HomeMy WebLinkAboutItem 18 - Safe Routes to School Davis Elementary Access CompliancePublic Works Agency
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Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Safe Routes to School Davis Elementary Access Compliance
AGENDA TITLE
Award a Construction Contract to Palp, Inc. DBA Excel Paving Company in the Amount
of $5,558,420 for the Safe Routes to School Davis Elementary Access Compliance
Project with an Estimated Total Delivery Cost of $6,948,025 (Project Nos. 19-6951 and
22-1404) (Non -General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program
to include $2,114,025 of funding in American Rescue Plan Funds for the Safe
Routes to School Davis Elementary Access Compliance project.
2. Award a construction contract to Palp, Inc. DBA Excel Paving Company, the lowest
responsible and responsive bidder, in accordance with the base bid in the amount
of $5,558,420, for construction of the Safe Routes to School Davis Elementary
Access Compliance Project, for a term beginning December 20, 2022 and ending
upon project completion, and authorize the City Manager to execute the contract
subject to non -substantive changes approved by the City Manager and the City
Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$6,948,025, which includes $5,558,420 for the construction contract, $833,000 for
contract administration, inspection and testing, and a $556,605 project contingency
for unanticipated or unforeseen work.
DISCUSSION
The Safe Routes to School Davis Elementary Access Compliance project will make
improvements for pedestrians traveling in the vicinity of Davis Elementary School. The
project will take place in the French Court neighborhood, with improvements planned
along French Street, Spurgeon Street, Washington Avenue, Penn Way, Bush Street,
Poinsettia Street, 141h Street, 15th Street, 161h Street, and 17th Street (Exhibit 1). The
purpose of the project is to increase safety and convenience for pedestrians that utilize
this corridor, primarily students. Work activities include removing and replacing
Safe Routes to School Davis Elementary Access Compliance
December 20, 2022
Page 2
driveways, sidewalks, and curb ramps, and removing some asphalt roadway sections to
build concrete build -outs to encourage slower traffic speeds.
The construction scope of work includes installation of bulb -outs at crossings adjacent
to Davis Elementary School, reconstruction and installation of curb ramps, sections of
sidewalks, curb and gutter, water quality BMPs, signing & striping, construction of PCC
pavement, AC pavement and driveways along the safe routes to school (Exhibit 2).
Public Outreach and Contractor Particiaation
To provide an opportunity for local vendors to submit bids, the City notified a total of 33
regional vendors via PlanetBids, many of which are Santa Ana based. A total of three
bids were received however, no bids were received from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on September 6t" and 13t", 2022. The project was also advertised in
PlanetBids from September 7t", 2022 through October 5t", 2022. Bids were received
electronically via PlanetBids on October 5t", 2022. No formal bid protest was submitted
by any bidders during the bid protest period.
Bid Results Summary
RANK
BIDDER'S NAME
LOCATION
BASE BID
1
Palp, Inc DBA Excel Paving
Long Beach
$5,558,420.00
Company
2
Hardy & Harper, Inc.
Lake Forest
$6,500,000.00
NR
Klassic Engineering and
Orange
Non -Responsive
Construction, Inc.
A total of three bids were received and of the three bidders, Klassic Engineering and
Construction, Inc. was non -responsive. Palp, Inc. DBA Excel Paving Company
submitted the lowest responsive base bid in the amount of $5,558,420 (Exhibit 3). As
specified in the bid documents, the lowest bid shall be determined on the basis of the
Base Bid. Based on the bid analysis and a contractor's reference check, staff
recommends awarding the construction contract to Palp, Inc. DBA Excel Paving
Company, in the amount of the base bid totaling $5,558,420 (Exhibit 4). Palp, Inc. DBA
Excel Paving Company, has performed the following work in the City of Santa Ana
within the past 5 years: Misc. Storm Drain Repairs (Project No. 21-6458), Bush Street
Bicycle Blvd. from Civic Center to 17t" St. (Project No. 18-9002), Traffic Signal and
Bulb -Outs at Bishop -Pacific -Shelton Bicycle Improvements (Project No. 15-6848), 3rd
Street Traffic Calming from Birch to Spurgeon (Project No. 15-6606) and Residential
Street Repair FY 14/15 Project No. 15-6836).
Safe Routes to School Davis Elementary Access Compliance
December 20, 2022
Page 3
Proiect Delive
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection and testing, along
with an allowance for contingencies to account for unexpected or unforeseen
conditions. Construction administration and inspection includes construction
management; implementation of the federal labor requirements; inspection of the
Contractor's work to ensure contract compliance, workmanship, and quality; and
materials testing.
As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the
estimated total construction delivery cost of the project is $6,948,025.
Project Item
Total
Construction Contract
$5,558,420.00
Construction Administration, Inspection, Testing
$833,000.00
Project Contingencies
$556,605.00
TOTAL CONSTRUCTION DELIVERY COST
$6,948,025.00
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2019-38 was filed for the project 19-6951. NEPA Categorical Exemption per Section 23
USC 326 on May 2, 2019. NEPA Categorical Exemption revalidated on January 28,
2022.
FISCAL IMPACT
On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan
that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal
recovery funds. A $2,114,025 cost savings was subsequently identified from Project 22-
1342 and redirected, by the City Manager's authorization, to the Safe Routes to School
Davis Elementary Access Compliance project, a critical infrastructure, pedestrian and
mobility improvement project.
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $6,948,025, which includes construction, contract administration, inspection
and testing, and authorized contingencies of $1,389,605. All funds are available for
expenditure in Fiscal Year 2022-23, however any remaining balances not expended at
the end of the fiscal year will be carried forward into FY 2023-24.
The following table summarizes the funds budgeted for expenditure to deliver
construction of this project:
Safe Routes to School Davis Elementary Access Compliance
December 20, 2022
Page 4
Fiscal
Accounting Unit
Fund
Accounting Unit -Account
Year
- Account No.
Description
No. Description
Amount
Project No.
Additional Funds:
18117013-66220
American
Improvements
2022-23
(To: 22-1404
Rescue Plan
Other TBuilding
Other Than
$2,114,025
From: 22-1342)
Act
Existing Budget:
14817614-66220
Active Transportation
2019-20
(19-6951)
ATP
Program, Improvements
$4,834,000
Other Than Building
Total
$6,948,025
EXHIBIT(S)
1.
Location Map
2.
CIP Sheet
3.
Bid Proposal
4.
Construction Contract
5.
Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
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EXHIBIT 1
SANTA ANA PROJECT NO. 19-6951:
SAFE ROUTES TO SCHOOL
P W A DAVIS ELEMENTARY ACCESS COMPLIANCE
BLIC WORKS •GENCv ATPSB1 L-5063(193)
PU
PAGE 1 OF 1
PROJECT TITLE:
Davis Elementary SRTS
PROJECT CATEGORY:
Traffic Improvements -
Traffic Safety / Mobility
LOCATION MAP
:,
N
CITY OF SANTA ANA CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Installation of bulb -outs at crossings adjacent to Davis
Elementary, reconstruction and installation ofADA
compliant curb ramps, sections of sidewalk and
driveways along the safe routes to school (SRTS).
PROJECT NEED:
Project is designed to increase pedestrian safety and
mobility.
PROJECT COSTS FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
Construction $4,834,000 $ 2,114,025
TOTAL $4,834,000 $ 2,114,025
SOURCE OF FUNDS FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
ARPA $ 2,114,025
ATP $4,834,000
TOTAL $4,834,000 $ 2,114,025
AGENCY: DIVISION: CONTACT: DATE:
Public Works Agency CIP Engineering Jason Gabriel, Principal Civil Engineer 02-Dec-2022
- 1 -
EXHIBIT 3
MAYOR
Vicente Sanniento
MAYOR PRO TEM
Phil Bacerra
COUNCILMEMBERS
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
September 19, 2022
AI)DENDUM No. ONE
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Canter Plaza. M-36 • P,O, Box 1988
Santa Ana, California 92702
www.santa-ana.ora
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
SUBJECT: PROJECT NO.19-6951, ATPSB1L-5063(193) — SAFE ROUTES TO
SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
The following changes have been made to the Specifications for the subject project:
SPECIFICATIONS
Notice of Inviting Bids, page vii: Replace with the attached page
o Change electronic Bid submission deadline on PlanetBids system to October 5, 2022 at
2:00 p.m.
