of the work covered b y the p ropos al.
14. LISTING SUBCONTRACTORS: Each bidder s hall s ubmit a li s t of th e proposed
s ubco ntract or s on thi s proj ect as required by the Subletti ng a nd Subcontracting Fair
Pra ctices Act (Gov. Cod e Sec. 4100 a nd foll owin g). Forms for thi s pu rpose a re furn ished
w ith the con tract documents (page 16).
15. WORKER'S COMPENSATION: In accord ance with th e prov is ions of Section
37 00 of the La bor Code, th e Co ntractor s hall secure the p aym e nt of th e compensati o n to
hi s e mpl oyees. The Contracto r s ha ll s ig n and file w ith the C it y th e fo ll ow in g certifi cate
pri or or p e rformi ng the work under thi s contract: "] am aware of the provisions of Sectio n
3700 of the Labor Code w hi c h require compensat ion or to undertake self-in s urance in
accordan ce w ith the pro v is ions of th at code, and I w ill comply wi th s uch provi s ions
be fo re commencing th e performance of th e wo rk of thi s contract."
16. BID DEPOSIT RET URN: D e posits of three or more low b id d e rs, the number bei ng
at the discretion of the C ity, w ill be he ld fo r s ixty days or u ntil postin g by the s uccessful
bidde r of the Binds required and r e turn of executed copies of the Agreement, w hi c hever
firs t occurs, at wh ich time the deposits will be return e d afte r cons id eration of th e bids .
17. EXECUTION OF CONTRACT: The bidde r to w h om awa rd is m ade s ha ll execute
a w ritte n contract with the C ity o n th e fo rm agreement prov id e d , and s ha ll secure a ll
in s urance a nd bonds as he rein p rovid ed with in ten (1 0) days fro m the date of writte n
no tice of the award. Failure o r re fu sal to ente r into a contract as herein prov id ed, or to
conform to any of th e s tipul a ted re quire ments in connection the rewith s ha ll be just cau se
fo r the a nnulment of the award and the fo rfe iture of the proposa l g uaranty.
If the s uccessfu l bidde r re fus es o f fai ls to execute the contract, the C ity may award the
co ntact to th e second lowest respons ibl e bidder. If the second lowest respo n s ible bidde r
refuses o r fa il s to execute th e co ntract, th e C ity may award the co ntract to the third lowest
responsib le b idder. On the fa ilure or refu s a l of s uc h second o r third lowes t bidder to
execute the contract, s uc h b id d er 's g uarant ees s h a ll be likewise forfe ite d to th e C ity. T he
work may th e n be re-a d verti sed .
1 8. "OR EQUAL": Purs uant to Di v is ion 5, C h apter 4 , Artic le 4 (commencing at
#4380) Government Cod e, a ll s pecifi cations s ha ll be d eemed to includ e the word s "or
Equal , provided however that p e rmi ss ib le exceptions hereto s hall be sp ecifi ca ll y noted in
the s p ecifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and a ll s ubcontractors,
s ha ll comply w ith the prov is io ns in secti o ns 1777.5 , (Chapter 1411 , Statutes of 1968),
and 1777.6 ifthe California Labor C ode concerning t he employment of apprentices. The
contrac tor a nd any s ubco ntractor und e r him s ha ll comply w ith the re quire me nts of said
7
sections in the employment of ap pre nti ces; however, th e contract or s ha ll have fu ll
responsibili ty for compliance wi t h said Labor Code secti on, for a ll appre n ticeable
occupations, regardl ess of any oth er contractual o r employment relationships alleged to
exis t. In addition to the above State Labor Code Requirements regarding th e employm e nt
of appren ti ces and tra in ees, the contractor and a ll s ub contractors s hal l comply with
section 5 a. 3 T itl e 29 of the Code of Fed e ra l Reg ul ati o n s (29CFR).
20. EVIDENCE OF RESPONSIBILITY: Upo n t he request of the C ity, a bidder
whose b id is und e r cons ideration for th e award of the contract s ha ll s ubmit promptl y to
the City satisfactory evidence s howing th e bidder's financia l resou rces, hi s constructio n
experie nce, and hi s organ ization a nd pl ant faci lities avail ab le fo r the performance of t he
contract.
2 1. WAGE PERMITS: The co ntracto r a nd/or s ubcontractor shall pay wages a s indicated
in t h e "Notice Inviting Sealed Bids" section of these specifications. T he contractor sha ll
forfeit as p ena lty t o the City of Temp le Ci ty, not more than fifty doll ars ($50) fo r
laborers, workmen or mechanics employed fo r each cal endar day, or porti on thereof, if
s uch laborer, workman or m echan ic e mpl oyed is paid less than th e general preva ilin g rate
of wages herein referred to and s tipu lated for any work d one under the proposed contract,
by h im, or b y a ny s ubcontractor under him , in viola tio n of the provis io ns of th e Labor
Code, and in p articul ar, Section s 1770 to 1781 inclusive. Copies of a ll coll ective
bargaining ag reements re la tin g to t he wo rk as set forth in th e afo re menti o n ed Labor Code
are o n fil e a nd avail able fo r inspecti o n in t he Office of the D e partment of In dus tri a l
Re latio ns, Di v isio n of Labor S tat is tics and Research.
22. PERMITS, FEES AND LICENSES: The Contractor s hall possess a va li d C ity of
Temple City bus iness li cense prior to th e issuance of th e first payment mad e und e r this
contract.
23. T I ME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree
to commence work on or before the date of the written "Notice to Proceed" of th e City
a nd to fu ll y comple te the project w ithin -working days th e reafter. Bidder must
agree a lso to pay as li quidated damages, th e sum of six hund red ($600 .00 ) fo r each
ca lendar day thereafter as provided in the Genera l Provisions.
24. DBE PARTICIPATION
The Ci ty of Temple has a for this proj ect purs uant to Federa l
requireme nts. SUBMIT SECTION E IN ITS ENTIRETY WITH THE BID
DOCUMENTS.
8
BIDDER'S PROPOSAL
BICYCLE TRANSPORTATION ACCOUNT
FEDERALLY FUNDED PROJECT
PROJECT FUNDI NG ID NO: BTA 1213-07-LA-19
To the City Council of the
City of Temple C ity :
The unders ig ned hereb y decla res :
Date ________ 20 ____ _
(a) T h at the o n ly pe rso n s or parties in thi s p ropos al as principal s are
the foll o wing:
(If the b idder is a corporation, g ive th e name o f th e corporation and the na me of it 's
pres ident, secretary, treas urer, and manager. If a co-pa rtn e rs hip, g ive the na me under
which the co-partners hip does bus in ess, a nd th e na mes and add resses of a ll co-partn ers.
If a n indi vid ua l, state the name under w hi ch the contract is to be drawn.)
(b) That thi s proposal is mad e witho ut collus io n w ith an y pe rson, firm or
Co rporation.
(c) T h a t he ha s care fully e xa mine d the location of the proposed work and h as
fa mili a ri zed him self w ith all of the phys ical and c l imatic conditi o ns, a nd
makes thi s bid s ol e ly upo n hi s o wn knowledge.
(d) That by submitting thi s R id d er 's Proposal , h e acknowl ed ge s receipt and
knowle d ge of the co nte nts of th ose communicati ons se nt by the C ity of
Temple Ci ty to him at the address fu rni s hed b y him to the C ity of Templ e
C ity w hen thi s proposa l form was o btained.
(e) That he has carefu ll y examine d the s pecifications, both ge ne ra l and detail,
and the drawi ng attached hereto, and communications se nt to him a s
afore s ai d , and makes thi s proposal in accord ance therewith.
(f) Th at, if the bid is accepted he wi ll enter into a written contract for th e
performance of th e propos ed work with the C ity ofTempl e C ity .
(g) T hat h e proposes to enter into s uch contract and to accept in full pay ment
for th e work actua ll y done the reunder the prices s hown in the attache d
9
schedule. It is und erstood a nd agreed th a t the quantiti es set forth are but
estimates, and that the unit prices w ill apply to th e actua l quantities
w hatever they may be.
Accompanying this proposal is a cetiified o r cas hier 's c heck o r bidder's bond, payable to
the order of the C ity ofTemple C ity in the sum of
__________________________ DOLLARS($ ______________ ~
Said bidd e r 's bond has b een dul y executed by t he unders igned bidde r and by a financially
sound s urety company autho rized to transact bus in ess in thi s state.
It is understood and agreed th a t s ho uld the bidde r fai l within ten days after award o f
contract to enter into th e contract an d furnish acceptabl e s urety b on d s, th e n the proceeds
of said c h eck, or bidd er's bond, sh a ll becom e t he property to the C ity of Temple City, but
if thi s contract is e nte red into a nd said bo nd s are furnishe d , or in th e bid is not accepted
t h en said ch eck s ha ll be re turn e d to the und e rs ign e d , or the bidd e r w ill be released from
the bidder 's bond.
Address of Bidde r Telephone of Bidder
C ity Z ip Code Signature of Bi dd er
10
CONTRACT
FOR THE SAFE ROUTE TO SCHOOL
FE DERALLY FUNDED PROJECT
PROJECT FUND I NG ID NO: SR2SL-5365(008)
THIS AGREEMEN T , m a de a nd conc lud ed , in duplicate, thi s da y o f
______ , 2 0 , between the c ity of Temple C ity, P a rty of th e Firs t p art, and
___________ Co ntractor, P a rty of the Se cond Part.
ARTICLE l -Witnesseth , tha t for a nd in co nsider a ti on of th e p aym e nt a nd agree me nts
he re in a ft e r me ntione d, to be m a d e a nd pe rfo rm ed by the s aid P art y o f th e Firs t P art, a nd
unde r th e conditions ex p ressed in the two bo nd s, bearing even da te w ith these presents,
a nd h ere un to annexed , th e said Pa rty o f t he Second Part agr ees w ith the said Party of th e
F irs t Pa rt , at hi s o w n pro per cost a nd ex pe n se, t o do all the work a nd f urni s h a ll th e
ma t e ri a l, except s uc h a s are m e nti o ne d in th e sp ec ifi cation s and s pecia l provis io ns to be
f urnis he d by said Part y o f the F irs t Pa rt , necessary t o cons truct a nd compl e te in a good
wo rkmanl ike, and s ubs ta ntia l m a nn e r th e Safe R o ute to Schoo l Improveme nts, in th e City
o f T e mp le C ity, in a c cord ance w ith th e pl a ns and s pecial provis io n s th e refore, and al so in
acco rd ance w ith Standard S p ecifi cation s fo r th e Public Works Cons truc tion , 2 0 09 Edition
(with a ll s upplements) and C a l t rans Sta nd ard Spe cificati o ns 2 010 Edition (with a ll
s upp le me nts),
ARTICLE II -And the said Contractor agrees to receive ad accept as f u ll co mpe ns ation
f o r furni s hin g all mate ri a ls a nd fo r d o in g a ll work c ontempla ted a nd e mbraced in this
agree m e nt ; a l so for all loss and d amage a ri s in g o ut of the na ture of th e w ork afo resaid , or
fro m th e actio n of th e e le me nts, o r fr o m an y un fo reseen diffi c ulti es o r o bs truc tio ns whi c h
may arise or be e ncounte re d in the prosecuti on o f th e w o rk un t il it s accepta nce b y th e
C ity of Temple C ity, and for a ll ri s ks of every description connected w ith the work; a lso
f o r a ll ex p en ses incurred by o r in conseque nce o f th e s us pe n sio n o r di scontinuance of
wo r k and fo r well and fa ithf ull y comple t ing the work, and th e w ho le th e reof, in th e
m a nner, and a ccording to th e p la ns, spec ifi cati on s, and sp ec ia l provis io n s and th e
require me nts of the Engineer und e r the m, the prices set out in hi s bid to the C it y o f
T e mple C it y, a s copy of whi c h is attached he re to a nd made a p a rt he reof. Sa id bid be in g
identifi e d as PROPOSAL FORM/UN IT PRICE S C HE DULE.
ARTI C LE lil -The said Party of th e Firs t Part he re by promises a nd ag rees with th e said
C ontractor to empl oy, and d oes h er e by employ the said Contracto r to prov id e th e m a teri a l
a nd to d o th e work according t o th e te rm s a nd c onditions he re in conta in ed and referred to
for the p ri ces afore said , and he re by contracts to pay th e same a t th e time, in the manne r ,
and upo n th e conditions above set fo rth ; and the said parties for the mselves, th e he irs ,
exe c uto rs, adm ini st rato rs a nd ass ig ns, d o he re b y a gree to th e f ull pe rfo rm ance of the
c ovenants he re in contained .
ART ICLE IV -The Contracto r sh a ll assum e the d e fense o f and indemnity and save
h a rm less the C ity and C ity's officers, agent a nd employ ees from a ll cl a im s, liability, loss,
damage and injury of every kind, nature and d escription, dire ctly o r indirectly resulting
from the n a ture of the wo rk, the pe rformance o f this contract, the o wne rs hi p , ma inte na n ce
11
o r use of motor vehicl e s in connecti o n the rewi th , or th e act, o mi ssio n , o r conduct of the
Contracto r or s ubcontractor is merely a condi t ion, r a th e r th an a cause, of th e c la im
lia bility, loss, damage, or injury.
ARTI CLE V -B y my signa ture he reund e r, as contractor, I certify th at J a m awar e of the
provisions of section 3 700 of t he Labo r Code w hi ch req uire every employer to be ins ured
aga ins t li a bl e for workm e n 's compensati o n o r to undertake self-i n s urance in accordance
w ith the provi s ion s of th at Code, a nd I w ill comply with s uc h provi s ion s be fore
comme ncing the p erform a nce of th e work of thi s cont ract.
ARTICLE VI -It is furt he r ex press ly agreed b y and betwee n the p a rti es he re to that
s h ould th e re be a n y conflict between th e te rms of thi s instrument a nd th e bid o r proposa l
of said Co ntracto r, then thi s ins trument s hall co ntro l an d n o thing he re in s ha ll be
con s id ered as an acceptance of th e said terms of s a id propos a l conflicting he rewith .
IN WITNESS WHEREOF, the parti es to th ese p resents have hereunto set th e re ha nd s th e
year and date firs t a bove writt e n.
CITY OF TEMPLE C ITY
BY: -----------------------------------Mayor of the c ity of Temple C ity
ATTEST:
C ity C le rk , C ity ofTemple Ci ty
CONTRACTOR:
12
BlO SCH E DUL E OF PRICE
FOR TH E
BI CYCL E TRANS PORTATION ACCOUNT
FEDERALLY FUNDED PROJECT
P RO.JECT FUi'o'UI NG 10 NO : BTA 1213-07-LA-19
In accordance \\ ith specifications therefore approved by the City Council of the City of Temple City the undersigned bidder is herewith submitting
the following bid prices for the pe rformance of the entire work as described in these specifications and attached drawings subject to this furnishing all
materials.
BID SCHEDU LE FOR BYCICLE TRANSPORTATION ACCOUNT BTA FOR THE CITY OF TEMPLE CITY
B ICYCLE ST RIPING & SIGNING IMPROVEMENTS ON OAK AVE, LEMON AVE , LONGDEN AVE , OLIVE ST,
Item# I
FREER ST, GOLDEN WESI AVE , ARDiN Di' ANDEL MI NTE AVE
Description Quantity Unit Unit Price Total
1 Mobilization & Demobilization 1 LS
2 Traffic Control 1 LS
3 Install Caltrans Detail 9-Solid segment with
RP M's 200 LF
4 Install Caltrans Detail 22 500 LF
5 Install Caltrans Detail A27-Edgeline 6800 LF
6 Install Caltrans Detail 32-Two way left-4 stripes
with RPM 6000 LF
7 Install Caltrans Detail 38 400 LF
8 Install Caltrans Detail 39 11000 LF
9 Install Caltrans Detail 39A 1100 LF
10 lnstall12" Wide white Xwalk Line 300 LF
11 lnstall12" Wide white X walk Line 400 LF
12 Remove Caltrans Detail 22 by Grinding or
Sandblasting including RPM's 6000 LF
13
BID SCHEDUL E FOR BYC ICLE TRANSPORTATION AC COUNT BTA FOR THE CITY OF TEMPLE CITY
BIC YC LE STRIPING & SIGNING IMPROVEMENTS ON OAK AVE , LEMON AVE , L ONGDEN AVE, OLIVE ST,
FREER ST, GOLDEN WEST AVE, ARDEN DR , ANDEL MONTE A V E
Item# Desc r iption I Q uantity U nit Unit Price Total
13 Remove Caltrans Detail 9 by Grinding or I SandblaSting InCluding RPM'S 11000 lF
14 Remove Pavement legend by Grinding or
Sandblasting (Stop, Ahead , Arrows, etc ... ) 30 EA
15 Install Pavement legend (Stop, Ahead , Arrows.
etc ... ) 30 EA
16 Install bike symbol Caltrans A24C I 28 EA
17 Install bike lane arrow per Caltrans A24A 28 EA
18 Install Sign & Post as Indicated on plans 100 EA
19 Install Bicycle Blvd Legend (3 logos togethe r) 51 EA
20 Install Sharrow Pavement Legend Cal trans A24C 189 EA
2 1 Install sma ll sign 12"x18" or smaller 10 EA
22 Bicycle Racks (U shaped) 15 EA
23 Bicycle Racks (Artistic) 15 EA
24 Install Custom Guide Signs and Post 30 EA
25
Install S1gn on ex1st1ng sign post, pole, street
light. etc ... 50 EA
TOTAL BID AMOUNT BICYCLE TRANSPORTATI ON ACCOUNT-
BTA
14
TOTAL BID AMOUNT IN W O RDS
SCHEDULE OF PRICES (cont 'd)
The awar d of the contract, if it be awarded, w ill be to th e lowest r es p ons ible bid der . T he contract may be awarded at the e lect ion of the governing
board to the lowes t responsible bidder: and whose proposa l complies with all the requirements prescribed and who has met the goa l fo r DBE
participat ion or has demo ns trated. to the sat isfaction of the City/County. adequate good faith effort s to do s o. Meeting the goal for DBE
participation or demonstrating to th e sat isfaction of the City, adeq uate good faitl1 etTmts to do so is a condition for being eligible fo r award of
contract .
The bidder hereby gives assurance pursuant to the requirements of Title 49, C.R.F. Part 23 . that bidder has made a reasonable attempt to meet the
goal for Mi no rity Business En terprise participation specified for the contract fo r which this proposal is submitted. Bidder furtller gives assurance tllat
bidder wi ll su bmit the documentation req uired by said regulations and the specifications for the l isting of a Minority Business En terpri ses with whi ch
the bidder wi ll subcontract if the contract is awarded to bidder. and if bidder is unable to obtain MBE participation , of the steps bidder has taken to
obtain MBE participation.
The unders igned further agrees that in case of default in executing the required contract, with necessary bonds. within ten (1 0) days. no t in cl uding
Sundays and legal holidays, after having received notice tllat the contract has been award ed and is ready for s ignature, accompanyi ng hi s bid shall
become the pro perty of the City ofTem ple City, and this proposal and acceptance th ereof may be considered null and vo id.
BIDDER un d ersta n ds that a b id is requi •·cd fo r th e en tire work, th at th e q u an t iti es s et for th in th e Bid Sched u le are to calculate total bid
a m ount, a nd that fina l com p ens a t io n u nder tbc con tract w ill be based u pon the actu a l q u an t iti es of wo r k satis facto rily com p leted. T h e
BIDD E R agr ees th at the Agency reserves t he right to in crease or d ecrease the amount of a ny quan t ity s hown a nd t o d elete a ny item from th e
contr act a nd pay t he co ntractor at th e b id unit prices so long as the tota l amoun t of ch a n ge does n ot exceed 25% (p lu s or min u s) of th e grand
tota l b id a moun t. 1f t he change exceed s 25%, a ch ange order may be n egoti ated to adjust unit bid prices . Each bid item s ha ll includ e all
necessary costs to p erform it complet ely. It is agr eed th a t th e u ni t and/or lump s um prices b id includ e all a p purt enan t expenses, taxes,
r oyalties, and fees . All oth er wor k items not s p ecifically li sted above, but s h ow n on th e pl ans, a nd a r e n ecessary to co m pl ete the wo rk p er
th e pla ns, specificati ons and a p p licable s t andar ds arc assumed to be inclu d ed in the a b ove va.-i ous bid item s. I n th e case of d isc r epancies in
th e a m ount bid, uni t p rices s ha ll govern over extended amount s, a n d wor ds s h all govern over figures.
15
The award of the contract, if it be awarded, wi ll be to the lowest respons ibl e who s ubm illcd the lowest responsive bid amount for Bid Schedule, and
whose proposal compl ies with a ll the requirements prescribed and who has mel the goa l lor DBE participation or has demonstrated. to the
satisfaction of the City/County, adequate good fajth efforts to do so. Meeting the goal for DI3E participation or demonstrating to th e satisfaction of
the City. adequate good faith efforts to do so is a conrution for being eligible for award of contract
NAME OF BIDDER (PR I T) SIG ATURE DATE
BUSINESS ADDRESS
C ITY Z IP CODE TELEP II ONE
ST !\. TE CO TRJ\CTOR LICENSE NO. AND CLASS IFI CA T!O
16
DES IGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certa in portions of th e work w hich are in excess of one-ha lf of one perce nt of t he bid a nd to procu re m aterials and
equipment f rom suppliers an d vendors as fo ll ow s :
BIDDER'S LIST OF S UBCONTRACTORS (DBE a nd NON-DBE)-PART I
The b idd er s hal l list a ll subcontractors (bo th DBE a nd non-D B E) in accordance wi th Section 2-1.054 oft he Stan dard S pec ificatio ns and per T itl e 49, Section 26.11 of the Code of
Fede ra l Regul ations. Th is list ing is req u ired in add ition to "listing D BE S ubcontractors elsewhere in the proposal. Ph otoco py this fo rn• fo r additional firms.
F ir m Name/ P h one/ Annual
Address/ Fax Gross Description of Portion of Work to be P erformed Certified DBE?
C ity State, ZIP R ece i pts
Name Phorw 0 <Simillion D YES
U <$5million ~ijg DB£#: ____
Address O <SIOmillion
Fa:c 0 < $15 mill ion
City State ZIP 0 >$15 million Age of Fim, (Yrs .)
Name !'hone O <Stmillion DYES
O <SSmillion O N O
Addn:ss O <S IOmillion if l'ES fist DB£ it:
Fax U <S ISnullion
City State ZIP 0 >S IS million Age o f Fi rm (Yrs.)
Nome P/J o"e O <S I million UYES
0 <SS million []NO
Address O <S IOmillion If YES list DB£ •·
----
Fax O <SISmillion
City State ZIP D >SIS million Age of Firm (Yrs.)
Nome Phone O <SI million DYES
D <S5million ON a---
Adtlres.r 0 <SIOmillion If YES Its / DOE#:
Fax 0 <SIS mill ion
City State ZIP O >SISmillion i\g< o f Firm CYrs.)
17
BIDDE R 'S LIST OF SUBCONTRACTORS fOBE and NON·DBEJ· PART II
The b idder shall list all s ubcontractors who provided a quote or bid but "ere not selected to p;~nicipatc as a subcontractor on this project. This is required for compliance \\ ith ritlc
49. Section 26 of the Code of Federal Rc~ulntions. Photocopy this r. orm for additional firms .
Firm Name/ Phone/ A nnua l
Address/ Fax Gross Description of Por t ion of W ork t o b e P e rfo rmed Certified DBE?
C ity, S tat e, ZIP Receipt s
Xamc l'htmc• 0 < $1 nu lhon DYES
0 <$5 nulhon ONO
Address -o < SIO m 1lhon /fHi\lt.v/J/JI.
1'(1< 0 <SIS million
Ct1yStt11cl.ll' O >SISm11hon i\gc o f 1 ""' (Yr;)
.\atM l'hw>t O <SI nulhllll DYES
0 <SSm1lhon 0 NO
-fJJrrn 0 < SIO m1lhon /flf_\/ut [JHf. • --
hit D <SIS lnllhl"P -
Cll)· State ZIP O >SISm11hon Age o i l u m (YI')
.\ame l'bm~ D < Sl n1llhon U YES
-o < ss million _0No
Atldrl•jy O <SI01mlhun lj I I qllt DBf -~
, .. 11\ O <SIS 1mlhon -
Ctl)" State ZIP 0 >SIS m1lhon Agc ofl ""' !Yr') --
\a""' P~•rr O <Sim1lhon DYES
O<SSm1lhM IONO
Addrc<.< O <SIOmlihon I{IES /,;t DBf • ·-
fa< 0 <SIS m 1llion
Cll)· Stalf ZIP 0 >S IS mllhon Age o i l IIIII (Y,-,)
-
18
(FHE BIDDE R'S EXECUTION 0 THE S IGNATURE PORTIO
OF THIS PROPOSAL S HALL ALSO CONSTITUTE AN
ENDORSEMENT AND EXECUTION OF THOSE
CERTIFICA TIO~ WHICH A RE A PART OF THIS PROPOSAL)
19
EQ UA L EMPLOYM ENT OPPORTUN I TY C OMPLIA CE
Bl DO ER ce rtifi es that a ll prev ious co ntr ac ts or sub contracts, a ll reports whi ch may have bee n du e und er
th e requ ire ments of any Agen cy, S ite, or Fede ral equ al e mployment o pp o rtu ni ty o rders have been
sati s fac toril y fi led , a nd that no s uch reports are c urrent ly outs tandin g.
AFF IRMATI V E ACTION CERTIFI C ATION
BIDDER ce rtifie s th at affi rmati ve ac tion has been taken to seek o ut and cons id er min o rity bus in ess
e nt erpri ses for tho se po rti ons o f wo rk to be s ubco ntrac ted, a nd th at s uch a ffi rmat ive ac ti o ns have been full y
doc um ent ed, th at sa id docum en tati on is open to inspecti on, a nd that sa id affi rm at ive ac tion will rema in in
e ffec t for th e life o f any co ntract awarded hereu nde r. Furth ermore, BIDD ER ce rtifi es th at affi rma ti ve
ac tion will be take n to meet a ll equ al empl oymen t opportunit y requ irements o f th e co ntrac t docum ents.
LABOR NONDISCRIM I NATION
Att enti on is di rec ted to the foll owi ng oti ce th at is req uired by Cha pter 5 of Di vis ion 4 of Titl e 2,
Ca li fo rni a Code of Regulati o ns.
N OTICE O F' R EQ UJR E M E T FOR NONDI C RIMI N ATION PROG RAM ((G O V. C OD E,
SECTIO 12990)
Your attenti on is ca ll ed to the "N ond isc rimi na tio n C lause ", set fort h in Sectio n 7-1.0 I A{4), "La bor
Nond iscrimin ati o n," of th e Stan da rd Spec ifi cati on s, whi ch is app lica bl e to a ll nonexe mpt state contracts
an d subcontracts, and to th e "Standa rd Ca lifo rni a No nd iscri m in ation Con structi on Con tra ct Specific ati ons"
set forth th ere in. Th e Spec ifi catio ns are app licab le to a ll no nexempt stat e constructi on contrac ts a nd
subcontract s of $5,000 or more.
NONCOLLU ION AFF'IDA VIT
BIDD ER dec lares th at the o nl y pe rso ns o r parti es int e rested in this proposal as prin cipa ls are those named
here in: that no offi cer, age nt , or em ployee of th e City of Tem pl e C ity is personall y int eres ted, di rectly or
in dir ec tly, in this propos a l; th at this pro posa l is made wi th o ut co nn ection to any oth er indi vidu al, fi nn, or
co rp ora ti on mak in g a bid fo r the sa me wo rk and th at th is pro posa l is in all respects fa ir and wit hou t
co ll us io n or fra ud .
B U Y AM ERI C A REQUIR EM ENT
Att ent ion is directed to th e "Bu y America " requ ire me nt s of th e S urface T rans porta ti on Ass istance Ac t o f
1982 ( ecti on 165) and the lnte nn oda l Sur face Transportati on Effici ency Ac t o f 19 9 1 (ISTEA) Sec t ions
I 041 (a) and I 048 (a), and th e regul ation s adopted pursuan t the reto. In accorda nce wit h sa id law and
regulations, a ll manufactu ri ng processes for stee l and iro n material s furni shed for incorporati on int o th e
work on thi s proj ect sha ll occ ur in th e Uni ted States; wi th th e excepti on th at pig iron and processed,
pall et ized and redu ced iro n ore manu fac tured out side o f Unit ed States may be used in th e do mes ti c
ma nufac nt ring process for s uch stee l and iro n materi a ls. The a pp li cati on o f coa tings, s uch as e poxy
coating, ga lvani zing, pa int ing, and any ot her coatin g th at p rotects or enh ances the va lu e of s uch steel or
iro n materi a ls sha ll be cons id e red a manufac turin g process s ubj ec t to the "Buy Am eri ca" requirement s.
A Ce rtifi ca tes of Comp lian ce, co nfonn in g to th e provi s ions in Section 6-1.07, '·Certifi cate of Co mpl iance"
o f t he Stan dard Specifi cat ion s, sha ll be fu rni shed for stee l a nd iro n mater ia ls. The certifi cates, in addi t ion
to certi fy in g th at th e mate ria ls co mpl y with th e spec ifi ca ti ons, sha ll also spec ifi ca ll y ce rti fy tha t all
manu fac nt r in g processes for th e mate ri a ls occ urred in the Un it ed State s, except for th e exceptions allowed
here in .
20
T he requi re ments im posed by s aid law a nd regulati ons do not prevent a mi nimal use of fo re ign stee l and
iron ma terial s if the total combi ned cost o f s uc h material s used does not exceed one-te nth of one percent
(0.1 %) of the to ta l co ntrac t co st or $2 ,500, whi cheve r is greate r. Th e Co ntra ctor sha ll fu rn ish the En g ine e r
acc eptable doc ume nta t ion o f the qu antity and va lue of an y fore ig n steel and iron pri or to incorporat in g such
materi a ls int o the wo rk.
TITLE 49. CODE OF FEDERAL REGULATIONS, PART 29
DE BARM E T AN D SUS PE SlO CE RTJFI CA TI O
T he bidd er un de r pena lty of perju ry, cer1ifi es th at exce pt as noted be low, he/she or any perso n ass oc iated
the rew ith in t he capac ity o f owner, partner, d irector, office r, ma nager:
X Is not c urrentl y und e r s us pen s io n, debarm e nt, vo lu ntary exclus ion, or determinati on of in elig ibility
by any federal agency;
X Has not been s uspe nd ed, deba rred, vo lu ntari ly ex clud ed, or determ in ed in e li g ibl e by an y federal
agency within th e pa st three (3) yea rs;
X Does not have a proposed debarment pendin g; and
X Has no t been ind ic ted , convicted, or had a ci vil j ud gme nt rendered aga in st it by a court of
comp etent juri sdi ct ion in a ny matter involving !Taud or o ffi cial miscond uct withi n the past three
(3) years.
lf the re a re any excepti o ns to th is cert ifi cat io n, in sert the excepti o n s in th e fo ll owing s pace:
N O NLOBBYLNG CE RTI F I C ATI O N
FOR FE D ERAL-AID C O NTRA CTS
Th e pros pec tive parti c ip ant ce rt ifie s, by s ign in g and s ubm itt in g th is bid or pro po sa l, to th e best of his or her
know led ge and belief, t hat:
(I ) No Fede ral appropriated fund s have been paid o r will be pa id, by or on be half of th e und ers ig ned ,
to any perso n for in flu enc in g o r attempt ing to influ ence an offi cer or empl oyee of an y Fede ra l
age ncy, a Memb er of Congress, an offi cer or emp loyee of Con g re ss, or an employee of a Me mbe r
of Congress in co nn ecti on with th e awardin g o f an y Federa l co ntract, th e mak ing of an y Fe deral
grant, the maki ng of an y Federal loan, the enterin g into of any co o perative agree men t, and the
ex tens ion, co nt inu atio n, re newa l, amendme nt, or mo difi ca ti o n of an y Fe deral contract, grant, loan ,
or coo pe rati ve ag reement.
(2) If any fu nds other than Fede ra l appropriated fund s have be en paid or wi ll be paid to any person for
infl uenc ing or attempting to in flu ence an o ffi ce r or em ployee of an y Fed era l agency, a Membe r of
Co ngress, an o ffi ce r or emp loyee of Co ngress, or a n e mp loyee of a Member o f Co ngress in
co nn ecti on with this Federal con trac t, grant , loan, or cooperat ive agreeme nt, the und e rsigned sha ll
comp lete and s ub mi t Stan dard Form-LL L, "Disclos ure of Lobbying Activ ities," in co nforma nce
with it s in stru ctions.
Thi s certifi ca tion is a materi al repre senta ti on of fact up on wh ich reli ance was p laced when thi s tra nsa ct ion
wa s mad e or entered int o. Submi ss ion of th is certi fica tion is a pre requ is it e for mak in g or en te rin g in to this
tra nsacti on impo sed by Secti on 1352, Tit le 3 1, U.S. Code. An y person who fa il s to fi le th e re qu ired
2 1
cert ifi cati o n sha ll be subj ect to a civil pe na lty of not less th a n $10,000 and not more than $1 00,000 fo r each
such fa ilure.
T he pro spec ti ve parti c ipant a lso agrees by s ubmitt in g hi s or her bid or pro posa l that he or she s hall req uire
that th e lang uage of thi s cert ificati o n be incl uded in all lowe r t ier s ubco ntra cts, which exceed $1 00,00 0 and
th at a ll such s ubrecipi ents s ha ll cert ify and d isclose acco rdin g ly.
22
REFERENCE
The fo ll owi ng are the names, add resses, a nd te leph one numbe rs fo r three publi c agencies
fo r w hi c h B l DDE R h as p erfo rm e d s im i la r wo rk w ithin the past two years.
!. __________________________________________________________ __
Name and Address of Owne r
Name and T e lepho ne um b er of P e rson Fam i lia r Wi t h Proj ect
Cont ract Amo unt T yp e o f Work D a te Com p le ted
2 . ______________________________________________________________ ___
arne and Address of Owner
arne an d T e lephone N u m be r of Pe rson Fam ili ar w ith P roject
Contract A mo unt Type of Wor k D a te Co m p le te d
3. __________________________________________________________ __
arn e and Address of Owner
arne and Tele ph one u m ber of Pe rson Fami li ar w ith P roject
Contract A m o unt T y pe of Wo rk D a te Comple ted
T he f o ll owin g are t he manes, add resses, an d telepho ne num be rs fo r a ll bro ke rs and
s uret ies fro m w hom BIDDER inte nd s to procure in s urance bo nd s:
23
SUBCONTRACTOR LIST
In compl iance w ith th e provis ion s of the Government Code Section 4102, the
und e rs ign e d bidder h e rewith sets forth the name a nd location of t he place of bu s in ess of
each s ubcontTactor w ho w il l perfo rm the work o r labor o r re nd e r serv ice to th e gene ra l
c ontractor in or a bout th e con struction of the work or im provement in an am ount in
excess of one-ha lf (112) of one percent (I %) of the genera l contractor's t otal bid, and the
port io n ofthe work w h ich wi ll be d o n e by each s ubcontractor.
PORTIO OF THE WORK SUBCONTRACTOR ADDRESS
Ifthe bidder fa il s to s pecify a s ubcont ra c to r fo r any port io n of the work, the b idder agrees
to perform the work with hi s own c rews. (Alternati ve s ub contractors for th e same work
are prohibited b y provis ion s of the Cali forn ia Government Code .)
Dated Bidd er
Signature
T it le
FEDERAL REQUIREMENT TRAINING S PECIAL PROVIS IO N.--A s part of the
Contract o r 's e qual employ m e nt oppor tunit y affirm a ti ve action p rogram, tra ining sha ll b e
provided a s fo ll ows:
The Co ntractor s hal l provide on-th e -j ob tra inin g to de velop full j ourneymen in the
t ypes of trades o r j ob cl assificat io n in volved.
The goal f or the number of trainees or appre nti ces to be t rained under the
re qui rem e nts of thi s specia l provis ion w ill be _6_.
24
CONTRACTOR 'S INDU TRIAL SAFETY RECORD Proj ect identifi ca ti o n __ _
Bid Date -------
T hi s informati o n mu s t in c lu de all co nstruc ti o n wo rk und ertake n in the tate o f Ca lifo rnia by the
bidd e r a nd part ners hip , j o int ve nture o r co rp ora ti o n that any prin c ip a l o f the bidd er part ic ipated in
as a princ ipa l o r o wn er fo r th e last fiv e ca le ndar yea r and the c urre nt ca len dar yea r pri or to t he
da te of th e bid s ubmitta l. Se parate info rm at io n s ha ll be s ubm itted fo r each parti cu lar partner hip,
j o int ve nture , co rp ora te o r indi vidual bidde r. T he bidde r ma y atta ch any ad diti o na l in formation o r
ex planat io n o f data , whi ch he wou ld li ke take n into cons id e ratio n in eva lu atin g th e safety record .
An ex pl ana ti o n must be attac hed o f th e c ircu mstan ces s urro undin g any and a ll fata li t ies.
4 Ca le ndar Ye a rs Pri o r to Cu rrent Ye a r
2009 2 010 20 11 20 12TOTAL CU RRENT YEAR
I . o. o f con tracts
2. Total dollar a mo unt o f contract (in th o usand s o f $)
3 . o. of fat aliti es
4 . o. of lost work day cases
5. o. of lost wo rk day cases in vo lving perm a ne nt
Trans fe r to anoth e r j ob te rminati on o f emp loyment
6 . * No. of los t wo rkd ays
*The informa t io n requ ir ed fo r th ese ite ms is th e sam e as required f o r co lumn s 3 to 6,
code I 0, Occupati o na l injuri es a nd il lne sses, 0 EA o. I 02 .
The above info rma ti o n wa s co mpi led fro m the re corded that are ava ilabl e to me at thi s tim e a nd I
decla re und e r pe na lty o f perjury th at th e info rm at io n is tru e and accu rate w ithin th e lim itati o ns o f
th ese records.
Nam e of Bidd er (print)
Address
C ity Z ip Code
S ignature
25
tate Contractor 's Licen se o. &
C lass ifi cation
Tele ph o ne
AFFID AVIT F OR CO-PA RT NE RSHIP FIRM
STATE O F C ALIFO RNI A )
) ss
C O UNTY OF LOS A N GE LES )
___________________________________________________________ ,being
fi r s t du ly sworn , d e poses and says:
T ha t he is a m embe r of t he co-p a rtn e rs hip firm d e s ign a te d as
wh ic h is th e p a rty m aking the fo rego in g proposal o r b id ; tha t s uc h bid is genuin e a nd no t
col lus ive o r s ham; t ha t sa id b id de r has no t collu ded , co nsp ire d , conni ved or agreed,
di rectl y o r indirectl y, w ith any o the r b idd e r o r person to p u t in a s ha m b id o r t ha t such
othe r person s h a ll refra in fo rm bidd ing' and has n ot in any m anner sou gh t by collus io n
to secure any a d vantage aga in s t t he Ci ty of T e mp le C ity or a n y per so n in te rested in the
p ro p osed contract, for h i mself or for an y o t he r pe r son .
T ha t h e has been a nd is du ly veste d w it h a ut hority to make a nd s ig n i ns tru m ents fo r the
co-p a1t ne rs h ip b y
w ho constitute th e ot he r m e mbe rs of the co -p a rtn er s hip
Subscri bed and s worn
To be f o re m e t hi s
S ig na tu re
_________________ dayof ________________________________ 20 ______ _
S ignat ure of Office r A dm in is terin g O a th
(NO T ARY PU BLIC)
2 6
AFFIDAVIT F OR CORPORAT IO N BIDDE R
STATE OF CALIFORN IA )
) ss
COUNTY OF LOS ANGELES )
___________________________________________________________ ,bei ng
first duly sworn , deposes and s ays:
That he is. _________________________________________________ oL
a corporation which is th e p arty makin g the forgoing proposal o r bid; that s uc h bid is
genuine and not coll us ive of s ham ; that said b idder has not collud ed , conspired ,
c01mived or agreed, d irectly or indi rectly, with an y other bidder or perso n to put in a
s ham bid o r t ha t s uch other person shal l refrain fo rm bidding; and has not in any manne r
sought an y col lus io n to secure a n y advantage aga in st t he City of Temple City or any
perso n i nterested in the proposed co nt ract, for any othe r person.
S ub scribed and sworn
To before m e this
Signature
_______________________ day of. _____________________________ 20
27
Signature of Officer Ad mini s tering Oath
(NOTARY PUBLIC)
AFFIDAVIT F OR INDIVID UAL BIDDE R
STATE OF C ALIFORNIA )
) ss
C O UNTY O F LOS ANGELES )
___________________________________________________________ ,bein g
fi rs t d ul y s wo rn, d eposes and says :
T hat he i n the part y making the f o regoin g p roposal or bid ; t hat su c h bid is genuin e
a nd not co ll us ive or s ham ; th a t said bidd e r has no t c o ll uded, co nsp ire d , conni ve d or
agreed , di rectly o r indirect ly, wi th any o ther bi dder or per son t o p ut in a sham bid o r t h at
suc h other p erson shall refrai n fro m biddi ng; and h as no t in a n y m anner sough t b y
coll us io n to secure any advan tage agains t t he C ity of T em p le C ity o r any perso n
interested in the pro posed contract , for h imself or fo r an y o th e r p erson.
