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HomeMy WebLinkAbout23A - CONTRACT AWARD KLASSICREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2018 TITLE: AWARD CONTRACT TO KLASSIC ENGINEERING & CONSTRUCTION, INC., FOR SARTC RESTROOM RENOVATION (PROJECT NO. 15-7538) (STRATEGIC PLAN NO. 6, 1G) Cltt,YANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Klassic Engineering & Construction, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1 and 2 in the total amount of $296,735, for the term beginning upon execution of the contract and ending upon project completion, for the Santa Ana Regional Transportation Center Restroom Renovation project, and authorize the City Manager and Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attomey. 2. Approve the Project Cost Analysis for $370,919, which includes the contract administration, inspection and testing, and DISCUSSION a total estimated construction delivery cost of base bid plus Additive Alternates 1 and 2, an authorized contingency of $29,674. The Santa Ana Regional Transportation Center (SARTC) Restroom Renovation (Exhibit 1) will upgrade the ground level restrooms to be in compliance with the Americans with Disabilities Act of 1990 (ADA), including Federal 2010 ADA Standards for Accessible Design as provided for in the City's building code. The proposed improvements include new plumbing fixtures, partitions, accessories, lighting, automated doors, floor/wall/ceiling finishes, signage, and drinking fountains. A Notice Inviting Bids was advertised on October 18 and 25, 2017, and bids were opened November 15, 2017. The following is a summary of the bid invitations made and the bids received: 23A-1 Award Contract to Klassic Engineering & Construction, Inc., for SARTC Restroom Renovation Project January 16, 2018 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 12 Contractors requesting bidding documents 11 Bids received 4 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID +A1 &A2 1 Klassic Engineering & Construction, Inc. Orange $136,735 $296,735 2 NR Development, Inc. Downey $181,500 $410,000 3 Line Tech Contractors, Inc. Los Alamitos $198,000 $413,000 4 RT Contractor Corp. Garden Grove $239,000 $507,250 A total of four bids were received and all were considered responsive. Klassic Engineering & Construction, Inc., submitted the lowest responsive bid in the amount of $136,735 (Exhibit 2), which is comparable to the Engineer's Estimate of $130,000. The bid included two contract options: Additive Alternate 1 and Additive Alternate 2. Additive Alternate 1 is for the Renovation of South Restrooms and Additive Alternate 2 is for Electrical, Plumbing and/or Structural Repair. Both of these alternates were originally included in the base bid work, but were separated to ensure the City would have sufficient funds to award and proceed with the improvements in a timely fashion. The price quotes from Klassic Engineering & Construction Inc., for both of these options, are fair and reasonable, are cost effective, and provide very good value to the City. Since there are sufficient funds available, staff recommends including Alternates 1 and 2 in the construction contract, resulting in a contract totaling $296,735 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2017-158 was 23A-2 Award Contract to Klassic Engineering & Construction, Inc., for SARTC Restroom Renovation Project January 16, 2018 Page 3 filed for this project, and a Certification of Categorical Exclusion has been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $370,919, which includes construction, contract administration, inspection, testing, and an authorized contingency of $29,674. Funding in the amount of $181,866 is available in the Community Development Block Grant Fund (Account No. 13518783-66200, Project No. 15-7538) and $189,053 is available in the Santa Ana Regional Transportation Center Maintenance Fund (Account No. 01117650-66200, Project No. 15-7538) for expenditure in Fiscal Year 2017-18. Pretl Mousavipoury Executive Director Public Works Agency Rdbert M. Zur S h iede Interim Executive irector Community Development Agency FM/EWG/TC Exhibits: I. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis AS TO FUNDS & ACCOUNTS: Gutierrez f Director Finance & Management Services Agency 23A-3 23A-4 EXHIBIT 1 PROJECT fj I .full SANTA ANA PROJECT' -15=7538 ` CITY COUNCIL SANTA ANA REGIONAL PWA I AGENDA DATE: TRANSPORTATION CENTER JANUARY, 16,201 RESTROOM RENOVATION PAGE 1 OF 1 23A-5 23A-6 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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: BASE BID: Item Description Qty Unit Unit Price Amount 1 RENOVATION OF SARTC 1 LS $ $ NORTH RESTROOMS (MEN TOTAL ADD ALTERNATE BID 1 AND WOMEN). TOTAL BASE BID $ ADD ALTERNATE BID 1 2 RENOVATION OF SARTC 1 LS $ $ OOMS (MEN AND WOSOUTH MB TOTAL ADD ALTERNATE BID 1 $ ADD ALTERNATE BID 2 3 1 ELECTRICAL, PLUMBING 4* 'EA $10,000 $40,000 AND/OR STRUCTURAL REPAIR TOTAL ADD ALTERNATE BID 1 $40,000 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-altemate bid items (if any). * The quantity for this bid item is shown for bid comparison only. 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. P-1 of P-16 23A-7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION TOTAL BASE BID I $ l3 �, 73 s -v TOTAL ADD ALTERNATE BID 1 8 / TOTAL ADD ALTERNATE BID 2 $40,000 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 SIXTY 60 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 $r 00 per calendar day., i -,r Name of Firm Signature of BIDDER Title V` 0 , �L (If an individual, so state. 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.) P-2 of P-16 23A-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City' Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed. by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with.the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will famish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain otherwise said funds, check; drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned.. BIDDER understands that a bid is required for the entire work; the estimated quantities "set. forth in the bid, schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California. B s' e s and Professions Code; the undersigned certifies under penalty of perjury that the fore s true and correct. Name of Firm Klassic Eneineerinp-9 -Constructin Signature of BIDDER Title C.E.O. I V (If an individual, so state. 