Total pages for this addendum (including attachment) = 2 pages.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME
FOR TH 'Y ' F SANT/k ANA
i
Taig Higgins, P.E.
Interim City Engineer
SANTA ANA CITY COUNCIL
Vicente Samllenlo Phi Bawrra Thai Viet Phan David Penaloze Jessie Lopez Johnathan Ryan Hemandez Nelda Mendoza
Mayor Mayor Pro Tem, Ward 4 Ward t ward s Ward 3 Ward 6 Ward 6
vsarmiemoN7saMa ana.om 21 lohan0senWana.orn doanelazaMeante-ane.ata Ieasielo ezMw "na.org svanhemandezMsants-ens.om nmenda Santa-ana.om
CITY OF SANTA ANA
ADVERTISEMENT ADDENDUM NO. ONE
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via
PlanetBids on or before 2:00 pm, October 5, 2022. No late bids will be accepted. No other method
of bid submittal will be accepted for:
PROJECT NO.: 19-6951, ATPSB 1 L-5063(193)
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
All Plans and Specifications are available on PlanetBids.
For further information on how to register as a vendor refer to:
htikis://www.santa-ana.org/vendor-registration/
Do not call Purchasing Division regarding Public Works Agency projects.
Scope of Work: Installation of bulb -outs at crossings adjacent to Davis Elementary School,
reconstruction and installation of ADA compliant curb ramps, sections of sidewalks, curb and
gutter, removal, water quality BMPs, signing & striping, construction of PCC pavement, AC
pavement and driveways along the safe routes of school.
Pre -Bid Job Meeting: There is no scheduled pre -bid job walk.
Contractor's License Requirements: From the time of City Council contract award until work
completion, the Contractor shall possess a valid California Class "A" Contractor's license. All
sub -contractors shall be properly licensed for their respective trades.
Public Works Construction Permit: The Contractor will be required to obtain a Public Works
Construction Permit (refer to Section 2-2a, Construction Permit, of these Special Provisions). The
required deposit for this permit shall be as described in the Bid Proposal.
Bid Proposal Guaranty:
o A scanned cote of the Bid Proposal Guaranty shall be uploaded to PlanetBids along with
project bid. Bid Proposal Guaranty shall be in the form of a cashier's or certified check
payable to the City of Santa Ana, or Bid Bond issued by a corporate surety, in an amount
not less than ten percent Q0%) of the bid aggregate, as a guarantee that the Bidder will
enter into the proposed contract if the same is awarded. The signature of the bidder on the
bid bond must be notarized.
o In addition to electronic Bid submittals, Bidders shall deliver an original hard copy of the
Bid Proposal Guaranty. For further instructions regarding original Bid Proposal Guaranty
submittal, refer to PlanetBids.
Failure to provide required documents with Bid may cause the bid to be deemed non-
responsive.
vii
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
PALP, INC DBA
FROM: EXCEL PAVING COMPANY
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
furnish all material and do all the work required to complete the said work in accordance with said
plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following
schedule:
Item
Description
Qty
Unit
Unit Price
Amount
1
Unclassified Excavation*
4,200
CY
$
$
Zoo
$y000a
2
Removal of PCC Pavement*
1,800
CY
$
$
3
Construct PCC with (3-day) Cure with
1,800
CY
$
$
Dowels*
SW
14K000a
4
AC Pavement*
1,400
TN
$ l
ad
$
Z?72oo
5
Asphalt Rubber Hot Mix (ARHM)*
400
TN
$
$
23`1
�3t7oo
6
PCC Driveway Approach (T=6")*
11,500
SF
$
$
j (o
13y o00
7
PCC Driveway Approach (T=8")*
6,400
SF
$
$
Z O
� 2 Savo
8
PCC Alley Apron*
1,700
SF
$
$
l $
3 o rood
9
PCC Sidewalk (T=4")*
56,900
SF
$
$
11
�2Saoo
10
PCC Curb and Gutter (Type A-2-6)*
1,300
LF
$
$
11
PCC Curb and Gutter (Type A-2-8)*
500
LF
$
$
6S
i2Soo
12
PCC Rolled Curb*
100
LF
$
$
foz
6Soo
13
PCC 6" Curb And/or Match Existing*
4,500
LF
$
$
�`1
z 4 30o0
P-1 of P-23
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
Item
Description
Qty
Unit
Unit Price
Amount
14
PCC Curb Ramp*
6,000
SF
15
PCC Cross Gutter (Local)*
2,600
SF
$
$
Zo
$zooc,
16
Construct Sidewalk Culvert*
20
LF
$
$
Li 5-0
�1 oco
17
Decorative Brick Pavement*
900
SF
$
$
ZT
18
Retaining Curb*
500
LF
$
$
4-t
Zit Soo
19
Furnish and Install New #6 Pull Box to
18
EA
$
$
Finished Grade
14300
32y,00
20
Root Shave*
75
EA
$
$
?Od
5 z Soc�
21
Furnish and Install New Water Valve
39
EA
$
$
Frame and Cover to Finished Grade
1 \ 00
y 29oc,
22
Adjust Manhole Frame & Cover to
14
EA
$
$
Finished Grade
1180
13'? 2 0
23
Adjust Sewer Cleanout to Finish Grade
3
EA
$
$
-75o
Z2.Sp
24
Furnish and Install New Water Meter
22
EA
$
$
Box
500
t 000
25
Fire Hydrant Assembly*
6
EA
$
$
17 000
1020010
26
Furnish and Install Tree*
1
EA
$
$
5000
50ci
27
Remove Tree and Roots Complete*
1
EA
$
$
3000
-3000
28
Tubular Steel Guard Rail*
150
LF
$
$
2-7o
y�5oo
29
Crack Seal with Deere Super Gray*
2,000
LF
$
$
5
l0OCDO
30
Adjust Survey Monument Frame and
2
EA
$
$
Cover to Finished Grade*
`R $d
1960
31
Furnish and Install Traffic Loop Type
37
EA
$
$
D*
3 7o
t 3 F�to
32
Furnish and Install Traffic Loop Type
64
EA
$
$
E*
400
ZSyao
33
Signing and Striping
1
LS
$
$
Sc�
�ooa
6800a
P-2 of P-23
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
Item
Description
Qty
Unit
Unit Price
Amount
34
Filterra System and Installation
1
LS
$ -74oco
$
Z`(boo
35
Temporary Construction Sign
10
EA
$
$
S4o
36
Construction Permit
1
LS
$30,000
$30,000
37
Project Advertisement Sign
2
EA
$
$
950
lSob
38
SWPPP Risk Level #2
1
LS
$
$
3S-7CXX2
3S�000
P-3 of P-23
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
TOTAL BASE BID (1-38) $ S, '95'b,-1ZO `
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown
above, within 100 working days after the commencement date stated in the Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications, shall be $5,000 per calendar day.