S ub scri bed and sworn
To before me thi s
Sig nature
______________________ d ayof ______________________________ 20 ____ __
28
S ig na ture of Officer A dm ini ster in g Oath
(NOTAR Y PU BLIC)
AFFIDAVIT F OR JOINT VENTURE
STATE OF CALIFORNI A )
) ss
COUNTY OF LOS ANGELES )
___________________________________________________________ ,be ing
fir st duly swo rn , deposes and says:
Thathe is _________________________________________________ o~
one ofthe pa rt ies s ubmitting the fo regoin g bid as a joint venture and tha t he has been and
is dul y vest ed w ith the authority to m a ke and s ign instrume n ts for and o n behalf of the
p art ies making said bid who are:
that s uc h bid is genuin e and not co llu s ive of s ham ; that sa id bidder has not col l uded,
cons pired co nnived or agreed , directl y o r indirectly, w ith any o the r bidder or person to
put in a sham bid o r tha t s uc h o th e r pe rso n s hall refra in from b iddin g ; and h as not in any
manne r s ought by coll us io n to secure an y advantage against th e C ity of Temp le C i ty o r
a ny person inte r ested in the proposed contract, fo r himse lf or for any other p e rso n.
Subscribed and sworn
To before m e t hi s
Signature
________________________ dayof _______________________ 20 ______ _
Signature of O fficer Administe r ing Oath
(NOTARY PUBLIC)
29
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRE S ENTS, THAT WE _________ _
h e re in after referred to a s "Contracto r" as PRINCIPAL,
and --------------------------------------------------------------as SUR ETY, are h eld and
CALIFORNIA her e in after
firmly bo und un to the C ITY OF TEMPLE C ITY,
r eferred to as the "City", tn th e s um of
____________ Do ll ars, ( $ ) lawful money of t he Un ited
States of A m erica, for t h e payment of which sum , w ill and trul y to be made, we bind
o urselves, jointly a nd severa l firm ly by these p resents .
THE CO DITIONS OF THI OBLI GATIO ARE SUCH, that w h ereas, sa id contract
has been awar ded and is about to e nte r in to the annexed contract w ith said C it y for
cons ideration of the work under the s pecification e ntitl e d ____________________ _
a nd is required by said Ci ty to g ive thi s bond in connection w ith the executi on of said
contract.
NOW, THEREFORE, if said Cont rac to r s hall well and trul y do and pe r form a ll the
covenants a nd obli gati ons of said contract o n hi s part to be done and performed at t he
time and in the m anner specifi ed h e re in ; t hi s obli gation s h a ll be null a nd void ; otherwise
it s ha ll be in full force and effect;
PROVID E D , tha t an y alterations on t he work to be done, or the materials to be furnis he d ,
wh ich may be m ade purs uant to the te rm s of said contract s hall not i n any way release
sa id Contractor or the S w·ety the runde r nor s hall any extensio n of item gran ted under t he
provis ions of said Contractor or said Surety and notice of s u ch alteratio ns or exten s ions
of the con tract is h ereby waived b y s uc h Sure ty .
IN THE W ITNESS WHEREOF, we h ave h e reunto set o ut hands and seals thi s ____ _
________ day of ,20 ____ _
PRINC IPAL SURETY
BY: __________ _ BY: __________ _
(SEAL ) (SEAL)
30
LABOR AN D MATERIAL BOND
K OW ALL ME BY THE E PRESENTS, THAT WE ________ _
herei nafter referred to as "Contractor" as PRINCIPAL, AND ---------------------
a s SURETY, are he ld and firm ly bound unto the C I TY OF TEMPLE C ITY,
CALIFORN I A he rei nafter referred to as th e " C ITY", rn th e sum of
________________ DOLLARS ($ _______ ~
LAWFUL MINEY OF THE U nited tates of America, for the payment o r wh ic h s um.
well and truly to be m ade, we bind o urse lves, jointly and several firmly by the se pres ents .
T l IE CO DITIONS OF TH I OBLIGATION ARE SUCH, tha t whereas, said Contract
ha s been awarded and is about to e nte r into t he annexed contract w i th said Ci ty for
construction of th e wor k under th e C it y 's specificati o n entitled _________ _
___________________________________________ and is req uired by s aid City
to give thi s bind in connection with th e execution of s aid contract;
OW THEREFORE, if s aid Contractor in s aid co ntract, or s ubcontractor, fai ls to pay for
any material s , provi s ions , provender or other supplies, or for the us e of implements or
machine ry, used in, upon for or abo ut the performan ce of the work contracted to be
done, or fo r any work o r labor the re o n of any kind, o r for amounts due under the
Une mpl oyment Insura nce Act wi th r espect to s uc h work or la bor, said Surety w ill pay for
the s ame in a m o unt n o t exceeding th e s um specifie d above, a nd a lso in case suet is
brought upon thi s bond, a reas onab le attorney's fee, to be fined by th e court. This bond
shall immure to the b enefit of any and all pers ons e ntitled to file c lai m s under ecti on
I 192.1 of the code of C ivi l Procedure of th e tate of Ca liforni a .
PROVIDED, that any alterations in th e wo rk to be done, or th e material to be furnished ,
which may by made purs uant to th e te rms of s aid contract, s ha ll not in any way re lease
either said Contractor of s aid urcty th e re under nor shall a ny ex te nsion s of time gra nted
under th e provi s io n s of said contrac t re lease withe r said Contractor or sa id S urety, and
notice of s uc h a lte ratio n s or ex ten s io ns of th e contract is hereby waived by said Su rety.
IN WIT ESS W HEROF, we h ave h ereunto set o ur hand s and seals t hi s -------
______ dayof ,20 ______ _
PRINCIPAL SURETY
BY: ____________ _ BY: __________ _
(SEAL) (SEAL)
3 1
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, T HAT WE, ________ _
---------------------------as principal and
--------:--=-------------------------as surety ,
a re he ld and firmly bound unto th e City of T emple City in the sum of ten p erc ent (1 0%)
of th e tota l amount of the bid of th e princ ip a l, to be paid to the sa id C ity of its certain
attorne y, its successo rs a nd assig ns; for whi ch payments w ill a nd trul y to be mad e, we
bind ourselves, our h eirs executo rs and adm ini strators, successors or ass igns, jointl y and
severa lly, firmly by these presents.
In no case shall th e li ab ili ty of th e s urety hereu nder exceed th e s um of
$ _______________ _
THE COND IT IO N OF THI S OBLIGATION IS SUC H,
That whereas the princ ip al ha s s ubmitted th e above mentioned bid to th e City of Temple
City for certa in construction spec ifi ca ll y descri bed as follows, for which bid s are to be
opened at Templ e City, C ity Hall on for the Rosemead Blvd
Safety Enh ancem ent And Bea ut ification in th e City of Te mple City .
NO W THEREFORE, if the aforesa id principal is award ed the co ntract, and wi thi n the
tim e and manner required und e r the specifications, after the prescrib ed form s are
presented to him for sig nature, ente rs into a writ ten contract, in the prescrib ed fonn in
acco rd ance with th e bid , and fi les the two bond s wish the C ity of Templ e C ity, one to
guarantee fa ithful performance and ot her to guarantee payment s for l abor a nd material s,
as required by law, the n thi s obl iga ti o n sha ll be null and void ; otherwise it shal l rem a in in
ful l fo rce and effect. In the eve nt s uit is brought upon this bond by the obl igee and
judgment is recovered , th e s ur ety sha ll pay al l costs incuned by th e obli gee in s uch suit
inclu d in g a reasonabl e attorney 's fee to be fixed by th e court.
32
,--
TN WITNESS WHEREOF, we have hereunto set our hand s and seals o n
thi s day of A.D., 20 __
_____________ (seal)
N OTE:
__________ (sea l)
__________ (seal)
__________ (seal)
PRINCIPAL
__________ (seal)
__________ (seal)
SURETY
__________ (seal)
ADDRESS
S ig nature s of tho se executing for the s urety mu s t be properly
acknowledged .
33
CERTIFICATION OF NON -DISCRIMINATION
As supp lies of good s o r serv ices to th e C ity of Temple Ci ty , t he fi m1 li sted bel ow
ce rti fies t ha t it d oes n ot di scriminate in i ts empl oym e nt w ith regards to race, re li gion , sex
o r na ti onal ori g in; th at it i s in compli an ce with all Federa l, S tate, a n d local d irectives and
execut ive orders regard ing non-d iscrim in a t io n in employm ent ; a nd t hat it w i ll purs ue an
affi rm ati ve course of action as re qu ired by th e af fi rm ati ve actio n g u idel ines.
W e agree specifically:
I. To esta bli sh or observe em p loyment p ol icies wh ic h affi rma ti vely promote
opport un iti es for mino ri ty p ersons at all j o b levels.
2. To communicate thi s p ol icy to a ll p er son s con cerned includ i ng a ll
com pan y employees, outs ide recruiting serv ices, esp ecia ll y those ser vin g mi nority
communities, and t o the m ino rity commun it ies a t large.
3. To take affirma ti ve step s to hire minori ty e m p loyees w ithin t h e com pany.
FIRM __________________________________________________ __
T ITLE OF OFFICER S I GNING ------------------------------------------
S IGNATURE. ___________________ DATE ____________________ __
P lease inclu de an y a d d iti onal info rm ation available regard ing e qua l opportunjty
e m p loyment program s n ow in e ffect wi th i n y o ur com pany:
3 4
CERTIFICATION WITH REGARD TO THE PERFORMACE OF PREVIOUS
CONTRACTS OR SUB C ONTRACTS SUBJECT TO THE EQUAL
OPPORTUN ITY CLAUSE AND THE FILING OF REQU IRED REPORTS
The bidder ,proposed Subcontractor _____ _
h ereby certifi es that he has , has not , participated in a previous
contract o r s ubcontract s ubj ect to t he Equal Opportunity C lause, as requ ire d by executive
Orders 10925, 1111 4 , or 11 246, a nd that he has , has not , fi le d
with the Joint Reporting Committee, The Director of the office or Federa l Contract
Compliance, a Federa l Government con tract in g or admini st erin g agency, o r th e fo rme r
Pres id e nt's Committee on Eq ual Employment Opportunity, a ll repo rts due un der the
appl icab le fi ling requirements.
(COMPANY)
BY: ________ _
(TITLE)
DATE: _____________ ,20 __
NOTE: The above certification is required by the Equ a l Employment Opportunity
Regu lati ons of th e Secretary of Labor 4 1 CFR 60-1.7 (b) (1), and must be s ubmitted by
bidde rs and proposed subcontractors on ly in con nec tion with contracts and subcontracts
which are except form the Equa l Opportunity C lause a re set forth in 41 CFR 60-1.5.
(Generally on ly contracts o r subcontractors of$10,000 o r under are exempt.)
Currentl y , Standard Form 100 (EE0-1) is the only report required by the Executi ve
Orders or their imple menti ng regu lations.
Proposed prime contractors and s ubco ntractors w ho have participated in a p reviou s
contract or s ubcontract s ubj ect to the Executive O rders a nd have not filed the r equired
reports s hould note that 4 1 CFR 60-1.7 (b) ( 1) prevents the award of contracts and
s ubcontracts unless s uch contractor submits a report covering the d e linque nt period or
s uch other p eriod specified by th e Federal H ig hway Administration or by the Director,
Office of Federa l Contract Compli a nce, U.S. Department of Labor.
35
NON-COLLUSION AFFIDAVIT
The und e rs igned is s ubmi tting a bid for performing the fo llow in g work by contract, being
du ly sworn, d e posed and says:
T ha t he ha s not e ither d irectly or indirectly, e nte red into a n y agreement , p a rti cipated in
any collusion, or otherw ise taken a ny action in restraint of free compet itive bidding in
coi1Jl ection with such contrac t.
(Fill in descripti on of contract)
Sign ature of bidder
Bus iness Address
Place of Reside nce
Subscribed and s worn to before m e thi s ____ day of _______ ,2 0 __ _
Notary Public in and doe the County of
---------------------' Sta te of California
M y co mmi ss ion expires _____________ _ 2 0
36
GENERAL SPECIFI CATIONS
SCOPE OF WORK
The wo rk to be done con s is ts of furni s hing a ll m ate r ia ls, e quipme nt, tool s, la bor , and
in c idental s as re quire d by the Pla n s, Specifica ti o n s, and contract docume nts.
LOC ATION OF WORK
The gen e ra l locations and limits o f th e work a re as fo ll ows :
BICYCLE STR IPIN G & SIGN IN G IMPR OVEMENTS ON OAK AVE , LEM ON AVE ,
LONGDEN AVE , OLIVE ST, FREER ST , GOLDEN WEST AVE , ARDEN DR , AND EL
MONTE AVE
T IME FOR C OMPLET IO
T he Con tract or shall no ti fy C ity o f T e mple C ity and the o wne rs of a ll utiliti es and
s ubs truc tures not less th a n 48 ho urs pri o r to s tartin g cons truc ti o n. T he foll owin g li s t of
nam es a nd te lephone numbe rs is intende d fo r the convenj e nce of the C ontractor and is
no t g ua ranteed to be compl e te o r correct:
C IT Y OF TEMPLE CITY
Atte nti o n: Robert Sahag un
ATT
Atte n t io n : Andrea Moo re
TH E GAS C OMPAN Y
Atte n t io n : Peggy Lee
SOUTHERN CALIFORNI A E DI S ON C OMPAN Y
Atte nti o n : E LIAS BE RMUDEZ
S OUTHE RN C ALIFORNIA WATE R C OMPAN Y
Atte nti o n: Mr. Dean Robinso n
SAN GABRIE L VALLE Y W A T E R C OMPAN Y
Atte ntion: Mr. Lui s Monte negro
C HARTER C OMMIC A TIONS
Atte ntio n: Mr. E rnes t F lo res
LOS AN GE LE S C OUNT Y D E PARTM ENT
OF PU BLIC WORKS
Attenti o n : Mr. A li Zade h
LOS A N G E LES COUNTY SAN IT AT ION DISTRIC T
GS-1
(62 6) 2 85-2 17 1
626-570-741 7
818-701-4 594
626-3 0 3-841 8 T
(6 26) 446 -1 372
(626) 448-6183
(626) 537-664 8
(626) 458-3 118
(5 62 ) 699-7411
Attention: Mr. J ohn Redne r
UNDERGROUND SERVICE A LE RT
EMERGENCY INFORMATION
(800) 422-4 133
The names, addresses, and telepho ne n umbe rs of the Contrac tor and Subcontractors, o r
th e ir representatives, s ha ll be fi led w ith th e E n gineer and the County Sheri ffs
Departm e nt o r th e C ity Police Departm e nt prior to beginnin g work.
STANDARD SPECIF ICATION S
The Standard Spec ifi cations of the AGENCY are contained in the 2006 Edition of the
"Gree nbook," Stand ard Specificat io ns fo r Publi c Works Cons truction , inc luding a ll
s uppl e me nts, as written a nd promu lgated by the joint Cooperative Comm ittee of the
So uthe rn Califo rnia Dis tri ct of th e Associated General Contract ors of Ca l iforn ia. Copies
of these Standard Specifica tion s a re avai labl e f rom the publi s he r, B uild in g ews,
In corporated, 16 12 Sou th C le mentine Street, A naheim, Cal ifornia 92802, telepho ne (7 14)
5 17-0970. and the Caltrans Standard s p ecification s 2006 E diti on
The Standard Specifi cati o ns set fo rth above w ill control the genera l prov1s 1on s,
cons tructio n materi al s, and co n struction m e th ods fo r tlli s contract, except as a mend ed by
the Plans, Specia l Provis ions, or othe r cont ract docum e nts . T h e fo l lowin g Specia l
Provis ions are s upple me ntary a nd in add it io n to the provis ions of th e Standard
Specifications unless oth erwise no ted and the sections numbers of th e Spec ia l Prov isions
coin cide w ith th ose of the s aid Standa rd Specificat ion s . Onl y those sec ti o ns re q ui ring
e laborations, amendme nts, s pecify ing of opti ons, or additions a re call ed out.
GS-2
SPEC IAL PROVISIONS-GENERAL
PART I
I . TERMS, DEFINITIONS, ABBREV IATIO NS AND SYMBOLS
1-2 DEFTNITIO S
AGENCY: C ITY OF TEM PL E CITY
B oard: City Counci l of the C ity of Temple City
Cal trans: State of California, Department of Transporta ti on
County: County of Lo s Angeles
Engineer: T h e city Engineer of the C ity ofTemple C ity or hi s authorized representati ve.
F ederal: U nited States of America
2 . SCOPE AN D CONTROL OF THE WORK
2-l AWARD A D EXECUTION OF CONTRACT
Within 10-working da ys after the date of th e AGENCY 'S noti ce of award , the Contractor shall
execute and return the fo ll owin g contract documents to the AGENCY:
Contract Agreement
Faithful Perform an ce Bond
Material and Labor Bond
Public Liability and Property Damage Ins uran ce Certificate
Worke r's Compe ns ation In s uran ce Certificate
Failure to comply with the above will res ult in annulment of th e award and forfeiture of the
Proposal Guarantee.
The Contract Agreement s hall not by cons id ered binding upon the AGENCY until executed by the
authori zed AGENCY official s.
A corporatio n to which an award is m ade may be required, before the Contract A g reement is
executed by the AGENCY, to furnis h ev id e nce of its corporate ex is tence, of its ri g ht to e nter into
contracts on the State of Californ ia , and th at the officers signjn g the contract and bonds of the
corporation have the authority to do so.
2-2 SUBCONTRACTS
SP-1
2-3 .1 General. The seventh paragraph of s ubsection 2-3.1 pf th e Standard Specifi cati ons is
he reby de le ted and replaced w ith the followin g :
The Contractor sh all perform o f provide, w ith its own organi zation, contract la bor,
materials, and equipment amo unting to at least 50 p e rcent of the Contrac t Price. The
contract labor p erformed o r pro v id ed by the Contractor sh a ll a mo unt to at leas t 25 percent
of the tota l contract la bor for designate d "Specialty Items" may be p e r fo rm ed or provided
by th e Contractor w ith its own o rgani za ti o n. Whe re an e ntire item is subcontra c ted, the
valu e of contract, labor, m ateri a ls, and e quipment s ubcontrac te d w ill be based on the
Contract Un it or Lump-Sum Price. Wh e n a p o rtion of an ite m is s ubco n tracte d , the val ue
of contract labor, mater ia ls, a nd eq uipme nt subco ntrac ted, wi ll be ba sed o n the esti ma ted
pe rcentage of th e Contract a U nit of L ump-S um Price, determined form in forma tion
s ubmitte d by the Contractor , s ubj ect to approval by th e Engin eer.
Pri o r to award of th e contrac t, th e ot he rw ise qu a lify in g low bidder s h a ll submit a li s t of all
s ubcontractors inte nd ed to perform work on th e proj ect. Thi s li s t shall in clude the name
a nd location of the place of business of each s ub contractor w h o wi ll perform work or la bor
o r render ser v ice to the prime contractor o n or about the con stru ct ion of the work or
improvement, or a s ubcontrac tor li cen sed by the State of Cali fo rnia who, und e r s ubcontract
to the prime contractor, s pecia ll y fabricated and ins ta ll s a p orti o n of the wo rk or
improvement according to d e tailed drawin gs co ntained in the plans a nd s pecifi catio n s, in
an a mo unt in excess of o ne -half o n o ne per cent of the prim e contractors total bid. The
contractor s hall prov id e a descr iption b y b id item number o r o th e rw i se f ull y designate the
portion of work to b e performed by each contractor.
2-4 CONTRACT BON DS
The Faithful Pe rfo rmance Bond s ha ll re ma in in fo rce for a period of I year afte r the date of
record a ti on of th e No ti ce of Comple tion. The m ateria l and Labor
Bond s ha ll remain in force unti1 3 5 d ays a ft e r the d ate of record atio n ofthe Notice of complet io n.
The Contracto r shall provide the fo ll owing s upplementa l informa ti o n fo r each bond a s required
here in:
a . Surety company or agen cy mane prov iding bond .
b . Name of th e a gent.
c. The bu siness tel e ph on e number of the s urety company and/or agency and agent.
2 -5 PLANS AND SPECIFICATIONS
2-5.1 Gene ral. The contractor s ha ll maintain a control set of Plans and Specifi cations o n
the proj ect s ite at a ll times. A ll fin a l locatio ns determined in the fi e ld , and a n y deviations
from the Plans and Specifications, shall be m arked in red on this contro l set to s h ow the as-
built co nditions . Upon compl e tion of a ll work , the Contractor s h a ll re turn the contro l set to
the E ng in eer. Final pay m e nt w ill not be made until thi s re quire m e nt is me t.
SP-2
Section 2 is amend ed by adding th e re to the following new Subsectio n 2 -5.4 Exam inatio n of
Co n tract D ocuments.
2 -5.4 Examination of Contrac t Docum ents . The bidder s ha ll examin e carefull y t he e ntire
s ite of work, in cluding bu t not res tricted to th e condit io n s a nd e nc umbrances rela ted
th e re to, the Pl an s and Specificati ons, and th e proposal and co ntract fo rm s th e refo re. The
s ubmi ssions of a bid s hall be con c lu s ive evidence that hate b idder h as in vesti gated and is
sati sfi ed as to th e cond itio ns to be e ncounte re d , as to th e c ha rac te r, qual ity, and scope of
th e work t o be pe rfo rm ed , th e quantities of m aterial to be furni s hed and as to the
requi re me nts of the proposa l, Pl a n s, Specifica ti o ns, and the contract.
2-9 SURVEYING
2-9.3 S urvey Service. Subsecti on 2-9.4, Survey Serv ice is a mend ed by adding th e reto the
following:
The line and g rades for constructio n w ill be para llel to and offset from the pos iti o n of t he
work. Form the establi s hed lin es and g raded, the Contractor s hall extend th e necessary
lin es and g ra d ed for co ns tructio n of the work and s ha ll be respons ib le fo r th e correctness of
same.
3. CHANGES IN WORK
3-3.2 P ayment.
3-3.2.1 Gene ra l. When th e pri ce for ex tra work cannot b e agreed upon, p ayment for extra work by
cos t plus a differenti al for labor, materi a ls and equipment provided s ha ll be s ubj ect to the approval
of the Engineer and compe n sation w i ll be determ in ed as provided herein.
3-3 .2.2. B as is of Estab li s hin g Costs
S ub section 3-3.2.2(a) is he reby deleted and re placed w ith th e fo ll owing:
3-3.2.2.(a) L a bo r
T he Contractor w ill be paid th e cost of lab or for the wo rk me n (incl ud ing fore me n
w he n auth orized by the E n gineer), used in the actua l and d irect pe rformance of the
work. The cost of labor, w he the r the employer is the Contractor, Subcontractor or
other forces w ill be th e s u m of the fo ll owing :
3-33 .2.2.(a)l Actua l Wages. T he actua l wages pa id s h all inc lud e an y emp lo yer
paym e nts to or o n beha l f of the wo rkmen for health and welfare, pension, V acation
and si mil ar purposes.
3 -3.2.2(a).2 Labor Surcharge. To the actua l wages, as de fin ed in secti o n 3-3.2.2(a).
l ,w ill be a dded a labor s urcharge set forth in the D epartment of Transportation
publication entitled "Labo r Surcharge and Equipme nt R ental R a tes," w hi c h is in
effect on the date upo n which th e work i s accompli s hed a nd which is part of the
SP-3
cont ract. Said labor surch arge shall constitute full compensation fo r all p aym e nts
imposed by State a nd Federal laws and for a ll othe r p aym ents made to, or on beha lf
or, th e workmen , other th a n actua l wages as defin ed in Section 3 -3 .2 .2.(a).l and
subsistence and travel a ll owance as s pecified in Section 3 -3.2.2.(a).3.
3-3 .2 .2 .(a).3 Subsistence and Travel A ll owance.
The actual s ub sistence and Travel A ll owance paid to s uch workmen.
Subsection 3-3.2.2(c) i s h ere by de leted a nd r ep laced with the fo ll owing:
3-3 .2.2(c) Equipment Renta l
The Contractor w ill be paid for the u se of equip m e n t at the rental rates li s ted for
each equipment in the D epa1tment o f Transportat ion Pub li cation en titled "Labor
Surch a rge a nd Equ ipment Re n tal R a tes," wruch is in effect on the d ate upo n w h ich
the work is acco mpl is hed and wruch is a part of the co ntract, regard less of
ownershi p and any r e ntal or o th er agreement, if s uch may ex is t, for th e u se of s uch
equipment entered into by the n Co ntract o r. If it i s deemed necessar y by the
E n g ineer to use eq uipmen t not l isted in the said publ ication a s uita ble re ntal rate fo r
s uch eq uipment w ill be established b y the E n g ineer. The Contractor may f-u rni sh
any co s t data w hi c h m ig ht assist the E ng ineer in t he establi shment of s uch rental
rate.
The rental rates paid as p r ovid ed ab ove sh a ll include the cost of fu e l, o i l, lubrication,
s uppli es, small tool s, necessary attachments, repairs and maintenance of a ny ki nd ,
d epreciation, storage, in s urance, and all inc id e ntals .
Operators of re nted e quipme nt w ill be pa id fo r as prov ided in Section 3-3 .2.2(a), "Labor."
A ll equipme n t s ha ll , in opin io n of the E n g in eer , be in good working condition and s uitab le
fo r the purpose for which th e e quipmen t is to be used.
U nl ess o th e rwise sp ecifi ed , m anufac turer 's ratin gs and manufacturer approved modificatio ns
s ha l l be used to c lassi fy equipment fo r t h e d e termi na ti o n of applicable re nta l rates.
E quipme nt which has no d irect power unit sh a ll be powered by a unit of at least the
minimw11 r ating r ecomme nded by t he manufac turer.
Indi v idua l pieces of equipm e nt or t oo ls no t lis ted i n said publ icat ion and h aving a
replacement val ue of $20 0 or less, whether o r not consumed by use, shall be co nsider ed to be
sm a ll too ls a nd no payme nt wi ll be made therefore.
Re nta l time wi ll not be a llowed w he n eq uipmen t is inope rati ve due to breakdo wns .
3-3.2.2(c).l Equ ipment on the Work. The re nta l t ime to be paid for e quipment o n
th e work s ha ll be the tim e the e qu ipment is o n op e ratio n on th e extra wor k being
performed, and in addition, sh all include t h e time r eq uired to m ove the equipmen t
to the l ocatio n of the extra wo rk and re tmn to move th e equipme nt t o the original
location for t o an other locat ion requiring n o m o re time than that req uired to re turn
it to its o rig ina l location, except th a t mov ing time w ill not be paid for if th e
SP-4
e quipment is used at th e s ite of the tran s p orting costs w ill be allowed, on li e u of
moving time, w he n the equipment i s moved b y means other t han its own powers,
except that n o payme nt wi ll be m a de if the eq uipment is u sed at the si te of the extra
work on oth er than s u c h extra work.
The following sh a ll b e u sed o n com puting the rental time of e quipme nt on the wo rk:
1. When hourly rates are li s ted, less t han 30 minutes of o pe ration
shall be cons id ered to be 12 hour of operation.
2. When dai ly rate d a re li s ted, le ss than 4 hours of o p e ra ti o n s ha ll be
consid e re d to be 12 d ay of operati o n.
3 -3.2.2(c).2 E quipment no t o n the Work. For the u se o f equipment m oved in on the
w ork and u sed exclu s ively for extra work paid for o n a force accoun t basis, the
C ontractor w ill be paid th e rental rated li st ed in th e D e p artme nt of Transp o rta ti on
publ ication ent itl ed "La bor S urcharge and Equipment Rental R ates,'· w hi c h is in
effect o n the date upon w hi ch th e work is accomp lished and which is a part of the
contract, or determ in ed as p ro v ided in Section 3 -3.2.2(c) a nd fo r the cos t of
t ransporting the equipment to the o ri g inal location, a ll in accordance wi th the
fo llowing prov is io ns:
1. The o ri g ina l location of th e equipment to be ha ul e d to th e locati o n of the
work s ha ll be agreed to by th e E ng ineer in advance.
2 . The Agency w i II pay the cost s of loading and unload ing s uch equipment.
3. The cos t of transp o rti ng equipment in low-bed trai le rs s ha ll not
exceed the hourl y ra tes charged by e s tabli s hed haulers .
4. The cost of transp o rting equipment shall not exceed th e appl icable
minimum estab li s hed rates of the Public U tiliti es Commi ss ion .
5 . T h e renta l p e ri od s hal l begin at th e time the equipme nt is
unl oaded at the s ite o f the ex tra work, s ha ll in c lud e each day tha t the
equipme nt is a t the s ite of the extra work, exc luding Saturdays, Sundays,
a nd legal ho lidays unl ess th e equipme nt i s u sed to perform t he extra work
on s uch days, a nd s ha ll t e rminate a t the e nd of the day o n w hich the
E ngineer directs the Contrac tor to discontinue the u se of s uc h equipment.
The renta l tim e to b e pa id p e r day will be in accordan ce with the fo ll owing:
H ours E quipment
is in operatio n
0
0.5
1
2
2 .5
SP-5
H o urs to
be pajd
4
4.25
4 .5
5
5.25
3
3.5
4
4.5
5
5.5
6
6 .5
7
7.5
8
Ove r 8 Hours in Operation
5.5
5.75
6
6.25
6.5
6.75
7
7.25
7.5
7.75
8
The hours to be paid fo r eq uipment which is operated less than 8 hours due
to breakdo wns s ha l l not exceed 8 less the number of hours the eq uipme nt is
inoperative due to breakdowns .
Whe n h ourl y rates are li st ed , less than 3 0 minutes of operation s hall be
cons idered to be Y2 hour of operation.
When daily rates are li s ted , payment for Y2 day will be made if the
equipment is not used. If th e eq uipment is used , payment wi ll be made for
I day.
The minimum rental time to be paid for the entire rental peri od o n an hourl y
bas is s hall not be less than ho urs or if on a dail y bas is s ha ll not be less than
1 day.
6. Should th e Contractor d esire the return on the equipment to
o th er than its o ri g inal location , the Agency w ill pay the cost of
tran sp ortation in accordance w ith th e above provisions, provided such
pay m e nt s hall not exceed th e cos t of moving the e quipm e nt to th e work.
7. P ayment for tran sporting , loading a nd unloading e quipm e nt , as provided
above, w ill not be made if the e quipment is u sed on the work in an y other
way than upon extra work paid for on a force-account basis.
When extra work , oth e r th an work s pecifically designate as extra work in the plans
and specifi cations, is to be paid for on a force-account bas is and the E ng ineer
determines that s uch extra work re quires the Contractor to move onto the work
equipment which cou ld not reasona bly have been expec ted to be needed on the
performance of the contract, th e E ng ineer may authorize payme nt for the use of
s u c h equipment a t equipment renta l rates in excess of those l isted as appl icable for
the use of s u ch e quipment s ubj ect to the fo llowing additional conditions:
1. The En g in eer s hall s pe c ifically a pprove the necessity for use of particular
eq uipment on s uch work.
SP-6
2 . T he Contractor s hall establi s h, to t he sati sfaction of the Eng ineer , that
s uc h e quipment cannot be obtained fro m hi s no rm al equi p m e nt source or sources
and those of hi s s ubcontractors.
3. T he Contractor s hall establish to the satisfac ti o n of the E ngin eer that
the proposed eq uipm e nt re nt al rate for s uch equi pment from hi s proposed source i s
reas onabl e and appropria te for the expected p e ri od of use.
4. T he E ng ineer s hall approve the equipm ent rental r at e to be paid by the
Agency befo re th e Contractor begin s work involv in g the use of said eq uipme nt.
3-3 .2.2(c).3 Owne r-Opera ted Equipme nt. Whe n owne r-ope ra te d e quipme nt is u sed
to perform extr a work to be paid for on a fo rc e accoun t bas is, the Contractor wi ll be
paid for he equipme nt a nd operator , as fo ll ows:
Payme nt for the e quipment w ill be made in acco rdance w ith the provisions m
Section 3 -3.2.2(c), "Equipmen t R e ntal."
Payment for the cost of labor and s ubs iste nce or travel a ll owance wi ll be made at
the rates pa id be th e Contractor to othe r workmen opera ting similar e quipment
already o n the proj ect o r , o n the absence of s uch other wo rkme n , at t he ra t es for
s uch labo r esta bli sh e d by col lecti ve ba rgaining agr eem e nts for th e type of workman
and location of the wo rk, wh e th er o r no t the owner-operator is actuall y covered b y
s uch an agreeme nt. A labo r s urc harge w i ll be added to the cost of labo r described
h e re in, on accordance with the prov is io ns in S ecti o n 3-3 .2.2(a), "Labor."
To direct cos t of equipment r enta l and labo r , computed as prov id ed herein, w ill e
added th e m ark ups fo r the equipment re ntal and la bo r p rov id e d in Secti o n 3 -3.2.3 ,
"Mark-up."
3-3.2.3 Mark-up.
T he text of S ubsection 3-3.2.3 is he reby dele ted and r eplaced w ith the fo ll owin g:
(a) Work by the Contractor. The following percentages shall be added
to th e Contrac tor's costs a nd s ha ll cons titute th e mark-up for a ll
overhead and profits, w hich s ha ll be dee med to include a ll ite m s of
n ot specifically d esi g nated as cost o r equipme nt rental in
3.2.2(a) and 3-3.2.2(b), "Materials," and 3-3.2 .2(c),
Labor
Material s
E quipment Re nta l
Other Items a nd Expe nditures
20
15
15
15
expen se
Sections 3 -
"E quipme nt R e ntal."
To the s um of t he cost s and m ark-ups provided for in t hi s s u bsection, 1 p e rcent
shall be added as compe n s ation fo r bonding.
SP-7
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a s ubcontractor, the mark-up established in
Subsection 3 -3.2.3(a) shall be applie d to th e s ubcontractor's actual work, to
s ubcontracted w hich a mark-up of 10 percent on the fus t $2,000 ofthe
pmiion of the extra work and a mark-up of 5 percent
$2,000 of the subcontracted portion of the e x tra
Contractor.
3-4 DISPUTED WORK
3-5.1 C l a im s and Disputes During P er fo rmance:
on the work a dded i n e x cess of
work may be added by t h e
The following procedures and require m e nts s ha ll app ly and be full y complie d w ith a ny
c laim or di s pute to be considered for pay m ent as extra work:
Procedure:
A. The Contractor and the C ity s hal l m ake good-faith attempts to re so lve a ny a nd
all c lai m s and dis putes that may from time to time arise during the p erformance of the
work of the contract. I f the Contractor conside r s any work r equired of them to be o utside
the r equire m e nts of the contract, or i f th ey con s ider any instruction, mean ing,
requirement, ruling or decis ion of the C ity of its representati ve to b e unauthorized , they
sha ll , within seven (7) calendar days after s uch d e mand is m a de , or instruction i s
g iven , fi le a written protest (dispute) w ith the City s tating cl earl y and in d eta il the ir
obj ection and reas on there fore . The Contracto r s hall promptly comply with the
work required of them even thoug h a written protest has been filed . If a writte n
protes t is not i ss ued within seven (7) cale nd ar days, the Contractor s h all waive their
rig ht to furthe r claim on the sp ecific issue .
B. The City w ill review the Contractor's writte n protest and provide a decis ion, ofth e
contractor s till con s id e rs the Work re quire d of the to be o utside of the requirem e nts
of the Contrac t, the s hall so n o tify the C ity, in w riting , w ithin seven (7) calendar
days afte r receiv in g the dec is io n th at a fo rma l claim w ill be issued. Withi n thirty
(30) cale ndar day s of receivi ng the decis io n , th e C ontractor s hall s u bm it their claim
and a ll arg uments , justifi cation, cost or estima te , sch edule analysis, and deta il ed
documentation supporting the ir p osition. Fai lu re to furni sh n otification within
seven (7) cale ndar days w ill result in the Contr actor waiving their right to the
s ubj ect claim.
C . U pon receipt of the Contractor's formal claim, including all ar g uments,
justification, cost o r estimates, sche dule analysis , and documenta ti on s upport ing
th e ir pos itions as previous ly stipul a ted , the C ity or its representative wi ll review the
issue and within thirty (30) calenda r days f rom rece ipt of the Contractor's cla im
render a final d e t ermina tion .
Certification
A. The Contractor s hall s ubmit w ith the claim the ir and S ubcontractor 's certifications
unde r p en a lty of perjury that:
SP-8
1. The claim is made in good fai th .
2. Supporting data are accurate and complete to the best of the
Contractor's knowledge and belief.
3. The am o unt requested accurate ly reflects th e Co ntract
a djus tm ent for w hich the Contractor believes th e C ity is liable.
4. If th e Co ntractor is an indiv idua l, the certification s ha ll be execute d by t h at
indi vidual.
5. If the Co ntractor is mot an indi v idual , the certifi cati o n s hall be
executed by an offi cer of general partner of the Contractor havin g overall
responsibility for the conduc t of the Contractor's affairs .
6 . If a fal se claim is s ubmitted , it w ill be considered fraud and the
Contractor may be s ubject to criminal prosecution.
B. In regard to an y c lai m or portion of a cla im for Subcontractor work, the Contractor
s hall fu ll y review sa id c la im a nd certify said cl a im , under penalty and perjury, to
have bee n made in good faith.
C. Fai lure to furn is h certificatio n a s required h e re inbefore w ill result in th e Contractor
waivin g th e ir ri g ht to the s ubj ect claim.
C laim Format
A . The Contracto r s ha ll s ubmit the claim jus tifi catio n in the followin g fo rm at:
1. Summary of the c la im m e rit a nd quantum plus c la use und er w hi ch the claim
is made.
2. Lis t of d ocuments re la tin g to claim:
a. Sp ecifications
b. Drawings
c. C la r ifica tions/R equest s for information
d . Schedu le d
e. Other
3 . C hrono logy of events and correspondence.
4. Analys is of c laim merit.
5. Analys is of c laim cos t.
3-6 NOTICE TO SURETIES
SP-9
Section 3, C hanges in Work, is am e nded b y adding the reto the fo ll owing ne w S ub section 3 -6 :
The Contractor s ha ll noti fy hi s s ureti es a nd th e carriers o f the ins ura nce furni s hed and maintained
by him o r a n y c hanges a ffectin g the gen e ra l scope of the wor k o r c ha nge in th e contract price or
tim e, or a combination thereof, a nd the a mo unt of the appli cabl e bonds an d th e coverage of the
insurance shall be adjus te d accordin g ly. T he Contractor s hall furni sh proof of s uc h adj us t ments to
th e owner.
4 . CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANS HIP
4-1.1 General. The Contrac tor a nd a ll s ubcontract o rs, s uppli e rs, a nd vendors, s ha ll g uarantee
that th e enti re work w ill meet a ll require me nts of this contract as to th e qual it y of materi a ls,
e qui pm ent, and workmansh ip. The Contracto r, at no cost to the AGENCY, sha ll make any
re pai rs o r re placements made necessary b y defects in mate ri a l, eq uipme nt, or workmanship
that become evident w ithin I year afte r that date o f record ation of the Noti ce o f Completion.
Within thi s !-year period , the contractor s ha ll also resto re to full comp lian ce w ith
requireme nts of this co ntract a ny portion of th e work , whic h is fo und to not meet those
require ments . The Contracto r s ha ll ho ld th e AGENCY h armless from cl ai ms of any kind
a ri sin g f rom damages du e to sa id d efects for noncompli ance. T he Contracto r s ha ll make a ll
repairs, r eplacem ents, a nd restorat ions w ith in 3 0 d ays after th e date of th e E ngineer 's w ritte n
notice.
4-1.4 Test of Mate ri a ls . Except a s el sewhe re s pe c ifi e d , t he AGENC Y w ill bear th e cost of
testin g mate ri a l a nd/or workmans hip w h ich m eet o r exceed the require m e nts indi cated in the
St a ndard Specifi cat ions a nd th e S pecial Provi s io n s . The cos t of a ll o t her tests, in cluding th e
retesti ng of m a te ri a l or workmans hip t ha t fa il s to pass the first test, s ha ll be bo rn e by the
Contractor.
4-1.5 Cert ifi cati o n. A Certifica te of Compli a nce s ha ll be furni s hed prior to the use of a ny
m ateri a ls for w hi ch these s pecifi ca ti ons or the specia l prov is ions requ ire that s uc h a
certificate be fwlLi s hed. In ad diti o n, w hen so authori zed in these specifi cati o n s or in the
s pecia l provi sions , the E ng in eer may perm it t h e use of certain ma te ri a ls or assembl ies prior
t o sa mpling and t esting if accompa ni ed b y a certifi cate of co mpli a nce. T h e certifi cate sh a ll
be s ig ned by th e m an ufac ture r of th e m aterial o r the m an ufa cturer of assembl e d ma t e ri a ls
and sh a ll state that t he m ateri a ls in volved compl y in a ll res pects wi th t he require ment of the
s pecifi cati o ns . A Certifi cate of Compliance s ha ll be f urni s he d wi th each lot of material
d e l ivere d to the work and the lot so certifi ed s ha ll be c learl y identified in the certificate.