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.) P-3 of P-16 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Klassic Engineering & Construction Inc._ Business Address: 250 S. Tustin Street Orange. Ca. 92866 Business F. -Mail Address: klassieplans@gmaii.com Telephone: (714) 369-839 State Contractor's License No. mid Class: A & B License Expiration Date: 2/28/2019 State Dept. of Industrial Relations (DIR) 1000014420 Registration No.: State Dept. of Industrial Relations Registration E,xpjmtion Date Signed: Title: P-4 of P-16 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works' or "'maintenance" project, as defined by the Prevailing Wage -Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply, with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing "rates of per diem wages for each craft, classification or type of worker -needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free andharmless from any claim or liability arising out of any failure or alleged failure to complywith the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Klassic EngiVCring & C9nstrnction c/ Signature Title C.E.O. (if an individual, so P-5 ofP-16 23A-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION OWNERSHIP AFFIDAVIT s,FATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) it�-yi S �,+ , being duly sworn, deposes. and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. . CORPORATION That he is of: ❑ JOINT VENTURE a corporation which is That he is of the one of the parties making the foregoing proposal as a joint venture, and the he/she. has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine collusive or sham, and has not in any manner sought by collusi to se u e a a eragainst the City of Santa Ana or any person interested in the prop e ontract, for hi - any other person. Signature of Bids) Subscribed and sworn to before me this da o - 20 _ Signature of officer P-6 of P-16 23A-12 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8262 -- -r - - - *See Attached Document (Notary to cross -out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (f any) A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy„or valldity of that document. State of Calif la County of Ma— Cor -� HANIN ABDALLAH mmission # 2059441 ,Z u Notary Pilbiio - calitbrnia n z Orange county My Comm. EZres Feb 211.20`18 Seal Place Notary Seal Above Subscribed and swom to (or affirmed) before me iV on this —1-11day of L"ab. E 20F by Date Month Year (1) l.e�ycr �jaa (and (2) ) Namo)rof Signer(s)' proved to me on the basis, of satisfactory evidence to be the person(sf who appeared before me. Signature rgn ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document aa , Title or Type of Document: Ciu h�9t S� LI civ a ��1 Document Date: ) t l51 Number of Pages: __L Signer(s) Other Than Named Above: N /k 02016 National Notary Association • www.Nationd[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION BID BOND Bond No.:CMGB0001912 KNOW ALL PRESENT that, Klassic Engineering & Construction Inc. , as BIDDER, and Argonaut Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Tea Percent of the Greatest Amount Bid Dollars ($ 10% of G.A.B o of the total amount bid by BIDDER to AGENCY for the above-statedwhich is ten roject, for thepaymencent t of which sum, BIDDER and. SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of November , 20 17. BIDDER* KtassicEngineering&Construction Inc. 250 S Tustin Ave. Orange, CA 92866 SURETY* Argonaut Insurance Company R 11 clo CI GIN// 20335 Ventura Blvd Suite 426 Woodland Hills CA 91364 _d... to before me , 20_ Signature: Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name; title, address, and telephone number of authorized representative. P-7 of P-16 23A-14 CMGB0001912 Argonaut Insurance Company $0.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago:, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existi � under the laws of the State of Illinois and having its principal office in the County of Cool, - does hereby nominate, constitute and appoint: Ff Gabriella Grady, Shilo Lee Losino. Stephanie Hope Shear Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named abaveto make, execute, seal and deliver for and on its behalf as, surety, and as its act end deed any and all bonds, contracts, agreements of indemnity and otIt' unde'rtakiings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: I $10.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the follow AS Re elation adopted by the Board of Directors of Argonaut fnsurance Company: he\\ "RESOLVED. That the President, Senior Vice President, Vice President, execute powers of attorney, and such authority can be executed by use of the Company, qualifying the attorney or attorneys named in the given po Argonaut Insurance Company, all bond undertakings and contracts of sm Pmsident, Secretary, Treasurer and each of them hereby is authorized to tum, which maybe attested or acknowledged by any officer or attorney, of 'Oexecute in behalf of, and acknowledge as the: act and deed of the affix the corporate seal thereto." IN WITNESS,WHEREOF, Argonaut Insurance Company has caused1ts ofileial seal to be hereunto affixed and these presents robe signed by its duly authorized ofBeer on the'8lh day of May, 2017. Argonaut Insurance Company JfeoaDeRe�r•tf,p: j'� €SEAL!us g by: ,M0 y. ..... - y, .Joshua C. Betz, Senior Vice President STATE OF TEXAS ...r..,. COUNTY' OF HARRIS SS: Collis 8th. day of May, 2017 A D,,.berore me a Notary Public ofthe :State of Texas, in and for the Counlyof Harris, duly mm nissidned and qualified, came THE ABOVE OFFICER OF THEY�KAPANY, tome personally known to be the individual and off cer described in, and who executed the preceding instrument, and he acknowledged the execu[ioutifsame, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument bthe authoritty and direction of the said corporation, and that Resolution adopted by the Board of Director's of said Company, referred to in the preceding instrument is no -'W in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. tN v"r e'r'.'