PALP. INI DBA
Name of Firm EXCEL P 11NG COMPANY
Signature of BIDDER >
Title % Curtis P. Brown III
(If an individual, so s-fate. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
Curtis P. Brown III President and Chief Executive Officer
David A. Drukker Vice President and Chief Financial Officer
Marcia S. Miller Secretary
Crissa A. Phfllipt Amt. Neretary
P-4 of P-23
EXHIBIT 4
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
This CONSTRUCTION CONTRACT is made and entered into this 201h day of December, 2022 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (hereinafter "CITY"), and Palp, Inc. DBA Excel
Paving Company (hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the Safe Routes to School Davis Elementary Access Compliance
Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance
with the Contract Documents prepared by the City's Public Works Agency and approved by the City
Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the sum total amount not to exceed Five Million Five Hundred and Fifty Eight
Thousand Four Hundred and Twenty Dollars and No Cents ($5,558,420.00), as set forth and identified
in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A."
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
rev. 09/01/2017 Page 1 of 4
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "D") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 4
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity
in favor of CONTRACTOR against CITY or any other Indemnitee.
11. FEDERAL PROVISIONS.
The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this
reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar
kinds of labor, the CONTRACTOR shall not pay less than the higher rate.
The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the
CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C"
and incorporated herein by this reference.
The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal -
Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference.
With respect to any conflict between such federal requirements and the Contract Documents and/or the
provisions of state law and except as otherwise required under federal law or regulation, the more stringent
requirement shall control
12. USE OF CSLFRF FUNDS.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery
Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program,
will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all
applicable federal requirements including, but not limited to, the following, all of which are expressly
incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue
Plan Act of 2021 (the "Act");
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Page 3 of 4
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit "E" and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in
this Construction Contract. With respect to any conflict between such federal requirements and the terms
of this Construction Contract and/or the provisions of state law and except as otherwise required under
federal law or regulation, the more stringent requirement shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: �?"��
JOHN M. FUNK
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
Palp, Inc. DBA Excel Paving Company
NAME:
TITLE:
Page 4 of 4
Exhibit A
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
PALP, INC OBA
FROM: EXCEL PAVING COMPANY
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
furnish all material and do all the work required to complete the said work in accordance with said
plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following
schedule:
Item
Description
Qty
Unit
Unit Price
Amount
1
Unclassified Excavation*
4,200
CY
$
$
top
$y 000a
2
Removal of PCC Pavement*
1,800
CY
$
$
2-00
3tooaov
3
Construct PCC with (3-day) Cure with
1,800
CY
$
$
Dowels*
�Oc�
14N000a
4
AC Pavement*
1,400
TN
$
IaB
$
2-7720o
5
Asphalt Rubber Hot Mix (ARHM)*
400
TN
$
$
23`1
'-173t7oo
6
PCC Driveway Approach (T=6")*
11,500
SF
$
$
j (o
I Sy o00
7
PCC Driveway Approach (T=8")*
6,400
SF
$
$
ZO
I2$c�vo
8
PCC Alley Apron*
1,700
SF
$
$
l $
3 o rood
9
PCC Sidewalk (T=4")*
56,900
SF
$
$
i1
�zraoa
10
PCC Curb and Gutter (Type A-2-6)*
1,300
LF
$
$
toS
�`fsov
11
PCC Curb and Gutter (Type A-2-8)*
500
LF
$
$
6S
32soo
12
PCC Rolled Curb*
100
LF
$
$
fob
hSoo
13
PCC 6" Curb And/or Match Existing*
4,500
LF
$
$
z 43ovo
P-1 of P-23
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
Item
Description
Qty
Unit
Unit Price
Amount
14
PCC Curb Ramp*
6,000
SF
15
PCC Cross Gutter (Local)*
2,600
SF
$
$
Zo
$zooc,
16
Construct Sidewalk Culvert*
20
LF
$
$
Li 5-0
�1 oco
17
Decorative Brick Pavement*
900
SF
$
$
ZT
18
Retaining Curb*
500
LF
$
$
4-t
Zit Soo
19
Furnish and Install New #6 Pull Box to
18
EA
$
$
Finished Grade
14300
32y,00
20
Root Shave*
75
EA
$
$
?Od
5 z Soc�
21
Furnish and Install New Water Valve
39
EA
$
$
Frame and Cover to Finished Grade
1 \ 00
y 29oc,
22
Adjust Manhole Frame & Cover to
14
EA
$
$
Finished Grade
1180
13'? 2 0
23
Adjust Sewer Cleanout to Finish Grade
3
EA
$
$
-75o
Z2.Sp
24
Furnish and Install New Water Meter
22
EA
$
$
Box
500
t 000
25
Fire Hydrant Assembly*
6
EA
$
$
17 000
1020010
26
Furnish and Install Tree*
1
EA
$
$
5000
50ci
27
Remove Tree and Roots Complete*
1
EA
$
$
3000
-3000
28
Tubular Steel Guard Rail*
150
LF
$
$
2-7o
y�5oo
29
Crack Seal with Deere Super Gray*
2,000
LF
$
$
5
l0OCDO
30
Adjust Survey Monument Frame and
2
EA
$
$
Cover to Finished Grade*
`R $d
1960
31
Furnish and Install Traffic Loop Type
37
EA
$
$
D*
3 7o
t 3 F�to
32
Furnish and Install Traffic Loop Type
64
EA
$
$
E*
400
ZSyao
33
Signing and Striping
1
LS
$
$
Sc�
�ooa
6800a
P-2 of P-23
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
Item
Description
Qty
Unit
Unit Price
Amount
34
Filterra System and Installation
1
LS
$ -74oco
$
Z`(boo
35
Temporary Construction Sign
10
EA
$
$
S4o
36
Construction Permit
1
LS
$30,000
$30,000
37
Project Advertisement Sign
2
EA
$
$
950
lSob
38
SWPPP Risk Level #2
1
LS
$
$
3S-7CXX2
3S�000
P-3 of P-23
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 19-6951
SAFE ROUTES TO SCHOOL
DAVIS ELEMENTARY ACCESS COMPLIANCE
TOTAL BASE BID (1-38) $ S, '95'b,-1ZO `
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown
above, within 100 working days after the commencement date stated in the Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications, shall be $5,000 per calendar day.
PALP. INI DBA
Name of Firm EXCEL P 11NG COMPANY
Signature of BIDDER >
Title % Curtis P. Brown III
(If an individual, so s-fate. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
Curtis P. Brown III President and Chief Executive Officer
David A. Drukker Vice President and Chief Financial Officer
Marcia S. Miller Secretary
Crissa A. Phfllipt Amt. Neretary
P-4 of P-23
9/14/22, 1:45 PM SAM.gov
"General Decision Number: CA20220024 09/02/2022
EXHIBIT B
Superseded General Decision Number: CA20210024
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
JIf the contract is entered Executive Order 14026
linto on or after January 30, generally applies to the
12022, or the contract is contract.
renewed or extended (e.g., an The contractor must pay
loption is exercised) on or all covered workers at
after January 30, 2022: least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
JIf the contract was awarded onl.
for between January 1, 2015 andl
13anuary 29, 2022, and the
contract is not renewed or �.
lextended on or after January
130, 2022: 1
1 1
1 1
1 1
1 1
1 1
1 I_
Executive Order 13658
generally applies to the
contract.