A ll mate ri a ls u sed on the bas is o f a Certifi cate of Comp liance may be sampl ed and tested at
any time. T he fact that m at e ri a l is used o n the basis of a Certificate of Compliance s h a ll not
re l ieve the Contractor of respon si bi lity for in corporating materi a l in th e work which
confo rm s t o the requi re me nts o f th e Pl a n s and Specifi cat ions, a nd a ny s uch material not
conforming or s uc h require me nts w ill be s ubj ect to rej ection whethe r in p lace or not.
T he Agency r eserves th e ri g ht to refuse to pe rmit the u se of ma t e ri a l o n the basis of a
Certi ficate of Compli ance.
SP-10
T h e fo rm of the Cet1ifi cate of Compliance and its d ispos iti on shall be a s d irected by th e
E n g ineer.
4 -1 .6 Trade Nam e d or E qua ls . Approval of eq uipment a nd ma te ri a l s offe red a s eq uivalents
to t h ose sp e cified mu st be obta ined prior to t he openin g of bid s a s set fo rt h in the
INSTRUCT IO NS TO BIDD ERS.
5. U TILITIES
5 -1 LOCATIO N
The locati o n a nd ex istence of a n y und e rg ro und uti lity o r s ubs tructu re was obtaine d fo rm a
search of avajlab le records. No g u arantee is m ade o r implied that the info rmati o n is
complete o r accura te. It s ha ll be tha t Contractor's resp o n s i bility alone t o d e termine the exact
locati o n of unde rg ro und uti lit ies o r subs truc tures of ever y na ture a nd to pro tect t h e m from
d amage. The Contractor s h a ll ex cavate and expose all hig h ri s k unde rground fac iliti es.
T he Contractor s ha ll noti fy t he owne rs of a ll util iti es a nd substructures a s set forth in the
GENERAL SPECIF I CATI ONS.
5-4 RELOCATION
The second sentence of the las t pa ragra ph o f S ubsecti o n 5-4 of th e Sta nd a rd Spec ifi cations is
here by de le ted a nd re pla ced w ith th e fo ll owin g:
When no t otherw ise required by the P la ns a nd pecifi cation s a nd w he n directed by th e En g ine e r,
th e Contra c to rs sh al l arra nge fo r th e re locations of se rv ice connection s, a s nece ssary, between
th e me te r a nd pro perty li n e , o r be tween th e me te r a nd I imits o f const ru c ti o n .
5-5 D E LA YS
T he seco nd pa ragraph of S ubsec t io n 5-5 is he reby d e le te d a nd rep laced w ith th e fo llow in g two
pa ra g raph s :
T he contracto r w ill no t be e ntitled to damages o r a dditio na l payment for d e lays attributa bl e to
utility re locati o ns o r a lte rati o ns if correct ly located , no ted a nd completed in accordance w ith
s ub sectio n 5-l. T he Contracto r s ha ll ascet1a in furth e r de ta il ed info rm a ti o n to coord inate hi s
work to thi s e ffect.
A ll no t ifi cati o n o f ut i lity companies s ha ll be by th e e n g in eer based o n the Contracto r 's request as
s ubmitted to t he Eng in eer at lea s t 24 ho u rs in a d va nce o f th e need ed wo rk. A ny costs for d e lay
of th e Contractor o f ut ili ty compani es in thi s rega rd s ha ll be a ss ig ne d to th e Contracto r, if t hese
costs are a result of th e Contractor's request be in g ultim ately in a ny respect, except for th e utili ty
company no t res pondin g at the ir a g reed tim e be fo re 2 4-ho ur pe ri od e la pses.
Compen sati o n fo r id le tim e du e to d elays s ha ll be in confo rm a nce w ith Subsecti o n 8-1.09 o f the
State Sta ndard Specifi catio n s w he re in re fe re nce to Section 4 -1.03 0 sh a ll mean Subsectio n 3-3.1
of th e Sta ndard Spec ificatio n s .
6. PROSECUTIO N, PROGRESS, AND ACCEPTANCE OF THE WORK
SP-11
CONSTRUCTION SCH ED U L E AND C OMMENCEMENT OF WORK
T h e Contracto r 's prop osed constructi o n schedul e sh a ll be s ubmi tte d to th e Engin eer w ithin I 0-
wo rking d ays after th e d a te o f th e AGENC Y 'S executi o n of th e Contract Agreeme nt. The
sch ed ul e s ha ll be s uppo rted by written s tate m e nts from eac h s upplie r o f materials o r equ ipme nt
in d icatin g tha t all o rd e r s have been placed and acknowledged, a nd settin g fo rth th e da tes that
each ite m wi ll be de livere d.
Pri or to iss uing t he Notice to Proceed w idth th e work, t he E ng in eer w ill sc hed ul e a pre-
cons truction m eeting w it h th e Contracto r to review th e proposed con s tru ctio n schedu le and
de li very dates, arran ge uti li ty coordinati o n, di scuss constructio n metho d s, a nd c la ri fy in spection
procedures.
The Contracto r s hall s ubmit p rogress re po t1 s t o t he E ng ineer by the I 0 111 day of each mo nth. The
report shall in c lud e a n upda ted Con stru c ti o n Schedu le. An y d ev iat io n s from the o ri g ina l
sch ed ul e s h a ll be exp la ined. Prog ress paym e nts w ill be w ithhe ld pendin g receipt o f an y
o uts ta ndin g reports .
6 -I PROSECUTION O F WORK
The fo ll owing is he re by added to Sect io n 6-2:
I . The Contracto r mus t pl ace con c re te within 3 workin g d ays a fter the
re m oval of ex is tin g co ncrete.
2 . AC re placeme nt at driveways s h a ll b e in sta ll ed w ithin 3 d ays of
po uring concre te , unl ess AC c o ld mi x is insta ll ed , in w hi c h case AC
re pl aceme nt s hall be insta ll ed within I 0 d ays.
3 . T he Contrac to r s hall c lea n up al l rubb le/debris d a il y .
4. Cold milling shall n ot be perfo rmed m o re than 3 d ays a head of
5. Permane nt strip in g s ha ll be perfo rm e d w ithin 72 hou rs of pav in g o n
a ll streets.
6. Man ho le frames and cove r s ha ll be raised and patched w it h ARHM
within 8 calendar d ays of A RHM overl ay pavin g over the faci lity.
pav tn g.
FAILURE OF THE CONTRACTOR TO COMPLY WITH THE AFOREMEN T IONED WORK
SCH EDULING REQUIREMENTS, (l )-(7), D UE TO C ONDIT IO NS UN DE R HIS CON TROL
WILL RESULT IN DAMAGES B EING SUSTAINE D BY THE AGENCY. SUCH
D AMAGES ARE, AND WILL CONTINUE TO B E, IMPRACTICAL AND EXTREMELY
DIFFI CU LT TO D ET E RMINE. FOR EACH DAY TH E C ONTRACTOR FA ILS TO
CONFORM TO THESE REQU IREMENTS, THE C ON TACTOR S HALL PAY TO THE
AG ENCY , OR HAVE WI T H E LD MON IES D UE TO HI M T H E SU M OF S IX H UN DRED
DOLLARS ($600) AS LIQ UIDATED DAMAGES FO R E ACH CAL ENDAR DAY.
6 -6 D E LAYS AN D EXT EN S IONS OF TIME
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6-6.1 Genera l
If the Contra c to r des ires pa yme nt fo r a de la y as specified in Subsect io n 6-6.3 of th e
Standard Specifica ti ons, it sha ll notify the Eng in ee r in writin g w ithin 3 da ys of
beg innin g of de la y. If th e Co ntractor des ires a nd exte ns io n o f time a s spec ifie d o n
Sub section 6-6.2 o f th e Stan da rd pecificatio ns, it s ha ll not ify th e Eng ineer in wr iting
w ithin 3 da ys of th e beg innin g o f th e de lay. Suc h notice shall s pecify t he nature of th e
de lay a nd the co ndi t io ns which se t the beg innin g tim e fo r th e del ay.
Utility de lays subj ec t to th e pr ov is io ns of Sub sectio n 5-5 ofthe Sta ndard Specifi cation s
s hall on ly be g ra nte d time ex ten s io ns o r paym e nt fo r de lay ba sed o n s tri ct co nfo rmance
wit h Subsecti o ns 6-6.2, 6-6.3 , and 6-6.4 in th e Standard Specifi ca t io ns and tho se
s ub sec ti o ns a re modified in th e Genera l Co nditi ons.
6-6.3 Pay me nt fo r De lays to Contractor
Co mp e nsa ti o n for id le tim e due to de lays shall be in c o nform a nce wi th Subsection 8-
1.09 of the State ta nd a rd S pecifi ca ti ons whe re in refe re nce to ectio n 4-1.03 D s ha ll
mean Subsection 3-3 .1 , or th e Standard Specificati ons.
6-6.4 Wri tte n oti ce and Report. T he fir st se ntence o f s ubsec ti o n 6-6.4 is hereby
deleted and rep lace with th e fo ll owin g:
l f the Con tractor de s ires pay me nt for a de lay as s pecifi ed in Subsectio n 6-6.3 of the
Standa rd Spec ifi cation s, it s hall not ify the Eng in eer in wr itin g within 3 days o f
beg innin g of the delay. If th e Co ntracto r de s ires a nd ex ten sio n of tim e as spec ifi ed in
Subsect io n 6-6.2 of th e Standard Speci fi cati o ns, it s ha ll no tify th e Eng ineer in wr itin g
w ithin 3 days of th e beginn in g of th e de lay . If th e Co ntracto r des ir es a n extens io n of
tim e a s spec ifi ed on Sub section 6-6 .2 of the Standard Spec ifi ca ti ons, it sha ll notify th e
E ng in ee r in writin g wi thin 3 days o f th e beg innin g of th e de lay. Such notice s hall
specify th e na ture of th e de lay, ca use, a nd the conditi o ns w hi c h se t th e beginning tim e
fo r the dela y.
6-7 TlME OF COMPLET ION
6-7.1 Gene ra l. The tim e fo r comp let ion s hall be as no ted tn th e Ge ne ral
Specificat io ns .
6-7.2.1.1 Wo rk in g Da y. T he Contractor 's activities s hal l be co nfin ed to th e
hours between 7:00 a.m. and 3:30 p.m., Monday throu gh Friday, excludin g ho lidays.
Deviat io n fro m that 's ho urs wi ll n ot be permitted w ith o ut the pri or co nse nt of the
Eng inee r, except in e merge nci es invo lvin g imm edi ate hazard to perso n o r prope rty. Jn
the event o f e ith e r a req uested o r e merge ncy deviati o n, in spec ti on se rvice fees will be
charged against th e Contra ctor. The service fee s will be ca lc ul ated at overtim e rates,
includin g ben e fit s, ove rh ead, a nd trave l time . Th e servi ce fees will be ded ucted from
a ny amount s due t he Contractor.
6-9 LIQUIDAT IO DAMAG ES
Th e liqui dati on d amages va lu e is hereby ame nd ed to be s ix hundred do ll a rs ($6 00.00)
per day.
SP-13
7 . RESPO NSIBILITIES OF THE CO NTRACTOR
7-1 CON TRA CTOR 'S E Q UIP MENT A 0 FAC ILIT IE
A no ise leve l li mit of 86 d bA at a d ista nce of 15 meters (5 0 fee t) s ha ll ap ply to a ll const ructi on
e qu ipment on o r re lated to th e j o b whethe r owned by th e Co nt rac tor or no t. T he use of
excess ive ly lo ud wa rni ng signa ls s ha ll be avo ide d , except in those cases req uired fo r the
pro tecti o n of pe rsonn el.
7-2 LA BOR
7-2.2 Laws. T he Cont ractor, a nd a ll s ubco ntracto rs, s upp lies and ven do rs, s ha ll
comp ly w ith a ll AGENCY, State a nd Fed e ra l o rde rs regard in g affirmat ive actio n to
e n sure e qu a l e mp loyme nt o pportun iti es a nd fa ir e mpl oyment practices. Fai lure to fil e
a ny repo rt d ue unde r sa id orde rs w ill resul t in s uspe ns io n of pe riodi c progress
pay me nts .
T he Contracto r s hall ensure unlim ited access to t he job s it e fo r a ll eq ual em pl oym en t
o ppo rt un ity compl ia nce offi cers.
7-3 LI A B ILI TY I SURANCE
T he fi rst fo ur paragra ph s of Secti o n 7-3 a re a me nd ed to read as fo ll ows :
T h e Cont racto r s ha ll furn is h th e AGENC Y a po li cy o r ce rt i fica te of liab il it y in sura nce in whi c h
th e AGENCY a nd a ll of its offi ce rs, co ns u lta nt s and age nts, in c lu d in g C ity of Temp le C ity, a re
na med ins ured o r a re named a s a n a ddi tio nal in s ured w it h t he Contractor. or withstand in g a ny
in cons is te nt statements in th e po l icy or any s ubseq ue nt endorsement attached t hereto, the
AGE CY a nd a ll of its officers, cons ul tants and age nts, inc lud in g City of Temple City, s ha ll be
th e ins u red o r na med a s a n add it io na l ins ured covering th e wo rk, whe th e r liabi lity is attributable
to the Contrac tor or the AG EN CY or its officers cons ulta nt s or agents, inc lud in g City of Te mp le
C ity. Th e po li cy s ha ll in s ure AGENC Y a nd a ll of its offi ce rs, co ns ul ta nt s a nd agents in c lud in g
EKA C ivil E ng inee rs, Inc. wh ile ac t in g w ithin the scope of th e ir d ut ies of th e Wo rk, aga in st a ll
c la ims a r is in g out of or in con nect io ns w ith t he Work , exce pt as prov id ed f or in Subsectio n 6-1 0 .
T he Contracto r may fi le ins urance accepta b le to the AGENCY cover ing mo re than one project.
T he coverage s ha ll provide the fo ll owin g m inim u m limits :
Insu ra n ce Cove rage R eq uire me nts
Com pre he ns iv e Gene ra l Li ab il it y
Pro du ct/Completed Ope ra t io ns H aza rd
Compre he ns iv e Auto mob il e Liab ili ty
Contractu a l Genera l Lia bili ty
L imit Requ iremen ts
$1,000,000
$1,000,000
$1,000,000
$1,000,0 00
A combi ned s in g le-limit poli cy w ith aggregate limits m the a mo unt of $2,000,000 wi ll be
cons idered e qu iva le nt to the required m inimu m li m its .
T he iss ue r s ha ll be an "adm itted s urety in s ure r·• d ul y a uth orized to transact bus iness under the
law of the State o f Ca li fo rn ia.
SP-14
Acceptance in s urance coverage s ha ll be pl aced with carri e rs admitted to wr ite in sura nce m
Ca li forn ia, o r carriers wi th a ratin g of, o r equi va lent t o, A:VIIJ by A.M. Best & Co . A ny
deviation fro m th is rul e sha ll require specifi c approva l in wri tin g fro m th e C ity.
Except as prov id ed for in S ub se ction 6-10, th e Co ntracto r s ha ll save, kee p, and ho ld ha rml ess the
AGEN C Y a nd a ll o f its offic e r, con sultants, and age nt s, includ ing C ity of Temp le C ity , from a ll
damages, co sts o r ex pe nses in law or equity th at may at an y tim e arise o r be set up beca use of
da mages to property, or of perso na l injury rece ived by rea so n of or in t he course of perfo rmin g
wo rk w hi ch may be cau sed by a ny willful o r neg li ge nt act o r omi ss io n by the Co ntracto r, a ny of
th e Co ntra c to r's emp loyees, o r and Sub co ntrac tor. The AGE C Y and all of it s officers,
co ns ul ta nts, and age nts. includ ing C ity of Temple C ity , w ill not be li ab le for any acci de nt , loss,
o r dama ge to th e Wo rk pr ior to th e co mpl et io n or acceptance, exce pt as prov id ed fo r in
Subsecti o n 6.1 0.
A co py o f th e endorse ment, s ho w in g po li cy limi ts, sha ll be prov ide d to he r Coty o n or befo re
s ignin g th is contract.
7-5 PE RM ITS
The text of Subsecti o n 7-5 of th e Sta nd a rd pec ificat ions is he reb y de leted and replaced w ith the
fo ll owin g :
Pri o r to th e start of a ny wo rk, th e Co ntracto r shall ta le o ut th e app l ica ble AG ENCY permits and
ma ke arra nge me nt s for AGENCY in spections . T he AGENC Y w ill iss ue the permits at no
c harge to th e Co ntr ac tor. The Co ntra cto r a nd a ll Subcontractors s ha ll o btain an AGENCY
bu sin ess li cense and shall be li censed in accorda nce with State Bu s ine ss and Profe ss iona l Co de.
The Contrac tor s hall a lso obta in a ny a nd a ll other perm its , licenses, in spect ions, ce rtifi ca te s, o r
authoriza ti o ns required by any gove rnin g body o r e nti ty.
The Co ntracto r Sha ll pay all cost in c urred by th e pe rmi t a nd li ce nse require me nt s.
7 -8 PROJ ECT MA!N TANANCE
7-8.1 C lea n up a nd Du st Co ntro l. S ub se ction 7-8.1 is he reby de lete d and re p laced
w ith the fo llowin g:
T he Co ntractor s ha ll protect and care for a ll work until fin a l acceptance. T hro ugho ut
th e p eri od of co nstru cti on, th e Co ntracto r s hall kee p the s ite free and clean fro m a ll
rubbi sh and deb r is a nd an y unn eces sa ry obstru cti ons a nd shall promptl y c lea n up a ll o r
any porti on of the site w he n no tifi ed to do so by th e AGENCY repre sentative. When
so directed by t he AGENCY represen ta tiv e, the contractor s ha ll furni sh and operate a
se lf-loading moto r swe eper wit h sp ra y no zz le s for c lea nin g th e s ite . Care sha ll be
taken to preve nt spill a ge on streets over w hic h haulin g is do ne and any s uch s pi ll age o r
debr is dep os ited o n the streets du e to th e Co ntractor 's ope rati ons s ha ll imm ediate ly be
c lea ned up . T he Cont rac tor shall pro mpt ly remove fr om any pa rts of t he wo rkin g area
a ll unu sed material s a nd acceptab le co nditi ons at the ear lie st time fo ll owing
compl e tion of t he wo rk in a ny reaso nab le reac h. Fail ure o n th e part of the Co ntrac to r
to comp ly with the orders of t he AGE CY re gardi ng c leanup may res ult in a writt en
directive fr om th e AGENCY to cea se progre ss o n any or a ll parts or th e work und e r
contrac t until th e un sa ti sfacto ry con diti o n is co rr ec ted. No addit io na l co mp e nsat io n o r
tim e exten s ion w ill be a ll owed as a res ult of s uc h s uspe ns io n. Durin g a ll p hases of t he
SP-1 5
......___ _________________ --~-
co nstru c ti on work, the Contractor shall take precauti o ns to abate dus t nu tsa nce by
c lean in g up , sweep in g, s prinkl ing w ith water, or other mean s as necessa ry to
accompli sh resu lts sa ti s factory to her AGENCY representa t ive .
7-9 PROTECTIO AND RESTORATIO OF EX IST I G IMPROVEME TS
T he seco nd pa ragraph of Sub sec t ion 7-9 of t he Sta nd a rd Specifications is he reby del eted and
replaced w it h th e fo ll owin g:
The Cont ract or s ha ll relocate , repa ir , repl ace, or re es tab lis h a ll exist in g im provements w ithin the
projects limits w hi c h a re not des igna ted for remova l (e.g., c ur bs, s idewalk s, driveways, fe nces,
wa ll s, sp r inkl e r syste ms, signs, utility in sta llations , pavements, st ructures, etc.) whic h are
damaged o r re moved as a re sult of hi s operations or as req ui red by th e Plan s and Spec ificat io ns.
Where ex isting traffic striping, pave ment mark ings, and c urb marki ngs are dama ged o r th e ir
reflect ivity re du ced by the Co nt ractor's opera ti ons, s uch striping or markin gs sha ll also be
considered as existing improve ments and the Co ntractor sha ll repaint or rep lace suc h
improve ments.
Rel oca ti o ns, rep a irs, rep lacemen ts, o r re-establishments shal l be at leas t eq ual to the existin g
improvements and s ha ll match such impr oveme nt s in fini sh and dimen s ions unl ess otherwi se
specified.
A ll c urb termin atio n s tub -o ut s for traffic s ignal detecto rs a re cons id ered ex is tin g improveme nts.
Ex isting cu rb te rmin a ti on stub-o ut s damaged as a res ult of work re quired by the Plans and
Spec ifi cat io ns s ha ll be replaced by th e Co ntracto r at no cost to the AGENCY.
T he last pa ragraph of Subsect io n 7-9 of the Standard Specifications is hereby deleted a nd
re pla ced w id th th e fo ll owing:
A ll costs to the Contractor for pro tectin g, re mov ing, re stor in g, re locatin g, repairin g, replacing, or
re-estab li s hin g existin g imp roveme nts shall be in cluded in the bid.
7-10 PUB LI C CO VEN I ENCE AND SAFETY
7-I 0 Traffic and Access. Subsect ion 7-10 .1 of th e Sta nd ard Specificati ons ts
a mended by adding th e re to th e fol lowin g:
T he Co ntractor s hall no tify the occupants of a ll affec ted properti es a t least 48 hours
pri or to a ny tempo rary obs tru ction of access. Vehicular access to property lin e sha ll be
ma int a ined , except as req uired fo r co nst ruc ti on for a reasonabl e pe ri od of tim e. No
ove rni g ht closure o f a ny dri veway wi ll be allowed , exce pt as permitted by the
Engi neer.
At least o ne 3.60 me ters ( 12 fee t) w ide t raffic lane shall be provided for each direct ion
of t ravel on al l streets at all t imes, except a s permitted by the Eng ineer. The traffic
lanes s ha ll be maintained o n pavement, a nd s ha ll re main un obstru c ted. Detourin g
signage a round c losed segments w ill be re quired a nd shal l be included in bid ite m
pri ces for ARHM and ARAM, as app licable.
SP-16
C learances from traffic la nes s hal l be 1.5 (5 feet) to t he ed ge of any excava ti o n and
0 .60 me ters (2 feet) to the fa ce of the c urb , po le, barricade, de lin eator, or o ther ve1t ic al
o bst ru ction.
One 1.2 me ters (4 fee t) w ide pave d pedestrian wa lkway sha ll be ma in ta ined in th e
pa rkway area o n each s id e of a ll st reets. T he c leara nce fr om t he pedestri a n wa lkway to
a ny traffi c lan e sha ll be 1.5 me ters (5 feet).
7 -10 .3 Street C los ures, Detours, Barri ca des . Sub secti o n 7-10.3 of the Standard
Specifi ca ti o ns is ame nd ed by add in g th ere to th e fo ll ow in g :
Stree t d isc losure s w i ll no t be a ll owed except as s pe c ific a lly pe rmi tted by th e Eng in eer.
The Co ntractor sha ll prepa re any traffic co ntrol o r detour p la ns th a t may be required by
the Eng ineer.
Lane tra nsition s s ha ll co nfo rm to th e Ca ltrans T ra ffi c Manual , Sec ti o n 5 -08.4,
"T ra nsitio n A rea:'
Temporary traffi c c ha nn e li za t io n sha ll be accompli shed w ith barricades or de lin eato rs.
Temp o ra ry stripin g w ill no t be a llowed un less s pecifi ca ll y pe rm itted by th e Engi neer.
T he Co ntracto r s ha ll prepare a ny plans that may be requ ired fo r temporary stri pi ng to
th e sati s fact io n of the Eng in eer. In no event w ill te mp o ra ry str ipin g be a ll owed o n
fini she d pa veme nt s urface s whi ch a re to remain .
T he cont rac tor sha ll sc hedul e a n e mp loyee to po lic e th e tempo ra ry de lin eato rs a nd
ba rri cades w ith in t he trave l way during weekday , nonwo rkin g ho ur s and ove r
Sa turd ays , Sundays, a nd ho li days. Any co rrecti ve work requ ired to be done by Age ncy
fo rces s ha ll be ba ck c harged to he Co nt rac to r based on th e ac tua l cost s, pl us Agenc y
ove rh ead a nd wi thh e ld from the fin a l payment.
7-1 0 .5 Protect ion of the Pu b! ic. Su bsecti o n 7 -1 0.5 is here by added to ection 7 of th e
Sta nd a rd S pecificati o ns as fo ll ows:
It is pa rt of th e service required of the Cont ra c to r to ma ke whatever provis io ns are
necess ary to protect t he public. Th e Co ntractor s ha ll use fo re sight a nd s ha ll take s uc h
ste ps and precauti o ns as hi s o pe rati o ns wa rr a nt to pro tect t he pub ! ic fro m danger, loss
o f I ife or loss o f pro pe rt y, whi c h wo uld resul t from interrupti o n o r co nta min at io n of
public wate r s uppl y, in te rrupti o n o f o th e r publi c serv ice, o r from t he fa ilure of partl y
compl e te work o r pa tti a ll y rem oved faci liti es. Unu s ual co ndi t ions ma y a ri se o n th e
wo rk whi ch w ill requ ire t hat immediate a nd unu sual provi sions be mad e to pro tec t th e
publi c fro m danger or loss, or damage to lie a nd propert y, du e directly o r indirectly to
prosec uti on of wo rk und e r t hi s contract.
Whe never, o n th e o pini on o f the E ng ineer, a n eme rgency ex ists aga in s t wh ic h th e
Co ntractor has not taken suffici ent preca uti o n for the pub lic sa fety protection of
utilities and protectio n o f adj acent structures or property, whi ch may be damaged by
the Co ntractor 's opera ti ons a nd whe n, in th e op ini on of the E ng in ee r, imm ediate action
s ha ll be co ns id ered necessa ry in o rde r to pro tect the pub li c or popery due to the
Co ntracto r's ope ra ti on s und e r thi s co ntrac t, th e E ng ineer w ill order th e Contractor to
prov id e a remedy for th e un sa fe cond iti on. If th e Contracto r fa il s to act on the s ituation
SP-17
w ithin a reasonabl e time p e ri o d, the E ng inee r may provid e suitab le p rotectio n to said
interests by cau s in g s uch work to be done a nd ma teria l to be furni s hed as, in the
opinion of the E ng in eer, may seem reason a bl e and n ecessary .
The cost and expen se of sa id la bor a nd m a terial , togeth e r w ith the cost and ex pe nse of
s uc h repa irs as a r e d eemed necessary, s hall b e bo rn e by the Contracto r. A ll expen ses
in curred by th e AGENCY fo r e me rgency re pa irs w ill be d e ducted from the progress
p ayments a nd the fin a l paym e nt due to th e Contractor. However, if th e AGENCY does
no t take s uc h remed ia l m ea s ures, th e Contracto r is not re li eved o f th e full res ponsibi.lity
for public safety.
7-15 RECYCUNG OF MATERIALS
Subsection 7 -1 5 is he re by added to the Standard Specificatio ns.
7-15.1 Contracto r 's Obli gati o n . Recyc ling o f Aspha lt Conc rete, P ort la nd Cem e nt
Con c re te, Aggregate B ase, a nd Green Waste (trees a nd shrubs) a re required. A ll
recyc led m a terials s hall be we ig h ed o n a ce rt ified weig h sca le w ith we igh ticke ts
showing proj ect na me. RECORDS OF Dl S POSAL, INCLUDING WE IG HT OF
MA TER1ALS, SH ALL BE SUBMJTTED TO T H E AGENCY ON A MONTHLY
BASIS.
The Contractor is o bli gated, unde r t hi s contract, to recycl e the was te material th ro ug h
a n approved recycling plant.
Payment for recycl in g of mate ri al s s ha ll be in c lu ded in th e unit pri ce fo r othe r ite m s of
work . No additi o na l p ayment w ill b e m ade o f recyc lin g of mate rial s.
8 . FACILITIES FOR AGENCY PERSONNEL
No fi e ld office s for AGENCY pe rsonne l s hall be re quired, however, the AGENCY personne l
sha ll have th e ri g ht to e nters upo n th e proj ect a t a ll times a nd s ha ll be a dmitte d to t he offi ces of
th e Contracto r is so provide by e h Contracto r for h is own pe rsonn e l.
9. MEASUREMENT AND PAYMENT
9-3.1 PAYM EN T
9 -3 .2 Partia l a nd F ina l Pay ment. The te xt of S ubsectio n 9-3.2 of the Standard
Specification is he re by deleted a nd re pl aced with th e fo ll owin g :
The c losure date for th e purpose of making partia l prog ress payme nts wi II be the la st day of each
mo nth . T he Contractor s ha ll prepare the approximate m easureme nt of t he work performe d
thro ug h th e clos ure da te a nd s ubm it it to th e AGENCY for approva l by the l Oth day o f the
f o ll ow in g month.
Whe n the work is complete, th e En g in eer w ith d e termine t he fin a l qua ntities o f the work
p e r formed a nd prepa re th e final progress p aym e n t re po rt.
P ayme nts a re commonly a uth o ri zed a nd mad e w ithin 30 days following th e 1 0 1h day of the
month s ubmitted. H owever , payme nts wi ll be withh e ld pend in g receipt of a n y outsta nding
SP-18
report s re quire d by the contract d ocume nts. ln a dditio n, th e fin a l progress paym e nt w ill no t be
re leased until the Con tracto r return s th e cont r o l set o f Pla ns a nd S pecifi cati o ns sh owin g the a s-
built conditi o ns.
A full I 0 -pe rce nt re te nti o n w ill be de duc te d fro m a ll progress payme nts. T he fin a l rete nti o n wi ll
be a ut ho ri zed f o r fin a l payme nt 35 days a fte r th e d a te o r reco rd a ti o n of th e Notice of
Com p le ti o n.
The Contract o r, however, m ay re cei ve inte re s t o n the re ta ine d a mo unt, o r receive th e reta in ed
a m o unt it self so lo ng as t he securities e qui va le nt to t he re ta in e d a m o unts ate s ubs t itu te d w ith
e scrow ho ld e r approved b y th e AGENCY .
A t t he re que s t and expens e of th e Con t ractor, reta in ed a m o unts o r securiti e s e qui va le nt to the
re ta in e d a mo unts m a y be depos it e d w ith th e S tate T reasu re r o r a S ta te o r Fed e ra ll y c h a rte red
ba nk a pproved by th e A g ency as th e e s crow agent, w ho sha ll re turn suc h m o ni e s o r secu r it ie s to
th e C o nt racto r upo n sa ti s fa c tory comple ti o n of th e Contract.
ecuriti es e li g ibl e fo r inve s tm e nt s ha ll include th ose li sted in Secti o n 16430 of th e S ta te
Go vernme nt Cod e or ban k or ha vin g a nd loan certifi cated of depo s it, inte re st bea rin g d e mand
dep o s it accounts, and sta ndby le tte rs of c redit.
A ny escro w a g reem e nt e nte red into s ha ll conta in th e f o ll owin g prOV ISIOns and sha ll be
s ubstantia ll y s imil a r to th e f o rm "Escrow Agreem e nt fo r Security D e pos its" in li e u of rete nti o n
a s con ta in e d in Sec ti o n 4 590 o f C h a pte r 13 o f Divi s io n 5 T itl e I of th e G o ve rnme nt Cod e .
9-3 .2.1 C la im s . Procedures fo r fina l payment a re he re b y s upp le me nte d by C a ltrans
Standard S pec ifi cat io n s, S ubsecti o n 9 -1.0 7 B , Fina l Pa y me nt a nd C la im s, a nd
S ubsecti o ns 9 -1 .03 C , 9-1.04, a nd 9 -1.09 w he re they a re refere nc e d fro m as th ey p e rta in
to Subsectio n 9 -1 .078. Re fe re n ces o rig in a tin g in S ubsecti o n 9 -1 .078 to S ubsecti o n s 4-
1.03, 8-1.06, 8 -1.07, 9 -1.03A, a nd 8-1.10 s ha ll re f e r to S ubsecti o n s 3 -4 , 6 -7 , 6 -6,3 -3,
a nd 5 -5 respective ly o f the S ta nda rd S pecifi cati o ns . Wh e re Directo r De puty Director,
D istr ict o r State o re re fe re nced , it s h a ll mean A gency.
9-3.2.2 Alte rn at ive Di s pute Re so lution . Afte r s ubmitta l of th e pro po s ed fin a l e stimate
to the Contractor, a meetin g s h a ll b e he ld pro mptly be t ween Contracto r a nd A gency,
a tte nde d by the indi v idual s w ith dec is io n-ma king a uth o rity regardin g t he di spute, to
a ttempt in good fa ith to negot ia te a resoluti o n o f c la im s a ri s in g und e r o r re lated to
pe rforma n ce o f th e co nt ra c t.
I f , w ithin 30 d a ys a ft e r s uc h m eeting , t he parties have no t s ucceed ed in n egot ia ting a
resolution o f the c la im s , th ey w ill jointl y appo in t a mutua ll y acceptabl e n e utral person
not affi li a te d w ith e it he r o f the pa rti e s (the "ne u tra l"). Tf th ey have been unable to
agree upo n s uc h a ppo intme nt w ithin 40 day s fro m th e ini t ia l m eetin g , th e p a rties s h a ll
seek assista nce in findin g a mu t ua ll y acceptable ne ut ra l. If the parties are unable t o
agree on a neutral, eith e r p arty m ay r e quest that the presiding judge of the
S uperio r Court w hi c h would h ave jurisd ic tion of the matte r if a suit were filed , t o
appo int the n e utra l. T he fees of th e ne utral s hall be s ha red e qu a ll y b y th e parties.
ln cons ultat io n w ith the ne utra l, th e p a rties w ill se lect or d evise a n a lte rn a ti ve di spute
reso luti o n p rocedure ("ADR") by w h ich they will attempt to resolv e th e di s pute , and, if
the parti es are un a b le to agre e o n s uch m a tte rs w ithin 2 0 d ays a fte r the initia l
SP-1 9
consul ta ti o n with ne utr a l, th e proced ure , tim e , and pl ac e fo r the ADR to be he ld w ill
be dec ided by th e ne ut ra l. Unl ess c irc um stan ces req uire o th e rw ise, th e ADR shall be
he ld not late r t ha n 60 d ays a ft e r selecti o n o f the ne utra l.
Th e parti es agree to pa rticipa te in good fa ith in the A DR to it s co nc lu sio n as designa ted
by th e ne utra l. If th e pa rti es a re no t s uccessful in reso lvin g th e di s pute thro ugh th e
ADR, the n th e pa rties ma y agree to s ubmi t th e matt er bin d in g arbitrat io n, o r a private
adjudi cato r, o r eithe r pa rt y may see k a n a djudi ca ted reso luti on thro ug h th e appro pri ate
co urt.
9-3 .3 De livered Ma te ri a ls . Mate ri a ls and equipm e nt de li ve red but no t in co rpora ted into
wo rk will not be in c lud ed in th e es tim a te fo r progress pa rti a l pay me nt.
The fo ll owin g s ub secti o n is he re by a dded to Section 9 of th e Sta nd a rd Spec ifica ti o ns:
9-3.5 Fin a l Pay Qua ntit ies. Wh en th e est im a ted qu a ntiti es for a s pec ifi c porti o n of t he wo rk
a re des ig ned in th e bi d sc hed ul e by th e lette r (F) as fi na l payme nt qu ant ities, sa id estimate d
q ua ntiti es s ha ll be th e fi na l qu a nt it ies fo r whi ch payme nt fo r s uch spec ifi c po rt ion of t he wo rk
wi ll be made un less th e d im e nsio ns o f said port ion s of th e wo rk show n o n th e pl a ns a re rev ised
by th e Eng in ee r. I f s uc h d ime ns io ns a re rev ised a nd s uch rev isio ns res ult in a n in c rease o r
decrease in the quantities of suc h wo rk, the fin a l qu a ntiti es for p ayme nt w i II be rev ised in the
a mo unt represented by th e c ha nges in th e dim e ns ion s. Th e estim a te d qu a ntiti es fo r suc h
s pecifi e d portion o f th e work sha ll be co ns id ered as approx im ate ly o n ly, a nd no g ua ra ntee is
made that th e quantiti es whi c h ca n be de te rmin ed by co mputati o ns is mad e based o n th e detail s
a nd dimen s io ns s hown on th e pla ns w ill eq ua l th e estim ated qu a nt itie s. No a llowa nce do not
equ a l th e estimated qu a ntiti es .
SP-2 0
SPECIAL PROVISIONS
PART2
SIGNING, STRIPING, AND PAVEMENT MARKERS
A ll equipme nt , materia ls, a nd compo ne nt s for s ig ning a nd s tripin g, an d th e install ati o n thereof, sh a ll
confo rm to th e Ca ltrans Sta nda rd Pl a ns an d Standard Spec ifi catio ns, Sect ion 56, "Sign s" a nd Sectio n 84 ,
"T raffic Stripes and Paveme nt Markings," dated Jul y 1995 , except as noted in the Spec ia l Provis io ns and
o n th e Pl ans. T hese plans and s pec ificat ions are he re inafter referred to as State Sta ndard Pl a ns a nd State
Standard Specificati o ns . Co pi es of these docum e nts a re ava i lable f ro m th e Ca ltra ns, Di stri ct 7 office at
120 So uth S pring Stree t, Los Ange les, Ca li fo rni a 900 12 or fro m Cal tt·a ns, 6002 Fo lso m Bo ul evard,
Sacra me nt o, Ca lifo rni a 95819, a nd (9 16) 445-3520.
A ll materi a ls required for th e completio n of work shown o n t he pla ns s ha ll be prov id ed by the Contractor.
SECTION 56 -S IG NS
56-2 ROAD S IDE S I GNS
56-2.0 3 Cons tru c ti o n . R e located s ig n s s h all be ins ta ll ed u s in g ex1s tmg posts at n ew
locati o n s and sh all be set at a minimum 762 mm (30 in ch) de pth and at a minimum 304 .8 mm
( 12 inch) s quare PCC. T he post depth of th e concrete foot in g s hall be s uffic ie nt to ext end at
leas t 152.4 mm (6 i nc hes) be low t he bo ttom of the pos ts . 6.34 mm (W' inch) expansion
paper s ha ll be placed between the s ign foundat io n and s id ewalk.
New s ig ns s ha ll be i n s ta ll ed u s ing m e ta l posts set at a minimum of 762 nun (3 0 inch) depth
in a minimum 304.8 (12 in ch) s quare P CC, except as specifi ed o the rw ise, the metal post
s hall be Schedule 40, ga lvani zed stee l pipe w ith a 73.0 mm (2.875 in c h) out s ide diamete r
and a 62.7 mm (2.469 inch) in s id e diameter. The length of th e m e ta l p ost s hall be s uffi c i ent
to extend fro m t he top of th e s ign to 762 (30 inches) b elow the top of the concre te footi ng
and provide a 02.1 m (7 foo t) c le arance between t he finished grad e a nd the bo ttom of the
s ig n. The depth of the conc re te foot in gs s h a ll be s ufficient to extend a t least 152.4 rnm (6
inc h es) below the bottom of t he pos t s. 6.35 nun (114 " inc h) expansio n pape r s ha ll be placed
between the s ign foundation and s id e wal k.
Maker a nd de lin eato rs s ha ll confo rm to th e provisio n in Sect ion 82 , "Marke rs a nd D e lineators."
56-2.06 Pay me nt. Pay me nt fo r s ign in g sha ll be in c lud ed in th e lum p-s um bid price for s ign in g
and strip in g , a nd no addi ti o na l compe nsa ti on w ill be a ll owed therefore .
SECTION 84 -TRAFFIC STRIPES AND PAVEMENT MARKERS
84-1 GENERAL
84-1.0 I Descriptio n. T raffic s trip es, pavement m a rk ings, and cu rb markings s ha ll be pa in ted
unl ess othe rw ise s hown o n the pl a ns . Contracto r s ha ll re pa int a ny c urb markings re moved by
cons tru c ti o n unde r thi s contrac t.
84-1.02 Co ntro l of A li g nm e nt a nd La yo ut . T he Co ntt·acto r shall furni s h th e nece ssary contro l
po ints fo r a ll st ripin g and mark in gs, a nd s ha ll be respo ns ibl e for t he compl ete ness a nd accuracy th e reof
to th e sa ti sfactio n of th e Eng in eer.
SP-2 1
The Contrac to r s hall e sta bli sh a ll t ra ffi c striping betwe e n t hese po ints by s tring lin e or oth e r m e th o d to
prov ide striping that will vary less tha n 12.7 mm (50 feet) fro m th e sp eci fi e d a li g nme nt.