�.., KATHLEEN Ad. MEEKS Y:�.�5n NomN Publie. State nl Tams 'yam-•d`';'.g Comm. ExPlron O? -1b20:1 (Notary Public) %�P; �"`� Notary 10 fi5?9nd-a 1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, we and correct copy is still in full force and effect and has not been revoked. IN WITNESS. WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 13th day of. November 2017 °1"5N4n Np�y, I 5_r,AL )gs' slona'i-_-_ Sarah Heineman , VP-Undenvriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321- 8400. 23A-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :caetirsrr�sirrus�r�;ccreara>s�r�e�:csx,�:rtccs.�esrce.�:esscrzrrr�,rercr.,rH-x��,. etrrrr=a �M� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On NOV 1 3 2017 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared GABRIELLA GRADY Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SNIRLEY GIGGLES Notary Public •California Zi@My Los Angeles County z ZCommission k 2163817 ; Comm. Expires Sep 7. 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur ture of NotaryPublic OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E Corporate Officer — Title(s): E Partner — E Limited ❑ General E Individual El Attorney in Fact E Trustee ❑ Guardian or Conservator Cf Other: Signer Is Representing: Signer's Name: E Corporate Officer — Title(s): E Partner — E Limited E General E Individual E Attorney in Fact E Trustee E Guardian or Conservator E Other: Signer Is Representing: ...WK-�-U—Mcezm 02014 National Notary Association • www.Nationa]Notary.org -1-800-US NOTARY (1-800-876-6827) Item #5907 23A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANAREGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and _Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication; or conference with anyone to fix "the ,bid, price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will.not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. , Note: The Signed State of C: County of Non -collusion Affid l o art of the Proposal. BIDDERS are It Raking a false j 6 ion may subject the certifier to criminal G Subscribed and sworn to (or affirmed) before me on this , proved to me on the basis person(s) who appeared before me 'X Notary Notary Public Seal P -Il ofP-16 23A-17 20_ by evidence to be the CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 tam^- - -Fr _ �- - - - - hll:�ee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of d " _ HANIN AODALLAH Commission # 2059441 Notary Public - California i Orange County n My Camm. Expires Feb 2B, 2018 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this icJ day of bCVP--Prbfi- 20_a by Date Month Year (and (2) Narne ff of Signer(sJ-- proved to me on the basis of satisfactory ;evidence to be the person(*who appeared before me. Signature. 1pe✓ 1JV,� sem , Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 1�` f(��(Z Title or Type of Document: (�16V1-0-01%g4,lrM "'Itocument Date: Number of Pages: Signer(s) Other Than Named Above: ©2016 National Notary Association www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 115910 23A-18 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER_ RESTROOM RENOVATION LIST OF SUB -CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors With the bid for all subcontract work exceeding -the following amount: o Streets, highways including bridge projects: Yx% of the bid or $10,000, whichever is greater o. Buildings, parks, .or other projects: '/•-/o ofthe bid Section 1725.5 of the Public Contract Cade requires all Subcontractors `be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name PMK Professional Inc License #/Exp. 959668 DIR Reg. #/Exp. Location 17925 skv Birk Or Ste r Irvine *•A 920414 Phone (949) 679.9800 Type Of Work Electrical Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. 9/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg.,#/Exp. Location Phone Type Of Work _ Amount $ Name License #/Rxp. DIR Reg. #/Exp. License# Location Phone Type Of Work Amount $ Name _ License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $' P-8 of P-16 23A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. of Owner. Mejhdi 714-744-5214 Name and Telephone Number of person familiar with project. Contract Amoimt Type of Work Date Completed Name and Address of owner. ame and Telephone Number Contract Amount Type of Work Date Completed 3. San Gabriel School District Name and Address of owner. - Bille Giles 626-664-0158 Name and Contract Amount person familiar with project. Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Artisan Bonding & Insurance Services 3101 W Coast Highw, Insurance cervi^e, 1.LC 949-5154194 Argonaut insurance Company 20335 Ventura Blvd. Ste. 426 Woodland Hills, Ca. 91364 819348-4900 Farmers Insurance Office of Cathy Blodget 19831 Yorba Linda Blvd. Ste. B Yorba Linda, Ca. 92886 714-528-3276 P-9 of P-16 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-753$ SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex; or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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.. 2. The Contractor shall, 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, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she 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 under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall 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. 5. The Contractor shall furnish all information and reports required by Executive Order] 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and.will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purpos,s of investigation, to ascertain compliance with such rules, regulations, and. orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor.may be declared ineligible for furtherGovernment contracts or federally assisted 'construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 23A-21 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION The Contractor shall include (lie portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 subcontract or purchase order as the administering agency may direct as 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 that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such perso -cept as provided in Section 1420, and any contractor of publi vorks vio ating this 1s subject to all the penalties imposed for a violation of the antor. Signed: Title: C.E.C. Finn; Klassic Engineering & Construction Inc. Date: 11/14/2611 P-13 ofP-16 23A-22 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION STATEMENT REGARDING APPRENTICFISHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section :1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the publicwork for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the -area or industry affected. 