The contractor must pay alll
covered workers at least
$11.25 per hour (or the
applicable wage rate listed)
on this wage determination,1
if it is higher) for all
hours spent performing on
that contract in 2022. I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number
0
1
2
3
4
5
6
Publication Date
01/07/2022
01/14/2022
01/21/2022
02/04/2022
02/18/2022
02/25/2022
03/04/2022
https://sam.gov/wage-determination/CA20220024/12 1 /22
9/14/22, 1:45 PM
SAM.gov
7
04/01/2022
8
04/29/2022
9
08/05/2022
10
08/12/2022
11
08/19/2022
12
09/02/2022
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 32.09 19.66
ASBE0005-004 07/05/2021
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 22.40 13.07
* BRCA0004-010 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER ........ $ 41.39 18.95
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER ..................$ 35.90 14.11
TILE FINISHER ....................$ 30.47 12.52
TILE LAYER .......................$ 43.09 18.31
----------------------------------------------------------------
BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER ................$ 35.43 14.10
TERRAZZO WORKER/SETTER...........$ 43.61 14.63
----------------------------------------------------------------
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
https://sam.gov/wage-determination/CA20220024/12 2/22
9/14/22, 1:45 PM
SAM.gov
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$
51.60
16.28
(2) Millwright ..............$
52.10
16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................$
51.73
16.28
(4) Pneumatic Nailer,
Power Stapler ...............$
51.85
16.28
(5) Sawfiler...............$
51.69
16.28
(6) Scaffold Builder.......$
42.80
16.28
(7) Table Power Saw
Operator ....................$
51.70
16.28
FOOTNOTE: Work of forming in the 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 portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
----------------------------------------------------------------
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer ...... $ 21.85 7.15
----------------------------------------------------------------
ELEC0011-002 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer ...................$ 43.87 3%+15.03
Technician ..................$ 33.30 3%+27.82
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV
monitoring and surveillance, background -foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi -media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
https://sam.gov/wage-determination/CA20220024/12 3/22
9/14/22, 1:45 PM SAM.gov
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
----------------------------------------------------------------
ELEC0441-001 12/27/2021
Rates Fringes
CABLE SPLICER ....................$ 54.65 22.98
ELECTRICIAN ......................$ 52.25 22.91
----------------------------------------------------------------
* ELEC0441-003 12/27/2021
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer ...................$ 41.68 15.90
Technician ..................$ 31.23 15.39
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi -media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background -Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low -Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. *Fire Alarm Systems -installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
*Fire Alarm Systems
1. Fire Alarms -In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits.
2. Fire Alarms -Open Wire Systems: installed by the Technician.
https://sam.gov/wage-determination/CA20220024/12 4/22
9/14/22, 1:45 PM SAM.gov
----------------------------------------------------------------
ELEC0441-004 12/27/2021
Rates Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
Splicer .....................$ 52.85 22.93
Electrician .................$ 52.25 22.91
Technician ..................$ 39.19 22.52
SCOPE OF WORK: Electrical work on public streets, freeways,
toll -ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways, toll -ways, etc.
Intelligent Transportation Systems shall include all systems
and components to control, monitor, and communicate with
pedestrian or vehicular traffic, included but not limited
to: installation, modification, removal of all Fiber optic
Video System, Fiber Optic Data Systems, Direct interconnect
and Communications Systems, Microwave Data and Video
Systems, Infrared and Sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio Systems, highway Weight and
Motion Systems, etc.
Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
fitting and bandaging of ducts, raceways, and conduits.
The cleaning, rodding and installation of ""fish and pull
wires"". The excavation, setting, leveling and grouting of
precast manholes, vaults, and pull boxes including ground
rods or grounding systems, rock necessary for leveling and
drainagae as well as pouring of a concrete envelope if
needed.
JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
JOURNEYMAN TECHNICIAN duties shall consist of: Distribution
of material at job site, manual excavation and backfill,
installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication
systems. Pulling, terminating and splicing of traffic
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video/data.
----------------------------------------------------------------
ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$
64.40
22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) .............$
50.00
21.30
(3) Groundman...............$
38.23
20.89
(4) Powderman...............$
51.87
18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
https://sam.gov/wage-determination/CA20220024/12 5/22
9/14/22, 1:45 PM SAM.gov
----------------------------------------------------------------
ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC ................$ 61.34 36.885+a+b
FOOTNOTE:
a. 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.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGIO012-003 07/01/2020
Rates
Fringes
OPERATOR:
Power Equipment
(All Other
Work)
GROUP
1....................$
48.25
27.20
GROUP
2....................$
49.03
27.20
GROUP
3....................$
49.32
27.20
GROUP
4....................$
50.81
27.20
GROUP
5....................$
48.96
25.25
GROUP
6....................$
51.03
27.20
GROUP
8....................$
51.14
27.20
GROUP
9....................$
49.29
25.25
GROUP
10....................$
51.26
27.20
GROUP
11....................$
49.41
25.25
GROUP
12....................$
51.43
27.20
GROUP
13....................$
51.53
27.20
GROUP
14....................$
51.56
27.20
GROUP
15....................$
51.64
27.20
GROUP
16....................$
51.76
27.20
GROUP
17....................$
51.93
27.20
GROUP
18....................$
52.03
27.20
GROUP
19....................$
52.14
27.20
GROUP
20....................$
52.26
27.20
GROUP
21....................$
52.43
27.20
GROUP
22....................$
52.53
27.20
GROUP
23....................$
52.64
27.20
GROUP
24....................$
52.76
27.20
GROUP
25...... ............ ..$
52.93
27.20
OPERATOR:
Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP
1....................$
49.60
27.20
GROUP
2....................$
50.38
27.20
GROUP
3....................$
50.67
27.20
GROUP
4....................$
50.81
27.20
GROUP
5....................$
51.03
27.20
GROUP
6....................$
51.14
27.20
GROUP
7....................$
51.26
27.20
GROUP
8....................$
51.43
27.20
GROUP
9....................$
51.60
27.20
GROUP
10....................$
52.60
27.20
GROUP
11....................$
53.60
27.20
GROUP
12....................$
54.60
27.20
GROUP
13....................$
55.60
27.20
OPERATOR:
Power Equipment
(Tunnel Work)
GROUP
1....................$
50.10
27.20
GROUP
2....................$
50.88
27.20
GROUP
3....................$
51.17
27.20
GROUP
4....................$
51.31
27.20
GROUP
5....................$
51.53
27.20
GROUP
6....................$
51.64
27.20
GROUP
7....................$
51.76
27.20
https://sam.gov/wage-determination/CA20220024/12 6/22
9/14/22, 1:45 PM
SAM.gov
PREMIUM PAY:
$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 Palms 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.
SEE 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 loed, 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; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine 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 machine 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 (small portable); Drilling 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 stomper; 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 machine 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 operator (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
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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 machine 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 depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; 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 Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
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 engine 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 machine 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 operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar -bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types -Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types -drilling 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 and similar type -except Quad 9
cat.); Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
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and similar types; Prestressed wrapping machine operator;
Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto 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 -wheel -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: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, 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 equipment operator,
operating equipment with push-pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -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 - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding 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)
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GROUP 20: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 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,
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 engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, 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 equipment operator, 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 operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane 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 crane (Austin -Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (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
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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 up 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: Crane 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: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment 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 to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber -tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
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$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, 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. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T8S, R10E, 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 Imperial 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 the NW corner of Section 1,
T17N, R14E, 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
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM 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, continue S along
the 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 side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, 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 T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
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T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the 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, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------------------------------
ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$
56.40
30.00
(2) Dredge dozer............$
50.43
30.00
(3) Deckmate................$
50.32
30.00
(4) Winch operator (stern
winch on dredge)............$
49.77
30.00
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
49.23
30.00
(6) Barge Mate ..............$
49.84
30.00
IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector ...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural ..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center -Goldstone, San Clemente Island, San Nicholas Island,
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Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
* LAB00300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer ......... $ 39.23 23.28
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- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
----------------------------------------------------------------
LAB00345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE 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 work 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
----------------------------------------------------------------
* LAB00652-001 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP
1.....................$
45.68
23.30
GROUP
2.....................$
46.00
23.30
GROUP
3.....................$
46.46
23.30
GROUP
4.....................$
47.15
23.30
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LABORER
GROUP
1.....................$
36.39
21.04
GROUP
2.....................$
36.94
21.04
GROUP
3.....................$
37.49
21.04
GROUP
4.....................$
39.04
21.04
GROUP
5.....................$
39.39
21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike -off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler 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 lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, 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 construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(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, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi -plate; Kettle person,
pot person and workers applying 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 boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
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trench bracing, hand -guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in 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 point 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
used for the conveying 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 work 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; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; 7ackleg miner; Jumbo 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
LAB00652-003 07/01/2022
Rates Fringes
Brick Tender .....................$ 37.32 23.18
LABO1184-001 07/01/2022
Rates
Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$
40.69
18.25
(2) Vehicle Operator/Hauler.$
40.86
18.25
(3) Horizontal Directional
Drill Operator ..............$
42.71
18.25
(4) Electronic Tracking
Locator .....................$
44.71
18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$
41.90
21.32
GROUP 2.....................$
43.20
21.32
https://sam.gov/wage-determination/CA20220024/12
16/22
9/14/22, 1:45 PM
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
SAM.gov
LABORERS - STRIPING CLASSIFICATIONS
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 technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling 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 includes 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 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER ..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-008 10/01/2021
Rates Fringes
DRYWALL FINISHER/TAPER ........... $ 43.63 22.92
----------------------------------------------------------------
PAIN0036-015 01/01/2020
https://sam.gov/wage-determination/CA20220024/12 17/22
9/14/22, 1:45 PM
Rates Fringes
SAM.gov
GLAZIER ..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PAIN1247-002 01/01/2021
Rates Fringes
SOFT FLOOR LAYER .................$ 38.75 14.03
----------------------------------------------------------------
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER ........................$ 47.37 19.64
----------------------------------------------------------------
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91
----------------------------------------------------------------
* PLUM0016-001 09/01/2022
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space .................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work ........................$ 55.18 26.26
* PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work .... $ 42.29 23.03
----------------------------------------------------------------
ROOF0036-002 08/01/2022
Rates Fringes
ROOFER ...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
https://sam.gov/wage-determination/CA20220024/12 18/22
9/14/22, 1:45 PM SAM.gov
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay.