Whe n no previo u s ly appli ed fi gures, m a rkings, o r t raffic stripin g a r e ava il a bl e to serve as a g uide,
suita bl e layouts s ha ll b e s p o tte d in adva nce o f th e p e rm a ne nt p a int ap pli ca ti o n. Traffi c lin es may be
spo tted by us in g a rope as a g u ide fo r marking s pots eve ry I .5 m (5 feet), by u s in g a ma rkin g w h eel
m o unted o n a ve hicl e, o r by a ny o th e r me ans sati sfacto ry to the E ng in eer.
The Contracto r shall m a rk o r o th e r w ise d e lin eate th e t ra ffic la nes in t he new road way o r portion o f th e
road way, o r d e to ur be fore o pe nin g it to traffi c.
The Contracto r s ha ll prov ide an expe ri e n ced technic ian to s upe rv ise the locati o n, a li gn m e nt, layo ut,
dime n s io ns, a nd a pplicati o n o f t he paint.
S po tting sh a ll be comple ted prior to t he re m oval of a ny ex is tin g strip es. Ex is tin g s trip es a nd ma rkings
shall be re moved prio r to p a inti ng new stripe d a n d markin gs, but in no case s ha ll a ny secti o n of street
be left w it ho ut th e proper stri p in g fo r m o re tha n 24 h o urs, o r ove r weeke nds and ho l idays.
Pave me nt legends shall confo rm to the A gen cy's st e nc ils.
Existing Traffi c s tripes (in c luding ra ised p avem e nt m arkers), p avem e n t legends, a nd ma rk ings th at d o
no t confo nn to t he plans s ha ll be re m o ve d by wet sa ndblasting per Sectio n 15 -202C, "P avem e nt
M a rke rs," o f t he Sta te Sta nd a rd Specifi c a ti o ns .
83 -3 PAINTED TRAFFIC S TRIPES AND PAVE MENT MARKINGS
84-3 .02 Mate ria ls . Paint fo r t raffic striping, s ha ll be rapid dry. Paint fo r c rosswa lks, stop bars, a r rows
o the r pavem e nt legend s a n d c urb m a rkings s ha ll be r ead y-mix ra p id dry type.
R eady m ixed p a ints s ha ll be su itable fo r use o n w ith e r aspha lt conc rete o r P o rtland ceme n t con c r e te .
84-3 .05 Appli c ati o n. P a in t s ha ll be a ppli ed in three (3 ) coats. Eac h coat shall be appli ed n o
less t h a n 24 ho urs fro m a p p li cati o n o f each previous coat.
Insta ll at io n of tra ffic s tripes in c lud es pl aceme n t of ra ised p avem e nt marke rs w he n call ed fo r o n the
plans.
Ra ised pavemen t m a rkers sha ll confo rm to Section 8 5 "Pavement M a r ke r s."
Adhes ive fo r ra ised p ave me nt markers s hall be p e r Secti o n 8 5-1.06, "Pl acem e nt."
84.3 .07. P aym e nt. P aym e n t fo r t raffi c stri p ing , pavem e n t m a rk ings, p ave me nt m a rke rs , curb
mark ings, a nd h o u se numbers s ha ll be in c luded in the lump-s um p r ice b id fo r s ig ning a n d stripin g, a nd
n o a d d iti o n a l compe nsati o ns w ill be a ll o w e d .
S P-22
TECHNICAL SPECIFI CATIONS
S PE CIFICATIO NS
The wo rk to be d one shal l be perfo rm ed o r exec ut e d on accorda nce w ith th ese Specia l
Pr ov is ions a nd t he "Sta nda rd Spec ifi ca ti ons fo r P ubli c Wo rk s Co nstructio n", 2000 Ed it ion
(w ith a ll sup pleme nt s), he re in afte r re fe rred to as the Sta nd a rd Spec ifica ti o ns. T he Sta nd a rd
Specifi cati o ns a re pub li shed by Buildin g News, Inc ., 3055 Ove rl and Ave nu e, Los Ange les ,
Ca lifo rni a 9003 4 and are in c lud ed by re fe re nce o n ly.
ADDEN DA
T he Engin eer may, with o ut C ity Co unc il ap prova l, issue add e nd a to th e co nt ract docum e nts
du r ing th e pe ri o d of ad ve rt is ing fo r bid s for th e pu rpose o f: (a) revi sing preva ilin g wage
sca le s or (b) c lari fy in g o r correcti ng S pec ia l Prov is io ns, P la ns o r Bi d Proposa l; prov ided th a t
a ny such adde nd a do no t change t he o ri g ina l sco pe a nd inte nt ofthe project.
Pu rc hasers of co ntrac t documents w il l be noti fie d and furni shed copies of suc h addenda,
w ithe r by certifi ed ma il or pe rso na l delive ry, du r in g t he pe ri od of ad ve rti s ing.
TJME LIMIT AN D NOT ICE TO P RO CEED
A ll wo rk sha ll be co mp leted w ithin Thirty (30) wo rkin g days. A move-in pe ri od of 15
ca le nd a r days w ill be a llowed sta rtin g o n th e date i n th e Notice to Proceed . Th e co un t in g of
wo rkin g days sha ll sta rt on t he date the Co ntrac to r e lec ts to start wo rk o r th e las t d ay of th e
move-in pe ri od, whi cheve r occurs firs t. T he Con tracto r sha ll util ize th e move-in per iod to
e nsu re th at all mate ri al s requ ired fo r t he project wi ll be ava ila ble fo r the sc hedu led wo rk. o
addit io na l workin g days w ill be a ll owe d fo r materia l d elay once th e Co ntrac tor comm ences
wo rk. The co nt rac to r sha ll noti fy th e Engi neer a t least 6 wo rk ing days prior to the sta rt of
wo rk.
Noth ing in this sect ion wil l relieve th e Co nt ractor of its o b liga tio ns re la t ive to startin g wo rk
a s requi red elsewhe re in th ese s pecifi ca tio ns .
C HANCES I N THE W ORK
Subsecti on 3-2 .1 of t he Sta nd a rd S pec ifi catio ns is s upp le me nted by th e fo ll ow ing:
Notwith sta ndin g th e limitati o ns imposed by thi s Subsec ti on, th e Eng in eer may,
w ith o ut City Co unci l ap prova l, o rd e r c ha nges in the wo rk w hi c h inc rease th e co ntrac t
cost by not mo re th an $5,000 .00 .
T S-1
--·------------------------------------------------
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
A ll bidde rs w ill be re quired to s ubm it in fo rmati o n as to their industrial sa fety record on th e form prov ided
in the Bid Prop osal. A revie w o f thi s safe ty record w ill be made prio r to a determina tion of t he lowest
re sponsibl e bidde r, a nd an adverse findin g as to th e bidde r 's safety reco rd o r any bid s ubmitte d w hich does
no t conta in the Contractor 's I nd us tri a l Safety Record , fill e d o ut a nd s ig ned by th e Contracto r, may be
s uffici e nt cause for rejection of the bid.
CONSTRUCTION SCHEDULE
In accorda nce w ith s ubsecti o n 6-1 o f t he S tanda rd Specificatio ns, the Contra c to r s ha ll s u b mit a w ritten
proposed constructio n sc hedul e t o th e E n g in eer pri o r to th e s tart o f any work.
ESTIMATED Q UANTITIES
T he estim ated qua n t iti es o f w ork a nd m ateri a ls to be performed , cons tructed o r furn is h ed b y th e Contracto r
unde r th ese s pecifi catio ns are li s ted in the b id sc he dul e on 13 thru 2 7:
WITHHELD CONTRACT FUNDS
Purs uant to secti o n 4 590 of th e Government Code, th e Contr actor at its own expe nse may depos it securities
pledged in fa vor of the Agency with a s tate or federall y chartered bank a s th e escrow age nt.
The acceptable securities are th ose I isted in Section 16430 of t he Governmen t Code o r ba nk or sav ings and
loa n certificates of d e p osit.
The a mount of securities to be d e p osited s ha ll be equi va lent to the m axi mum amo unt p e rmitted to b e
w ithh e ld as sp ecifi ed in Subsectio n 9 -3.2 o f th e S tandard Sp ecificatio ns . Forma l acceptance of the project
by th e A gency te rminates the Agency's in terest in th e securiti es.
PUBLIC CONVENIENCE AND SAFETY
In additio n to the r eq uireme nts of S ubsection 7-I 0 of th e S tanda rd Specificat io ns a nd the S ta ndard S p ec ia l
Provis ions th e Contracto r s ha ll m a in ta in access to al l a dj acent properti es. Furth e rm o re thi s S ubsection is
a m e nd e d and s upple me nted by the fo ll ow in g parag raph s :
DETOUR
In n o case sha ll traffic be di verted from the e x is tin g trave led way w ith o ut prio r approva l of the
Engineer.
TRAFFIC FLOW
In o rd er to fac ilita te the fl ow of traffic during the contractu a l perio d , the Agency reser ves t he ri g ht
to extend the limits of th e p roj ect to in c lud e any a reas w h e re s ig ning and delineatin g is deemed
necessary by the Engineer.
Fu ll compensati o n for comply in g wi th the above req uirements s ha ll be con s id e red as inc lud ed 111 the
va rious items o f wo rk unless othe r w ise s pec ified above.
TS-2
N.P.S.E.S. COMPLIANCE
A ll catc h b as in s . stonn drains a nd na tu ra l wate rw a ys mus t be kept clean of a ny a nd a l l construc ti o n d e bri s .
Const ru c ti o n de b ris in c ludes, but is not limite d to : asph a lt, s lurry, conc rete, conc rete wash wa ter, tras h,
vege ta ti o n , d iet, a nd an y o the r s u bstance o th e r tha n s to rm wate r. The Contracto r s h a ll use B MPs identifi e d
in t h e B est Managem e nt Practi ce H a nd boo k, Ca li forn ia Stormwa te r Qua li ty Tack Fo rce, Sacra me nto,
Ca lifo rni a 1993 to p ro tect these water co urses. The Co ntracto r s ha ll keep th e con s tru c ti o n s ite c lean as t o
no t pro m ote the tra ns p o rtati o n of d e bri s fo rm the s ite to th e satisfact io n o f th e C ity re presenta ti ve.
PROJECT COORDINATION AND NOTIFICATION REQIREMENTS
Notification of this project to these agencies must be in writing with proof of le tter g ive n to the C ity
and they s hall b e invited by the C ontractor to a pre-construction meetin g a nd provided a wo rk
sc hedule:
Temple City Unifie d School District
9516 Longden Avenue
Temple City, Cal[forn ia 91 780
(626) 285-2 1 11
Los Angeles County Sheriffs Department, Temp le Statio n
8838 E. Las Tunas D rive
Te mple City, Cal{fornia 9 1 780
(626) 285-7171
Los Angeles Co unty F ire Department, S tation 4 7
59-16 N. Kauffman Avenue
Temple City, Ca l[fornia 91 780
(626) 287-952 1
Coordin a ti o n w it h th e C ity 's exist ing services s ha ll be as fo ll ows:
RE FUSE R OUTE SCH E DULE
T he Contrac to r s h a l l a cco mmo date a n d coo rd in a te w ith th e C ity's refu se pi c k-up se rv ice o n M o nd a y s,
T uesd ays, We dnesdays, Thursdays, a nd F rid a y s in th e proj ect a rea.
ATH ENS SER V ICES
STR EET S W EEPE R ROUTE SCH E D ULE
T he Contracto r s ha ll acco mmo d ate a nd coord in a te w it h th e C ity's street sweeping serv ice o n M o ndays,
Tuesd ays, We dnesdays, Thursdays, a nd F ri days in th e p roj ect a rea.
A TH ENS SER VJCES
UT ILITI ES
Secti o n 5 of t he S tandard Spec ific a ti ons is s uppl e m e nted a nd a mend e d by th e fo ll owing prov is io ns:
T S-3
T he fir st paragraph of S ubsectio n 5-l is revised to read :
Known u nderg ro und utilities a re ide ntifie d in t he Specia l Prov is io n s o r o n the Pla ns a nd w ill be
m a r ked o n the proj ect s ite prior to con s tru ction in accord a nce w it h the re quire me nts of Sectio n
4 2 15 of t he Governm e nt Code.
Th e Contractor wi ll n ot be assessed li q uidated d a mages for d e lay in comple ti o n of th e proj ect, when s uch
d e lay is cau sed by fa ilure o f th e Agency of t he own e r of a uti lity t o prov ide fo r re m ova l o r re locati o n of
ex isting ut jl ity fac ili t ies. N otwit hs ta nding t he p rov is ions in S ubsecti o n 5 -5 a nd 6-6.3 o f the S ta nd a rd
S p ec ifi catio ns re la ti ve to p aym e nt to t he Contracto r fo r actua l loss d ue to u tili ty d e lay; t he Con t racto r w ill
b e e ntitle d to a n extens io n o f time as p rovid e d in S u bsecti o n 6-6 b ut w ill not be ent it led to a n y oth e r
compensation fo r s uc h d e lay.
LOCATION AND PROTECTION OF UNDERGROUND H AZE RDOU S UTILITIES
T h e Contractor is he re by n o tifi ed t hat, as call ed o ut in t hese S pecia l Provis io n s, th e re a r e unde rground
utili t ies w it hin the cons truc ti o n a rea, w hi c h m ay be p o te nt ia ll y hazard o u s if da m aged . A hazar do u s
s ubstance s h a ll be defi ne d as one havi ng t he p o te nti a l for a n immed ia te d is aster , suc h as, bu t n ot lim ited t o
gaso line, e lectri c ity, f ue l o il , buta n e , p ro pa ne natura l gas, c hl orin e, o r o th e r c he mi cals.
A ba ndo ne d o r inoper a ti ve utiliti es designed to carry h aza rd o u s s u bsta nces a nd unid e ntifi ed or unknown
u t ili t ies s ha ll be co ns ide re d h azard o us unt il de te rmin e d othe rw ise. Whe never t he Contra c to r is di rected b y
the E ng ineer in t h is work a nd p aymen t therefore w ill be mad e u nd e r "Extra Wor k".
D u ring a ll excavati o n a nd t re nc hing o pe ra ti o n s, the Contracto r w ill be require d to exerc ise extre m e
p reca uti o n and p ro tect t hese utili t ies from d a m age. A t least 4 8 ho urs pri or to a ny excavation in the
p rox imi ty of these lin es, the Con tractor s ha ll re qu est the owne rs o f these ut iliti es, a t t he own er's cost , t o
accura te ly d e te rm ine th e locati o n s an d d epth of the ir p otenti a ll y haza rdo us lin es as f o ll ows:
I. The Contracto r s ha ll not t re nc h o r excavate w it h in th e area w here a utility kn own to carry a
h azardous s u bstance exists unti I its owner is p resent a nd its locatio ns h as been determine d
by th e poth o ling of othe r proven m ethods acceptable to t he Eng in eer. The in te rva ls
between po th o les o f location points s ha ll b e s uf fi c ie nt to d etermine the exact locat ion of the
lin e a nd sh a ll n o t exceed th e di s ta n ce set forth as fo ll ows:
a. Excavati o n fo r hi g hway o r street cons truc ti o n .
T he utility s ha ll be locat e d a t inter va ls n ot g reate r than 25 ' f or lin es up t o 8" in
dia m e te r, 50' fo r lin es of 8" to 24' in d ia m e te r a nd I 00 ' for lines g reater t ha n 24" i n
di a m eter .
b . T re nc h excavation .
(1) Lon g itudina lutilitie s
A ll L o n g it ud a l utili ties
A ll Lo ng ituda l utiliti es in the s treet s ha ll b e located a t i n te r va ls not greate r than 500 '. If
d e te rmine d to be w it hin 6 ' o f a ny excavation, it s ha ll be locate d a t in te rva ls no t g r eate r t ha n
TS-4
I 00 '. If less located at int e rval s not grea te r th a n I 00 '. If less th a n 3' fro m a ny excava ti o n,
the uti lity shall be loca ted a t interva ls not g reate r than 25' for line s up to a 8 ' in a diameter,
50' for lin es of 8" to 24'' in d iameter a nd I 00 fo r li nes greater than 24" in diameter.
(2) Traverse uti li t ies
If th e loca tion of th e uti lity is above the contra ct faci lity be ing insta lled , it shall be c a refu ll y
expose d by it s owner and pr otected by the Co nt racto r in a ma nner sa ti s fact o ry to th e ow ner
prio r to tre nc hin g o r ot he r excav a ti o n. If the c leara nce exceeds t he minim um spec ified
be low, it need only be loca ted.
c. C learan ce
If it is de te rmin ed t ha t the ho ri zonta l o r ve rti ca l c leara nce betwee n th e utility known
t o carry hazardou s s ub sta nces a nd th e construction limit is less th a n 12" (18" if
scari fy in g) the Co ntra ctor sha ll confer w it h its owner. Un less th e owne r e lects to
re locate the lin e or take it out of se rvice, th e Co ntracto r sha ll not excava te until the
li ne has been comp le te ly exposed by its owner w ithin th e lim its of co ns tru ct ion.
2. Once the p hys ica l loca ti o n of the utili ty known to carry ha za rd o us s ub sta nces has bee n
determined, the Co ntractor, in cooperation with and w ith th e conc urrence of th e uti li ty
owne r, s ha ll determin e how to protec t and/or s uppo rt t he ut il ity from dam age befo re
proceed in g wit h th is work. T he owne r of t he uti lit y has the ri ght, howeve r, to s upport
a nd/o r protect it 's uti lity at t he so le ex pe nse o f t he Co ntra ctor.
3. The Co ntracto r s ha ll notify the contracting age ncy, the publi c age ncy mainta in in g record s
fo r that j urisdicti o n and the own e r, if kn own, whenever pre vio usly un ide ntified o r unknown
undergrou nd uti liti es are e ncountered so that the location can be acc urate ly es tablished and
made a pa 11 of the pe rm ane nt s ub structure record s.
Full co mp e nsat io n for complyi ng with th e above req uire me nt s s ha ll be consid e red as inc lud ed 1n the
applicable bid it e m (s) of work except as othe rwi se s pecified above.
CITY EQUAL EMPLOYMENT OPPORTUNI TY CEE O) PROVI SIONS
I. PLA N FOR EQUAL EMPLOYM ENT OPPORT UN ITY
Th e fo ll ow ing provi sion s perta inin g to equa l emp loyment oppo rtunity are incorpo rated in to t hi s
contract. Jn con nection w ith pe rfo rmance of work under thi s contract, the Contractor agrees as
fo l lows:
a. The Co ntracto r will not di sc ri minate against any employee o r appl icant for e mp loyme nt
because of race , color, sex, re li gion , ancestry, or nati onal origi n. The Co ntractor w ill ta ke
affirmative acti o n to e ns ure t hat a pp lica nt s are employed , and the employees are treated
during employme nt , with o ut re ga rd to race, color, sex, re l ig ion, a ncest ry, o r nati o na l origi n.
Such actio n shall in c lud e, but not be lim ited to , the fo ll ow ing: employment, up g rad ing,
advertising; and se le cti o n fo r t rai n in g, inc luding apprent iceship where app licabl e.
TS-5
b. In a ll adverti se me nts fo r la bo r o r oth e r pe rso nn e l, o r re qu ests fo r e mploy ment of any nature,
the Co ntrac to r s ha ll sta te th at all qual ifi e d appli ca nts w i II rece ive cons iderat io n fo r
e mpl oyme nt w ith o ut rega rd to race, co lo r, sex, re li g ion, a ncestry, o r nati ona l ori g in.
c. In a ll hirin g, th e Co ntracto r s ha ll ma ke every effo rt to hi re q ua lifi ed wo rke rs form all races
a nd ethni c g ro up s.
d. T he co ntracto r s ha ll be respo nsibl e for th e co mpil ati o n of reco rds of th e et hn ic d ist ributi o n
of th e e ntire proj ec t work force o n forms f urni shed by th e Age ncy. Sa id forms, indi catin g
th e ethni c di stributi o n of ma n-h o ur s of wo rk w ithin th e va ri o us c rafts a nd trades, s ha ll be
fi led by the Co ntractor w ith th e Agen cy eve ry 3 0 d ays .
e . T he Co ntractor sha ll se nd to eac h labo r uni on or re presentat ive of wo rke rs w ith wh ic h it has
a coll ec ti ve ba rga inin g agree menr o r o the r co ntrac t o r unde rsta nding, a noti ce, to be
prov ided by th e Age ncy, ad v is in g th e sa id labo r uni o n o r wo rke r 's re presentative of th e
Co ntrac to r's commitm e nts und e r t hi s secti o n .
f. Th e co ntracto r sha ll ma intai n a nd pe rmit access by th e Agency to reco rd s of emp loyme nt ,
empl oyme nt adve rtisem ents, a ppli ca ti on for ms a nd othe r pe rt ine nt data a nd record s of the
Co ntrac t or 's own work fo rce and th a t of th e va ri o us s ubco nt racto rs o n th e project for th e
pur pose of in vestiga t io n to asc erta in com p lia nce w ith thi s EEO section.
g. Within I 0 days a ft e r t he exec uti on of th e contrac t by the Agency, the affi rm a ti ve
co mplian ce a nd sha ll ens ure th a t each s ub co ntracto r o n t he proj ect wi ll meet th ese
require me nts w ithin ( l 0) days after receiv in g a no ti ce to proceed fr o m the Co ntracto r,
unl ess th e Age ncy prov id es fo r a g reate r tim e peri od:
(I ) F il e w ith the Age ncy a pl a n indi catin g the ste ps it w ill ta ke to e nco urage q ua lifi ed
members of m in ority group s. S uch acti on w ill
(2) in c lud e s ta te me nts rega rdin g recruitm e nt , e mployme nt, comp ensati on , promotio n,
o r de motion , a nd secti on fo r tra inin g.
(3) Provid e ev id e nce as required by the Age ncy, th at it has notifi ed in writin g a ll
subcontracto rs, th e Co ntrac tor's s up erv iso rs a nd o ther pe rso n ne l officers of th e
co nte nt o f th e EEO secti on a nd th e ir respons ibili ties un de r it.
(4) Provid e ev id e nce, as require d by th e Age ncy, that it has no tifi ed in wri tin g all
so urces o f empl oyee referra ls (incl udin g, but no t limi te d to, uni ons, e m ployme nt
agen c ies and t he State Depart me nt of Empl oy me nt Deve lopm e nt) of th e Co ntent of
thi s EEO sec ti on.
(5) Notify th e Age ncy in writing in a ny oppositi on to thi s EEO sec ti o n by ind iv id ua ls,
firm s, uni o ns or orga ni zati o n.
h. If th e A genc y has reaso n to be li eve th at th e Co nt rac tor or Sub co ntractor may ha ve
co mm itte d a vio lati on of the EEO secti on of thi s co nt ract or if th e Ca lifo rn ia Fa ir
Empl oyme nt Prac ti ce Acto r of any a ppli cabl e Fede ra l law co ncernin g equ al e mploy me nt
pr act ices o n thi s proj ect, th e Age ncy w ill ca use w ritte n notice to be se rve d o n th e
T S-6
Co ntractor or it s representative , a nd to a ny s ubcontra ctor invo lved in such vio lati o n. The
notice s ha ll set forth th e nature o f th e violatio n. Upon the Age nc y's request, the Contracto r
s hal l mee t with re presentatives of th e Age ncy in order t o determ ine t he mea ns o f co rrecting
the vio lation and the tim e period with in whi c h the vio lation shall be corrected. l f, with in 10
da ys, th e Agency may no tify t he Fa ir Empl oyme nt Prac t ices Com m iss ions and purs ue a ny
other re medi es, wh ic h may be availab le und e r the law.
1. Th e Co ntractor s ha ll in c lud e the provis io ns of th e fo regoin g parag rap hs I a. Thro ug h J h. in
every fir st t ier s ub cont ract and requ ire eac h s ub co nt ractor to bind eac h furth e r s ub co ntractor
w ith who m it has a co ntrac t to suc h prov is ion s, so that s uc h prov is io ns w ill be bin d ing
up on eac h s ubcontractor who pe rform s any o f th e wo rk req uired by t he co ntrac t.
2. ANT I-DI SCRIMINATION
a. T he Co ntra c tor certi fi es an d agrees th at a ll persons e mpl oyed by the Co ntractor its
a ffili a tes, s ub s idiarie s or ho lding co mpanies a re and w ill be treated equal ly by th e
Contractor wi th o ut rega rd to o r beca use o f race, co lor, sex , rel ig ion, a ncest ry, o r nat io nal
or ig in and in compli a nce with Stat e a nd Federa l ant i-di scriminatio n la ws. Th e Co ntractor
furt her certifi es and agree s
that it w il l dea l with its s ub co nt rac tors, bidders and ve nd o rs w ith o ut regard to o r becau se of
race, col o r, sex, religi on, ancestry or nat iona l orig in . Th e Co ntra cto r ag rees to all ow acces s
to it s emp loyment record s dur ing regu la r bus iness ho urs to ve rify compliance w ith the
forego in g prov isio ns whe n so requ es ted by t he C ity.
b. Th e Co nt ractor sp ecifica ll y recogni zes and agrees th at if th e C ity find s that a ny of the
fore go in g provi sions have be e n vio lated , th e sa me sha ll con st itute a materi a l bre ach of
co ntract up o n whi ch th e C ity may determin e to cance l, te rmin ate o r s us pend th e contract.
While the City reser ves th e right to dete rmin e individu a ll y th at t he a nt i-di sc rimination
pr ov isio ns of the co ntract have been vi o late d , in add iti on a dete rminati on by th e Ca lifo rnia
Fair Emp loyme nt Pract ices Co mmi ss io n o r th e Federa l Equ a l Emp loyment Opportunity
Co mmi ss io n th at th e Co ntractor has vio lated State or Federa l ant i-d isc riminat io n laws sha ll
co nstitute a findin g by th e C ity that th e Contracto r ha s v io lat ed th e an ti-discrimin ati o n
pr ov isions of th e contract.
c. At it s opt ion , and in li e u of cancel ing, te rmin at in g or s uspe ndin g the contract, the C ity may
imp ose dama ges for a ny vio lati on o f th e a nti-d iscr iminat io n provi s io ns of thi s section , o n
th e amou nt of $200.00 fo r each vio lation found and de te rmin ed. The C ity a nd t he
Co ntrac tor spec ifi ca ll y agree tha t t he afo resa id amou nt s hal l be impose d as l iqu ida ted
damages, and no t as a forfe it ure o r pe na lty. It is further specifi ca lly agree d that the
afo re sa id amount is pres um ed to be th e amo unt of dam ages sustained by re aso n of any such
vio lation, becau se, fro m t he ci rcum stances and the nature o f th e vi o lati on , it is
imprac ticable and extremely diffi cult to fix actual dama ge s.
SCOPE OF WO RK
Construct ion Deta ils
The wo rk to be don e in c lud es sig ning & striping on several streets in the City of Temple
C ity as s hown o n th e p la ns.
TS-7
A ll labor, mate ri a l, equipm e nt, suppli es, services, traffic contro l s ig ns . Barricades,
d e lineators, a nd flagmen a nd appurte na nt work necessary for t he sat isfacto ry completion of
t he pro posed street improvements are co n s id ered to be included in the unit prices of Bid
Items.
TS-8
Loca l Ass istance Procedures Manual Ex hi b it 15-H
DBE Information-Good Faith Effort
FEDERAL FUNDED PROJECT REQUIREMENTS
08 12-04
Page 15-9
June 29, 2012
Local Ass istan ce Pr ocedures Manual Ex hibit 15-H
DBE l nform a tion-Goo d Fa ith Effort
EX HIBJT 15-G LO CAL AGENCY BIDD ER DBE COM MITMEN T (CO NS TR UC TION CO NT RA CTS)
NOT E: PLEASE REFER TO JNSTR UC TJON S ON T H E R EV ERSE SIDE OF THIS FORM
LOCAL AGENCY: LOCA TI ON:
PROJECT DESCR IPT ION:
TOTAL CON TRA CT AMOUNT :$
BID DATE :
BIDDE R'S NAME :
CONTRACT DBE GOAL:
~ONTRACT ITEM OF WORK AND DESCRIPTION DBE CE RT NO. NAME OF EA CH DB E DOLLAR AMOUNT
ITEM NO. pR SE RVIC ES TO BE !AND EXP IRAT ION (Must be certifi ed on th e date bid s DBE
~UBCONTRACTED O R MATER IALS DATE are ope ned -inc lude DBE address
r -oBE PROV IDED (or contrac ted if the and phone number)
bidd er is a DB E)
For Loca l A gency to C omp lete:
Total Claim ed DB E $ Local Agency Co ntract Number: Partic ip ation
Federa l-aid Project Nu mber: %
Federa l Sha re :
Contract Award Dat e:
Loca l Agen cy certifies that all DBE certificati ons ha ve been verified and Signature o f Bidd er
informati on is compl ete and accurate.
Date (A rea Code) Tel. No.
Print Name Signature Date
Loc al Agen cy Represe ntati ve
'"~-~-·· ·-,..... ___ . __ . ''"''----rr •..• ---,..__:_.,
(Area Code) Te lephone Number: Loca l Age ncy Bidder DBE Comm itme nt (Constmction Contracts)
(Rev 6!26/09)
Di stri buti on: (I) Copy-Fax or sc an a copy to th e Cal trans Dis tric t Loca l Ass istan ce Eng ine er (DL AE) within 30 days of contra ct exec ut io n. Failure to send a
co py to the DLAE wi thin 30 days of co ntra ct exec uti on may res ult in de-obli gatio n of fund s for thi s project.
(2) Copy-In clude in award pa ckage to Cal trans Distri ct Loca l Ass istance
(3) Origi nal -Local age ncy fi les
I NS TRUCT IO NS -LOCAL A GENC Y BIDDER
OB 12-04
Page 15-10
Jun e 29, 2012
,.-------------------
Local Assistance Procedures Manu a l Exhibit JS-H
DB E Information-Good Faith Effort
DBE COMMITMENT (C ONSTRUCTION CONTRACTS)
ALL BIDDERS:
PLEASE NOTE: T hi s information may be s ubmitted with yo ur bid. If it is not, and yo u are the apparent
low bidder or the seco nd or third low bidde r, it mus t s ubmitted and received as s pecified in the Special
Provis ions. Fai l ure to s ubmit the r equired DBE commitment will be grounds for finding the bid
nonres pons iv e
The form requires s pecific information regarding th e cons tru cti on contract: Loca l Agency, Locati o n, Project
D escripti o n, Total Co ntract Amount, Bid Date, Bidde r 's Name, and Contr act DBE Goal.
T he fonn has a co lumn fo r th e Contract Item N umbe r and Item o f Work a nd Descript io n o r Services to be S ubcontracted o r
Mate ri a ls to be provided by DBEs . Prim e contrac to rs s ha ll indica te a ll work to be pe rformed by DBEs incl uding, if the
prime is a DBE, work pe rfo rm ed by its own forces, if a DBE. The DBE s hall prov ide a certi fi catio n num ber to the
Contrac to r a nd ex piratio n date. Enter the DBE prime's a nd s ubc ontractors' certificatio n numbe rs.The fo rm has a co lumn fo r
the a me s of DB E contractors to pe rform th e work (who mu s t be certified o n the date bids are o pe ned a nd in c lude the DBE
address a nd phone numbe r).
IMPORTANT: Id e ntify all DBE firm s part ic ipa ting in the project regard less o f ti e r. Name s o f th e F irs t-T ie r DBE
S ubcontrac to rs and the ir respective item(s) of work li s ted s hou ld be cons is te nt, w here applicable, w ith th e na mes a nd items
of work in th e "Lis t of S ubcontractors" submi tted wi th your bid.
There is a column for the DBE participatio n d o ll a r amount. Ente r t he T o ta l C la im ed DB E Partic ipat io n dollars and
pe rcentage amoun t of item s of work s ubm itte d w ith your b id purs uant to th e Special Provis io ns . (If I 00% of ite m is not to
be pe rforme d o r furn is hed by the DBE, describe exact po rti on of t ime t o be pe rfo rm ed or fu rni s hed by th e DBE.) See
Secti o n "Di sadvan taged Bu s in e ss Enterpri se (DBE)," of th e S pecia l Provis io ns (cons truction contracts), to determine how
to count the partic ip ation of DBE firms .
Ex hibit 15 -G mus t be s igned and dated by the p e rso n bidding . A lso li s t a phone number in the space provided and
print the na me of the person to co ntact.
Local agencies s hould complete th e Loca l Agency Contract Award, Federal-aid Proj ect umber, Fed e r a l
S hare, Contract Award Date fi e ld s and verify th at a ll information is comple te and accura te be fore s ig nin g a nd
fi ling.
OB 12-04
Page 15-11
June 29,2012
Loca l Assis tance Procedures Manual E xhibit 15-H
DBE Informatio n-Good Faith Effort
EXI'IIBIT 15-H DBE I NFORMATION -GOOD FAITH EFFORTS
DBE INFORMATION-GOOD FAITH EFFORTS
Fed e ra l-a id Proj ect No. _____________ Bid Ope ning D ate ________ _
T he (City/Co unty o f) establi shed a Di sadvant aged Bus in ess E nterpri se (DB E)
goal of __ % fo r th is proj ect. The info rmati on prov id ed her e in shows that a good fa ith effort was
m ad e.
Lowest , seco nd lowest a nd third lowest bidders sh a ll s ubmit the fo ll owin g informa ti on to document
ad eq ua te good fait h effo rts . Bidders shoul d su bmit the fo ll owi n g inform ati on even if th e "Local Agency
Bidde r D BE Comm i tment" f orm ind icates th a t th e bidd e r h as me t th e DBE goal. T hi s will protect th e
b idde r 's e li g ibili ty fo r award ofthe contract if the adminjste rin g agen cy de termin es th at the bidd e r fa il ed
to m eet th e goal for various reasons, e.g., a D BE firm was no t cert ifie d at b id opening, or th e bidder
m ad e a ma th em a ti cal erro r.
S ubmittal of o nly t h e "L ocal A gency Bidd e r DBE Co mmitme n t" for m ma y not provide s uffic ient
d ocume nt ati o n to demo nstrate t ha t adeq ua te good fa ith effor ts were m ad e.
T he fo ll owin g it e ms are li st ed in the Sect ion entitled "Submi ssio n of DBE Commitme nt" of th e Specia l
Provis ion s:
A. The n am es and d a tes of ea ch publica ti o n in w hi ch a r eq uest fo r DBE pa rti cipati o n fo r t hi s proj ect was
p laced by the bi d der (pl ease a tt ach copies of a dverti sem e nts o r proofs of publicati o n):
Pub li cat io ns D a tes of Ad vertisement
B. Th e n ames and dates of writte n n o ti ces se nt to certi fie d DBEs soli c iting bi ds fo r thi s proj ect an d the d ates
an d me th ods used fo r fo ll owing up initial soli c itations t o de te rmine w it h certa in ty whether t he DBEs we re
inte rested (p lease attac h copi es of soli c it ati o ns, te lepho ne record s, fax confirma ti on s, etc.):
N ames of D BEs Soli c ited
OB 12-04
D ate of Initi al
Solicitation
Fo ll ow Up M etho d s and D at es
Page 15-12
June 29, 201 2
Loca l Assistan ce P r oced ures Ma nu a l Exh ibit I S-H
DBE Informatio n-Good Faith E ffort
C . T h e item s of work w hich th e bidde r made ava il able to DBE firm s in c luding, where approp ri ate, any
breaking dow n of the contract work ite m s (including th ose items norma ll y perform ed b y the bidder with
its o wn forces) into e conomica ll y feas ibl e units to facilitate DBE p a rt ic ipation. It is th e bidder's
respons ibili ty to d e mon strate tha t suffi c ie nt wo rk to faci litate DBE participation was made avail able to
DBE firm s .
Ite ms of Wo r k Bidder Normall y Breakd o wn of
Perform s Ite m Items
(YIN)
Amount
($)
Pe rcentage
Of
Contract
D. The names, a ddresses and phone numbe rs of rejected DBE firm s, th e reasons fo r th e bidder's rejection of
th e DBEs, the firm s selected fo r that wo rk (please attach copies of quotes f ro m the firms in volved), a nd
th e price d iffe re nce fo r each DBE if the selected firm is no t a DBE:
Nam es, addresses a nd phone numbers o f rejected DB Es and the reasons for th e bidde r's rejection of the
DBEs :
Names, a ddresses and phone numbe rs of firm s selected for the work above:
E. Effort s m a de to ass ist inte res ted DBEs in obta ining bondin g, l ines of c redit or i ns urance, and a ny
techni cal ass is ta nce or informa ti on re la te d to th e plans, sp ecifications and r equirements for the work
w hich was prov id ed to DBEs:
OB 12-04
Page 15-13
June 29,2012
-----------------------
Exhibit 12-G
F. Efforts mad e to assist inte rested DBEs in obtainin g necessa ry equipment, suppli es, materials or
related ass is tance or ser vices, exclud in g supplies and equipment t he DBE s ubcontractor
purchases or l eases from th e prime contractor or its affil iate:
G. The names of agencies, organi zations or group s contacted to provid e assi stance i n contacting,
recruitin g and us ing DBE firms (p lease attach copies of requ ests to agencies and any responses
received , i.e., lists, Intern et p age down load, etc.):
Name of Agency/O rgani zat ion Method/Date of Con tact Results
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if
necessar y):
N OTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
Augus t 12 ,20 13
(THE BIDDER'S EXECUTION ON THE S I GNATUR E PORTION OF THIS
PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND
EXECUTION OF THOSE CERTIFICATI ONS WHIC H A R E A PART OF THIS
PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Exhib it 12-G
The bidde r _____________________________ , proposed
s ubcontractor , he re by cett ifi es that he
h as __ , h as not_, partic ipated in a previo us contract or s ubcontract s ubj ect to th e equal opportunity
c la uses, as requ ired by Executive Orde rs I 0925 , 11114, o r 11 246, and th at, w h e re req uire d , h e h as fi led
wi th the J oint Repotting Committee, th e D irecto r of the Office of Federal Contract Compli ance, a
Federa l Government contracting o r admi ni s te rin g agency, o r the former Presid e nt's Committee on E qual
Emp loyment Oppot1uruty, all reports due und e r th e appli cable fillin g require m e nts.
Note: The above certification is req uired by th e Eq ual Employment Opportunity R egulati ons of t he
Secre ta r y ofLabor (41 CFR 60-1.7(b) (1 )), and must be s ubmitte d by b idde rs a nd pro posed
s ubcontractors only in conn ect ion w ith contracts and s ubcontracts, w hich are s ubjec t to the eq ual
opportunity clause. Con tracts a nd s ub contracts w hich are exempt from the e qual opportunity
c la use a re se t forth in 41 CFR 60-1.5. (Genera lly o nl y contracts o r s ubcontracts of$10 ,000 or
und e r are exempt.)
Current ly, Standard Form I 00 (EE0-1) is the o nl y report re quired b y the Executi ve Orders or
th e ir implementing regul a ti ons.
Proposed prim e contractors and subcontractors w ho have participated in a p revious contract or
s ubcontract subject to the Executive Orders a nd have not fi led the required re ports s ho uld note that 41
CFR 60-1. 7(b) (1) prevents th e award of contract s and s ub contract s unl ess s uch contracto r s ubmits a
re p01t coverin g the delinque nt perio d o r s uc h o the r period s pecifie d by the Federa l Hi g hway
Adm ini s tra ti o n or by the Director, Office o fFede ra l Contract Compliance, U.S. Department of Labor.
A ug us t 12,20 13
Noncollusion Affidavit
(Titl e 23 Unite d Sta tes Code Section 11 2 an d
P ub li c Co ntract Co de Secti on 7 1 06)
To t he CIT Y I COUNTY of --------------------------------------DEPA RTMENT OF PUB LIC WO R KS.
E xhibit 12-G
In acco rd ance w ith Titl e 23 Unit ed States Co de Section 11 2 an d Public Contract Code 7 1 06 the bidder
declares th a t the bid is n ot made in th e int erest of , o r on behalf of, any undi scl osed pe rso n, pa rtn e rship,
co mpa ny, associati on, o rgani za ti on, or corpora ti on; th at t he bid is gen uin e an d not co llu s ive o r sha m; th at
th e bidd e r has not di rectly or in d irect ly i ndu ced o r so li cit ed an y oth er bi dde r to put in a fa lse or s ham bid ,
a nd has not d irec tl y or indirectl y co llu ded , co ns pired, conni ved, or agreed with any bid de r or anyone else
to put in a s ham bid , o r th at a nyo ne s ha ll refra in from bidd in g; th at th e bidder has not in any man ner,
direct ly or indirectl y, so ught by agreement , com municati o n , o r confere nce with a nyo ne to fix th e bid
pri ce of th e bidd e r or an y other bidde r, or to fi x a ny overhead , profit, or cost e le me nt of th e bid pri ce, or
of th at of any ot her bidd er, o r to secur e an y advantage aga in st the publi c bo dy awardin g the co ntract of
anyo ne in teres ted in the prop osed co ntract; th at a ll s tatem ents co nt a in ed in th e bid a re true ; and , f urth er ,
th at th e bid der has no t, directl y o r in d irec tl y, submitted his or her bid pri ce or any breakdown thereo f, o r
th e co ntents the reof, o r di vul ged in format io n o r data re lative the re to, or pa id , and will not pay , an y fee to
any corpo r a ti on , partnershjp, company assoc iati on, o rgani zatio n, bid deposito ry , or to any member or
agent th ereof to effec tu ate a co llu s ive or s ham bid .
Note : T he above Non co ll us ion Affi dav it is part of t he Pro pos al. S ig nin g t hi s Pro posal on the s ignature
porti o n th ereof sha ll a lso constitute s ig nature o f thi s Nonco llu s ion A ffid av it.
Bidd ers are cautioned th a t mak in g a fa lse cert ifi cati o n may su bj ect th e certifi er to cri min a l
prosec ution.
August 12, 2013
Ex hibit 12-C
DEBARMENT AND SUSPENSION CERTIFICATION
T ITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The b idder , under pena lty of p e rjury, cert ifies that, except as noted below, he/she or any other person
associated therewith in the capacity of owner, partner d irector, officer, and manage r:
• Is n ot currentl y unde r s uspens ion , deba rment, vol untary exclus ion, or d e te rminat io n of
in e li g ibili ty by any federal agency;
• H as n ot been s us pended, debarred , vo lun taril y excl ud ed or determined inel igible by any federal
agency with in 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 com1 of
competent jurisdiction in any matter in volv ing fraud or officia l mi sconduct w ithin the past
3 years.
If there are any exceptions to this certificatio n, in se rt the exception s in the fo ll owin g space.
Exceptions wil l not necessaril y resu lt in den ia l of award, but w ill be considered in determining bidder
respo ns ibil ity. For any exception noted above, in dicate below to whom it applies, initiating agency, and
dates of action.
Notes: Prov iding false in fo rmation may result in criminal prosecution or administra ti ve s anctions.Th e
above certifi cation is p a rt of th e Proposa l. S igning th is Proposal on the s ignature portion thereof
s hall also constitute s ignature of thi s Certi fication.
A ug ust 12, 2013
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
Ex hibit 12-G
T he prospective participant certifi es, by sign in g and s ubmitting thi s bid o r proposal, to th e best of his or
her kno wledge a nd be li ef, th at:
(I) No f ede ral appropriated fund s have bee n paid o r w ill be paid, by or on beha lf of th e unders ig ned ,
to any p er son for influenci ng o r attem pting to influence an officer o r emp loyee of a ny federa l
a gen cy, a Member of Congress, a n officer o r employee of Con gr ess, or a n employee of a
M ember of Congress in connection with tbe a ward ing of an y federal contract, the making of any
federal grant, the makin g of any fe d e ral loan , th e e ntering into of any cooperati ve agreem e nt, and
the extensio n, continua t ion, re newa l, am endm e nt , or mod ifi ca ti on of any fede ra l contract, grant,
loan, or coope rative agreement.
(2) If a n y funds o th e r than federal appropri a ted fund s have been paid o r w ill be paid to any person
for influe nc ing or attempting to influence an officer o r e mployee of a ny federa l agency, a
Member of Con gress, an officer or employee of Congress, or a n employee of a Member of
Congress in connection w ith thi s fede ra l contract, g rant, loan, or cooperative agreement, the
unde rsign ed s ha ll co mple te and s ubmit Standard Form-LLL, "Disclosure of Lobby in g
Activities," in accordance w ith its ins tructions .
T hi s certifi cation is a material represen tati o n offac t up on whi c h re li ance was p laced w hen this
transaction was made or entered into . S ubmiss ion of thi s certificatio n is a pre requis ite for making o r
e ntering into thi s tran saction imp osed by Section 1352 , T i tle 3 1, U.S. Code. Any perso n w ho fa il s to
fil e the required certification s ha ll be s ubject to a c iv il penalty of no t less than $10,000 and not mo re
tha n $100 ,000 for each s uch fai l ure.
The p rospective partic ipant a lso agrees by s ubmi tting hi s or her bi d or proposal that he or she shall
requ ire that the la ng uage of thi s certification be incl ud e d in a ll lower tie r su bcontracts, w hi ch exceed
$100,000 a nd tha t all suc h s ubrecipi ent s shall cettify and d isclose accordi ng ly.
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE T I-ll S FORM TO DISCLOSE LOBBY ING ACTIVITIES PURSUA__l"i_TTO 3 1 U.S.C. 1352
1. Type of Federal Action: 2. S t atus of Fed eral 3 . R epo rt Type:
Action:
D a. co ntract D a. bid/offer/application O a. initial
b. grant b. in iti a l award
c. cooperative agreement c. pos t-award
d. loan
e. loan guarantee
f. loan insu rance
4. Name a nd A ddress of Re porting E ntity
D Pri me D Subawardee
Tier , ifknown
Congressional District, ifknown
b. material change
For Material C hange Only :
year _ q uarter __ _
date of last report ___ _
5. If R ep o rting E ntity in No.4 is S ubawardee,
E nter Name and Address of Prime:
Con g r ess io n a l Di st ri c t, if known
A u g u st 12,20 13
6. Federal Department/Agen cy:
8. Federal Actio n Number, if k nown :
10. a. Name and Address of Lobby E ntity
(If indi vidua l. last name, fi rst name. Ml )
Ex hibit J 2-G
7. F e deral Progra m Na me/Desc ription:
C FDA Number, if appli c ab le _______ _
9. Awa rd A mount, ifknown :
b. In divid ua ls Perfo rming Services (inclu ding
a ddress if different from o. I Oa)
(last nam e, fi rst name, Ml )
(att ach Cont inuati o n hect(s) if necessary)
I I. Amount of Pay me nt (check a ll that ap1>ly)
$ ____ _ D actu al pla nn ed
12. Form of Pay me nt (c hec k all t hat apply): D a. cash D b. in-kind ; specify: nature _____ _
value ____ _
I 3. Type of Payment (c hec k a ll th at apply) ---
-
-
-
-
a . re tain er
b . o ne-time fcc
c . co mmi ss ion
d . contin gent fcc
e d e ferre d
f. ot her, s peci fy _________ _
I 4 . Bri ef Desc ription of Services Performe d o r to be performed and Date(s) of Service, including
offi ce r (s), ern pl oyee(s), or m e m ber( ) co ntacted , fo r Paym e nt In di cated in Ite m I I :
(attac h Conti n uation Sheet(s) if necessary)
IS. Continua ti o n S h eet(s) attac h ed: Yes D
I 6. In formati on requ ested thro ugh thi s form is auth orized by Tit le
3 I U.S.C. Secti on I 352. Th is di sclosure of lobbyi ng relian ce
was pl aced by th e ti er above when hi s transactio n was made or
entered int o. Thi s disclosure is requi red purs uant to 3 1 U.S.C.
I 352. Th is info m1 ati on will be reported to Congress
semi annu all y and wi ll be ava il ab le for pub lic inspec ti on. An y
person wh o fai ls to fil e the req uired di sclo urc sha ll be subj ec t
to a civil penally of not less than $1 0,000 and not more than
$100,000 for each such fa ilure.
Fed eral Use Only:
No D
S ig nature: _______________ _
Prim arne:---------------
Title:-----------------
Te le phon e N o.: ________ Date: ___ _
Auth ori zed fo r Local Reproducti on
Standard Fo m1 -LLL
INSTRUCTIONS FOR C OMPLETION OF SF-LLL,
DIS C LOSURE OF LOBBYING ACTI VI T I ES
T hi s di sclosure fo rm sh a ll be comple te d by t he r epo rtin g e ntity, whe th e r s ubawardee or prime federa l
recipi e nt, at th e initi a ti o n or r ecei pt of cove red federa l acti o n or a materia l c h ange to previous fi ling
pursuant t o titl e 3 1 U.S.C . Section 1352. T he fi ling of a form i s required for s uch p aym ent or
agreement to make payment to lobbyin g e nt ity for influencing o r a ttempting to influence an officer o r
employee of a ny agency, a M e mber of Con g ress a n officer o r e mployee of Congress or an e mployee of a
Member of Congress in connection w ith a covered federa l acti o n . Attach a continua ti o n s heet for
additional info m1 atio n if the space o n th e form is in ad equate. Compl e te a ll ite m s that apply for both the
initial fi ling and mate ri a l cha nge report. Refe r to t he imp le m en ting g ui da nce publi s he d by the Office of
Management a nd B ud get for ad diti o na l informati o n.
I . Ide nti fy th e t ype of covered federal a ction for wh ic h lobbyi ng activity is and/or h as been secured
to influence, th e o utcome of a covered f edera l ac ti o n .
2. Ide nti fy th e st atus of th e cove red federa l actio n.
Au g ust 12 ,2013
Exhibit 12-G
3. Ide nti fy the appropriate c lassifi cation of thi s report. If this is a follow-up report caused by a
m ateri al c hange to th e informa tion previous ly reported, enter th e year and quarter in which the
c hange occurre d. Enter th e date of th e last, previous ly s ubmitted report by thi s reporting e ntity
for thi s covered federal action.
4. Enter th e fu ll name, address, city, State a nd z ip code of the reporting e nti ty. In cl ude
Con g ressional District if known. C heck the a ppropriate class ification of th e reporti ng e ntity that
desig n ates if it is or ex p ects to be a prime or s ubaward recipient. Id e ntify the ti er o f the
s ubawardee, e.g., the firs t s ubaward ee of th e prime is th e firs t ti e r. Subaward s inc lude but a re
not limite d to s ubcontracts, s ubg rants a nd contract award s unde r g rants .
5. If the organization filin g the re p o rt in Ite m 4 c hecks "S ubawardee" the n e nte r the fu ll name,
address, city, State and z ip code of the prim e fed e ra l re c ipient. Inc lude Congressio nal Di s trict, if
known.
6. E nte r the name of the f e d era l agency making th e award or loan commitme nt. Inc lude at least one
organ ization level below agency name, if known. For example, D epartme nt of T rans po rtation,
Uni ted States Coast Guard .
7. E nte r t he federa l prog ram name or d escripti o n for the covered fe d e ral act ion (item I ). If known,
e n ter th e full Catalog of Federal D omesti c Ass is ta nce (CFDA) number for g rants, cooperati ve
agreements, loans and loan commi tme nts.
8. E nter the mos t appropriate fede ral id e nti fying number avail able f o r the federal action
identification in ite m 1 (e.g., Request for Proposal (RFP) nwnber, Invitation for Bid (I FB)
numbe r, g ra nt announce m ent number, the contract grant. or loan award number, the
application/proposal contro l numbe r ass ig ned b y the federa l a gency). In c lude prefixes, e .g.,
"RFP-DE -90-00 1."
9. For a covered federal action where the re has bee n an award or loan comm itment by the Federal
age n cy, e nter the fed e ral am o unt of th e award/loan commitme nts for th e prime e nti ty id entified
in item 4 o r 5.
10. (a) E nter the full name , address, c it y, S tate and z ip code ofthe lobbying enti ty engaged by the
reporting entity identified in ite m 4 to influe nced the c overe d fed e ral action .
(b) E nter t h e full names of the indi v idu a l(s) pe rforming serv ices and inc lude full address if
different f rom 10 (a). E nte r Last Name, Firs t N am e and Middle Initial (Ml).
11. Enter the an1ount of compens ation paid o r reasonab ly exp ecte d to b e paid by the r e po rting entity
(ite m 4) to the lo bbying entity (item I 0). Indi cate w h e ther the pay m e nt has bee n m a d e (actual)
o r w ill be made (pl anned). C heck a ll boxes that apply. If thi s is a m a te ri a l c hange re port, e nter
the c umulative amount of pay m e nt m ade o r p lann ed to be made.
12. C heck th e appropriate box(es). C h eck a ll boxes tha t apply . If payment is made throug h a n in-
kind contribution, specify the n a ture and valu e of the in-kind pay ment.
13. C h eck the appropriate box(es). C heck a ll boxes tha t apply. If other, specify nature.
14. Provide a sp ecific and d e tail e d d escr iption of the services that the lobbyis t h as pe rformed or will
be expected to perform and the date(s) of a ny services re nde re d. Include a ll preparator y a nd
related activi ty not just time spent in actua l contact with federal officia ls . Ide nti fy the federal
officer(s) or employee(s) contacted or the officer(s) e mplo yee(s) or Member(s) of Cong ress that
were contacted.
15. C heck whethe r or not a continua tion s heet(s) is a ttached.
16. The c e rtifying offici a l sha ll s ig n and date the fo rm , print hi s/h e r name titl e and t e lephone
number.
Public r eporting burde n for thi s collection of info rma ti o n is estimated to average 3 0 minutes p e r
r esponse, including t ime for rev iewing ins truction , searching exi s ting data sources, gathe ring a nd
August 12,2013
Exhibit 12-G
maintaining the d a ta needed, and co mple ting and rev iewing th e co ll ectio n of in formation. Se nd
comments r egarding the burde n e stim a te o r a ny other as pect of thi s collecti on of informa ti o n, inc luding
s uggestions fo r redu c in g thi s burde n , to the Offi ce o f Management and Budget, Paperwork Reduction
Project (0348-004 6), Washing ton, D.C . 2 0 503.
S F-LLL-lns tructions Rev 06..04-90«ENDIF»
SECTION 2. P ROPO S AL REQ UIREMENTS AND C ON DITIONS
2-1.01 GENERAL
The bidder's a tte nti o n i s d ir ected to the prov iSion s in Section 2 , "Pro posal Re quire m e nts and
Conditi o ns ," of the Standa rd p e c ifica ti ons a nd these special prov isio ns fo r the require me nts and
cond iti o ns w hi c h th e bidde r mus t observe in th e pre pa ra ti o n of and th e s ubmi ssio n o f th e bid.
T h e bidde r 's bo nd sha ll confo rm to th e bond form in th e Bid boo k for t he proj ect and s ha ll be prop er ly
fill ed out and executed. The bi dd e r's bo nd form in c lud e d in tha t book ma y be used.
In confonnance with Public Contract Code Section 7 10 6 , a Noncollus io n Affida v it is inc lud ed in the B id
book . Si g nin g th e Bid bo ok s h a ll a lso cons titute s ig na ture of the Nonco llu sio n Affidavit.
T he contracto r, s ub recipient o r su bco ntrac tor s ha ll no t di scriminate o n th e basis of race, co lo r, national
o ri gin, or s ex in the p erformance of th is contract. T h e contrac tor sh a ll carry o ut applica bl e requirements
of Title 4 9 CFR (C od e of Fed eral Re g ul a tion s) pa rt 26 in the award and a dmini s tra ti o n of US DOT
assist ed co ntracts . Fa ilure by th e contractor to c arry o ut th e se re quire me nts is a m ate ri a l breach of thi s
contract, wni ch m ay res ult in th e te m1in a tion of thi s co ntrac t or s uc h o th e r remed y, as the r ecipient
d eem s appropri a te . Ea ch s ubcontrac t s ig ned by th e bidd e r mu st include thi s ass urance.
Failure of the bidder t o fulfi ll the re quire ments of th e Special Provisions fo r s ubmittals require d to be
furni s hed after bid o pening , includ in g but not l imited to e sc ro wed bid d ocume nt s , whe re a ppli cabl e, may
subj e ct th e bidde r to a dete rminati o n of the bidde r's respo ns ibility in the event it is th e appare nt lo w
bidder on a f uture p ublic works con tracts .
2-1.015--FEDERAL LOBBYING RESTRICTIONS.--Section 1352, T itl e 3 1, U nited Stat es C ode
p rohibits Fede ra l fund s from bein g e xpend e d by the recipi e nt or a ny lower ti er s ub recipi ent of a
Federa l-a id cont ract to p a y for an y person for influenc in g o r atte mpting t o influ e nce a Fed e ra l agency or
Cong ress in conn ec ti o n with th e award in g of any Fe dera l-aid co ntract, th e m aking of an y Fed e ral grant
or loan, o r th e e nte ring into of a ny coope ra ti ve agreeme nt.
If any fund s o th e r t ha n Fede ra l fu nds have been pa id fo r the sam e pu rposes in co nnecti o n w ith thi s
Fed e ral-aid contract, th e recipi.e nt s ha ll submit an e xecuted certifi c at ion and , if required , s ubmit a
compl e ted discl os ure fo rm as pa rt of the bid do cume n ts.
A certifica ti on fo r Fed e ral-aid co ntracts regarding paym ent of fund s to lo bby Congress o r a F ederal
a ge ncy is inc l uded in the Bid book. Standard Form -LLL, "Discl osure of Lobby in g Acti v iti es," with
in s truc tions fo r compl e tion of th e Standard Form is a lso included in the Bi d book. Si g nin g th e Bid book
sha ll constitute s ig na ture of the Certifi cati o n.
The above re fe re nced ce rtifi cati o n and disclo s ure of lo bby ing acti v iti es shall be incl ud e d in each
subcontract a nd a ny lowe r-ti e r contracts exc eedin g $100,000. A ll di sc losure f o tms, but not
c ertificati o ns, sha ll be forwa rd ed fro m ti e r to ti e r until received by th e E ng in eer.
T he C ontrac to r , s ubcontrac tors a nd a n y lowe r-ti e r contracto r s shall fil e a di sc los ure fo rm a t the e nd o f
each cal endar qua rt e r in wru ch t he re occurs an y event th a t requires di sc lo s ure or th at m ateria ll y affects
the ac curacy of th e informa ti o n contained in a ny d isc losure form p rev io us ly fi led by th e Contractor,
su bco ntracto rs a nd an y lowe r-ti er contractors. An event th a t mate ri a ll y a ffects the accuracy o f the
inform a tio n rep orte d includes:
Aug ust 12, 2013
Exhibit 12-G
(1) A c umulative increase if $25,000 or more in the amount paid or expected to be paid for
influencing or attempti ng to influence a covered Federal action ; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered
Federal action; or
(3) A change in the officer(s), employees(s), or Member(s) contacted to influe nce or attempt to
influence a covered Federal Action.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions in Section 3, "Award and Executi on of Contract," of
the Standard Specificati ons and these special provis ions for the r equirem e nts and conditi ons concerning
award and execution of co ntract.
Bid protests are to be delivered to th e following address :
City of Temple C ity
970 1 Las Tunas Drive, Temple C ity, Cali forni a 91789
The award of the contract, if it be awarded , will be to the lowest respons ible bi dder whose b id compli es
with a ll the re quire ments prescribed .
The contract s ha ll be executed b y the s uccessf1.1l bidde r and s hall be returned, together with the contract
bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal
holidays, after the bidder h as recei ved the contract for execution. Failure to do so s h a ll be jus t cause for
forfeiture of the proposal guaranty . The executed contract documents sh a ll be delivered to the following
address: City ofTemple City
City of Temple City
9701 Las Tunas Drive
Temple City, California 91789
A "Local Agency Bidder-DBE Information (Construction Contracts), Exh ibit 15-G(2)" form is include d
in the Bid book to be executed b y th e s uccessful bidder. The purpose of the form is to collect data
required under 49 CFR 26. Even if no DBE participation w ill be reported , the s uccessful bidder must
execute and return the form.
The s uccessful bidder's "Local Agency Bidder-Information (Construction Contracts), Exhibit 15-G(2)"
form s hould include the names, addresses and phone numbe rs ofDBE firms that wi ll partic ipate, with a
complete description of work or s upplies to be provided b y each, and the dollar va lu e of each DBE
tran saction. When 100 p ercent of a contract item of work is not to be p e rformed or furni shed b y a DBE,
a description of the exact portion of that work to be performed or furnis hed by that DBE s hould be
included in th e DBE information, including the planned l ocation of t h at wo rk. A s uccessful bidder
certified as a DBE s hould describe the work it has committed to pe rforming w ith its own forces as well
as any other work that it h as committed to be performed b y DBE s ubcontr actors, suppliers and trucking
compames.
The s uccessful bidder is encouraged to provide written confirmatio n from each DBE that the DBE is
participating in the contract. A copy of a DBE's quote w ill serve as written confirmation that the DBE is
participating in the contract. If a DBE i s participating as a joint venture partne r, th e s uccessful bidder i s
e nco uraged to submit a copy of th e joint venture agreement.
The "Local A gency Bidder-DBE Information (Construction Co ntracts), Exhibit 15-G(2)" form shall be
completed and returned to the Agency by the s uccessful b idder w ith the executed co ntract and contract
bonds .
August 12, 2013
....
.------------------
Ex hibit 12-G
SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUID A TED DAMAGES
Attenti o n is directe d to the provis io ns in Section 8-1.03, "Begi nning of W o rk," in Section 8-1.06, "Time
of C ompl e ti o n," and in Secti on 8-1.07, "Liquid ated Damages," ofthe Standard Specifications an d th ese
sp ecia l provis ions.
Th e Contractor s hall begin work within 30 cale nd a r days after the contract has been approved by the
C ity of Temple C ity.
Thi s work s haJI be diligentl y prosecute d to co mpl etio n before the expiration of__ii_ WORKING DAYS
beginning on th e 30 calendar d ay after approva l of th e co ntract.
The Contractor s ha ll pay to the C ity of Templ e C ity th e s um of $ 600.00 per day, for each and every
cale ndar d ay's delay in finishin g th e wo rk in excess of th e number of working d ays prescribed a bove ..
5-1.4 SUBCONTRACTING
o s ubcontract re leases the Contracto r from th e contrac t or relieves the Contractor of th e ir responsibili ty
for a s ubcontrac to r's wo rk.
If the Contrac tor v io la tes Pub Cont Code§ 4 100 et seq., the C ity O f Temple City m ay exerc ise the
re medi es prov id ed under Pub Cont Code§ 4 1 10 . The C ity Of Temple C ity may r efer the vio lation to
th e Contractors State License Board as provid ed und e r Pub Cont Code § 411 1.
The Contractor s ha ll perform work equa lin g a t least 30 p e rcen t of the va lue of the ori g in al to ta l b id with
th e Contractor's own employees and equ ipm e nt, owned or re n ted, with or witho ut operato rs.
Each s ubcontract mu s t compl y with t he contract.
Each subcontractor mu s t have an act ive and va lid State contractor's li cense with a c lassification
appropriate for t he wo rk to be p erfo rm ed (Bu s & Prof Cod e, § 7000 e t seq .).
Su bmit copies of s ubcontracts upo n reque st by th e E ng ineer.
Befo re s ub contracted work s tarts, s ubm it a Subcontracting Reques t form.
D o no t use a de baiTed con tracto r; a c urre nt li s t of debarred contractors is ava il a b le at th e Department of
Indu strial Relations ' Web s ite.
Upon reques t by th e En gineer, irnn1 e di a te ly re move and not again use a s ub co ntracto r w ho fai ls to
prosecut e the work sati sfactori ly.
Each s ubcontract a nd any lo wer tier s ubcontract tha t may in turn b e mad e s hall in clude the "Required C ontrac t Provis ions
Federa l-Ai d Cons tructio n C ontrac ts" in Section 14 o f these specia l provis ions . Noncompli a nce s ha ll be corrected. Pay m e nt
fo r s ubcontracted work involved w ill be w ithhe ld from progress payments due, o r to become d ue, until correcti on is made.
Fail u re to compl y may resu lt in terminatio n of the contract.
5-1.5 PROMPT PAYMENT
Prompt Progress Payment to S ubcontractors
The loca l agency s ha ll require contractors a nd s ubcontractors to b e timely paid as set forth in Section
7 108 .5 of th e Ca li fo rnia Busin ess and Profess ions Cod e concerning prompt paym e nt to s u bcontractors.
T he 1 0 -d ays is applicab le unl ess a lon ge r period is agreed to in writing. A ny delay o r po stponem e nt of
paym e nt over 30 d ays may take p lace on ly for good cause and with the agency's prior w ritten
a pproval. A ny v io lation of Secti o n 7 108.5 sha ll s ubj ect th e violating contractor or s ubcon tracto r to the
pe na lti es, sanctions, and othe r r em e dies of th a t Secti on. This require me nt s ha ll no t be construed to
August 12, 2013
Exhibit 12-G
limit or impair any contractual, administrative, or judicial r emedies, otherwise avail able to the
contractor or s ubcontractor in th e event of a di spute invo lving late payment or nonpa yment by the
con tractor, d efici ent s ubcontractor performance , and/or noncompliance b y a s ubcontractor. Thi s clause
app lies to both DBE and non-DBE s ubcontractors.
Prompt Pavment of Withheld Funds to Subcontractors
The local agency shall ensure prompt and fu ll payment of r etainage from the prime contracto r to the
s ubcontractor w ithin thirty (30) days after the subco ntracto r's work is sati sfactoril y completed and
accepted . Thi s s hal l be accompan ied by including e ither (1), (2), or (3) of the followin g provisions
[l ocal agency equiva lent will nee d Ca ltra ns approval] in their f edera l-aid contracts to e n s ure prompt
and fu ll p aym e nt ofretainage [w ithheld funds] to s ubcontractors in compliance w ith 49 CFR 26 .29.
I. No re tain age w ill be he ld by th e agency from progress payments due to the prime contractor. Prim e
contractors and s ubco ntractors a re prohibited fro m ho ldin g retainage f ro m s ubcontractors. Any de lay o r
postponeme nt o f pay ment may take place o nly for good ca use and w ith th e agency's prior w ritte n approval.
Any v iolatio n of th ese provis io ns s ha ll s ubj ect the v io lating contractor or s ubcontractor to t he pe nalties,
sanctions, a nd o the r re medies s pecifi ed in Secti on 7108.5 of t he Cali fo rni a Bus in ess and Profess io ns Code. This
re quireme nt s ha ll no t be con s true d to l imit o r impa ir any contractual , admini strative, o r judic ia l remedies,
o the rwi se avai lab le t o th e contractor o r s ubcontracto r in th e e vent of a di s pute in vo lving late pa y me nt o r
nonpayment by th e contractor, d e fi c ie nt s ubcontractor performance, and/or no ncompliance by a s ubcontractor.
T hi s c lause appl ies to bo th DBE a nd no n-DBE s ubcontracto rs .
2. No retainage w ill be he ld by the agency from progr ess paym e nts due the prime contractor. A ny retainage
ke pt by th e prime contractor or by a s ubcontractor mu s t be paid in fu ll to the earning s ubco ntrac to r in 30 days
after the s ubcontracto r's work is sati sfact oril y comp leted. Any delay o r postpo ne m e nt of pay m e nt may take
place only for good cause and wi th th e agency's prior writte n a pproval. An y v io lation of th ese provis ions s h a ll
s ubject the vi o lating contra ctor o r s u bcontractor to th e pe na lties, sanctions, a nd re med ie s s pecifi ed in Section
7 108.5 of th e Ca l ifo rnia Bus in ess a nd Pro fessions Cod e . This requireme nt s hall not be cons tru e d to li mit o r
impair a ny contrac tual , adminis trative, o r judic ia l remedies, otherwise availab le to the contractor o r
s u bcontractor in th e event of a dis pute invo lv in g la te payment or no npay me nt by the contractor, deficient
s u bcontractor pe rfo rm ance, a nd/o r no ncom p liance by a s ubcont ra c tor. This c la use a pplies to both DBE and non -
DB E s ubcontractors .
5-1.7 BUY AMERICA REQUIREMENTS. --A ttention i s directed to the "Buy Am erica"
re quirements of t he Surface Transpo1tation A ss istance Act of 1982 (Section 165) and th e Intermodal
Surface Transpo1tati o n Efficie ncy Act of 199 1 (IS T EA) Section s 1041 (a) and 1 048(a), and th e
regulation s adopted pursuant th er e to. In conforman ce with the law and re gulation s, all manufacturing
processes for s teel and iron mate rials furnished for incorporation into the work on thi s project shall
occur in the Un ited States; with the exception that pi g iron and processed, p e!Jeti zed and reduce d iron
ore manufactured outside of the United States may be u sed in the domestic manufacturing process for
s uch stee l and iron materials. The application of coat in gs, such as epoxy coating, galvanizing, painting,
and oth er coating that protects or enhances the value of s teel or iron m a terials s ha ll be considered a
manufacturing process subj ect to the "Buy America" requi re ments.
A Certificate of Compliance, conforming to the provisions in Sect ion 6-1.07, "Certifi cates of
Compliance," of th e Standard Specifications, shall be furni s hed for steel and iron material s . Th e
certificates, in additi o n to certify in g that the materials comply with the sp ecifications, s hall sp ec ificall y
certify that all manufacturing processes for the materi a ls occurred in the Unite d States , except for the
above exceptions .
The requirements imposed by the law a nd regul atio ns do not prevent a minima l use of for eign s tee l and
iron materi a ls if the total combined cost of the material s used does no t exceed one-tenth of one percent
(0.1 percent) of the tota l contract cost o r $2 ,500, whiche ver is greater. The Contractor s ha ll furnish the
August 12, 2013
Ex hibit 12-G
E ng in eer a ccept abl e documentat io n of th e qua ntity a nd valu e of the f o re ign s teel and iron prior to
in corpora ting th e m at e ria ls into the work .
1. DISA D VANTA GE D B USI NESS ENTE RPRISES (DB E)
U nd e r 4 9 CFR 26.13(b):
The contracto r, s ub rec ipie nt o r s ubcontracto r sh a l l not d i scrim ina te o n the bas is of r ace,
co lo r, nati o na l o ri g in, o r sex in the p erform a nce o f t hi s con tra ct. T he contracto r s ha ll
carry o ut a pp li cab le r equ ire me nts of 4 9 CFR part 2 6 in the a wa rd a nd admini st ra t io n of
DOT-assis ted c o ntracts . Fa i lure by th e co ntracto r to carry o ut t hese re quire me n ts is a
m a t e r ia l breach of thi s co ntract, w hi c h may res ul t i n t he t erm in a ti o n of thi s con t ract o r
s uc h o th e r re m ed y as the recipi e nt d eem s approp ria te .
T a ke necessary and re a sona bl e s te p s to e n s u re th a t DBEs ha ve oppo rt un ity to p arti c ipate in the
contract ( 4 9 C FR 2 6).
T o e ns ure e qua l partic ipa ti o n ofDBEs provided in 49 CFR 2 6 .5, the Agency s ho ws a goal fo r DBEs.
M ak e work avai la b le to DBEs and select wo rk pa rts con s is te n t w ith avai lable DBE s u bcont racto rs
a nd s upplie rs.
M eet th e DB E goal s ho w n e lsewhere in t hese sp ecia l provis io ns o r de mo n stra te t ha t yo u m ad e
ad equate good fa ith effo rts to meet thi s g oa l.
I t is yo ur respo ns i bi li ty t o verify tha t the DBE firm is c e rt ifi e d as DBE a t d a te of b id openin g . For a
lis t o f DBEs cert ifi ed by th e Califo rn ia Uni ·fi e d Certification P ro g ram , go to :
http://www.dot.ca.gov/h g/bep/find certifi ed .htm .
A ll DBE parti c ipation w il l co unt towa rd t he Ca lifo rnia D epa rtm e nt ofTra n sportat io n 's fed e rall y
manda t ed statewid e ove ra ll DBE goa l.
C redit fo r material s or s uppli es yo u purc hase fro m DBEs counts toward s th e go a l i n t he fo ll owi ng
ma nn er:
• 100 pe rcent coun ts if th e m a teria ls o r s up plies are obtained fro m a DB E
man ufacturer.
• 6 0 p ercen t coun ts if th e ma te ri a ls o r s upp lies are o btaine d fro m a DB E regul ar d ealer.
• O nly fees, comm iss io ns , an d c harges fo r ass is ta nce in t he procure me nt a nd de li very
of m a te ri a ls o r s upp li es count if o bta ined f rom a DBE that is ne i th e r a ma n ufac ture r
no r regular d ea ler. 49 C FR 26.5 5 de fi nes "manu facture r" and "regul a r dea le r."
You receive c re dit toward s th e goal if yo u e mp lo y a DBE trucki n g co mpany tha t pe rfo rm s a
co mme rc ia ll y usefu l fun c ti o n as de fin ed in 4 9 CFR 26.55 (d)(1) throu g h (4 ) an d (6 ).
a. DBE Commitment Submittal
S u bmit the Ex hibit 15 -G Local Agency B idder D BE Co mmitme nt (Co ns tr uct io n Co ntracts) form,
incl uded in the Bid book. If th e fo rm is not s ubmitte d w ith t he bid, re m ove th e fo rm fro m th e B id
book before s ubmitti n g y our bi d.
Jf t he DBE Commitment fo rm is n ot s u bm itted w i th the b id, th e appa re nt low bidde r, the 2 nd l o w
b idd e r, a nd the 3 rd low bidde r must comple te and su bmit t he DBE C ommitme nt fo rm to the Agen c y .
DBE Commitme nt fo rm m us t be receive d by the Agen cy no late r t ha n 4 :00p.m . o n the 4th bus iness
d ay afte r bid ope ning .
A ug us t 12,2013
Ex hibit 12-G
Other bidders do not n eed to s ubmit the DBE Comm itment form unless t he Agency re quests it. If
the Agency requests you t o s ubmi t a DBE Commitment fo rm, s ubmit t he compl eted fo rm w ithin 4
business d ays of the re quest.
Submit written confirmatio n from each DBE s ta ti ng t hat it is participa tin g in the contract. Include
confirmation wi th the DBE Commitm ent form. A copy of a DBE 's quote wi ll ser ve as written
confirmation that the DBE is pruticipating in the con tract.
If you do not s ubmit the DBE Commitme nt fo rm w ithin the sp ecified tim e, t he Agency w ill find
yo ur bid nonres pons ive.
b. Good Faith Efforts Submittal
If yo u h ave not m e t the DBE goal , complete and s ubmit t he DBE Information -Good Fait h Efforts,
Exhibit 15-H , form with t he bi d s howing that you made adequate g ood faith effort s to meet the goal.
Only good fa ith efforts directed toward s obtai ning pa rti cipation b y DBEs wi ll be cons id e red. If
good fa ith e fforts doc ume nta ti on i s no t s ubmitte d wi th the b id , it mus t be received b y th e Agency no
later th an 4:00p.m. on th e 4th busin ess day after bid op en ing .
If yo ur DBE Commitment form shows that yo u h ave me t the DBE goal or if yo u are requi re d to
s ubmit t h e DBE Commitment form , yo u mu s t a lso s u bmit good faith e fforts docume ntati on w ith in
the s pecified time to protect your e li g ibility fo r a w ard of the contract in the event th e Agen cy fi nds
th at the DBE goal has not been met.
Good faith efforts documentatio n must include th e fo ll owin g informati on a nd supporting d ocuments,
as n ecessary:
1. Ite m s o f work you h ave made available to DBE firms . Id entify those item s of work
you might othe rwi se perform w ith your own fo rces and those ite m s that h ave been
broken d own into economicall y fea sibl e units to fac i li tate DBE participation . For
each ite m li ste d, s how the do ll ar va lue and percentage of the total contract. It is your
responsibi l ity to d e mons tra te that s uffi c ie nt work to m eet the goal was m ade available
to DBE firms .
2. Nam es of certified DBEs and d ates o n whic h they wer e soli c it e d to bid on the p roject.
Include the items of work offered. Des c ri be the methods u sed for fo ll owi ng up initi a l
solicitations t o d etermine w it h certainty if the DBEs were inte res t ed , and the dates of
the fo ll ow-up. Attach s upporting document s such as copi es o f letters, memos,
facs imi les sent, te leph o ne logs, t e lephone billing s tat em e nts, and other evid ence of
sol icitation . You ru·e rem inded to so li c it certi fied DBEs thro ug h a ll reasonabl e and
a vailable m e ans and provide s ufficient time t o a ll ow DBEs t o res pond.
3 . Nam e of selected firm and its s tatu s as a DBE for each item ofwork made avai lable .
Include name, address, and te leph on e num ber o f each DBE th at prov ide d a quote a nd
their price quote. If the firm select e d for the item is n ot a DBE, provide the reasons
for the selectio n .
4. Nam e a nd d a te of each publ icatio n in w hich you re quested DBE participation for the
proj ect. A ttach copies of the p ubli s he d advertisem ents .
5. Nam es of a g enci e s and d at es on which they wer e contacted to prov ide assistance in
contacting, recruiting, and us ing DBE firm s . If the agenci es wer e contacted in
writing, p rovid e copies of supporting documents .
6 . L is t of efforts m ade to prov ide interested DBEs w ith adeq uate info rmation abou t the
plans, sp ecifications, and requ irements of the con t ract to assist th em in responding to
a solicitation. If you h ave pr ovide d information, identify the name of the DBE
Aug ust 12, 2013
Ex hibit 12-G
assist ed, th e nature of th e information prov ided, a nd date of contact. Provide copies
of s upportin g docume nt s, as appropri ate.
7 . L is t of efforts made to assist interested DBEs in obtainin g bonding, lines of c redit,
in s urance, necessary equipment, supplies, and materials, excluding supplies and
equipme nt that the DBE s ubcontractor purchases or leases from the prime contractor
or it s affiliate. If such assistance is provided b y you, identify the name of the DBE
assis ted , nature ofthe ass ist ance offered , and date assistance was provid ed. Prov ide
copi es of supporting d ocume nts, a s appr opriat e.
8. Any ad diti onal data to suppo rt demons trati o n of good faith effot1 s .
The Agency m ay co nsid e r DBE commitme nt s of t he 2 nd and 3 rd bidders w hen d ete rminin g w hether
th e low bidder made good faith eff011s to m eet the DBE goa l.
c. Exhibit 15-G-Local Agency Bidder DBE Information (Constru ction Contracts)
Complete and sig n Ex hibit 15-G Local Agency Bidder DBE Comm itm ent (Cons truction Contracts)
in c lude d in the contract doc um en ts regardless of w he ther DBE parti c ipati o n is reporte d.
Provid e written confirmation from each DBE t ha t the DB E is p a rti c ipating in the Co ntract. A copy
of a DBE's quote serves as writte n co nfirmation. If a DBE is p a rti cipatin g as a j o int venture partner,
th e Agency e ncourages you t o submit a copy of the joint venture agreem e nt.)
d. Subcontractor and Disadvantaged Business Enterprise Records
Use each DB E s ub co ntracto r as li sted on Exhibit 12 -B Bidder 's List of Subco ntractors (DBE and
No n-DBE) and Ex hibit 15-G Lo cal Agency Bidder DBE Commitme nt (Cons truction Co ntracts) form
unless you receive authorizati on fo r a s ub s tituti on .
The A ge nc y requests the Contractor to:
I . Notify the Eng ineer of any c hanges to its anticipated DBE pa rti cipation
2. Provid e thi s notificati o n before starting the affected wo rk
3. Maintain reco rd s includi ng :
• Name a nd bus in ess a ddress of each 1 51-t ie r subcontrac tor
• Name and busin ess address of each DBE s ub co ntractor, DBE vendor, a nd DB E
trucki n g company, regard less of ti er
• D ate of paym ent and total amo unt paid to each bus in ess
If you are a DBE contractor, in cl ud e the date of work performed by your own forc es and the
corresponding value of th e work .
Before the 15th of each month, su bmit a Monthl y DBE Trucking Verificat ion form.
If a DBE is decertified before completing its work, the DBE must notify you in writing of the
d ecertification date . If a bus in ess becomes a certified DBE before compl eting its work, t he bus iness
mus t noti fy yo u in writing of the certification date. Submit th e notifica ti o ns . On wo rk completio n ,
compl et e a Disad v antaged Business E nterpri ses (DBE) Certification Status C hange , Exhibi t 17-0,
fom1. Submi t the form wi thin 30 days of contract acceptance.
Upon work completion, co mplete Exhibit 17-F Final Report -Utiliz ation of Disadvantaged
Business Enterpr ises (DBE), First-Tier Subcontra ctors. Subm it it w ithin 90 days of contract
acceptance. T he Agency wi ll w ithho ld $10,000 until t he form i s s ubmitted. The Agency releases
the withhold up on s ubmi ssi on of the co mpleted form.
Aug ust 12,2013
Exhibit 12-G
e. Performan ce of Disadvantaged Business Enterprises
DBEs must perform work or s upply materials a s li s ted i n the Ex hibit 15-G Local Agency Bidder
DBE Commitment (Construction Con tracts) fo1m , included in the Bid.
Do not terminate or subst itute a li s ted DBE for con venjence and perform the work w ith yo ur own
forces or obta in materials from other sources w itho ut a uth orization from the Agency.
The Agency a uthoriz es a request to u se othe r forces or so urces of material s if it shows any of the
follow ing justifications:
1. L isted DBE fails o r refu ses to exec ute a written contract based on p la ns and
specifications for the project.
2. You s tipulated that a bond is a condition of executing the s ubcontract and the li sted
DBE fail s to meet your bond requirements.
3. Work requires a contractor's l icense and li s ted DBE does not have a valid li cense
under Contractor s License Law.
4. Listed DBE fails or re fu ses to perform th e work or furni sh the li s ted materials.
5. Lis te d DBE's wo rk is unsati sfactory and not in compli ance with t he contract.
6 . L isted DBE i s ine li gible to work on the proj ect becau se of s uspen sion o r debarment.