----------------------------------------------------------------
SFCA0669-008 04/01/2022
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER .................$ 43.25 26.77
----------------------------------------------------------------
SFCA0709-003 01/01/2021
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS
ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire) .......... $ 48.71 29.15
----------------------------------------------------------------
SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work ........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
----------------------------------------------------------------
TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP
1....................$
32.59
30.59
GROUP
2....................$
32.74
30.59
GROUP
3....................$
32.87
30.59
GROUP
4....................$
33.06
30.59
GROUP
5....................$
33.09
30.59
GROUP
6....................$
33.12
30.59
GROUP
7....................$
33.37
30.59
GROUP
8....................$
33.62
30.59
GROUP
9....................$
33.82
30.59
GROUP
10....................$
34.12
30.59
GROUP
11....................$
34.62
30.59
GROUP
12....................$
35.05
30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
https://sam.gov/wage-determination/CA20220024/12 19/22
9/14/22, 1:45 PM
SAM.gov
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
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 mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (ED) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the ED, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
https://sam.gov/wage-determination/CA20220024/12 20/22
9/14/22, 1:45 PM SAM.gov
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
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
(29CFR 5.5 (a) (1) (ii)).
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. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
"'UAVG'" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
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. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
https://sam.gov/wage-determination/CA20220024/12 21 /22
9/14/22, 1:45 PM
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
SAM.gov
A UAVG rate will be updated once a year, usually in ]anuary of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has 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
interested party'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 party may appeal directly to the Administrative
Review Board (formerly 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 DECISIO"
https://sam.gov/wage-determination/CA20220024/12 22/22
EXHIBIT C
FHWA-1273 -- Revised July 5, 2022
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
performed on the contract by the contractor's own organization
I. General and with the assistance of workers under the contractor's
II. Nondiscrimination immediate superintendence and to all work performed on the
III. Non -segregated Facilities contract by piecework, station work, or by subcontract. 23
IV. Davis -Bacon and Related Act Provisions CFR 633.102(d).
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States -Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design -builder shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation -for -bids or request -for -proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower -tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal -aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal -aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"it is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre -apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT's FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non -
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non -
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single -user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal -aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal -aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
(e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) o
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code. 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal -aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph 1 of this section, in the sum currently provided in 29
CFR 5.5(b)(2)* for each calendar day on which such individual
was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph 1 of this
section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FIR 213-01, 218) as may
be adjusted annually by the Department of Labor; pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990).
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 2 of this section.
29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraphs 1
through 4 of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1 through 4 of this
section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self -performance requirement of paragraph
(1) is not applicable to design -build contracts; however,
contracting agencies may establish their own self -performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal -aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.326.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
"First Tier Covered Transactions" refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
"Lower Tier Covered Transactions" refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). "First Tier Participant" refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). "Lower Tier Participant' refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 — 180.1020, and 1200.
You may contact the person to which this proposal is
10
submitted for assistance in obtaining a copy of those
regulations. "First Tier Covered Transactions" refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). "Lower Tier Covered Transactions" refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). "First Tier Participant' refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). "Lower Tier Participant' refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.aov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion --Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency, 2
CFR 180.355;
(b) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
11
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES -FLAG VESSELS:
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal -aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded -contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal -aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States -flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States -flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
'on -board' commercial ocean bill -of -lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills -of -lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
12
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
13
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
EXHIBIT D
FEDERAL -AID CONTRACT PROVISIONS
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The CONTRACTOR, subrecipient or subcontractor shall take necessary and reasonable steps to ensure
that DBEs have opportunity to participate in the contract (49CFR26). To ensure equal participation of
DBEs provided in 49CFR26.5, the CITY shows a Contract goal for DBEs. The CONTRACTOR shall
make work available to DBEs and select work parts consistent with available DBE subcontractors and
suppliers.
The CONTRACTOR shall meet the DBE goal shown in the Instruction to Bidders or demonstrate that
you made adequate good faith efforts to meet this goal.
It is the CONTRACTOR's responsibility to verify that at date of bid opening the DBE firm is certified
as a DBE by using the California Unified Certification Program (CUCP) database and possesses the
most specific available North American Industry Classification System (NAICS) codes and work code
applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor
is responsible to document the verification record by printing out the California Unified Certification
Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally
mandated statewide overall DBE goal.
Credit for materials or supplies the CONTRACTOR purchases from DBEs counts towards the goal in
the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of
materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular
dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
The CONTRACTOR receives credit towards the goal if they employ a DBE trucking company that
performs a commercially useful function as defined in 49CFR26.55(d)(1) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a particular contract, and there cannot be a contrived
arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational
truck used on the Contract.
• The DBE receives credit for the total value of the transportation services it provides on the
Contract using trucks it owns, insures, and operates using drivers it employs.
• The DBE may lease trucks from another DBE firm, including an owner -operator who is
certified as a DBE. The DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the Contract.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
• The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the
DBE leases trucks from a non -DBE truck leasing company and uses its own employees as
drivers, it is entitled to credit for the total value of these hauling services.
• A lease must indicate that the DBE has exclusive use of and control over the truck. This does
not preclude the leased truck from working for others during the term of the lease with the
consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased
truck. Leased trucks must display the name and identification number of the DBE.
Nondiscrimination Statement
The CONTRACTOR, subrecipient or subcontractor will never exclude any person from participation in,
deny any person the benefits of, or otherwise discriminate against anyone in connection with the award
and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.
In administering the CITY components of the DBE Program Plan, the CONTRACTOR, subrecipient or
subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of
administration that have the effect of defeating or substantially impairing accomplishment of the
objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national
origin.
Contract Assurance
Under 49 CFR 26.13(b):
The CONTRACTOR, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable
requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the
CONTRACTOR to carry out these requirements is a material breach of this Contract, which may result in
the termination of this Contract or such other remedy as the recipient deems appropriate, which may
include, but is not limited to:
• Withholding monthly progress payments;
• Assessing sanctions;
• Liquidated damages; and/or
• Disqualifying the CONTRACTOR from future bidding as non -responsible.