7. L i sted DBE becomes bankrupt or insolvent.
8. Listed DBE vo luntaril y w ithdraws with writte n notice fTom the Contract
9. Lis ted DBE is ineligible to receive credit for the ty pe of work requi red.
10. Listed DBE owner dies or becomes disabled res ulting in t he i nabili ty to perform the
work on th e Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your inte nt to u se other forces or material sources a nd provide the
reasons . Provi de the DBE with 5 days to respond to yom notice and adv ise you and the Agency of
the reasons why the us e of other forces o r sources of m ateria ls s hould not occur. Your request to u se
other forces or material sources mus t include:
1. One or more of the reasons listed in the preceding paragraph
2. Notices from you to the DBE regarding the request
3 . Noti ces from the DBEs to you regarding the re quest
If a li sted DBE is t erminated or s ubstituted, you must make good fa ith efforts to find another DBE to
s ubstitute for the o ri gina l DBE. The substitute DBE mus t perfom1 at least the same amount of work
as the original DBE under the contract to t h e extent needed to meet the DBE goal.
T he s ubs titute DBE must be certifi ed as a DBE at th e time of reques t for s ubs titution.
Unless the Agency a utho ri zes (1) a requ est to u se oth er 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 lis ted on the
Exh ibit 15-G Local Agency Bidder DBE Commitment (Construction Con tracts) fo1m unless it is
performed or s upplied by the li sted DBE o r a n a uthorized s ubs titute.
2. BID OPENING
The Agency publicly opens and reads bids at the tim e and place s hown on the No tice to Bidders.
August 12,2013
----~------------------·------
Exhibit 12-G
3. BID RIGGING
The U.S . D epa rtment of Transpo rtation (DOT) prov id es a t o ll-free hotline to report bid riggin g
ac ti v iti es. Use the hotline to rep ort bid ri ggin g, bid der co llus ion, and o ther fraudul ent acti vities. T h e
hotline number is
(800) 4 2 4-907 1. The ser vice is avail a bl e 24 hours 7 days a week and is confid e nti a l and anonym ou s ..
The h o tlin e is p art of th e DOT's effort t o ide nti fy an d in vestigate hi ghway con stru ctio n co ntract
fraud and a bu se and is opera te d und er the directi o n of the DOT In specto r Ge ne ra l.
4. CONTRACTAWARD
If the Agency award s the contract, the award is m ad e to the lowest re spon si bl e bidde r.
5. CONTRACTOR LICENSE
The Contractor must be properl y li censed as a contracto r fro m co ntract award throu gh Contract
accepta nce (Public Contrac t Code § 101 64).
6. DIFFERIN G SITE CONDITIONS
a. Contractor's Notification
Prom ptl y noti fy th e Agency 's E ngineer if yo u find either of the fo llowin g condit io ns :
1. Physica l condition s d iffer i ng m a teria ll y fro m either of the fo ll owin g :
• Co ntract doc um ents
• Jo b s ite examina ti o n
2. Physical condi tions of an unu s ua l na ture , di ffering ma teri a ll y fro m those
or d in a ril y encountered a nd ge ne rally recogni zed as inhere nt in the work provid e d
f or in the Co ntract
Include de ta il s ex pl a ining the information yo u reli ed o n and the m a t erial diffe re nces you
discovere d.
If you fa il to promptly no ti fy t he E ng ineer , you waive th e di ffe rin g site co ndi t io n claim for the
p eri o d be tween yo ur di scovery o f the dif fering s ite conditi o n and y o ur notificati o n t o the
E ng ineer.
If you di sturb th e s ite afte r d iscover y and befor e t he E ng ineer's in vestigati o n, yo u waive th e
di fferin g s it e co nditi o n cl aim.
b. Engineer's Investigation and D ecision
Upon your notification, the En g ineer inves ti gat es j ob site condition s and:
1. Notifi es yo u w he th e r to resume aff ect ed work
2. Decides wh e th e r th e con d iti o n di ff e rs materi a ll y and is cause f or an adju s tm e nt of
time , payme nt , o r bo th
7. BEGINNI N G OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Con tract or s hall begin wo rk wi thjn 15 calendar d a ys after the co ntract h as bee n a pproved by the
attorney appo inted and a uthori zed to represent the City/County of _____ _
Thi s wo r k s hall be dili gently prosecuted t o co mpl e ti o n bef ore the expirati on o f_ 4 5_ WORKING
DA YS beginning o n th e fifteenth cale ndar day afte r a pproval of the contract.
(Insert amount of L iqui dated D amages)
August 12, 2013
Exhibit 12-G
The Contractor s hall pay to the C ity/County of _ T e mpl e C ity the s um of $ 600 per day , for each
and every calendar day's dela y in finishing the work in excess of the number of working d ays
prescribed above.
8. BUY AMERICA
Furnish steel and iron materia ls to be incorporated into th e wo rk with certificates of compli ance.
Steel and iron materials mus t be produced in the U.S. except:
1. F ore ign pi g iron and processed , p e ll etized, and r educed iron ore may be used in the
domestic production of the steel a nd iro n m ateria ls [60 Fed R eg 15478 (03/2411995)];
2. lf th e tota l combine d cost of the materia ls does no t exceed the g reate r of 0.1 percent
of the to tal bid or $2,500, material s produced outsid e the U .S . may be used.
Production inc ludes :
1. Processin g s teel and iron ma terial s, in c luding s mel t in g or other processes that a lter
the physical form or sh ape (such as rolling, extruding, machining , bending , g rinding ,
and dri ll ing) or chemi cal composition;
2. Coating application, including e poxy coa tin g , gal vani z ing, and painting, that pro tects
or enhances the valu e of steel and iron mate ri als.
9. QUALITY ASSURANCE
The Age ncy uses a Quality Assurance Program (QAP) to ensure a material is produced to comp ly
w ith the Contract.
You may examine the record s and reports of tes ts th e Agency performs ifthey are avail ab le at the
job s ite.
Schedule work to a llow time for QAP.
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
(The local agency must include o ne of th e follo w ing t hree provis ions to ensure prompt and full
payment of any retai nage from the prime contractor, or s ubcontractor, to a subcontractor. Re move or
s trike out th e meth ods not u sed.)
(EITHE R)
No reta inage w ill be w ithhe ld by the agency from prog ress payme nts du e the prime contractor.
R etainage b y th e pri me contrac t or or subcontrac tors i s prohibited and no retainage w ill be h e ld by
the prime contractor from progress due s ubcontrac tor s. Any violation of thi s provi s ion s ha ll subj ect
the violating prime contractor or subcontractor t o th e penalti es, san c tion s a nd other remedies
specified in Section 7108.5 of the California Bus iness and Professi ons Code. This require m ent s hall
not be construed to limit o r impa ir any contractua l, adm ini strative, o r jud ici a l remed ies otherwise
availabl e to the prime Contractor or s ubcontrac tor in the event of a di spute involving late payment or
nonpayment by the prime contractor or defici e nt subcontract performance, or noncompli a nc e b y a
subcontractor.
(OR)
No retainage w ill be held by the age ncy from prog ress pay ments due the prime contractor. Any
retain age he ld by the prim e contractors o r s ub contractors from progress paym ents due s ubcontractors
shall be promptly paid in full to s ubcontractors within 3 0 days after the s ubcontracto r's work i s
satisfact ori ly completed. Federal law ( 49CFR26.29) re quires that any de lay or postp onement of
payment o ver the 30 days may take place only for good cause and with th e a gency's prior written
August 12,2013
Exhibit 12-G
approval. Any v iolation of this provisio n s ha ll s ubject the v iol ating prime contractor or
s ubcontractor to the p enalties, sancti ons and other remedies specified in Section 7108.5 of the
Business and Professions Code. These requirements shall not be construed to lim it or impai r any
co ntractual , admini s trati ve, or judicial re medies o t herwise available to the prim e Co ntractor o r
su bcontractor in the event of a dispute involving late payment or nonpayment by the prime
co ntractor, deficient sub contract performance, or n oncompliance by a s u bcontractor.
(OR)
T he agency s h all ho ld retainage from the prime con t ractor and sh a ll make prompt and regu lar
increme ntal acceptances of portions, as d e te rm ine d by the agen cy, of t he con tract wo rk , and pay
retainage to t he prime contractor based o n th ese acceptances. T h e prime contrac tor, or
s ub con tractor , s hall re turn a ll monies wit hh e ld in retention fTo m a s ubcontractor w ithin 30 days after
receiving paym e nt fo r work sat is factoril y completed and accepted including in cremental acceptances
of porti on s of the contract work by th e agency. Federal law (49CFR26.29) req uires that any delay or
postponement of payment over 30 days may take p lace onl y for good cause and with the agency's
prior written approval. Any v iolatio n of thi s p rovision shall subject the vio lating prime contractor or
subcontractor to the pe nalti es, sanctions a nd other remed ies specified in Sectio n 7108.5 of t he
Busin ess and Professions Code. Thes e requirements s hall not be construed to li mit o r impair any
contractual , adm ini strative, or judicial re med ie s otherwi se avai lable to t he prime contractor or
s ubcon tractor in the even t of a dispute i nvolving late payment or n onpayment by the prime
contractor, deficie nt s ub contract performance, or noncompliance by a s ubcontractor.
11. FORM FHWA-1273 R EQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
(Excluding A TTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL
ACCESS ROAD CONTRACTS)
August 12,2013
Ex hibit 12-G
F HWA-1273 --Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
Ill. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
V I. Subletting or Assigning the Contract
V II. Safety: Accident Prevention
V II I. Fa lse Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X . Compliance w ith Governmentwide Suspension and Debarment
Requ irements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development
Highway System or Appala chian Loca l Access Road Contracts (i n cluded
in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under T itle 23 (exclud ing emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and further
require its inclusi on in all lower tier subcontracts (excluding purchase
orders, rental agreements and other agreements for supplies or
services).
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible
for compliance by any subcontractor, lower-tier subcontractor or service
provider.
Form FHWA-1273 must be included in all Federal-aid design-bu ild
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 complia nce by any subcontractor, lower-tier
subcont ractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal
or request for proposal doc uments, however, the Form FHWA-1273 must
be physica lly incorporated (not referenced) in all contracts, subcontracts
and lower-tier subcontracts (e xcluding purchase orders , rental
agreements and other agreements for supplies or services related t o a
const ruction contract).
2 . Subject to the applicability criteria noted in the following section s,
these contract provisions shall apply to all work performed on the
contract by t he contractor's own organization and with the assistance of
workers under th e 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 fi nal payme nt, termina t ion of the contract ,
suspension I debarment or any other acti on 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 lim its of
a constructi on project on a Federal-aid highway unless it is labor
performed by convicts who are on pa role, supervised release, or
probation. The term Federal-aid highway does not include roadways
functiona lly classified as local roads or ru ral minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are appl ica b le
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
fo llowing 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 rel ated 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 C lause in 41 CFR 60-1.4(b) and,
for all construction contracts exceeding $10,000, t he Standard Federal
Equ al Employment Opportunity Construction Contract Specifications i n
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 contract ing
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 ame nded, 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 opportun ity
(EEO) requirements not to discriminate and to t ake affirmati ve action t o
assure equal opportunity as set forth under laws, executive orders, ru les ,
re gulations (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
cont ractor's project activities under this contract. The provisions of the
Americans wi th Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set
f orth 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 Federa l
Government to ensure that it has made every good fa ith effort to provide
equal opportunity with re spect to all of its terms and conditions of
employment and in their review of activities under the contract.
b. The contract or 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, relig ion, 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 ."
2. EEO Office r: The contractor will designate and make known to the
cont racting officers an EEO Officer who wil l have the responsibility for
and must be capable of effectively administering and promoting an
active EEO program and who must be assigned adequate authority and
responsibility to do so
A ug ust 12 , 2013
------~~~~~~~~~~~~~~~~~~~~~
Local Assistance Procedures Manual
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 w ill 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 th an once every six months, at which time the contractor's
EEO pol icy and its implementation wi ll 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
fo llowing their reporting for duty with the contractor.
c . All personnel who are engaged in direct recruitment for the
project will be i nstructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and w omen.
d . Notices and p osters 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 b rought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. R ecruitment: When advertising for employees, the contracto r will
inc lude in all advertisements for e mployees 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 no rmally be
derived.
a . The contractor w ill , unless precluded by a valid bargaining
ag reement, conduct systematic and direct recruitment through public
and private employee referral sources likely to y ield qualified
m inorities and w omen. To meet this requirement, the c o ntractor will
identify sources of potential minority group employees. and establish
with suc h identified sou rces procedures whereby m ino rity and
women applic ants m ay be referred to the contractor for employment
c onsiderati on.
b. In the event the co ntractor has a valid bargaining agreement
providing for exclus ive hir ing hall referrals , the contract o r is
expected to observe the provisions of that agreement to the extent
that the system meets the cont ractor's compliance with EEO
contract provisions. Where implementation of such an agreement
has th e effect of discriminating against minorities or women, or
obligates the contractor to do the same, such im plementation
violates Federal nondiscrimination provisions.
c . The contractor will encourage its present employees to refer
m inorities and women as applicants for employment. Information
and procedures with regard to referring such applic ants will be
d iscussed with employees.
5. Personnel Actions: Wages, working conditions , and employee
benefits s hall be established and administered , and personnel
a ctions 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 an d employee facilities do not
indicate discriminatory t reatment of project site personnel.
DLA-08 13-06
Ex hibit 12-G
R equired Feder a l-aid Con t r act La n g uage
b . The contractor will periodically evaluate the spread of wages
paid w ithi n each classification to determine any evidence of
discriminatory wage practices.
c . The contractor will period ically review selected personnel
actions in depth to determine whether there is evidence of
d iscrimination. Where evidence is found , the contractor will
pro mptly take corrective action. If the review indicates that the
d isc rimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d . The contractor will promptly investigate all compla ints of
alleged discrimination made to the contractor in connection with its
obligations under this contract, will attempt to resolve such
co mplaints, and will take appropriate corrective action within a
re asonable time. If the in vestigation indicates that the discriminat ion
m ay affec t persons other than the complainant, suc h corrective
action shall include su ch other persons. Upon completion of each
investigation , the contractor will inform every complainant of all of
thei r avenues of appeal.
6. T rainin g and Promotion:
a . The contractor will ass ist in locating, qualifyin g , and increasin g
th e 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
j ob classification involved.
b . Consistent with the contractor's wo rk force requ irements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and on-
the-job trai ning p rograms for the geographical area of contract
performance. In the event a specia l provision for tra ining is provided
under this contract, this subparag raph w ill be superseded as
indic ated in the special provision . The contracting agency may
reserve trai ning 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 trai ning programs and entrance
requirements for each .
d . The contractor will periodically rev iew the tra ining and
pro motion potential of employees who are m i norities and women
and will encourage eligib le employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions as
a source of employees, the contractor will use good faith effo rts to
obtain the cooperation of such un ions to increase opportunities for
minorities and women. Actions by the contractor, e ither directly or
through a co ntractor's assoc iation acting as agent, w ill 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 towa rd
qualifying more minorities and women for membership in the unio ns
and increasing the skills of m inorities and women so that they may
qualify for higher paying employment.
b . The contractor will use good faith efforts to incorporate an EEO
c lause into each union agreement to the end that such union will b e
contractually bound to refer applicants w ithout regard to their ra ce,
color, religion, sex, national orig in , 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
s uc h information is with in the exclusive possession of the labor
un ion and such labor union refuses to furnish such information t o the
contractor, the cont ractor shall so certify to the contracti ng agency
Page 9 of22
A ug ust 12,2013
Local Ass istance Procedures Manual
and s hall set forth wha t efforts have been made to obta in such
information.
d. In the event the union is unable t o provide the contractor with a
reasonable fl ow of referrals within t he time limit set f orth in the
collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill t he employment v acancies
without reg ard to race, colo r, rel igion, sex , nat ional origin, ag e or
disabil ity; m aking full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a un ion t o provide su fficie nt
referra ls (even t hough it is obligated to provide exclusive referra ls
under the t erms of a collective bargai ning agreement) does not
relieve the contractor from the requ irements of this paragraph . In
the event t he un ion referral practice pre ve nts the contractor from
meeting th e obligations pursuant to Executive Order 11246, as
amended, and these special provisions, s uch contractor sha ll
immediately notify the contracting agency.
8 . Reasonable A ccommodation for Applicants I Employees
with Disabilities: T he contractor must be fami liar with the
requirements for and comply with the Americans with Disabi liti es Act
and all rules and regulations established there under. Employ ers
must provide reasonable accommodat ion in all employment
activities unless to d o so would ca use an undue ha rdship .
9. Selection of Subcontractors, Procurement of Materials and
Leasi ng of Equipme nt: The contractor s ha ll not discrimi nate o n the
grounds of race , color, religion, sex, national orig in , age o r disability
in the select ion and retention of subcontractors, including
procuremen t of materials and leases of equipment. The contractor
shall take all necessary and reasonable steps t o ensure
nondiscrimination in the adm inistration of t his contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of the ir EEO ob li gations under this contract.
b. The contractor will use good f aith efforts t o ensure
subcontractor comp liance with their EEO obligations.
10. Assura nce Required by 49 CFR 26.13(b):
a. The requirements of 4 9 CFR Part 26 and the State DOT's U.S.
DOT-approved DBE program are in corporated by reference .
b. The contractor or subcontract or shal l not discriminate on the
basis of race , color, na t ional o ri gin , or sex in the performance of th is
contract. The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and admini stration of DOT-assisted
con tracts. Failu re by the contractor to carry out these requirements
is a material breach of th is contract, w hich may result in the
termination of this contract or such other remedy as the contracting
agency deems appropriate.
11. Records and Repo rts : The con tractor shall keep such record s
as necessary to document compliance with t he EEO requirements.
Such records shall be re tained for a period of three years following
the date of the f ina l payment t o the contractor for all contract work
and shall be available at reasonable t imes and places for inspection
by authorized repre sentatives of the contracting agency an d the
FHWA.
a. The records kept by the contract or sha ll document the
following :
(1) The nu mber and work hours of minority and non-min ority
group m embers and women employed in each work classification
on the p roject ;
(2) The progress and efforts being made in cooperati on with
uni ons, when applicable , t o i ncrease employment opportu nities for
minoritie s and women ; and
DLA-08 13-06
Exhibit 12-G
Required Federal-a id Cont ract Language
(3) T he progress and efforts being made in locatin g, h iring,
tra in ing , qua lifying , and upgrading m inorities a nd women ;
b . The co ntractors and subcontractors will submit an annual
report to th e contracting agency each Ju ly for t he duration of the
project, ind icati ng 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
Fom1 FHWA-139 1. The staffing data should represent the project
work force on board in all or any part of the last pa yroll period
preceding the end of July. If on-th e-job train ing is being requ ired by
special provision, th e contractor will be re q uired to collect an d repo rt
train ing data. T he employment data shou ld reflect the work force on
board during all or any part of the last payroll period precedin g the
end of J uly.
Ill. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-a id construction contracts
and to all relat ed construction subcontracts of $10 ,000 or more.
The contract or must ensure that faci lities provided for employees
are provided in such a manner that segregation on the bas is of race ,
color, rel igion, sex, or national origin cannot result. The contractor
may neither require such segregated use by written or oral po licies
nor tolerate such use by employee custom. T he contractor's
obligation extends further to ensure th at its employees are not
assigned to perform the ir services at a ny location , under the
contractor's control , where the facilities are segregated. T he term
"f acilit ies" includ es 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 enterta i nment areas, tra nsportation , and housing
provided fo r employees. The contractor shall provide separate or
single-user restrooms and necessary d ressing or sleeping areas to
assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to a ll Federa l-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirement s
apply to all proj ects located within the right -of-way of a roadway th at
is functionally c lassified as Federal-aid h ighway. This excludes
roadways functionally classified as local roads or rural minor
collectors, wh ich are exempt. Contra cting agencies may elect t o
apply these requirements t o other projects.
The following provisions are from th e U.S. Department of Labor
regulations in 29 CFR 5.5 "Contract provi sions and re lated matters"
with minor revisions to conform to the FHWA-1273 format and
FHWA program re qu irements.
1. Minimum wages
a . All laborers and m echanics employed or working upon the site
of the work , wi ll be paid unconditionally and not less often tha n once
a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are perm itted by regulati ons
issued by the Secretary of Labor under th e Copeland Act (29 CF R
p art 3)), the full amount of wages a nd bon a fide frin ge benefits (o r
cash equivalents thereof) due at time of pa yment computed at rates
not less than th ose contained in the wage determination of t he
Secretary of L abor which is attached hereto and made a p art hereof,
regardless of any cont ractual relations hip wh ich may be alleged to
exist between the contractor and such laborers and mechan ics.
Contribu tions made or costs reasonably anticipated for bona fide
fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on
Page 10 of22
August 12, 2013
Loca l Assis t a n ce Procedures M a nua l
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 t o
skill , except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be
compe nsated at the rate specified for each c lassification for the time
actually worked therein : Provided, That the employer's payroll
records accurately set forth the time spent in each classification i n
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 l imes 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 contra ct
shall be class ified 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:
(i) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(ii) T he classification is ut ilized in the area by the co nstruction
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 actio n taken shall be sent by the
contracti ng 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 con tracting officer
within the 30-day period that add itional time is necessary.
(3) In t he 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 amoun t designated for fringe benefits,
where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and t he
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 t he 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 th is contract from the first day on which work
is performed i n the classification.
DLA-08 13-06
Ex hibit 12-G
Re quired Feder a l-a id Contract La ng uage
c. Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefrt 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 equiva le nt 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 providi ng bona fide fringe benefits under a plan or
program , Provided, T hat the Secretary of Labor has found, upon th e
written request of the contractor, that t he applicable standards of t he
Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program .
2. Withho lding
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 contract or, 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 requ ired 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. Pa yrolls and ba sic r ecords
a. Payrolls and basic records relating the reto shall be maintained
by the co ntractor 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 p roviding 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 s uc h
benefits is enforceable, that the plan or program is financially
responsible, a nd 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, t he 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 ind ividually
identifying number for each employee ( e.g . , the last four digits of
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the employee's social security number). The required weekly payroll
information may be submitted in an y form desired. Optional F orm
WH-347 is available for this purpose from the Wage and H our
Division Web site at
http://www.d ol.gov/esa/whd/forms/wh347i nstr.h tm or its successor
site. The prime contractor is responsible for the submission of
copies of pa yrolls by all subcontract ors. Contractors and
subcontractors shall maintain the full social security number and
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 t he p ri me contractor for its own
records, without weekly submission t o t he 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 w ho pays or supervises the p aym ent of the persons employed
under the contract and shall certify t he following :
(i) That the payroll for the payroll period contains the
information required to be provided u nder §5.5 (a)(3)(ii) of
Regu lations, 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) Th at each laborer or mechanic (incl uding each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid th e full weekly wages earned,
without rebate , eit her directly or in directly, and that no
deductions have been made eithe r di rectly or indirectly from the
full wages earned, other t han permissible deductions as set forth
in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less
than the applicab le wage rates a nd fringe benefits or cash
equivalents for the classificat ion of work performed, as specified
in the applicable wage determination incorporated into t he
contract.
(3) T he weekly submission of a properly executed certification
set forth on the reverse side of Opt ional Form W H-347 shall
satisfy the requirement for subm ission of the "Statement of
Compliance" required by paragraph 3.b.(2) of this section.
(4) T he falsification of any of the a bove certifications may
subject the contractor or subcontracto r to civil or criminal
prosecut ion under section 1001 of title 18 and section 231 of title
31 of t he United St ates Code.
c. The contractor or subcontractor s hall make the records req uired
under parag r ap h 3 .a. of this section ava ilable for inspection,
copying, or transcri ption by authorized representatives of the
contracting agency, the State DOT, the FHWA, or the Department
of Labor, and sh all permit such representatives to interview
employees du ring working hours on the job. If the contractor or
subcontractor fai ls to submit the req u ired records or to make them
available, the FHWA may, after w ritten notice to the contractor, t he
contracting agency or the State DOT , t ake such actio n as may be
necessary to cause the suspension of any further payment,
advance, or g uarantee of funds . Furthermore, failure to submit the
required records upon request or to m ake such records available
may be grounds for debarment action p ursuant to 29 CFR 5.12 .
4 . Appre ntices and trainees
a. Apprentices (p rograms of t he US DOL).
DLA-OB 13-06
Ex hibit 12-G
Req u ired Fe d eral-a id Contra ct L a ng uage
Apprentices will be permitted to work at less than the p redetermined
rate for the work they performed when they are employed pursuant
to and individ ually registered in a bona fide apprenticeship p rog ram
registered with the U.S. Department of Labor, Employment and
T raining Administration , Office of Apprenticeship T ra ining , Employer
and Labor Services, or with a State Apprenticesh ip Agency
recognized by the Office, or if a person is employed i n his or her f irst
90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually reg istered in t he
program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship
Agency (whe re appropriate) to be eligible for probationary
employment as an apprentice .
The allowable ratio of apprentices to journeymen on the job sit e i n
any craft class ification shall not be greater th an the ratio perm itted 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 pa id not less than the applicable wage ra te 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 perm itted under the reg istered program shall be paid not
less than the applicable wage rate on t he wage determination for the
work actually performed. Where a contractor is performing
construction on a p roject in a locality other than that in which its
program is reg istered, the ratios and wage rates (expressed i n
percentages of t he journeyman's hourly rate) specified in the
contractor's or subcontractor's registered p rogram shall be
observed.
Every apprentice must be pa id at not less than the rate specified in
the registered prog ram for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified
in the appl icable wage determi nation. Apprentices shall be paid
fringe benefits in accordance with the p rovisions of the
apprenticeship program . If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amou nt of
fringe benefits listed on the wage determ in ation for the applicable
classification . If the Admin istrator determ in es that a different p ractice
prevails for the applicable apprentice classification, fringes shall be
paid in accordance with t hat determination.
In the event the Office of Apprenticesh ip T raining , Employer and
Labor Services. or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an app renticeship program, the
contractor wi ll no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed unt il
an acceptable program is approved.
b . Trainees (programs of the USDOL).
Except as provided i n 29 CFR 5.16, trainees w ill not be permitted to
work at less than the predetermined rat e 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 t he U.S . Department o f Labor, Employment and
Training Adm inistration.
The ratio o f t ra in ees to j ourneymen on t he job site shall not be
greater than permitted under the plan approved by the Employment
and Training A dministration.
Every trainee must be paid at not less than the rate specified in the
approved progra m for the trainee's level of progress, expressed as a
percentage of t he journeyman hourly rate specified in the applica b le
wage determination. T rainees shall be paid fringe benefits i n
accordance with t he provisions of the trainee p rogram. If the trai nee
program does not mention fringe benefits, trainees shall be paid the
full amount of fr inge benefits listed on t he wage determination
unless the Administrator of the Wage and Hour Division determines
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that there is an apprenticeship program associated with the
corresponding journeyman wage rate on t he wage determination
which provi des for less than fu ll fringe benefits for apprentices. Any
employee listed on the payroll a t 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 f or the classification of work
actually perfonmed. In addition, any t rainee performing work on t he
job site i n excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage ra te 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 t he applicable
predeterm ined rate for the work performed until an acceptable
program is approved.
c. Equal employment opportunity. T he 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 p art 30.
d. Apprentices and T rainees (prog rams of the U .S . DOT ).
Apprentices and tra inees 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 und er such programs will be
established by the particular prog ram s. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by t he
terms of the particular program.
5. Compliance w i th Cope land Act re quirements. The contractor
shall comply with the requirements o f 29 CFR part 3 , which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert Form
F HWA-1273 in any subcontracts and also require the subcontractors
to include Form F HWA-1273 in a ny lower tier subcontracts. The
prime contractor shall be responsible f or the comp liance by any
subcontractor or lower tier subcontractor with all the contract
clauses in 29 CFR 5.5.
7 . Co ntract t e rm i n atio n : deba rment. A breach of the contract
c lauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5 .12.
8. Compliance with Davis -Bacon and Relate d A c t re quirements.
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 conc erning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be s ubject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of
l abor set forth in 29 CFR parts 5, 6 , and 7. Disputes within the
meaning of t his clause include disputes between the cont ract or (or
any of its s ubcontractors) and the c ontracting agency, the U.S .
Department of Labor, or the employees or their representatives.
10. Certificatio n o f e ligibility.
a. By entering i nto this contract , the cont ractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in t he
contractor's finm is a person or firm in eligible to be awarded
OLA-OB 13-06
E xhibit 12-G
Required Fed e ral-aid Contrac t La ng uage
Government c o ntracts by virtue of section 3(a ) of the Davis-Bacon
Act or 29 C FR 5.12(a)(1 ).
b. No part of th is cont ract shall be s u bcontracted to any person o r
firm ineligible for award of a Government contract by virtue of
section 3(a) of t he Davis-Bacon Act or 29 C FR 5.12(a)(1 ).
c . T he 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 cont ract
in an amount in excess of $100,000 and subject to the overtime
provisions of the Contrac t Work Hours and Safety Standards Act.
These clauses s hall 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
tenms laborers and mechanics include watchmen and guards.
1. O vertime require m ents. No contractor or subcontractor
contracting for any part of the contract work which may requi re or
involve the employment of laborers o r m echanics shall require or
permit any such laborer or mechanic in any workweek i n 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 a ny violation of the clause set forth in paragraph (1.) of
this section , th e cont ractor and any s ubcontractor respo nsible
therefor shall be liable for the unpaid wages. In addition, such
contracto r and subcontractor shall be liable t o the United Stat es (in
the case of work done under contract for t he District of Columbia or
a territory, to such District or to such territ ory), for liquidated
damages. Such liqu idated damages shall be computed with respect
to each individual laborer or mechanic, includ ing watchmen and
guards, employed in violation of the clause set forth in paragraph
(1.) of this sect ion, i n t he sum of $10 for each calendar day on w hich
such individual was required or permitted to work in excess of t he
standa rd workweek of forty hours w ithout payment of the ove rt ime
wages requi red by th e clause set f o rth in paragraph (1 .) of this
section.
J. W ithholding for unpaid wages and l iqui dated damages. T h e
FHWA or the contacting agency shall upon its own action or upon
written request of a n 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 suc h contract or any other Federal contract with the same
prime contractor, or any other federally-assisted contract subject t o
the Contract Work Hours and Saf ety Standards Act, which is he ld by
the same prime contractor, such sum s as may be determined to b e
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liqu idated damages as provided
in the clause set forth in paragraph (2.) o f th is section.
4 . Subcontracts. T he contractor or sub contractor shall insert in any
subcontracts the clauses set f orth in paragraph (1 .) through (4.) of
t his section a nd a lso a clause req uiri ng t he subcontractors to in c lude
t hese clauses in any lower tier subcontracts. T he prime contracto r
shall be responsi ble for compliance by any subcontractor or lower
t ier subcontractor with the clauses set fort h in paragraphs (1.)
through (4.) of this section.
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-a id construction contra cts
on the National Highway System.
1. The contractor shall perform with its own organization contra ct
work amou nti ng to not less than 30 percent (or a greater percentage
if specified elsewhere in the contrac t) of t he tota l origina l contract
price , excluding any specialty items designated by the contracting
agency. Specialty items may be perfo rmed by s ubcontract 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 635.1 16).
a. The term "perform work w ith its own organization " refers t o
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 inc lude employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or an y other assignees. The term may include payments
for the costs of hi ring leased employees from an employee leasing
firm meeting all re levant Federal and State regu latory requ ireme nts.
Leased employees may only be included in this term if the prime
contractor meets all of the fo llowing 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 th e
payment of predetermined minimum wages, the submission of
payrolls, st atements of compl iance and all other Federal
regu latory requirements.
b. "Specialty Items" shall be construed to be lim ited to work that
requires highly specialized knowledge, abilities, or equipment not
o rd inarily available i n the type of contracting organizations qualified
a nd expected to bid or propose on the contract as a whole and in
general are to be limited to minor components of the ov erall
contract .
2 . The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of material
and manufactured products which are to be purchased or produced
by the contractor under the contract provisions.
3. T he contractor shall furnish (a) a competent superintendent or
supervisor who is empl oyed by the f irm, has full authority to direct
performance of the work i n accordance with the contract
requirements , and is in charge of all construction operations
(regardless of who performs the work) and (b) su c h other of its own
organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary t o assure the performance of the contract.
4 . No portion of the contract shall be sublet, assigned or otherwise
disposed of except w ith the written co nsent of the contracting officer,
or authorized representative, a nd such consent when given shall not
be construed to relieve the contractor of any responsib il ity for the
fulfillment of the contract. Written consent will be given only after
the contracting agency has assu red th at each subcontract is
evidenced in writing and that it contai ns all pertinent provisions and
requirements of th e prime contract.
5. T he 30% se lf-performance requirement of paragraph (1) is not
applicable to design-bui ld contracts; however, contracting agencies
may establi sh their own self-performance requ irements .
DLA-OB 13 -06
Ex hi bit 12-G
Req uired Federal-a id Contra ct Language
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federa l-aid construction contra cts
and to all related subcontracts.
1. In the performance of this contract the contractor shall comply
w ith all applicable Federal , State, and local laws governing safety,
health , and san it ation (23 C FR 635). The contractor shall provide all
safeguards, safety devices and protective equ ipment 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 t he safety of the public and t o
protect property in connection with the performance of t he work
covered by the contract .
2. It is a conditi on of this contract , and shall be made a condition of
each subcontract, which the contractor enters into pursuant to this
contract, that the contra ctor and any subcontractor shall not permit
any employee , in performance of the contract, to work in
surroundings or under conditions which are unsan itary , haza rd ous
or dangerous to his/her health or safety, as determined under
construction safety and health standard s (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 representat ive thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance wi th the construction safety and
health standards and to carry out the duties of the Secretary under
Section 1 07 of the Contract Work Hours and Safety Standards Act
(40 U.S.C .3704).
VIII. FALSE S TATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal-aid construction contracts
and to all related subcont racts .
In order to assure high quality and durable construction in
conformity w ith approved plans and specifications and a high deg ree
of reliability on statements and represen tations made by engineers,
contractors, suppliers, and workers on Federa l-a id highway projects,
it is essentia l that all persons co ncerned with the project perform
thei r fun ct ions as carefully, thoroughly , and honestly as possible.
Willful falsification , distortion, or misrepresentation with respect t o
any facts rela ted to the project is a violation of Fede ral law. To
prevent any misunderstandi ng regarding the seriousness of these
and similar acts, Form F HWA-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 w ith the
project:
18 U .S.C. 1020 rea ds as follows :
'Whoever, being an officer, agent, or em ployee of the United
States, or of any State or Territory, or wh oever, whethe r a person ,
associat ion, f irm , or corporation, knowin gly makes any false
statement, false representation , or false report as to the characte r,
quality, quanti ty, or cost of the material u sed or to be used, or the
quantity or quality of the work performed or to be performed , o r t he
cost thereof in conn ection w ith the s ubmission of plans, maps,
specifications, contracts, or costs of construction on any highway or
related project subm itted for approval to the Secretary of
Transportation ; or
Whoever knowingly makes any false statement, false
rep resentation, false report or false claim with respect to the
c haracter, qual it y, quantity, or cost of any wo rk performed or to b e
Page 14 of22
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Loca l Ass is tance Pro cedures Manual
performed, or materials furnished or to be furnished, in connection
with the constru ction 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 J uly 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, propose r, Federal-aid
construction contractor, or subcontractor, as appropriate, will be
deemed to have stipulated as follows:
1. That any person who is or will be utilized in the performance of
this contract is not prohibited from receiving an award due to a
violation of Section 508 of the Clean Water Act or Section 306 of t he
Clean Air Act.
2. That the contractor agrees to in clude 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 s uch requi rements .
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 approva l or that is
estimated to cost $25,000 or more-as defined in 2 CFR Parts 180
and 1200.
1. Ins tructions for Certification-Firs t Tier Participants:
a. By s igning and submitting this proposal, the prospective first
tier participant is providing the certification set out below.
b. T he inabil ity of a person to provide the certification set out
below will not necessarily result i n denia l of partici pation in this
covered transaction. The prospective first t ier part icipant s hall
submit an explanation of why it cannot provide the certification set
out below. T he certification or explanation will be conside red in
connection with the department or agency's determination whether
to enter into this transaction . However, fa ilure 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 transa ction. If it is later determined that
the prospective participant knowing ly rendered an erroneous
certification, in add ition to other remed ies available to the Federal
Government, the contracting agency may terminate th is transaction
for cause of default.
d . The prospective first t ier participant shall provide immediate
written notice to the contracting agency to whom this proposal is
DLA-OB 13-06
Ex hibit 12-G
Required Feder a l-a id Co ntract Language
submitted if any time the prospective first tier participant learns t hat
its certification was erroneous when submitted or has become
erroneous by reason of changed circu mstances.
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 T ier 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 T ransactions" refers to any covered t ransaction under a
First T ier Covered T ransaction (s uch 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 T ier Participant" refers any
participant who has entered into a covered tran saction with a First
Tier Participant or other Lower T ier Participants (such as
subcontractors and suppliers).
f . The prospective first tier participant agrees by submittin g t h is
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 th at it will incl ude the clause t itled
"Certification Regard ing Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions," provided by
the department or contracting agency, e ntering into th is covered
transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant i n 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 t he Excluded Parties List System website
(hups·//''""·epl s.govD, which is compiled by the General Services
Administration.
i. N othing contained in the foregoi ng shall be construed to require
the establishment of a system o f records in order to render in good
faith the certification required by this c lause. 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 knowing ly
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 E xclusion-First Tier Participants:
a. The prospective first tier participant certifies to the best of it s
knowledge a nd belief, that it and its principals:
Page 15 of22
A ug ust 12, 2013
Lo ca l Ass is ta nce P rocedures Manual
(1) Are not presently debarred, suspended , proposed for
debarment, declared ineligible, or vol untarily excluded from
participati ng in covered transactions by a ny Federal department or
agency;
(2) Have not within a three-year period preceding this proposa l
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection wi th
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-yea r period preceding this
application/proposal had one or more p ublic t ransactions (Federal,
State or local) terminated for cause or default.
b. Where the prospective participant is u nable to certify to a ny of
the stat ements in this certification, such prospective participant shall
attach an explanation to this proposal.
2. Instruc tio n s f or Certificatio n -Lo w e r Tier Pa rticipa nts:
(Applicable to all subcontracts, purchase orders and other lower t ier
transactions requiring prior FHWA approval or estimated to cost
$25,000 or m ore -2 CFR Parts 180 and 1200)
a. By s igning and submitting th is proposal, the prospective lower
tier is providi ng the certification set out below.
b. The certification in this clause is a material representation of
fact upon w hich relian ce was placed when this transaction was
entered into . If it is later determined that the prospective lower t ier
participant knowi ngly rendered an erroneous certification , in addition
to other remedies available to the Federal Government, the
department , o r agency with which th is t ransaction originated may
pursue ava ilable remedies , including suspensi on and/or debarment.
c. The prospective lower tier participant shall provide immediate
written notice t o 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,"
"ineligib le," "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 T ier Covered Transactions" refers to any covered transaction
between a grantee or subgrantee of Fede ral funds and a participant
(such as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered t ransaction under a First Tier
Covered Transaction (such as subcontracts). "First Tier Participant"
refers to the pa rticipant who has en tered into a covered transaction
with a g rantee or subgrantee of Federa l f unds (s uch as the prime or
general contractor). "Lower T ier Pa rticipant" refers any participant
who has entered into a covered t ransaction with a First Tier
Participant or ot her Lower Tier Participants (such as subcontractors
and suppliers).
e . The prospective lower tier participant agrees by submitt ing this
proposal t hat, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
t ransaction with a person w ho is debarred , suspended, declared
ineligible , or voluntarily excluded fro m participation in th is covered
DLA-OB 13-06
Ex hibit 12-C
R equire d Fe de r a l-a id Contract La n guage
transaction, unless authorized by the d epartment or agency with
which this tra nsact ion originated.
f. The prospective lower tier participant further ag rees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment , Suspension , Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transac tion ," w ithout
modification, i n all lower tier covered t ransactions 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 lowe r tier covered
transaction that is not debarred, suspended , ineligible , or voluntarily
excluded from t he 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 principa ls, 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
(htt ps://www.cpls,govD . which is compiled by the General Services
Administration.
h . Nothing contained in the foregoing shall be construed to req ui re
establishmen t of a system of records in order to render in good faith
the certification requ ired by this clause . T he knowledge and
information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except fo r transactions authorized under paragraph e of these
instructions, if a participant in a covered tr ansaction knowingly
enters into a lower tier covered transaction w ith a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in t his transaction , in addition to other remed ies
available to the Federa l Government, the department or agency w ith
which this transaction originated may pursue available remedies,
including suspension and/or debarment.
Certificatio n Regarding De b arment, Sus p e nsion , Ineligibility
and Vo l u ntary Exclus i o n--L ower Tier Participan ts:
1. Th e prospective lower tier participant certifies , by submission of
th is proposal, that ne ither it nor its principals is presently debarred ,
suspended, p roposed for debarment, declared ineligible, or
voluntarily excluded from participating i n covered tr ansactions by
any Federal department or agency.
2. Where the prospective lower tier pa rticipant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XI. C ERTIFI CATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provis ion is applicable to all Federa l-a id 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 pa id or wi ll be paid,
by or on behalf of the u ndersigned , to any person for influencing or
attempting to infl uence an officer or employee of any Federal
agency, a Member of Congress , an officer or employee of Cong ress,
or an employee of a Member of Congress in connection with the
P age 16 of22
A ug ust 12 ,2 0 13
------------------------------------
Loca l Ass is tance Procedures M a nua l
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 cont ract,
grant, loan, or cooperative agreement, the undersigned s hall
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance wit h its instructions.
12. FEMA L E A ND MION ORITY GOA L S
Exhibit 12-G
R equired Fed e r a l-aid Contract L a ng uage
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 t his 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 f ailure.
3 . The prospective participant also agrees by submitting its bid o r
proposal that the participant shall require that the language of this
certification be included in all lower t ier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
To comply w ith Section 11 , "Nond iscri m i nat ion," of "Required Cont ract Prov is io ns
Federal-Aid Con struction Contracts," t he following a r e goals for fema le and minority
uti l ization goals fo r Federal-aid construction contracts and subcontracts th at exceed
$10,000 :
T h e nat ionwide goa l fo r female ut i li zatio n is 6.9 percent.
The goals for mino rity util ization [ 45 Fed Reg 65984 (1 0/311 980)) are as fo ll ows:
DLA-OB 13-06
Page 17 of22
A ug us t 12 ,2013
MINORITY UTTLTZA TTON GOALS Economic Area Goal
(Perce nt)
Reddin g CA:
174 Non -SMSA (Sta ndard Metropolitan Sta tist ica l Area) Co untie s: 6.8
CA Lassen; CA Modoc; CA Pl umas; CA Shasta ; CA Siskiyou; CA Teha ma
Eu reka, CA
175 Non -SMSA Counties: 6.6
CA De l Norte; CA Hu mbo ldt; CA Trinity
San Franci sco-Oak land-San Jose, CA:
SMSA Counties:
7 120 Sa linas-Seasid e-Mon terey, CA 28.9
CA Monte rey
7360 San Francisco-Oakla nd 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 Cru z, CA
CA Santa Cruz 14.9
7500 Santa Rosa
CA Sonoma 9.1
8720 Vallejo-Fai rfi eld-Napa, CA
CA Napa; CA Sola no 17.1
1\on-SMSA Countie s:
CA Lake; CA Mend ocino; CA Sa n Ben ito 23.2
Sac ramento, CA:
SMSA Coun ti es:
177 6920 Sacramento, CA 16.1
CA Pl acer; CA Sacramento; CA Yolo
Non -SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dora do; CA Glenn; CA Nevada; CA Sierra; CA Su tter; CA Yuba
Stoc kton-Modesto, CA:
SMSA Counti es:
5 170 Modesto, CA 12.3
17 8 CA Stanislaus
8 120 Stockton , CA 24.3
CA San Joaquin
Non -SMSA Coun ties 19.8
CA Alp ine; CA Amador; CA Calaveras: CA Mariposa; CA Merced; CA Tuol umne
Fres no-B akersfield , CA
SMSA Counties:
0680 Bakersfield , CA 19.1
179 CA Kern
2840 Fresno, CA 26.1
CA Fresno
Non-SMSA Countie s: 23.6
CA Kings; CA Madera; CA Tulare
Lo s Angeles, CA:
SMSA Counties:
0360 Ana heim -Santa Ana-Garden Grove , CA 11.9
CA Orange
4480 Los Ange les -Lon g Beac h, CA 28.3
CA Los Ange les
180 6000 Oxnard-Simi Va ll ey-Ven tura, CA 2 1.5
CA Ven tu ra
6780 Ri vers ide -San Bernardi no-On tario, CA 19.0
CA Ri ve rside; CA San Bern ardin o
7480 San ta Barb ara-Santa Maria-Lompoc, CA 19.7
CA Santa Barbara
No n-SMSA Co untie s 24.6
CA lnyo; CA Mono; CA San Lui s Obispo
San Diego, CA:
SMSA Countie s
181 7320 San Diego , CA 16.9
CA San Diego
No n-SMSA Counties 18 .2
rA lmnPrillf
Pa e 18 of2: g
DLA-OB 13-06 Aug u st 12, 2013
For each Jul y during whi c h work is p erform e d under the contract, you and each non
m ate rial-s upplier subcontractor with a s ub co ntract of $10,000 o r more must complete
Form FHWA PR-1391 (App endix C to 23 CFR 230). Submit the forms b y Augu st 15.
13. FEDERAL TRAINEE PROGRAM
For th e Federal training prog ram , the number of t rainees or a ppren tices is ___ _
This secti o n appl ies if a numbe r oftrainees or apprenti ces is specified in th e special
provis ion s .
As prui of yo ur equ al op poti unity affirmati ve action program, provide on-the-j ob training
to d evelop full journeymen i n the types of trad es or job classifications invo lved.
You have primary r espons ibility for m eetin g this training requ irement.
If you s ubcontract a contrac t p art, d e te rmine how many t rain ees o r apprentices ru·e to be
trained by th e s ubcontractor.
In c lud e these training req uirem e nts in yo ur subcon tr act.
Where feasi ble, 25 percent of apprenti ces o r train ees in each occupa ti on must be in t h eir
1s t yea r of apprentices hip or tra ining.
Distribute the numbe r of appre ntices o r tra in ees am ong the wo rk cl ass ifications on t he
bas is of y our n eed s and the availabili ty of j o urneymen in the vari ous c lass ifications w ithin
a reasonabl e recruitment area.
Before starti n g work, s ubmit to the City/Co unty of ___ _
1. N umbe r of appre nt ices or trainees to be train ed for each c lass ifi cati on
2. Traini ng program to be used
3 . Training starting d a te for each classification
Obtain the C ity/County's of approval for thi s s ubmitted in formatio n b efore
you s trui work. The C ity/Co unty of c red its you for each appr e nti ce or trainee
yo u employ on the work who is cu rr e ntly enro ll e d or becomes e nro ll e d in an approved
program .
The primary o bj ecti ve of this section is to train and upgrade minoriti es and wom en toward
journeym e n status. Make every effort t o enro ll minority a nd wo men apprentices or
tra inees, s uch as conducting systemati c and di rect recruitm e n t through public and p ri vat e
sources like ly to yie ld minority and women a ppre nti ces or tra inees, to the extent th ey are
avai lable w ithin a reason a bl e r ecruitment area. Show that you have m a de the efforts. In
m aking these efforts, do not discriminate against any applicant for trai ning.
Do not e mploy as an appre nti ce or tra inee an e mp loyee:
1. In any classification in whi ch the employee has s uccessfull y completed a tra ining
course leading t o journeyman status o r in whic h the e mpl oyee has b ee n e mployed
as a JOUrneym an
2. Who is not regi stered in a program appr oved by the US D epartment of Labor,
Bure au of Apprenticeship and Training
Page 19 of22
DLA-OB 13-06 Aug ust 12,2013
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 s how the
employee's answers to the questions.
In your training program, establi sh the minimum length and training type for each
class ifi cation . T he City/County of and FHW A approves a p rogram if one of
the following is met:
1. It is calculated to:
• Meet the your eq ual employment opportunity r espon s ibilities
• Quali fy the average apprentice or trainee for journeyman status in the
classification involved by the end of the training period
2. It is registered wi th the U.S. Departmen t of Labor, Bureau of Apprenti ceship
and Training, and it is administered in a way consistent w it h the equal
empl oyment respons ibilities of Federal-aid hi ghway constructi on contracts
Obtain th e State's approval for yo ur trainin g program before you start work involving
the c lass ification covered by th e program.
Provide training in the constru ction crafts , not in clerk-typ ist or secretarial-type
positions. Trai nin g is all owed in lower l evel m anagement positions s uch as office
engineers, estimators , and timekeepers if the training i s oriented toward construction
appl ications. Training is allowed in the laborer class ification if significant and
meaningful training is provided and approved b y the divi sion office . Off-site training
is a llowed if the training is an integral part of an approved t raining p rogram and does
not make up a sign ificant part of the overall training.
The City/County of reimburses yo u 80 cents per hour of tra ining given an
employee on thi s contract under an approved traini ng program:
1. For o n-si te training
2. For off-s ite training if the apprentice or trainee is currently empl oyed on a
Federal-aid project and you do at least one of the follow ing:
• Contribute to the cost of t he trainin g
• Provide the instruction to the app ren tice or tra inee
• Pay the apprent ice's or trai nee's wages dming th e off-site training period
3. If you compl y thi s section.
Each apprentice or trainee must:
1. Begin training on th e project as soon as feas ible after the start of work
invol ving the apprentice's or trainee's ski ll
2. Remain o n the project as l ong as training opportunities exist in the apprentice's
or trainee's work c lassifi cation or until the apprentice or trainee has completed
the training program
Furnish the apprentice or trai nee:
1. Copy ofthe pro g ram you will comply with in providing the training
2. Certification sho w ing th e type and length of tra in ing satisfactorily completed
14. TITLE VI ASSURANCES
Page 20 of22
OLA-OB 13-06 August 12 ,2013
During the performance of thi s Agreement, the contractor, fo r itself, its assignees and
s uccessors in interest (herei nafter collectivel y referred to as CONTRACTOR) agrees
as follows:
(1) Com pliance w ith Regul ation s: CONTRACTOR sh a ll comply w ith the regulat ions
relative to n ond iscrimination in fed erally assisted programs of the D epartment of
Transportation, Title 49, Code of Federal Regulations, P art 21, as they may be
amended fro m time to time, (hereinafte r referred to as the REGULATIONS),
w hi ch are he rein incorporated by referen ce and m ade a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, w it h regard to the work performed by it
during the AGREEMENT, s h a ll not d iscriminate on the grounds of race, color,
sex, national origin, religion, age, or dis abil ity in th e selection and retention of
sub-applicants, including procmeme nts of materi a ls and leases of equ ipment.
CONTRACTOR shall not participate e ither d irectly or indirectly in the
di scrimination prohibited by Section 21 .5 of th e Regu lations, including
employment practices when th e agreement covers a program set forth in Appendix
B of the Regulations.
(3) Soli c itations for Sub-agreement s, In c ludin g Procurements of Material s and
Equipment: In a ll sol ic itation s e ither by competitive bidding or negotiation made
by CONTRACTOR for work to be performed under a Sub-agreement, i ncludi ng
procurements of materials or leases of equ ipment , each potenti al sub-applicant or
s upplier s ha 11 b e no ti fied by CONTRACTOR of t he CONTRACTOR'S
obligations under this Agreem ent and the R egul ations relative t o
nondi scrimination on the g round s of r ace, co lor, or nationa l origin.
(4) In fom1 ation and Reports: CONTRACTOR s ha ll provide a ll infom1ation and
re ports required by the Regulations, or d irectives i ssued purs uant thereto, and shall
permit access to its books, records, accounts, oth er sources of information, and its
facilities as may be determined by the Califomia D epattme nt of Transportation or
FI-IWA to be pertinent to ascertain compliance w ith such R egu lations or directives.
Where any infotmation r equired of CONTRACTOR is in the exclusive p ossession
of another who fails or refuses to furnish this information, CONTRACTOR sha11
so certify to the Califomia Department of Tra n sportation or the FHW A as
appropriate, and s hall set forth what effort s CONTRACTOR has mad e to obtain
the information.
(5) Sanctions for Noncompli ance: In the event of CONTRACTOR's noncompliance
wi th the nondiscri minati on provis ions of thi s agreement, the Californ ia
D epartment ofTransp01tation s ha11 impose s uch agreement sanctions a s it or the
F H WA may d e termine to be appropri ate, inc luding, but not limited to:
(a) withho lding of payments to CONTRACTOR und er the Agreem ent within a
reasonabl e period of time, n ot to exceed 90 days; and/or
(b) cancell ati on, t ermination or s uspen s ion of the Agreement, in whole or in pa1t.
(6) In corpo rati o n of P rovi s ions : CONTRACTOR s h all include the provi sions of
paragraph s (1) thro ug h (6) in every sub-agreement, includin g p rocurements of
material s and leases of equipme nt, unless exempt by the Regu lations, or directives
issued pursuant thereto.
Page 21 o f22
DLA-OB 13-06 August 12, 2013
CONTRACTOR s ha ll take s uch action w ith resp ect to any s ub-agreement or
procurem ent as th e Califo rni a De partme nt ofTra n sporta ti o n o r FHWA may direct as a
mean s of e nforcin g s uch provisions including sanctions for noncompliance , provid e d ,
ho wever, that, in the event C ONTRACTOR becomes in volved in, or is threatened
w ith , litigation w ith a s ub-applicant o r s uppli e r as a result of s uc h direction ,
CONTRACTOR may re quest the Cal ifornia D epartment ofTranspmtatio n e nte r into
s uc h liti gati on to protec t the interests of the State, and, in add iti on , CONT RACTOR
m ay req uest the U nited S ta tes to enter into s uch liti gati on t o protect the interests of the
Un ite d States.
Page 22 of22
DLA-OB 13-06 August 12,2013
Loco I Assis luncc Procedures Manual EXIIIBIT 17-F
Final Rcpo rt-Uiili7Ji tio n o f Ojsad van!Jiged Bus in ess Ente rprises (DBE), Fi rs t-Tie r u bcontracto rs
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
FINAL REPORT-U TILIZATION OF DIS ADVANTAGED BUSINESS ENTERPRISES ADA Notice
(DBE), FIRST-TIER SUBCONTRACTORS OI~W1thtenl(lf)'doNbtl•t4'$ tn~•docunentrs.vadable•nllft~f~ F"ainfQm'\llttonCIIIJ
1$)~t0or TOO (916}654-3880 0t W1'1tt Recotdl M'ICI Fotms MII'\IIQtmtnl 11 20 N StrMt M$..8~
acramer~to, CA 958 1 .c.
CEM·2•02F I REV 02120011
CONlTRACT NUMBER I COUN TY I ROUTE POST MILES FEDERAL AID PROJECT NO ··1 ADMINISTERING AGENCY 1 1 CONTRACT COMPLETION DATE
PRIME CONTRACTOR BUSINESS ADDRESS 1 ~STIMATED CONTRACT AMOUNT
DESCRIPTION OF CONTRACT PAYMENTS 1
ITE WORK PERFORMED COMPANY NAME AND OBECERT.
M AND MATERIAL BUSINESS ADDRESS NUMBER NON-DBE OBE DATE WORK
NO PROVIDED COMPLETE
s s
$ s
s s
s s
s s
s s
s s
s s
s $ -s s
s $
s s
ORIGINAL COMMITMENT
s TOTAL s s
OBE
list aD fht."llor su-..-Kt ... , Dilodoontogod ~sin ... EntlfP'Iwt (DilEo I ,_.... oflitr, wllelher Of not tho rumo--otlglndy htod ,., goo! crtdlt. r •ctu•l D8E vtilizllloll (01' .....
ol~w11 diff-tlllo• that ..,_.d at time of.....,,.,.._ c.....,ll.,. badt of 1om. LIJI.actlW ..,_.. pold lo Ndl ent.ty.
I CERTlFY THAT THE ABOVE INFORMATION IS COMPLETE ANO CORRE CT
CONTRACTOR REPRESENTATIVE'S I BUSINESS PHONE NUMBER SIGIIIATURE
TO THE BEST OF MY INFORMATION AND BELIEF THE ABOVE INFORMATION IS COMPLETE ANO CORRECT
RESIDEN T ENGINEER'S S IGNATURE
OLA-OB 13-06
Ori1hul O.t~na C4HIIIl"'ICUUOI
~; ... ,.()una Local Asti~ ~!Mtl' ,_, __ .... _off-
T BUSIN ESS PHONE NUMBER
I
Ct l))• U_.tiftflf LMtfpnM ~otf'lll
C·)· Dl'\UXt Local A\~\t.MCt! hpNC"t'
C•rr-C'V'It,...Of
C-.r·Local~fll('
Aug ust 12,20 13
DATE OF FINAL PAYMENT
I DATE
I DATE
Pnj!e 23 o f22
-------------------------------------------
EXHIBIT 17-F Local Ass ista nce
Procedures Manual
Final Report-Utilization of Disadvantaged Business E nterprises (DBE), F irs t-Tier Subcontractors
FINAL RE PORT -UTI LIZATION OF
DI SA D VANTAGED BUSINESS
ENTERPRISES (DBE), FI RST-TI ER
SUBCO TRACTORS
CEM 2402(F) (Rev. 02/2008)
The form req uires sp ecifi c information regard in g the con struc ti on proj ect: Contract
N umber, County, Route, P ost Miles, Federal-a id Project No., t he Adminis terin g
A gency, t he Contract Comp letion Da te and t he Es tim ated Contract Amount. It
requires th e prime contracto r name and bu sin ess address . T he foc us of th e form is to
describe w ho did w ha t by contract ite m number and descript io ns, asking for specific
do ll ar values o f item work complet e d broken down by s ubcontract o rs w ho
per fo rm ed t he wo rk both DBE and non-DBE work forces. DBE prime con tr ac tors
are require d to show th e date of work performed by th e ir own forces a lo ng w ith th e
co rresponding do llar value of work.
The form has a colu mn to e nter the Contract Ite m No. (or It em No's) a nd d escript ion of
work p e rformed or materia ls p rovid ed , as well as a column for the s ubcontractor name
and bu siness address. For those fi rm s w ho ar e DBE, there is a colu mn to ente r the ir
DBE Certifi ca ti o n N umber. The DBE s hou ld provide t he ir certificatio n number to th e
contracto r and n o tify the con tractor in writin g w ith th e date of th e d ecertificat io n if t he ir
sta tu s sho uld change during the co urse of the proj ect.
T h e f01m has six co lumns for th e dollar value to be entered fo r th e item work pe rformed
by t he s ub contractor.
T he Non-DB E col umn is used to e nte r the d o ll ar valu e of work performed for
firm s who are n o t cert ifi e d
DBE .
T he d ecis io n of w hi c h colu mn to be u sed for e nte ring th e DBE dollar va lu e
is based on wha t p rog ram(s) s tatu s th e fi 1m is certified. Thi s p rogram sta tus
is d et ermined b y th e Californi a U nifi e d Certificati o n Progr a m by ethnicity,
ge nder, owners hip, and contro l issues a t time of certificati on . To confi1m
the certificati on sta tus a nd program status, access the Departme nt of
Transportatio n Civil Ri ghts web site a t: http://www.dot.ca.gov/hq/bep o r by
ca lling (9 16) 324-1700 or t he toll fr ee number at (888) 8 10-6 346.
Based on thi s DB E Progr am status, th e fo ll owing ta bl e d ep icts which column
to be used:
Column to be used
ram sta tu s shows DBE o nl w ith no othe r DBE
Page 24 o f22
DLA-OB 13-06 August 12, 2013
If a contractor performing wo rk a s a DBE on the project becomes decertified and
s ti II pe rforms work after th e ir decertification da t e, enter the total dollar value
pe rformed b y this contractor under the appropriate DBE identifi cation co lum n.
I f a contractor performing work as a non-DBE on th e project becomes certified as a
DBE, enter the dol lar va lu e of a ll work performe d after certification as a DB E
und e r the appropriate ide ntifi cation colu mn.
Enter the total of eac h of the s ix co lumns in Form CEM-2402(F).
Any changes to DBE certifica tion mus t a lso be s ubmitted on Form-CEM 2403(F).
E nter the Date Work Completed as well as the Date of Final Payment (the date when the
prime contractor made the
"fin a l payment" to the s ubco ntrac tor for th e p o rti o n of work li s ted as be in g completed).
The contractor a nd the resid e nt e ng in eer s ig n a nd date the f01m indicating th at the
information provided is complete a nd con·ect.
Page 17-22
J uly l , 20 12
DLA-OB 13-06
Page 25 of22
LPP 09-0
August 12, 2013
L ocal A ss iswn cc l>r occ durcs M nnual EX HIBIT 17-0
D isadvn n tnj!cd 13us incss Ente r p r ises (D B E) C ertificatio n Status C ha nge
E X IIIBIT 17-0 DtSA DVAl'ITAGE O B US 11'\ESS E i'IT ERPRI SE (DBE) CEilTI FI CA TI O N S T ATUS C H A1'\GE
STATEOfCAIIIOR,_IA I>I.PARTMf'{l OF TRANSI"'RTATION
CP-CIOM-2~03(1') ("'e" IOIQQI
CO'\IRACT NUMlll R I COUNTY I ROUT!' POST MILES I AO'I.II'IISlfRI'1GAGE~CY CONTRACT COM PI t;fiO'IIJ;\ II
PRL\1E CONTRACTOR BUSL'IESS ADDRESS ESTIMATED CONTRACT AMO\Jl\1
Pri-CIJIIIraaor: Uff all DB& •·Ill• ~hang-sin unijkatio11 status (~urifi~dldecerrifi~d) k'hil~ In )'IJUr entpiiJ)'. "'h..rMr IJr not firnl$ •·tu originally lisr~d for good ~r~diL
Ana~h DBE nrriflcarion!Dectrtifkatlnn l..rur In a~ordann •·ith tlu Special Pt'(fl·isitJns
CONTRACT ~Uil('()NTRAC'I NA \11' A 'lD llUSINI c;c; Cl R Ill !CATION NtJMilfR AMOIJJ\1 PAID WHILE
I'll \1NO BlJSINES'\ ADDRESS PilON I CERTIFIED
s
s
s
s
$
s
$
s
$
Comments
CO!I.'TRACTOR REPREsL'<TA II VI SIC,,ATURF
I CERTIFYTIL-\TTIIEABO\'£ I.WOR \1 \TIO'\ I$CO\II'LEH •. \'\O COR Kt.C'I
lfiLE llllJSNESS PHOXE 1\U\1BER
l 'OTIIE II ESTOF \1 \' KSOWLEOCE. 'nt E \!lOVE 1'\f O I!\I -\1 10 \ IS C O\II'LE;I EA;\1) C ORRECT
RE!>IDI VI LNGINLLR I ULSINLSS PIIONE NUMBER
Di~lrihulinn On gmnl oop\ ·DI AE . 0 ' Cop) -I) Uustness ~n1crpnse I ~m 2) Pnme Comoe1or >)Local Agen") 4) Res 1dcn1 tng1necr
DLA-OB 13-06 August 12,20 13
CERTIHCA rtO'll
DECFR IIHCAliO'l
DAII·
L<ncr onochcd
DATE
D1\TE
Page 26 o f 22
EX HIBIT 17-0
Proced ures Manual
Di sadvantaged Bus in ess E nterprises (DB E) Certification Status C hange
Fo rm C P-CEM 240 3(F) (New I 0/99)
Local Ass is tance
DI SADVAN TAGED B US INESS ENTE RPRJSES (DBE) C HANGE IN CE RTI F IC ATI ON
STATUS REPORT
The to p o f t he fo rm requ ires s pec ifi c info rmatio n regard ing th e constru c t io n project: Contract
N um ber, County, R o ute, Post M il es, the Adminis te ring Agency , th e Contract Comple ti on D a te,
and the Estim a ted Contract A mo u nt. It requ ires the Prime Contractor's na me a nd Bus in e ss
Address. T he focus of th e form is to s ubs tanti ate a nd veri ty t he ac tual DB E d o ll ar a mo unt pa id
to con tracto rs o n fede ra ll y fu nded proj ect s that had a c ha nged in Certifi cati o n s ta tu s during th e
cou rse of the comp le ti on of the contrac t. The t wo s ituatio ns th at are be in g addressed by C P-
CEM 2403(F) a re, if a firm certi fi e d as a D BE a nd d o in g work o n t he con t ract d urin g the
course of the proj ect becomes Decertifi ed , a nd if a non-DB E firm do ing work o n the contract
duri ng the course o f the project becomes Certifi ed as a DBE .
Th e form has a co lumn t o e nter the Contract It em o (or It e m Nos.) a s we ll a s a column for t he
S ubcontrac to r 's
Name, Busi n ess Address, Bus in ess Pho ne, and contracto r's C ertificati o n N um ber.
The co lumn e ntitle d Amo unt Paid Whi le Certi fi ed w i ll be used to e nt e r the ac t ua l do l la r va lue
of the work pe rfo rm ed by those contracto rs who meet t he conditi o ns a s o utlin e d above duri ng
t he tim e pe ri o d th ey are Certified as a DB E. T hi s col umn o n th e C P-CEM -2 403(F) s ho uld o nl y
re fl ect the d o ll ar va lue of work pe rfo rm ed w hi le the firm was Cer t ifi e d as a DB E.
T h e co lumn cal led Certificati on/Decertifi cati on Da te (Letter attac he d ) w ill re flec t e it he r the date
o f the D ecertification Le tte r sent o ut by the C ivi l Ri g hts Program o r th e date o f t he Cer tification
Certifi cate mailed out by t he Civil Ri g hts Progra m . T he re is a b ox to c heck th a t s u ppo rt
docume nt a ti o n is a ttached to the C P-CEM -240 3 (F) f o rm.
Th e re is a Comments secti on for a ny add it io nal in fo rma ti o n that m ay need to be provided
regardin g any of the above transacti o ns.
Th e CEM-240 3(F) ha s a n a rea at the b o tto m w here t he Contractor a nd the Re s id e nt Eng ineer
s ig n a nd d a te that the info rma ti o n prov id ed is comp le te and correct.
Th e re is a Comm e nts secti o n for a ny a dditi o na l informati o n that m ay need to be provided
regarding any of th e a bove tran s actio ns .
Th e CEM -2403(F) has a n ar ea a t t he botto m w he re th e Contractor and the Re s id e nt E ng inee r
s ig n a nd d a te that t he info rma ti o n provid ed is complete and correc t.
General Decision Number : CA130033 11/15/2013 CA33
S u perseded General Decision Number : CA20120033
State : California
Construction T ypes : Building , Heavy (Heavy and Dredging) and
Highway
County : Los Angeles County in California .
BUILDING CONSTR UCTION PROJECTS ; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publicat ion Date
0 01/04/2013
1 01/11 /2 013
2 03/01 /2 013
3 03/08/2013
4 03/22 /2 013
5 04/12 /2 013
6 05/10 /2013
7 05/31 /2 013
8 07/05 /2 013
9 07/19 /2013
10 08/09 /2013
11 08/23/2013
12 08/30 /2013
13 09/06 /2 013
14 09/13 /2013
15 09/20 /2013
16 09/27 /2013
17 10/04/2013
18 11/15 /2013
ASBE0005-002 07/01/2013
Rates
Asbestos Workers /Insulator
(Includes the a pp lication of
all insulating materials ,
protective coverings ,
coatings , and f inishes to all
types of mechanical systems) ..... $ 34 .51
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations i n walls ,
floors , ceilings and curtain
walls) ........................... $ 24 .34
ASBE0005-004 06/24/2013
Rates
Fringes
18 .55
16 .09
Fringes
Asbestos Remova l
worker/hazardous material
handler (Includes
preparation , wetting ,
stripping , removal ,
scrapping , vacuuming , bagging
and disposing of all
i nsulation materials from
mechanical systems , whether
they contain asbestos or not) .... $ 16 .95
BOIL0092-003 1 0/01/2012
Rates
BOILERMAKER ...................... $ 41 .17
* BRCA0004-007 0 5/01/2013
Rates
BRICKLAYER ; MARBLE SETTER ........ $ 37 .16
10 .23
Fringes
28 .27
Fringes
12 .85
*The wage sca l e for prevailing wage projects performed in
Blythe , China lake , Death Valley, Fort Irwin , Twenty-Nine
Palms , Needles and 1-15 corrid or (Barstow to the Nevada
State Line) wil l be Three Dol lars ($3 .00) above the
standard San Bernardino/Riverside County hourly wage rate
BRCA0018-004 0 6/01/2012
Rates
MARBLE FINISHER .................. $ 27 .04
TILE FINISHER .................... $ 22 .37
TILE LAYER ....................... $ 33 .55
BRCA0018-010 09/01/2011
Rates
TERRAZZO FINIS HER ................ $ 26 .59
TERRAZZO WORKER/SETTER ........... $ 33 .63
CARP0409 -001 07/01/2010
CARPENTER
(1) Carpenter , Cabinet
Installer , Insulation
Installer , Hardwood Floor
Worker and acoustical
Rates
installer ................... $ 37 .35
(2) Millwright .............. $ 37 .85
(3) Piledrivermen/Derrick
Fringes
10 .66
9 .19
13 .55
Fringes
9 .62
10 .46
Fringes
11 .08
11 .08
Bargeman , Br idge or Dock
Carpenter , Heavy Framer ,
Rock Barg e ma n or Scowman ,
Rockslin g e r , Shingler
(Commercial) ................ $
(4) Pneuma t ic Nailer ,
Power Stapler ............... $
( 5) Sawfiler ............... $
(6) Scaffold Builder ....... $
(7) Table Power Saw
Operator .................... $
37 .4 8 11 .08
37 .60 11 .08
37 .44 11 .08
28 .55 11 .08
37 .4 5 11.08
FOOTNOTE : Wor k of forming in t he construction of open cut
sewers or storm drains , on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre-drilled holes , for that port i on of a lagged
trench against which concrete is poured , namely , as a
substitute for back forms (which work is performed by
piledrivers): $0 .13 per hour additional .
CARP0409-002 07 /01/2008
Rates
Diver
(1) Wet ..................... $ 663 .68
(2) Standby ................. $ 331.84
(3) Tender .................. $ 323 .84
(4) Assistan t Tender ........ $ 299 .84
Amounts in "Rates ' column are per day
CARP0409 -005 07 /01/2010
Rates
Drywall
DRYWALL INSTALLER/LATHER .... $ 37 .35
STOCKER/SCRAPPER ............ $ 10 .00
CARP0409 -008 08/01/2010
Rates
Modular Furnitur e Installer ...... $ 17 .00
ELECOOll -004 07 /29/2013
ELECTRICIAN (I NS I DE
EL ECTRICAL WORK )
Rates
Journeyman E lectrician ...... $ 38 .60
ELECTRICIAN (INTELLIGENT
T~NSPORTATION SYSTEMS Street
Lighting , Traffic Signals ,
CCTV ,and Undergr ound Systems)
Fringes
9 .82
9 .82
9 .82
9 .82
Fringes
11 .08
6 .67
Fringes
7 .41
Fringes
24 .73
Journeyman Transportation
Electrician ................. $ 38 .35
Technician .................. $ 28 .76
FO OT NOTE :
24 .97
24 .68
CABLE SPLICER & INSTRUMENT PERSON : Recieve 5 % additional per
hour above Journeyman Electr i cian basic hourl y rate .
TUNNEL WORK : 10% additional per hour .
SCOPE OF WORK -TRANSPORTATIO N SYSTEMS
ELECTRICIAN :
I nstallation of street lights and traffic s i gnals ,including
electrical ci r cuitry , programm able controllers ,
pedestal-mounted electrical meter enclosures and laying o f
pre-assembled multi -conductor cable in ducts , layout of
electrical systems and communication install ation ,
including proper position of trench depths and radius at
duct banks , location for man
holes , pull boxes , street lights and traffic signals .
Installation of underground ducts for elect rical ,telephone ,
cable television and communicat i on systems .
Pulling ,termination and
splicing of traffic signal and street light ing conductors and
electrical sys t ems including interconnect ,d etector loop ,
fiber optic cable and video/cabl e .
TE CHNICIAN :
Distribution of material a t job site , manual e x cavation and
backfill , i nstallation of syst em conduits and raceways for
electrical , telephone , cable television and communication
systems . P u lling , terminating and splicing of traffic sign al
and street lighting conductors and electrical systems
including interconnect , detector loop , fiber optic cable
and video/data .
* ELEC0011-005 11 /26/2012
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates
Communications System
Instal l er ................... $ 27 .25
Technician .................. $ 29 .0 5
Fringes
12 .25
12 .30
SCOPE OF WORK The work cover ed shall include the
installation , testing , service and maintenance , of the
following systems that utilize the transmiss i on and/or
transference of voice , sound , vision and digi tal for
commercial , e ducation , security and ent ertainment purposes
for TV mo n itoring and surveillance , background foreground
music , intercom and telephon e interconnect , i nventory
control systems , microwave transmission , multi-media ,
multiplex , nurse call system, radio page , sch ool intercom
and sound , b u rglar alarms and low voltage master clock
systems .
A . Communica t i o n systems tha t t ransmit or receive information
and/or cont r ol sys t ems that are intrinsic to the above
listed systems SCADA {Supervi sory control/data acquisition
PCM {Pulse cod e modulation) I n v e nt ory con trol systems
Digital data systems Broadband & baseband and carriers
Point of sale s y stems VSAT d a t a systems Data communication
systems RF and remote contr ol s y stems Fiber optic data
systems
B . Sound and Vo i ce Transmission/Transference Systems
Background-Fo r eground Music I n tercom and Telephone
I nterconnect Systems Sound a nd Musical Entertainment
Systems Nurse Call Systems Ra d io Page Sys t e ms School
Inte r com and S ound Systems Burglar Alarm Syst ems
Low -Voltage Master Clock Systems Multi-Media/Multiplex
Systems Teleph one Systems RF Systems and Ant e nnas and Wave
Guide
C . *Fire Alarm Systems -installation , wire pulling and
testing .
D. Televi sion and Video Systems Television Monitoring and
Sur veillance Systems Video Security Systems Video
Entertainment Systems Video Educational Sys t ems CATV and
CCTV
E . Securi t y Sys t ems , Perimeter Security Systems , Vibration
Sensor Systems
Sonar/Infr ared Monitoring Equ ipment , Access Control Systems ,
Card Access S y stems
*Fi re Alarm S y s t ems
1 . Fire Alarms -In Racewa y s : Wire and cable p u lling in
raceways perfo rmed at the cur ren t electr ician wage rate an d
fringe benefits .
2 . Fire Alarms -Open Wire Systems : instal led b y the Technician .
* ELEC1245 -001 06/01/2013
Rates
L IN E CONSTRUCTI ON
{1) Linema n ; Cable splicer .. $ 50 .30
{2) Equipmen t specialis t
{operates c r awler
tractor s , commercial motor
vehicles , backh oes ,
t r ench ers , c r a n es {50 tons
and below), overhead &
underg r ound d istribution
line e q uipm ent) ........... $ 4 0 .17
{3) Groundman ............... $ 30 .73
{4) Powderma n ............... $ 44 .91
Fringes
15 .00
14 .56
1 3 .48
13 .48
HOLIDAYS : New Year 's Day , M.L . King Day , Memorial Day ,
Independence Day , Labor Day , Veterans Day , Thanksgiving Da y
and day after Thanksgiving , Ch ristmas Day
ELEV0018-001 01 /01/2013
Rates Fringes
ELEVATOR MECHANIC ................ $ 48 .23 25 .185
FOOTNOTE :
PAID VACATION : Employer contributes 8 % of regular hourly
rate as vacation pay credit for employees with more than 5
years of service , and 6 % for 6 months to 5 years of service .
PAID HOLIDAYS : New Years Day , Memorial Day , I ndependence Day ,
Labor Day , Veterans Day , Thanksgiving Day , F r iday after
Thanksgiving , and Christmas Day .
ENGI0012-003 08 /26/2013
OPERATOR :
(All Other
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
Power Equipment
Work )
1 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
8 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
10 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
11 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
18 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s
Rates
38 .20
38 .98
39 .27
40 .76
41.86
40 .98
41 .09
42 .19
41.21
42 .31
41 .38
41.48
41.51
41. 59
41.71
41.88
41 .98
GROUP 19 .................... S 42 .09
GROUP 20 .................... S 42 .21
GROUP 21. ................... S 42 .38
GROUP 22 .................... S 42 .48
GROUP 23 .................... S 42 .59
GROUP 24 .................... $ 42 .71
GROUP 25 .................... $ 42 .88
OPERATOR : Power Equipment
(Cranes , P i ledrivi ng &
Hoisting)
GROUP
GROUP
GROUP
GROUP
GROUP
1 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s
4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $
39 .55
40 .33
40 .62
40 .76
40 .98
Fringes
21.10
21.10
21.10
21.10
21.10
21.10
21.10
21 .10
21.10
21.10
21.10
21 .10
21.10
21 .10
21.10
21.10
21.10
21.10
21.10
21.10
21.10
21.10
21.10
21.10
21.10
21 .10
21 .10
21.10
21.10
GROUP 6 .................... $ 41 .09
GROUP 7 .................... $ 41.21
GROUP 8 .................... $ 41 . 38
GROUP 9 .................... $ 41.55
GROUP 10 .................... $ 42 .55
GROUP 11 .................... $ 43 .55
GROUP 12 .................... $ 44 .55
GROUP 13 .................... $ 45 .55
OPERATOR : Power Equipment
(Tunnel Work)
GROUP 1 .................... $ 40 .05
GROUP 2 .................... $ 40 .83
GROUP 3 .................... $ 41 . 12
GROUP 4 .................... $ 41 . 2 6
GROUP 5 .................... $ 41 . 4 8
GROUP 6 .................... $ 41 .59
GROUP 7 .................... $ 41 .71
PREMIUM PAY :
21 .10
21 .10
21 .10
21 .10
21 .10
21 .10
21 .10
21 .10
21.10
21.10
21.10
21.10
21.10
21.10
21.10
$3 .75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases : China Lake Naval
Reserve , Vandenberg AFB , Point Arguello , Seely Naval Base ,
Fort Irwin , Nebo Annex Marine Base , Marine Corp Logistics
Base Yermo , Edwards AFB , 29 Pal~s Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment : $2 .00 per hour additional . Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator .
S~E ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1 : Bargeman ; Brakeman ; Compressor operator ; Ditch
Witch, with seat or similar type equipment ; Elevator
operator-inside ; Engineer Oiler ; Forklift operator
(includes 1oed, lull or similar types under 5 tons ;
Generator operator ; Generator , pump or compressor plant
operator ; Pump operator ; Signalman ; Switchman
GROUP 2 : Asphalt-rubber plant operator (nurse tank operator );
Concrete mixer operator-skip type ; Conveyor operator ;
Fireman ; Forkl ift operator (includes loed , l u ll or similar
types over 5 tons ; Hydrostatic pump operator ; oiler crusher
(asphalt or concrete plant); Petromat laydown machine ; PJU
side dum jack; Screening and co~veyor machine operator (or
similar types ); Skiploader (wh eel type up to 3/4 yd .
without attachment); Tar pot fireman ; Temporary heating
plant operator ; Trenching machir.e oiler
GROUP 3 : Asphalt-rubber blend operator ; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machi n e operator
GROUP 4 : Asphalt plant fireman ; Backhoe operator (mini -max or
similar type); Boring machine operator ; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator ;
Concrete cleaning decontamination machine operator ;
Concrete Pump Operator (smal l portable); Dril ling machine
operator , small auger types (Texoma super economatic or
similar types -Hughes 100 or 200 or similar types -
drilling depth of 30 ' maximum ); Equipment greaser (grease
truck); Guard rail post driver operator ; Highline cableway
signalman ; Hydra-hammer-aero stamper ; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator ; Power concrete saw operator ; Power-driven jumbo
form setter operator ; Power sweeper operator ; Rock Wheel
Saw/Trencher ; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft .); Vacuum or much truck
GROUP 5 : Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6 : Articulating material hauler ; Asphalt plant
engineer ; Batch plant operator ; Bit sharpener ; Concrete
joint machi n e operator (canal and similar type); Concrete
planer operator ; Dandy digger ; Deck engine operator ;
Derrickman (oilfield type); Drilling machine operator ,
bucket or auger types (Calweld 100 bucket or similar types
-Watson 1000 auger or similar types -Texoma 330 , 500 or
600 auger or similar types -drilling depth of 45 '
maximum); Drilling machine operator ; Hydrographic seeder
machine operat or (straw , pulp or seed), Jackson track
maintainer , or similar type ; Kalamazoo Switch tamper , or
similar type ; Machine tool operator ; Maginnis internal full
slab vibrator , Mechanical berm , curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete ,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground ); Pavement breaker operator (truck mounted);
Road oil mixing machine operator ; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine , up to and including 25 yds . struck); Self-propelled
tar pipelining machine operator ; Skiploader operator
(crawler and wheel type , over 3/4 yd . and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer , tamper-scraper (single engine ,
up to 100 h .p . flywheel and similar types , up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator ; Vacuum blasting machine operator
GROUP 8 : Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator ;
Backhoe operator (up to and including 3/4 yd .), small ford ,
Case or similar ; Cast-in-place pipe laying machine
operator ; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator ; Drill Doctor ;
Drilling machi n e operator , Bucket or auger types (Calweld
150 bucket or similar types -Watson 1500 , 2000 2500 auger
or similar types -Texoma 700 , 800 auger or similar types -
drilling dept h of 60 ' maximum ); Elevating grader operator ;
Grade checker ; Gradall operator ; Grouting machine operator ;
Heavy-duty r epairman ; Heavy equipment robotics operator ;
Kalamazoo balliste regulator or similar type ; Kolman belt
loader and similar type ; Le Tourneau blob compactor or
similar type ; Loader operator (Athey , Euclid , Sierra and
similar types ); Mobark Chip per or similar ; Ozzie padder or
similar types ; P .C . slot saw ; Pneumatic concrete placing
machine oper ator (Hackley-Pre sswell or similar type);
Pumpcrete gun operator ; Rock Drill or similar types ; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engi ne ,
caterpillar , Euclid , Athey Wagon and similar types with any
and all attachments over 25 yds . up to and including 50 cu .
yds . struck); Rubber -tired earth-moving equipment operator
(multiple e n gine up to and including 25 yds . struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere , 1040 and similar single unit); Self-
propelled curb and gutter mach ine operator ; Shuttle buggy ;
Skiploader operator (crawler and wheel type over 1-1/2 yds .
up to and including 6-1/2 yds .); Soil remediation plant
operator ; Surface heaters and planer operator; Tractor
compressor drill combination o perator ; Tractor operator
(any type larger than D-5 -100 flywheel h .p . and over , or
similar -bulldozer , tamper , scraper and push tractor single
engine); Tract or operator (boom attachments), Traveling
pipe wrapping , c l eaning and b endng machine operator ;
Trenching mach i n e operator (over 6 ft . depth capacity ,
manufacturer 's rating); trench ing Machine with Road Miner
attachment (over 6 ft depth capacity) : Ultra high pressure
waterjet cuttin g tool system mechanic ; Water pull
(compaction ) o p erator
GROUP 9 : Heav y Du ty Repairman
GROUP 10 : Drilling machine operator , Bucket or auger types
(Calweld 200 8 bucket or similar types -Watson 3000 or 5000
auger or similar types -Texoma 900 auger or similar
types-drill i ng depth of 105 ' maximum); Dual drum mixer ,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel , gas or electric ); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid a n d similar type -e x cept Quad 9
cat .); Rubber-t i red earth-movi ng equipment operator (single
engine , over 50 yds . struc k ); Pneumatic pipe ramming tool
and similar t y pes ; Prestressed wrapping machine operator ;
Rubber -tired earth-moving equipment operator (s i ngle
engine , over 50 yds . struc k ); Rubber tired earth moving
equipment operator (multiple e ngine , Euclid , caterpillar
and similar over 25 yds . a n d u p to 50 yds . struck), Tower
crane repairma n ; Tractor load er operator (crawler and wheel
type over 6 -1 /2 yds .); Woods mi x er operator (and similar
Pugmi ll equipment)
GROUP 11 : Hea vy Duty Repairman -Welder Combination , Welder -
Certified .