Prompt Progress Payment
The CONTRACTOR or subcontractor shall pay to any subcontractor, not later than seven days after
receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed
the contractor on account of the work performed by the subcontractors, to the extent of each
subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the
amount due on a progress payment from the CONTRACTOR or subcontractor to a subcontractor, the
CONTRACTOR or subcontractor may withhold no more than 150 percent of the disputed amount. Any
violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that
payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing parry shall be entitled to his
or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from,
and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both
DBE and non -DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
The CITY shall hold retainage from the CONTRACTOR and shall make prompt and regular incremental
acceptances of portions, as determined by the CITY of the Contract work and pay retainage to the prime
CONTRACTOR based on these acceptances. The CONTRACTOR or subcontractor shall return all
monies withheld in retention from all subcontractors within seven (7) days after receiving payment for
work satisfactorily completed and accepted including incremental acceptances of portions of the Contract
work by the CITY. Any delay or postponement of payment may take place only for good cause and with
the CITY's prior written approval. Any violation of these provisions shall subject the violating
CONTRACTOR or subcontractor to the penalties, sanctions, and other remedies specified in Section
7108.5 of the California Business and Professions Code and Section 10262 of the California Public
Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative
or judicial remedies otherwise available to the CONTRACTOR or subcontractor in the event of a dispute
involving late payment or nonpayment by the CONTRACTOR; deficient subcontractor performance
and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds
to Subcontractors shall subject the violating CONTRACTOR or subcontractor to the penalties, sanctions
and other remedies specified therein. These requirements shall not be construed to limit or impair any
contractual, administrative, or judicial remedies otherwise available to the CONTRACTOR or
subcontractor in the event of a dispute involving late payment or nonpayment by CONTRACTOR,
deficient subcontract performance, or noncompliance by a subcontractor.
Termination and Substitution of DBE Subcontractors
The CONTRACTOR shall utilize the specific DBEs listed to perform the work and supply the materials
for which each is listed unless the CONTRACTOR obtains the CITY's written consent. The
CONTRACTOR shall not terminate or substitute a listed DBE for convenience and perform the work with
their own forces or obtain materials from other sources without prior written authorization from the CITY.
Unless the CITY's prior written consent is provided, the CONTRACTOR shall not be entitled to any
payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G
Construction Contract DBE Commitment form, included in the Bid.
The CITY authorizes a request to use other forces or sources of materials if the bidder shows any of the
following justifications:
1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for
the project.
2.The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE
fails to meet your bond requirements.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
3.Work requires a contractor's license and listed DBE does not have a valid license under
Contractors License Law.
4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or
refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is
a result of bad faith or discrimination).
5.Listed DBE's work is unsatisfactory and not in compliance with the Contract.
6.Listed DBE is ineligible to work on the Project because of suspension or debarment.
7.Listed DBE becomes bankrupt or insolvent.
8.Listed DBE voluntarily withdraws with written notice from the Contract
9.Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work
on the Contract.
11. The CITY determines other documented good cause.
The CONTRACTOR shall notify the original DBE of your intent to use other forces or material sources
and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the CONTRACTOR
and the CITY of the reasons why the use of other forces or sources of materials should not occur.
1. One or more of the reasons listed in the preceding paragraph.
2.Notices from the CONTRACTOR to the DBE regarding the request.
3.Notices from the DBEs to the CONTRACTOR regarding the request.
If the CITY authorizes the termination or substitution of a listed DBE, the CONTRACTOR must make
good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1)
perform at least the same amount of work as the original DBE under the Contract to the extent needed to
meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes
and work codes applicable to the type of work the DBE will perform on the Contract at the time of the
CONTRACTOR's request for substitution. The CONTRACTOR shall submit their documentation of
good faith efforts within 7 days of their request for authorization of the substitution. The CITY may
authorize a 7-day extension of this submittal period at the CONTRACTOR's request. More guidance can
be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
Commitment and Utilization
Note: In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments
and attainments.
The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE
commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid
book. This exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the
bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in
the Contract Documents regardless of whether DBE participation is reported. The bidder shall provide
written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall
submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and
submitted by all bidders to the CITY within five (5) days of bid opening. If the bidder does not submit the
DBE Commitment form within the specified time, the CITY will find the bidder's bid nonresponsive.
The CONTRACTOR shall use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of
Subcontractors (DBE and Non -DBE), and Exhibit 15-G Construction Contract DBE Commitment form
unless they receive authorization for a substitution.
The CITY shall request the CONTRACTOR to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1 st-tier subcontractor
• Name and business address of each DBE subcontractor, DBE vendor, and DBE
trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F
Monthly Disadvantaged Business Enterprise Payment)
If the CONTRACTOR is a DBE contractor, they shall include the date of work performed by their own
forces and the corresponding value of the work.
Before the 15th of each month, the CONTRACTOR shall submit a Monthly DBE Trucking Verification
(LAPM Exhibit 16-Z 1) form.
If a DBE is decertified before completing its work, the DBE must notify the CONTRACTOR in writing
of the decertification date. If a business becomes a certified DBE before completing its work, the business
must notify the prime contractor in writing of the certification date. The CONTRACTOR shall submit the
notifications. Upon work completion, the CONTRACTOR shall complete a Disadvantaged Business
Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form within 30 days
of contract acceptance.
DBE Running Tally of Attainments
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the
loth of the following month, the CONTRACTOR shall complete and email the Exhibit 9- F:
Disadvantaged Business Enterprise Running Tally of Payments to business. support.unit@dot.ca.gov with
a copy to the CITY.
2. BID OPENING
The CITY publicly opens and reads bids at the time and place shown in the Notice Inviting Bids.
3. BID RIGGING
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
See the Special Instructions to Bidders for Federally Funded Projects in the Instruction to Bidders.
4. CONTRACT AWARD
If the CITY awards the Construction Contract, the award is made to the lowest responsible and responsive
bidder.
5. CONTRACTOR LICENSE
The CONTRACTOR must be properly licensed from Construction Contract award through Construction
Contract acceptance (Public Contract Code § 10164).
6. CHANGED CONDITIONS
Differing Site Conditions
Section 2-9 of the Standard Specifications includes provisions for differing site conditions.
Suspensions of Work Ordered by the Engineer
If the performance of all or any portion of the Work is suspended or delayed by the CITY in writing for
an unreasonable period of time (not originally anticipated, customary, or inherent to the construction
industry) and the CONTRACTOR believes that additional compensation and/or contract time is due as a
result of such suspension or delay, the CONTRACTOR shall submit to the CITY in writing a request for
adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set
forth the reasons and support for such adjustment.
Upon receipt, the CITY will evaluate the CONTRACTOR's request. If the CITY agrees that the cost
and/or time required for the performance of the Contract has increased as a result of such suspension and
the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR,
its suppliers, or subcontractors at any approved tier, and not caused by weather, the CITY will make an
adjustment (excluding profit) and modify the Contract in writing accordingly. The CONTRACTOR will
be notified of the CITY's determination whether or not an adjustment of the Contract is warranted.
No Contract adjustment will be allowed unless the CONTRACTOR has submitted the request for
adjustment within the time prescribed.
Significant Changes in the Character of Work
The CITY reserves the right to make, in writing, at any time during the Work, such changes in quantities
and such alterations in the Work as are necessary to satisfactorily complete the project. Such changes in
quantities and alterations shall not invalidate the Contract nor release the surety, and the CONTRACTOR
agrees to perform the Work as altered.