GROUP 12 : Au to grader operator ; Automatic slip form operator ;
Drilling machine operator , bucket or auger types (Calweld ,
auger 200 CA or similar types -Watson , auger 6000 or
similar types -Hughes Super Duty, auger 200 or similar
types-drilling depth of 175 ' maximum); Hoe ram or similar
with compressor ; Mass excavator operator less tha 750 cu .
yards ; Mechanical finishing machine operator ; Mobile form
traveler operator ; Motor patrol operator (multi -engine);
Pipe mobile machine operator ; Rubber-tired earth-moving
equipment operator (multiple engine , Euclid , Caterpillar
and similar type , over 50 cu . yds . struck); Rubber-tired
self-loading scraper operator (paddle-whee l-auger type
self-loading -two (2) or more units)
GROUP 13 : Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine ,
up to and including 25 yds . struck)
GROUP 14 : Canal liner operator ; Canal trimmer operator ;
Remote -control earth-moving equipment operator (operating
a second piece of equipment : $1 .00 per hour additional);
Wheel excavator operator (over 750 cu . yds .)
GROUP 15 : Rubb er-tired earth-moving equipment operator ,
operating equipment with push-pull system (single engine ,
Caterpillar , Eu clid, Athey Wagon and similar types with any
and all attachments over 25 yds . and up to and including 50
yds . struck); Rubber-tired earth-moving equi pment operator ,
operating equi pment with push-pu ll system (multiple
engine-up to and including 25 yds . struck)
GROUP 16 : Rubb er-tired earth-moving equipment operator ,
operating equipment with push -pull system (single engine ,
over 50 yds . struck); Rubber-tired earth-moving equipment
operator , operating equipment with push-pull system
(multiple engine , Euclid , Caterpillar and similar , over 25
yds . and up to 50 yds . struck)
GROUP 17 : Rubber-tired earth-moving equipment operator ,
operating equipment with push-pull system (multiple engine ,
Euclid , Caterpillar and similar , over 50 cu . yds . struck);
Tandem tractor operator (operating crawler type tractors in
tandem -Qua d 9 and similar type)
GROUP 18 : Rubb er-tired earth-moving equipment operator ,
operating in tandem (scrapers , belly dumps and similar
types in any combination , e x cluding compaction units -
single engine , up to and including 25 yds . struck)
GROUP 19 : Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator , operating in
tandem (scrapers , belly dumps and similar types in any
combination , excluding compaction units -single engine ,
Caterpillar , Euclid , Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu . yds . struck); Rubber-tired earth-moving equipment
operator , operating in tandem (scrapers , belly dumps and
similar types in any combination , excluding compaction
units -multiple engine , up to and including 25 yds . struck)
,-------------------------------------
GROUP 20 : Rubber-tired earth-moving equipment operator ,
operating in tandem (scrapers , belly dumps and similar
types in any combination , excl uding compaction units -
single engine , over 50 yds . s t ruck); Rubber -tired
earth-moving equi pment operator , operating in tandem
(scrapers , be l ly dumps , and similar types in any
combination , excluding compaction units -multiple engine ,
Euclid , Caterpillar and similar , over 25 yds . and up to 50
yds . struck)
GROUP 21 : Rubber-tired earth-moving equipment operator ,
operating in tandem (scrapers , belly dumps and similar
types in any combination , excluding compaction units -
multiple engi n e , Euclid , Caterpillar and similar type , over
50 cu . yds . str uck)
GROUP 22 : Rubber-tired earth-moving equipment operator ,
operating equipment with the tandem push-pull system
(single engine , up to and incl uding 25 yds . struck)
GROUP 23 : Rubb er-tired earth-moving equipment operator ,
operating equipment with the tandem push-pull system
(single engine , Caterpillar , Euclid , Athey Wagon and
s i milar types with any and all attachments over 25 yds . and
u p to and inclu d i ng 50 yds . struck); Rubber-tired
earth-moving e q u i pment operat or , operating with the tandem
push-pull system (multiple engine , up to and including 25
yds . struck)
GROUP 24 : Rubber-tired earth-moving equipment operator ,
operating equipment with the tandem push-pull system
(single engine , over 50 yds . struck); Rubber-tired
earth-moving equipment operator , operating equipment with
the tandem push-pull system (multiple engine , Euclid,
Caterpillar and similar , over 25 yds . and up to 50 yds .
struck)
GROUP 25 : Concrete pump operator-truck mounted ; Rubber-tired
earth-moving equipment operat or , operating equipment with
the tandem push-pull system (multiple engine , Euclid,
Caterpillar and similar type , over 50 cu . yds . struck)
CRANES , PILEDRIV I NG AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1 : Engineer oiler ; Fork lift operator (includes loed,
lull or simi l ar types)
GROUP 2 : Truck c r ane oiler
GROUP 3 : A-frame or winch truck operator ; Ross carrier
operator (jobsite)
GROUP 4 : Bridge-type unloader and turntable operator ;
Helicopter hoist operator
GROUP 5 : Hydraulic boom truck ; Stinger cran e (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6 : Bridge crane operator ; Cretor crane operator ; Hoist
operator (Ch icago boom and s i milar type); Lift mobile
operator ; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator ; Polar
gantry crane operator ; Self Climbing scaffol d (or similar
type); Shovel , backhoe , dragline , clamshell operator (over
3/4 yd . and up to 5 cu . yds . mrc); Tugger hoist operator
GROUP 7 : Pedestal crane operator ; Shovel , backhoe , dragline ,
clamshell operator (over 5 cu . yds . mrc); Tower crane
repair ; Tugger hoist operator (3 drum)
GROUP 8 : Crane operator (up to and including 25 ton
capacity); Crawler transporter operator ; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator , stiff legs , Guy derrick or similar type (up to
and including 25 ton capacity ); Shovel , backhoe , dragline ,
clamshell operator (over 7 cu . yds ., M.R .C .)
GROUP 9 : Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator ;
Hoist operator , stiff legs , Guy derrick or similar type
(over 25 tons u p to and including 50 tons mrc); K-crane
operator ; Polar crane operator ; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10 : Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator ,
stiff legs , Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons , up to and including 100 tons M.R .C .); Tower
crane operator and tower gantry
GROUP 11 : Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator ,
stiff legs , Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12 : Cra n e operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator , stiff legs ,
Guy derrick or similar type (over 200 tons , up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons , up to and including 300 tons mrc)
GROUP 13 : Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot ; Hoist operator ,
stiff legs , Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1 : Skiploader (wheel type up to 3/4 yd . without
~~~------------------------
attachment)
GROUP 2 : Power -driven jumbo form setter operator
GROUP 3 : Dink e y locomotive or motorperson (up to and
including 10 tons)
GROUP 4 : Bit sharpener ; Equipm ent greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up t o and including
30 tons)
GROUP 5 : Backh oe operator (up to and including 3/4 yd .);
Small Ford , Case or similar ; Drill doctor ; Grouting machine
operator ; Heading shield operator ; Heavy-dut y repairperson ;
Loader operator (Athey , Euclid , Sierra and similar types);
Mucking machine operator (1/4 yd ., rubber -tired, rail or
track type); Pneumatic concrete placing mach ine operator
(Hackley-Presswell or simil ar type); Pneumatic heading
shield (tunnel ); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomo tive operator (over 30 tons)
GROUP 6 : Heavy Duty Repairman
GROUP 7 : Tunnel mole boring machine operator
ENGINEERS ZONES
$1 .00 additional per hour for all of IMPERIAL County and the
portions of KERN , RIVERSIDE & SAN BERNARDINO Coun ties as
d efined below :
That area within the following Boundary : Begin in San
Bernardino County , approximately 3 miles NE of t h e intersection
of I -15 and the California State line at that point which is
the NW corner of Section 1 , Tl7N ,m Rl4E , San Bernardino
Meridian . Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6 , T27S ,
R42E , Mt . Diablo Meridian . Co ntinue North to the intersection
wi th the Inyo Coun ty Boundary a t that point which is the NE
corner of the western half of the northern quarter of Section
6 , T25S , R42E , MOM . Continue W along the Inyo and San
Bernardino Count y b oundary until the intersection with Kern
County , as that p oin t which is the SE corner of Section 34 ,
T24S , R40E , MOM . Continue W along the Inyo and Kern County
b oundary until the intersection with Tulare County , at that
point which is the SW corner of the SE quarter of Section 32 ,
T24S , R37E , MOM . Continue W along the Kern and Tulare Count y
boundary , until tha t point which is the NW corner of T25S ,
R32E , MOM . Con tinue S following R32E lines to the NW corner of
T31S , R32E , MOM . Continue W to the NW corner of T31S , R3 1 E ,
MO M. Continue S to the SW corner of T32S , R31E , MOM . Continue
W to SW corner of SE quarter of Section 34 , T32S , R30E , MOM .
ContinueS to SW corner of T llN , Rl7W , SBM . Continue E along
south boundary of TllN , SBM to SW corner of TllN , R7W , SBM .
Continue S to SW corner of T9N , R7W , SBM . Con tinue E along
south boundary of T9N , SBM to SW corner of T9N, RlE , SBM .
Continue S along west boundary o f RlE , SMB to Riverside County
line at the SW corner of TlS , RlE , SBM . Continue E along south
boundary of Tls , SBM (Riverside County Line) to SW corner of
TlS , RlOE , SBM . Continue S along west boundary of RlOE , SBM to
Imperial County line at the SW corner of T8S , RlOE , SBM .
Continue W along Imperial and Riverside county line to NW
corner of T9S , R9E , SBM . Continue S along the boundary between
Imperial and San Diego Counties , along the west edge of R9E ,
SBM to the south boundary of I mperial County/California state
line . Follow the California state line west to Arizona state
line , then north to Nevada state line , then continuing NW back
to start at the point which is t he NW corner of Section 1 ,
Tl7N , Rl4E , SBM
$1 .00 additional per hour for portions of SAN LUIS OBISPO,
KERN , SANTA BARBARA & VENTURA as defined below :
That area within the following Boundary : Begin approximately 5
mi les north of the community of Cholame , on the Monterey County
and San Luis Ob i spo County boundary at the NW corner of T25S ,
Rl6E , Mt . Diablo Meridian . Con t inue south along the west side
of Rl6E to the SW corner of T30S , Rl6E , MOM . Continue E to SW
corner of T30S , R17E , MOM . Continue S to SW corner of T31S ,
Rl7E , MOM . Continue E to SW corner of T31S , Rl8E , MOM .
Continue S alon g West side of Rl8E , MOM as it crosses into San
Bernardino Meridian numbering area and becomes R30W . Follow
the west side of R30W , SBM to the SW corner of T9N , R30W , SBM .
Continue E along the south edge of T9N , SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34 .T9N , R24W , SBM , continueS along
t h e Ventura County line to that point which is the SW corner of
the SE quarter of Section 32 , T7N , R24W , SBM . Continue E
along the south edge of T7N , SBM to the SE corner to T7N , R21W ,
SBM . Continue N along East sid e of R21W , SBM to Ventura County
and Kern County boundary at the NE corner of TBN , R21W .
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N , R21W . Continue North along the East edge
of R21W , SBM to the NE corner of Tl2N , R21W , SBM . Continue
West along the north edge of Tl2N , SBM to the SE corner of
T32S , R21E , MOM . [Tl2N SBM is a think strip between TllN SBM
and T32S MOM] . Continue North along the East side of R21E , MOM
to the Kings County and Kern County border at the NE corner of
T25S , R21E , MOM , continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County . Continue west along t h e Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County . Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S , Rl6E , MOM .
$2 .00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below :
That area within the following Boundary : Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17 , T10N , R22E , Mt . Diablo Meridian . Continue S the n
SE along the ent i re western boundary of Mono County , until it
reaches Inyo Co unty at the point which is the NE corner of the
Western half of the NW quarter of Section 2 , T8S , R29E , MOM .
Continue SSE along t he entire western boundary of Inyo Count y ,
u ntil the intersection with Kern County at the point which i s
the SW corner o f the SE 1/4 of Section 32 , T2 4S , R37E , MOM .
Continue E along t he Inyo and Kern Count y boundary until the
intersection wit h San Bernardino County at that point which is
the SE corner of section 34 , T2 4S , R40E , MOM . Continue E along
the Inyo and San Bernardino Coun ty boundary u nti l the point
whi ch is the NE corner of the Western half of the NW quarter of
Section 6 , T25S , R42E , MOM . Continue S to that point which is
the SW corner of the NW quarter of Section 6 , T27S , R42E , MOM .
Continue E in a straight line to the California and Nevada
s~ate border at the point which is the NW corn er of Section 1 ,
Tl7N , Rl4E , San Bernardino Meridian . Then continue NW along
the state line to the starting point , which is the center of
Section 18 , TlO N, R22E , MOM .
REMA INING ARE A NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012-004 08 /01/2012
OPERATOR : Power Equipment
(DR EDGING)
Rates
(1) Leverman ................ $ 45 .40
(2) Dredge d ozer ............ $ 40 .93
(3) Deckmate ................ $ 40 .82
(4) Winch operator (stern
winch on dredg e) ............ $ 40 .27
(5) Firema n-O iler ,
Deckhand , Bargeman ,
Leveehand ................... $ 39 .7 3
(6) Barge Mate .............. $ 4 0 .34
IRON0377-002 07/01/2013
Rates
Ironworkers :
Fence Erector ............... $ 26 .58
Ornamental , Reinforcing
and Structural .............. $ 33 .00
PREMIUM PAY :
Fringes
20 .00
20 .00
20 .00
20 .00
20 .00
20 .00
Fringes
17 .74
2 6 .30
$6 .00 additional per hour at the following locations :
C~ina Lake Naval Test Station , Chocolate Mountains Naval
Res erve-Niland ,
Edwards AFB , Fort Irwin Military Station , Fort Irwin Training
Center-Goldstone , San Clemente Island , San Nich olas Island ,
Susanville Federal P rison , 29 Pal~s -Marine Corps , U.S . Marine
Base -Barstow , U .S . Naval Air Facility -Sealey , Vandenberg AFB
$4 .00 addi t ional per hour at t h e following locations :
Army Defense Language Institute -Monterey , Fallon Air Base ,
Naval Post Gra duat e School -Monterey , Yermo Marine Corps
Lo g istics Center
$2 .00 additional per hour at the following locations :
Port Hueneme , Port Mugu , U .S . Coast Guard Station -Two Rock
LAB00300-001 07/01/2013
Rates
Brick Tender ..................... $ 28 .37
LAB00300 -003 07/01/2013
Rates
LABORER (TUNNEL )
GROUP 1. .................... $ 34 . 84
GROUP 2 ..................... $ 35 . 16
GROUP 3 ..................... $ 35 . 62
GROUP 4 ..................... $ 36 .31
LABORER
GROUP 1 ..................... $ 28 . 99
GROUP 2 ..................... $ 29 .54
GROUP 3 ..................... $ 30 .09
GROUP 4 ..................... $ 31 . 64
GROUP 5 ..................... $ 31. 99
LABORER CLASSIFICATIONS
Fringes
15 .78
Fringes
16 .02
16 .02
16 .02
16 .02
16 .02
16 .02
16 .02
16 .02
16 .02
GROUP 1 : Cleanin g and handli n g of panel forms ; Concrete
screeding for rough strike -off ; Concrete , water curing ;
Demolition l a b orer, the cleaning of brick if performed by a
worker performing any other phase of demoli t ion work , and
the cleaning of lumber ; Fire wa t cher , limber , brush loader ,
p iler and debris handler ; Flag person ; Gas , oil and/or
water pipeline laborer ; Laborer , asphalt -rubber material
loader ; Laborer , general or construction ; Laborer , general
clean-up ; Laborer , landscaping ; Laborer , jetting ; Laborer ,
temporary water and air lin es ; Material hose operator
(walls , slabs , f l oors and decks); Plugging , filling of shee
bolt holes ; Dry packing of con crete ; Railroad maintenance ,
repair track person and road b eds ; Streetcar and railroad
construction track laborers ; Rigging and signaling ; Scaler ;
Slip form raiser ; Tar and mort ar ; Tool crib or tool house
laborer ; Traffic control by any method ; Wind o w cleaner ;
Wire mesh pulling -all con crete pouring ope r ations
GROUP 2 : Asphalt shoveler ; Cement dumper (on 1 yd . or larger
mixer and handling bulk cement); Cesspool digger and
installer ; Ch u cktender ; Chute handler , pouring concrete ,
the handling of the chute from readymix trucks , such as
wal ls , slabs , decks , floors , foundat ion , footings , curbs ,
gutters and sidewalks ; Concrete curer , impervious membrane
and form oiler ; Cutting torch operator (demolition); Fine
grader , highways and street paving , airport , runways and
similar type heavy construct ion ; Gas , oil and/or water
pipeline wrapper -pot tender and form person ; Guinea
chaser ; Headerboard person -aspha lt ; Laborer , packing rod
steel and pans ; Membrane vapor barrier insta l ler; Power
broom sweeper (small); Riprap stonepaver , placing stone or
wet sacked concrete ; Roto scraper and tiller ; Sandblaster
(pot tender); Septic tank digger and instal ler(lead); Tank
scaler and cleaner ; Tree climber , faller , chain saw
operator , Pittsburgh chipper and similar type brush
shredder ; Underground laborer , including caisson bellower
GROUP 3 : Buggymobile person ; Concrete cutting torch ; Concrete
pile cutter ; Driller, jackhammer, 2-1/2 ft . drill steel or
longer ; Dri -pak-it machine ; Gas , oil and/or water pipeline
wrapper , 6-in . pipe and over , by any method , i ns ide and
out ; High scaler (including drilling of same); Hydro seeder
and similar type ; Impact wrench multi-plate ; Kettle person ,
pot person a nd workers applyi ng asphalt , lay-kold,
creosote , lime caustic and similar type materials
("applying " means applying , dipping , brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic , gas , electric tools , vibrating
machine , pavement breaker , air blasting , come -alongs , and
similar mechanical tools not separately classified herein ;
Pipelayer 's backup person , coating , grouting , making of
joints , sealing , caulking , diapering and including rubber
gasket joints , pointing and any and all other services ;
Rock slinger ; Rotary scarifier or multiple head concrete
chipping scarifier ; Steel headerboard and guideline setter;
Tamper , Barko , Wacker and similar type ; Trenching machine ,
hand-propelled
GROUP 4 : Asphalt raker , lute person , ironer , asphalt dump
person , and asphalt spreader b o x es (all types); Concrete
core cutter (walls , floors or ceilings), grinder or sander ;
Concrete saw person , cutting walls or flat wo rk , scoring
old or new concrete ; Cribber , sharer , lagging , sheeting and
trench bracing , hand-guided l agging hammer ; Head rock
slinger ; Laborer , asphalt-rubber distributor boot person ;
Laser beam i n connection with laborers ' work ; Oversize
concrete vibrator operator , 70 lbs . and over ; Pipelayer
performing all services in the laying and installation of
pipe from the p oint of receiving pipe in the ditch until
completion of operation , including any and all forms of
tubular material , whether pipe , metallic or non-metallic ,
conduit and any other stationary type of tubular device
us ed for the conveyi ng of any substance or element , whether
water , sewage , solid gas , air , or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated ; No-joint pipe and stripping
of same ; Prefabricated manhole installer ; Sandblaster
(nozzle person ), water blasting , Porta Shot -Blast
GROUP 5 : Blaster powder , all wor k of loading holes , placing
and blasting of all powder and explosives of whatever type ,
regardless of method used for such loading and placing ;
Driller : All power drills , excluding jackhammer , whether
core , diamond , wagon , track , multiple unit , and any and all
other types of mechanical drills without regard to the form
of motive power ; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1 : Batch plant laborer ; Bull gang mucker , track person ;
Changehouse person ; Concrete crew , including redder and
spreader ; Dump person; Dump person (outside); Swamper
(brake person and switch person on tunnel work); Tunnel
materials handl ing person
GROUP 2 : Chucktender , cabletender ; Loading and unloading
agitator cars ; Nipper ; Pot tender , using mastic or other
materials (for example , but not by way of limitation ,
shotcrete , etc .); Vibrator person , jack hammer , pneumatic
tools (except driller)
GROUP 3 ; Blaster, driller , powder person ; Chemical grout jet
person ; Cherry picker person ; Grout gun person ; Grout mixer
person ; Grou t pump person ; Jackleg miner ; Jumb o person ;
Kemper and other pneumatic concrete placer operator ; Miner ,
tunnel (hand or machine); Nozzle person ; Operating of
troweling and /or grouting machines ; Powder person (primer
house); Primer person ; Sandblaster ; Shotcrete person ; Steel
form raiser and setter ; Timber person , retimber person ,
wood or steel ; Tunnel Concrete finisher
GROUP 4 : Diamond driller ; Sandblaster ; Shaft and raise work
LAB00300-005 01/01/2013
Rates Fringes
Asbestos Removal Laborer ......... $ 27 .35 14 .95
SCOPE OF WORK : Includes site mobilization , initial site
cleanup , site preparation , removal of asbestos-containing
material and toxic waste , encapsulation , enclosure and
disposal of asbestos-contain ing materials and toxic waste
by hand or wi th equipment or machinery ; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations .
LAB00345-001 07/01/2013
Rates
LAB ORER (GUNITE )
GROUP 1 ..................... $ 33 . 04
GROUP 2 ..................... $ 32 . 09
Fringes
17 .86
17 .86
GROUP 3 ..................... $ 28 .55 17 .86
FOOTNOTE : GUN I TE PREMIUM PAY : Workers working from a
Bosn 'n 's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates . Workers doing gunite and/or
shotcrete wor k in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates , paid
on a portal-to-portal basis . Any work performed on , in or
above any smoke stack, silo , storage elevator or similar
type of structure , when such structure is in excess of
75 '-0 " above base level and which work must be performed in
whole or in part more than 75 '-0 " above base level , that
work performed above the 75 '-0 " level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate .
GUNITE LABORER CLASSIFICATIONS
GROUP 1 : Rodmen , Nozzlemen
GROUP 2 : Gunmen
GROUP 3 : Reboundmen
LAB01184-001 07 /01/2013
Rates
Laborers : (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ... $ 30 .11
(2) Vehicle Operator/Hauler .$ 30 .28
(3) Horizont al Directional
Drill Operator .............. $ 32 .13
(4) Electronic Tracking
Locator ..................... $ 34 .13
Laborers : (STRIPING/SLURRY
SEAL)
GROUP 1. .................... $ 31.06
GROUP 2 ..................... $ 32 . 36
GROUP 3 ..................... $ 34 .37
GROUP 4 ..................... $ 36 .11
LABORERS -STRIPI NG CLASSIFICATIONS
Fringes
11 .83
11.83
11 .83
11 .83
14 .53
14 .53
14 .53
14 .53
GROUP 1 : Protective coating , pavement sealing , including
repair and filling of cracks by any method on any surface
in parking lots , game courts and playgrounds ; carstops ;
operation of all related machinery and equipment ; equipment
repair techni cian
GROUP 2 : Traffic surface abrasive blaster ; pot tender -
removal of al l traffic lines and markings by any method
(sandblasting , waterblasting , grinding , etc .) and
preparation of surface for coatings . Traffic control
person : control ling and directing traffic through both
conventional and moving lane closures ; operation of all
related machinery and equipment
GROUP 3 : Traffic delineating device applicator : Layout and
application of pavement markers , delineating signs , rumble
and traffic bars , adhesives , guide markers , other traffic
delineating devices including traffic control . This
category inclu des all traffic related surface preparation
(sandblasting , waterblasting , grinding) as part of the
application process . Traffic protective delineating system
installer : removes , relocates , installs , permanently
affixed roadside and parking delineation barricades ,
fencing , cable anchor , guard rail , reference signs ,
monument markers ; operation of all related machinery and
equipment ; power broom sweeper
GROUP 4 : Striper : layout and application of traffic stripes
and markings ; hot thermo plastic ; tape traffic stripes and
markings , including traffic control ; operation of all
related machinery and equipment
LAB01414 -001 08/07/2013
Rates
LABORER
PLASTER CLEAN-UP LABORER .... $ 27 .45
PLASTER TENDER .............. $ 30 .00
Fringes
16 .36
16 .36
Work on a swing stage scaffold : $1 .00 per hour additional .
PAIN0036-001 07/01/2013
Painters : (Including Lead
Abatement)
(1) Repaint (excludes San
Rates
Diego Count y) ............... $ 26 .49
(2) All Other Work .......... $ 29 .82
Fringes
11 .73
11 .73
REPAINT of any previously painted structure . Exceptions :
work involving the aerospace industry , breweries ,
commercial recr eational facil i ties , hotels which operate
commercial es t ablishments as part of hotel service , and
sports facilities .
PAIN0036 -006 01/01/2013
DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary :
Kern County Line to Hwy .
#5 , South of Hwy . #5 to
Rates Fringes
Hwy . N2 , East on N2 to
Palmdale Blvd ., to Hsy .
#14 , Sout h to Hwy . #18 ,
East to Hw y. #395 ........... $ 29 .19
Remainder o f Los Angeles
County ...................... $ 33 . 22
PAIN 0036-015 06 /01/2012
Rates
GLAZIER .......................... $ 38 .95
14 .8 1
14 .81
Fringes
19 .83
FOOTNOTE : Additional $1 .25 per hour for work in a condor ,
from the third (3rd) f l oor and up Additional $1 .25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance , from the ground up
PAIN1247 -002 09/01/2013
Rates
SOFT FLOOR LAYER ................. $ 30 .85
PLA S0200 -009 08/0 7/2013
Rates
PLASTERER ........................ $ 3 6 . 11
P LAS0500 -002 07 /01/2013
Rates
CEMENT MASON/CO NCR ETE FINISHER ... $ 30 .85
PLUM0016-001 07/01/2013
PLUMBER/PIPEFITTER
Plumber and Pipefitter
All other work e x cept
work on new additions and
remodeling of bars ,
restaurant , stores and
commercia l buildings not
to exceed 5 ,000 sq . ft .
of floor space and wor k
on strip malls , light
commercial , tenant
improvement and remodel
Rates
work ....................... $ 43 .60
Work ONLY on new additions
and r emodeling of bars ,
restauran t , stores and
commercial buildings not
Fringes
10 .4 9
Fringes
13 .13
Fringes
21 .00
Fringes
20 .16
to exceed 5 ,000 sq . ft . of
floor space ................. $ 42 .26
Work ONLY on strip malls ,
light commercial , tenant
improvement and remodel
work ........................ $ 34 .11
PLUM0345 -001 07/01/2013
Rates
PLUMBER
Landscape/Irrigation Fitter .$ 27 .85
Sewer & Storm Drain Work .... $ 32 .50
ROOF0036 -002 08/01/2012
Rates
ROOFER ........................... $ 34 . 65
19 .18
17 .51
Fringes
18 .81
16 .93
Fringes
11.38
FOOTNOTE : Pitch premium : Work or. which employees are exposed
to pitch fumes or required to handle pitch , pitch base or
pitch impregnated products , or any material containing coal
tar pitch , the entire roofing crew shall receive $1 .75 per
hour "pitch premium " pay .
SFCA0669-013 07/01/2013
DOES NOT INCLUDE THE CITY OF POMONA , CATALINA ISLAND , AND THAT
PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS
OF LOS ANGELES :
Rates Fringes
SPRINKLER FITTER ................. $ 34 .19 19 .37
SFCA0709-005 01/01/2013
TH E CITY OF POMOMA , CATALINA ISLAND , AND THAT PART OF LOS
ANGELES COUNT Y WITHI N 25 MILES OF THE CITY LIMITS OF LOS
ANGELES :
Rates Fringes
SPRINKLER FITTER (Fire) .......... $ 40 .41 23 .77
SHEE0105-002 07/01/2013
LOS ANGELES (South of a straight line between gorman and Big
Pines including Catalina Island)
Rates Fringes
SHE ET METAL WORKER
(1 ) Li g h t Comm e r c i a l : Wo r k
on gen e ral sheet metal a nd
heating a n d AC up to 4000
sq ft ....................... $ 24 .44
(2) Mo d e r nization :
Ex cluding Ne w Const r uction
-Unde r 50 00 s q . ft . Doe s
not incl ude modification ,
upgrades , e n ergy
manageme n t , o r
conservati on i mprovement s
of centr al h eating and AC
equpment .................... $ 40 .74
SH EE0105 -003 07 /0 1 /2013
8 .15
22 .23
LOS ANGELES (So ut h of a straight line drawn b etween Gorman a nd
Big Pines)and Ca t alina Island , IN YO, KERN (Northeast part , East
o f Hwy 395), MO NO ORANGE , RIVER S I DE , AND SAN BE RNARDINO COU NT I ES
S HEET METAL WO RKE R
(1) Commerci a l -New
Construct ion and Remodel
Rates
work ........................ $ 40 .74
(2) Indus tria l wo r k
including a i r pollution
cont r ol sys t e ms , noise
abatement , h and rails ,
guard r ai ls , excluding
aritecht ural sheet metal
work , e x c luding A-C ,
heating , v e nti lating
systems fo r h uman comfort ... $ 40 .74
S HEE0105 -004 07 /01 /2013
F ringes
22 .23
22 .23
KERN (Excludin g p ortion East o f Hwy 395) & LOS ANGELES (Nort h
o f a straight line drawn between Gorman and Big Pi n es incl u d ing
Cit i es of Lancaster and Palmd ale) COUNTIES
Rates Fri nges
SH EET METAL WORKE R ............... $ 31 .38 21 .44
TEAM0011 -002 0 7/01/2013
Rates F r inges
TRUCK DRIVE R
GROUP 1 .................... $ 27 .59 22 .69
GROUP 2 .................... $ 27 .74 22 .69
GROUP 3 .................... $ 27 .87 22 .69
GROUP 4 .................... $ 28 .06 22 .69
GROUP 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 28 .09 22 .69
GROUP 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 28 .12 22 .69
GROUP 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 28 .37 22 .69
GROUP 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 28 .62 22 .69
GROUP 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 28 .82 22 .69
GROUP 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 29 .12 22 .69
GROUP 11 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 29 .62 22 .69
GROUP 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 30 .05 22 .69
WORK ON ALL MILITARY BASES :
PREMIUM PAY : $3 .00 per hour a dditional .
[29 palms Marine Base , Camp Roberts , China Lake , Edwards AFB ,
El Centro Naval Facility, Fort Irwin , Marine Corps
Logistics Base at Nebo & Yermo , Mountain Warfare Training
Center , Bridgep ort , Point Arg uello , Point Conception ,
Vandenberg AFB]
TR UCK DRIVERS CLAS SIFICATIONS
GROUP 1 : Truck driver
GROUP 2 : Driver of vehicle or combination of vehicles -2
axles ; Traffic control pilot car excluding moving heavy
equipment permit load ; Truck mount ed broom
GROUP 3 : Driver of vehicle or combination o f vehicles -3
axles ; Boot person ; Cement mason distribution truck ; Fuel
truck driver ; Water truck -2 a x le ; Dump truck , less than
16 yds . wat er level ; Erosion control driver
GROUP 4 : Driver of transit mix truck , under 3 yds .; Dumpcret e
truck , less t han 6 -1/2 yds . water level
GROUP 5 : Water truck, 3 or more axles ; Truck greaser and tir e
p erson ($0 .50 additional for t ire person); Pipeline and
utility wor king truck driver , including winch truck and
plastic fusio n , limited to p i p eline a n d uti l ity work ;
Slurry truck dr iver
GROUP 6 : Tran si t mix truck , 3 yds . or more ; Dumpcrete truck ,
6 -1/2 yds . wa t er level and o v er ; Vehicle or combination of
vehicles - 4 or more axles ; Oil spreader truck ; Dump truck ,
16 yds . to 25 yds . wate r leve l
GROUP 7 : A Frame , Swedish crane or similar ; Forklift driv er ;
Ross carrier driver
GROUP 8 : Dump truck , 25 yds . t o 49 yds . water level ; Truck
repair person ; Water pull -single engine ; Welder
GROUP 9 : Truck repair person/welder ; Low bed dr i v er , 9 axles
or over
GROUP 10 : Du mp truck -50 yds . or more water l evel ; Water
pull -single e n gin e with a tt achment
GROUP 11 : Water pull -twin engine ; Water pull -twin engine
with attachment s ; Winch truck driver -$1 .25 additional
when operating winch or similar special attachments
GROUP 12 : Boom Truck 17K and above
WELDERS -Receiv e rate prescribed for craft performing
operation to which welding is incidental .
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
( 2 9C FR 5 . 5 (a) ( 1) ( i i) ) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination . Th e classifications are listed in alphabetical
order of "ident ifiers " that indicate whether the particular
rate is union or non-union .
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU " denotes that the union
classification and rate have found to be prevailing for that
classification . Example : PLUM0198-005 07/01/2011 . The first
four letters , PLUM , indicate the international union and the
four-digit number , 0198 , that follows indicates the local union
number or district council number where applicable , i .e .,
Plumbers Local 0198 . The next number , 005 in the example , is
an internal number used in processing the wage determination .
The date , 07/01 /2011 , following these character s is the
effective date of the most current negotiated rate/collective
bargaining agreemen t which would be July 1 , 2 011 in the above
example .
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates .
0000/9999 : weighted union wage rates will be published annually
each January .
Non-Union Iden tifiers
Classifications listed under a n "SU " identifier were derived
from survey data by computing average rates and are not union
rates ; however , t h e data used in computing these rates may
i n clude both union and non-union data . Example : SULA2004 -007
5/1 3/2010 . SU indicates the rates are not union majority rates ,
LA indicates the State of Louisi ana ; 2004 is the year of the
survey ; and 007 is an internal number used in producing the
wage determination . A 1993 or later date , 5/13/2010 , indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date .
Survey wage rates will remain i n effect and will not change
until a new survey is conducted .
WAGE DETERMINATION APPEALS PROCESS
1 .) Has there been an initial decision in the matter? This can
be :
*
*
*
*
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters , initia l contact , including requests
for summaries of surveys , should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program . If the response from this initial
contact is not satisfactory , then the process described in 2 .)
and 3 .) should be followed .
With regard to any other matter not yet ripe for the formal
process described here , initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U .S . Department of Labor
200 Constitution Avenue , N .W.
Washington , DC 20210
2 .) If the answer to the question in 1 .) is yes , then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1 .8 and 29 CFR Part 7). Write to :
Wage and Hour Administrator
U .S . Department of Labor
200 Constitution Avenue , N .W.
Washington , DC 20210
The request should be accompanied by a full statement of the
i nterested part y 's position and by any information (wage
payment data , project description , area practice material ,
etc .) that the requestor considers relevant to the issue .
3 .) If the decision of the Administrator is not favorable , an
interested par ty may appeal directly to the Administrative
Review Board (fo rmerly the Wage Appeals Board ). Write to :
Administrative Review Board
U .S . Department of Labor
200 Constitution Avenue , N .W.
Washington , DC 20210
4 .) All decisions by the Administrative Review Board are final .
================================================================
END OF GENERAL DECIS ION
ATTACHMENT D
PREPARED BY : E FI
PREPARED FOR: CITY O F TEMPLE CITY
PROJ ECT NAME : BTA-BICYCLE TRANSPORTATION ACCOUNT
V ERSI ON 2 DATE 1/17/2013
PRELIMINARY ENGINEER'S ESTIMATE FOR CITY OF TEMPLE
CITY BTA
Item# Description Quantity Un it Unit Price Tota l
BTA-BICYCLE TRANSPORTATION ACCOUNT-ON OAK AVE , LEMON AVE,
LONGDEN AVE, OLIVE ST, FREER ST, GOLDEN WEST AVE , ARDEN DR, AND
EL MONTE AVE
1 Mobiliza tion & Demobilization 1 LS $10 000 .00 $10 000.00
2 Traffic Control 1 LS $10 000 .00 $10 000.00
Install Caltrans Deta il 9-Solid
3 segment with RPM 's 200 LF $1 .20 $240.00
4 Install Caltrans Detail 22 500 LF $2 .00 $1 000.00
5
Install Caltrans Detail A27-
Edgeline 6800 LF $1 .20 $8 160.00
6
In stall Ca ltrans Detai l 32-Two way
left-4 stripes wi th RPM 6000 LF $4 .00 $24 000 .00
7 Install Caltrans Deta il 38 400 LF $1.80 $720.0 0
8 Install Caltran s Detail 39
11000 LF $1 .50 $16 500 .00
9 Install Caltrans Deta il 39A 1100 LF $1.50 $1 650.00
10 lnstall12" Wide white Xwalk Line 300 LF $2.00 $600.00
11 Install 12" Wide white Xwalk Line 400 LF $2 .00 $800 .00
12
Remove Caltrans Detail 22 by
Grinding or Sandblasting inclu ding 6000 LF $1 .00 $6 000.00
13 Remove Caltrans Detail 9 by
Grindina or Sandbla stina includina 11000 LF $0 .50 $5 500 .00
Remove Pavement Le gend by
14 Grinding or Sandblasting (S top,
Ahead , Arrows , etc ... ) 30 EA $100.00 $3 000.00
15
Install Paveme nt Legend (Stop,
Ahead , Arrows , etc ... ) 30 EA $350.00 $10 500.00
16 Install bike symbol Caltrans A24C 28 EA $350.00 $9 800.00
17 In stall bike lane arrow per Caltrans
A24A 28 EA $150 .00 $4 200 .00
18
Install Sign & Post as Indicated o n
plans 100 EA $250.00 $25 000 .00
19
Install Bicycle Blvd Legend (3
logos together) 51 EA $500.00 $25 500.00
20 Install Sharrow Caltrans A24C 189 EA $150.00 $28,350 .00
1of2 Eng ineers Cos t Estimate V2, 1-17-14 4/16/2 014
PRELIMINARY ENGINEER'S ESTIMATE FOR CITY OF TEMPLE
CITY BTA
Item# Description Quantity Unit Unit Price Total
21 Install small sig n 12"x18" or
smaller 10 EA $75.00 $750.00
22 Bicycle Racks (U shaped) 15 EA $350.00 $5 250.00
23 Bicycle Racks (Arti stic) 15 EA $800 .00 $12 000 .00
24 Install Custom Guide Signs and
Post 30 EA $350 .00 $10 500 .00
25 Install Sign o n existing sign post,
!pole street liQht etc ... 50 EA $100 .00 $5 000.00
SUBTOTAL BTA-BICYCLE TRANSPORTATION
ACCOUNT $220,020.00
CONT INGENCY 10% $22,002.00
TOTAL BTA-BICYCLE TRANSPORTATION
ACCOUNT $242,022.00
2of2 Engineers Cost Estimate V 2 , 1-17-14 4/16/20 14