If the alterations or changes in quantities significantly change the character of the Work under the
Contract, whether such alterations or changes are in themselves significant changes to the character of the
Work or by affecting other work cause such other work to become significantly different in character, an
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment shall
be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment
will be made either for or against the CONTRACTOR in such amount as the CITY may determine to be
fair and equitable.
If the alterations or changes in quantities do not significantly change the character of the work to be
performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.
The term "significant change" shall be construed to apply only to the following circumstances:
When the character of the Work as altered differs materially in kind or nature from that
involved or included in the original proposed construction; or
When a major item of Work, as defined elsewhere in the Contract, is increased in excess
of 125 percent or decreased below 75 percent of the original Contract quantity. Any
allowance for an increase in quantity shall apply only to that portion in excess of 125
percent of original Contract item quantity, or in case of a decrease below 75 percent, to
the actual amount of Work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Bid Proposal includes provisions for the beginning of Work, time of completion, and liquidated
damages.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the Work with certificates of compliance
and certified mill test reports. Mill test reports must indicate where the steel and iron were melted
and manufactured. Steel and iron materials must be produced in the U.S. except:
• Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic
production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
• If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total
bid or $2,500, materials produced outside the U.S. may be used.
Production includes:
Processing steel and iron materials, including smelting or other processes that alter the physical
form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical
composition;
• Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances
the value of steel and iron materials.
9. QUALITY ASSURANCE
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
The CITY uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the
Contract. You may examine the records and reports of tests the CITY performs if they are available at the
job site. Schedule Work to allow time for QAP in accordance with the Contract Documents.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly
submitted payment request from the CONTRACTOR. If the CITY fails to pay promptly, the CITY shall
pay interest to the CONTRACTOR, which accrues at the rate of 10 percent per annum on the principal
amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall
act in accordance with both of the following:
Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the
purpose of determining that it is a proper payment request.
• Any payment request determined not to be a proper payment request suitable for payment shall be
returned to the CONTRACTOR as soon as practicable, but not later than seven (7) days, after
receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting
forth in writing the reasons why the payment request is not proper.
11. FORM FWHA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID
CONTRACTS
See Exhibit `B" of the Construction Contract.
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid
Construction Contracts," the following are for female and minority utilization goals for Federal -aid
construction contracts and subcontracts that exceed $10,000:
• The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic
Area
(Percent)
Redding CA:
174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco -Oakland -San Jose, CA:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
SMSA Counties:
7120 Salinas -Seaside -Monterey, CA
28.9
CA Monterey
7360 San Francisco -Oakland
25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara, CA
19.6
176
7485 Santa Cruz, CA
CA Santa Cruz
14.9
7500 Santa Rosa
CA Sonoma
9.1
8720 Vallejo -Fairfield -Napa, CA
CA Napa; CA Solano
17.1
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
23.2
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA 16.1
177 CA Placer; CA Sacramento;
CA Yolo Non-SMSA 14.3
Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA
Sutter; CA Yuba
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA
Tuolumne
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana -Garden Grove, CA 11.9
CA Orange
4480 Los Angeles -Long Beach, CA 28.3
CA Los Angeles
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
6000 Oxnard -Simi Valley -Ventura, CA
21.5
180
CA Ventura
6780 Riverside -San Bernardino -Ontario, CA
19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara -Santa Maria -Lompoc, CA
19.7
CA Santa Barbara
Non-SMSA Counties
24.6
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
l 81 7320 San Diego, CA 16.9
CA San Diego
Non-SMSA Counties 18.2
CA Imperial
For the last full week July during which work is performed under the contract, you and each non material -
supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391
(Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
Appendix A
During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in
interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
Contract.
Nondiscrimination: CONTRACTOR, with regard to the Work performed by it during the Contract,
shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability
in the selection and retention of sub -applicants, including procurements of materials and leases of
equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
agreement covers a program set forth in Appendix B of the Regulations.
Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be
performed under a sub- agreement, including procurements of materials or leases of equipment,
each potential sub -applicant or supplier shall be notified by CONTRACTOR of the
CONTRACTOR's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
Information and Reports: CONTRACTOR shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the California
Department of Transportation or FHWA to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of CONTRACTOR is in the exclusive
possession of another who fails or refuses to furnish this information, CONTRACTOR shall so
certify to the California Department of Transportation or the FHWA as appropriate, and shall set
forth what efforts CONTRACTOR has made to obtain the information.
• Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
nondiscrimination provisions of this Contract, the California Department of Transportation shall
impose such agreement sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
o withholding of payments to CONTRACTOR under the Contract within a reasonable period
of time, not to exceed 90 days; and/or
o cancellation, termination or suspension of the Contract, in whole or in part.
• Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (A)
through (F) in every sub -agreement, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved
in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction,
CONTRACTOR may request the California Department of Transportation enter into such litigation to
protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter
into such litigation to protect the interests of the United States.
Appendix E
During the performance of this Contract, the CONTRACTOR, for itself, its assignees, and successors in
interest (hereinafter referred to as the "CONTRACTOR") agrees to comply with the following non-
discrimination statutes and authorities, including, but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis
of sex;
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented
by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14. USE OF UNITED STATES FLAG VESSELS (CARGO PREFERENCE ACT)
The CONTRACTOR agrees:
• To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable rates for United States -flag commercial vessels.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
• To furnish within 20 days following the date of loading for shipments originating within the United
State or within 30 working days following the date of loading for shipments originating outside
the United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in English
for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer
(through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590.
• To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
Contract.
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is
This section applies if a number of trainees or apprentices is specified in Special Conditions.
As part of the CONTRACTOR's equal opportunity affirmative action program, provide on-the-job
training to develop full journeymen in the types of trades or job classifications involved.
The CONTRACTOR primary responsibility for meeting this training requirement.
If the CONTRACTOR subcontracts a Contract part, determine how many trainees or apprentices are to
be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of
apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the
CONTRACTOR's needs and the availability of journeymen in the various classifications within a
reasonable recruitment area.
Before starting Work, the CONTRACTOR shall submit to the CITY:
• Number of apprentices or trainees to be trained for each classification
• Training program to be used
• Training starting date for each classification
The CONTRACTOR shall obtain the CITY's approval for this submitted information before the
CONTRACTOR starts Work. The CITY credits the CONTRACTOR for each apprentice or trainee the
CONTRACTOR employs on the Work who is currently enrolled or becomes enrolled in an approved
program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman
status. The CONTRACTOR shall make every effort to enroll minority and women apprentices or trainees,
such as conducting systematic and direct recruitment through public and private sources likely to yield
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
minority and women apprentices or trainees, to the extent they are available within a reasonable
recruitment area and show that they have made the efforts. In making these efforts, the CONTRACTOR
shall not discriminate against any applicant for training.
The CONTRACTOR shall not employ as an apprentice or trainee an employee:
• In any classification in which the employee has successfully completed a training course leading
to journeyman status or in which the employee has been employed as a journeyman
• Who is not registered in a program approved by the US Department of Labor, Bureau of
Apprenticeship and Training
The CONTRACTOR shall ask the employee if the employee has successfully completed a training course
leading to journeyman status or has been employed as a journeyman. The CONTRACTOR's records must
show the employee's answers to the questions.
In the training program, the CONTRACTOR shall establish the minimum length and training type for
each classification. The CITY and FHWA approves a program if one of the following is met:
• It is calculated to:
o Meet the your equal employment opportunity responsibilities
o Qualify the average apprentice or trainee for journeyman status in the classification
involved by the end of the training period
It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it
is administered in a way consistent with the equal employment responsibilities of Federal -aid
highway construction contracts
The CONTRACTOR shall obtain the State's approval for your training program before they start Work
involving the classification covered by the program.
The CONTRACTOR shall provide training in the construction crafts, not in clerk -typist or secretarial -
type positions. Training is allowed in lower level management positions such as office engineers,
estimators, and timekeepers if the training is oriented toward construction applications. Training is
allowed in the laborer classification if significant and meaningful training is provided and approved by
the division office. Off -site training is allowed if the training is an integral part of an approved training
program and does not make up a significant part of the overall training.
The CITY reimburses you 80 cents per hour of training given an employee on this Contract under an
approved training program:
• For on -site training
• For off -site training if the apprentice or trainee is currently employed on a Federal -aid project and
you do at least one of the following:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
o Contribute to the cost of the training
o Provide the instruction to the apprentice or trainee
o Pay the apprentice's or trainee's wages during the off -site training period
• If the CONTRACTOR complies with this section.
Each apprentice or trainee must:
• Begin training on the project as soon as feasible after the start of work involving the apprentice's
or trainee's skill
• Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
The CONTRACTOR shall furnish the apprentice or trainee with a copy of the program that the
CONTRACTOR will comply with in providing the training.
16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE EQUIPMENT AND SERVICES
In response to significant national security concerns, the CITY shall check the prohibited vendor list before
making any telecommunications and video surveillance purchase because recipients and subrecipients of
federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
9 Subsidiaries or affiliates of the above -mentioned companies.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize
available funding and technical support to assist affected businesses, institutions and organizations as is
reasonably necessary for those affected entities to transition from covered communications equipment and
services, to procure replacement equipment and services, and to ensure that communications service to
users and customers is sustained.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
EXHIBIT E
FEDERAL CONTRACT PROVISIONS
During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable
federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit
«A„
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO
PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) — Equal Employment Opportunity: During the performance of
this Construction Contract, CONTRACTOR agrees as follows:
Q The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
ii The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
iii The CONTRACTOR will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise have access
to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance
of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,
or is consistent with the CONTRACTOR's legal duty to furnish information.
iv The CONTRACTOR will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
under this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi The CONTRACTOR will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii In the event of the CONTRACTOR's noncompliance with the nondiscrimination
clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction
Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be
declared ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii The CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance:
Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency, the
CONTRACTOR may request the United States to enter into such litigation to protect the interests of the
United States.
The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its
own employment practices when it participates in federally assisted construction work: Provided, That if
the CITY so participating is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate
in work on or under the Construction Contract.
The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
The CITY further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant
to the Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY
agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any
or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan,
insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under
the program with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Construction
Contract since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this
Construction Contract since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act:
Q Overtime Requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
ii Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph (ii) of this section.
iii Withholding for unpaid wages and liquidated damages. The CITY shall upon its
own action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR
or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any
other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of
CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (iii) of this section.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
iv Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement:
Not applicable to this Construction Contract.
(g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act:
Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §
7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees
that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding
agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR
agrees to include these requirements in each subcontract exceeding $150,000.
ii Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each
violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each
subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) — Debarment and Suspension:
This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
ii CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
iii This certification is a material representation of fact relied upon by CITY. If it is
later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
iv CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded
from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all
subcontractors performing work under this Construction Contract are not debarred, disqualified, or
otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR
further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not
in compliance during the term of this Construction Contract.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
(i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: CONTRACTORS that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the
certification regarding lobbying attached hereto as Attachment "1" and incorporated herein by this
reference.
0) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials:
CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R.
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement.
ii In the performance of this Construction Contract, the CONTRACTOR shall make
maximum use of products containing recovered materials that are EPA -designated items unless the
product cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
iii Information about this requirement, along with the list of EPA -designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
iv The CONTRACTOR also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act."
(k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and
Video Surveillance Services or Equipment:
Q CONTRACTOR shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system funded
under this Construction Contract. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
W For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security purposes, video surveillance and
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
Q Telecommunications or video surveillance services provided by such
entities or using such equipment.
Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity
owned or controlled by, or otherwise connected to, the government of a covered foreign country.
ii See Public Law 115-232, section 889 for additional information.
(1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement:
Q CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use
goods, products, or materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section must be included in all
subcontracts.
ii For purposes of this section:
(11,) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in
the United States.
Q "Manufactured products" means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents, papers,
and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this
Construction Contract for the purposes of conducting audits or other investigations. Records shall be
maintained by CONTRACTOR for a period of five (5) years after completion of the project.
(b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the
Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply
with all other applicable federal statutes, regulations, and executive orders, including, without limitation,
the following:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by
reference.
ii Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by
reference.
iii OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower
tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the
award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
iv Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v,) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vi New Restrictions on Lobbying, 31 C.F.R. Part 21.
vii Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
Q Title VI of the Civil Rights Act of 1964 (42 U. S.C. § § 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color,
or national origin under programs or activities receiving federal financial assistance.
ii The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national
origin, sex, familial status, or disability.
iii Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving federal financial
assistance.
iv The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of
age in programs or activities receiving federal financial assistance.
Lv) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and
services provided or made available by state and local governments or instrumentalities or agencies
thereto.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
(d) False Statements. CONTRACTOR understands that making false statements or claims in
connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
Q In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating
to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of
law, rule, or regulation related to a federal contract (including the competition for or negotiation of a
contract) or grant.
ii The list of persons and entities referenced in the paragraph above includes the
following:
management;
enforcement agency;
(11,) A member of Congress or a representative of a committee of Congress;
Q An Inspector General;
(33,) The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or
An authorized official of the Department of Justice or other law
(66,) A court or grand jury; or
(77,) A management official or other employee of CONTRACTOR, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies
and programs for their employees when operating company -owned, rented or personally owned vehicles,
and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and
enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace
safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration
Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited
to, the following:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
0 CONTRACTOR ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits
of, or subjection to discrimination under programs and activities receiving federal funds, of any person in
the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent
executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or
guidance documents.
ii CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to
Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin, are limited in their English
proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services
and activities because of their limited proficiency in English is a form of national origin discrimination
prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate
reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs,
services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access
may entail providing language assistance services, including oral interpretation and written translation
where necessary to ensure effective communication in the Project.
iii CONTRACTOR agrees to consider the need for language services for LEP persons
during development of applicable budgets and when conducting programs, services and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more
information on LEP, please visit http://www.lep.gov.
iv CONTRACTOR acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which
such assistance is provided.
Lv) CONTRACTOR agrees to incorporate the following language in every contract or
agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act
of 1964, which prohibits recipients of federal financial assistance from excluding from a program or
activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq), as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract
(or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any
program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made apart of this contract (or agreement).
vi CONTRACTOR understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the Treasury, this
assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the
period during which the real property or structure is used for a purpose for which the federal financial
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 19-6951 (ATPSBIL-5063(193))
SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
assistance is extended or for another purpose involving the provision of similar services or benefits. If any
personal property is provided, this assurance obligates the CONTRACTOR for the period during which it
retains ownership or possession of the property.
vii CONTRACTOR shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may
result from these actions. CONTRACTOR shall comply with information requests, on -site compliance
reviews, and reporting requirements.
viii CONTRACTOR shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited
English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if
CONTRACTOR has received no complaints under Title VI.
ix CONTRACTOR must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the CONTRACTOR and the administrative agency
that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination,
CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the
subject of any court or administrative agency finding of discrimination, please so state.
(x) If CONTRACTOR makes sub -awards to other agencies or other entities,
CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
EXHIBIT 5
EXHIBIT 5
COST ANALYSIS
CONSTRUCTION OF THE PROJECT NO. 19-6951 - ATPSB1 L-5063(193): SAFE
ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE
Construction Contract
$
5,558,420.00
Contract Administration, Inspection and Testing
$
833,000.00
Contingencies
$
556,605.00
TOTAL ESTIMATED CONSTRUCTION COSTS
$
6,948,025.00
EXHIBIT 5