2. Employ the number of apprentices or the.ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or finds in. each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same a unt or upon. the same basis and in the same manner as the other c ntractors except co ot.signatory to the trust agreement shall pay a like amount the Qmia Ap e _ Council. r - Signed: Title: C.E.O. Firm: Klassic Engineering & Construction Inc. Date: 11/14/2017 P- 14 ofP-16. 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION STATEMENT REGARDING `ANTWICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in. the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohi it •om inducing, by any means, any person employed in the con ruction pair of pub rk, to give up any part of the compensation to which he/she is of Iry fttled. Signed: I Title: Firm: Klassic Engineering &'Construction Inc. Date: 11 /14/2017. P-15 of P-16 23A-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, tinder penalty of perjury, the following questionnaire: Flas the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local ,government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 ofP,16 23A-25 Klassic Engineering and Construction, INC KEC250 STustin ST. .Orange, CA 92866 FHWA 1273 TITTLE: C.E.O. DATE: 11/14/2017 (714) 369-83861 31/s 121&s@gmail.com REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS L General IL Nondiscdminatlon Ill. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V, Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII, False Statements- Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act. K Compliance with Governmenhvide Suspension and Debarment Requirements RI. Certification. Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway, System or Appalachian Local Aocasa Road Contracts included In Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must Insert this form In each .subcontract and further require its Inclusion In all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Forth FHWA4273 are incorporated by reference forwork done under any purchase ,older, rental agreementor agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower4lar subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service. provider. Contracting agencies may reference Form FHWA-1275 In bid proposal.. or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a constmcten contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the conlracter's own organization .and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FFIWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient ground_ s for withholding of progress payments, withholding of final payment temilriation of the contract, suspension I 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 untractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid h'.ghway unless it Is labor performed by convicts who are on parole. supervised release, or probation. The ten Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. IL NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000or more. Tho provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural servioe contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, I itle 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations Iripluding 49 CFR Parts 21, 26 and 27; and 23 GFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clouse 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. authoiily to determine compliance with Executive Order 11246 and the pgiicies of the Secretary of Labor Including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensurecompliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794),. and Title VI of the: Civil Rights Act of 1964, as amended, and related regulations Including 49 CFR Parts 21,26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision Is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FKArA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to, take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 23A-27 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1830 are incorporated by referencein 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 tarts and conditions of employment and in their review of activities under the contract, b. The contractor will accept as Its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees aro treated during employment, without regard to their race, religion, sex, rotor, national origin, age or disability. Suchaction shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; 13yoff 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 Otgcor. The codtractorwill 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 prorttoting an active EEO program and who must be assigned adequate authority and responsibility to do to. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote. and dischargeemployees, or who recommend such action, or who are substantially involved In such action, will be made fully cognizant of, and will implement. the contractor's EEO policy and contractual responsibilities to provide EEO in each: grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time tho contractees EEO policy and its Implementation will be reviewedand explained.. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the conh'actors,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 contractors procedures for locating and hiring mirronfes 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 contracloes 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 c observe the provisions of that agreement to the extent [hat the system meets the contractoes compliance with EEO contract provisions. Whore implementation of such an agreement has the effect of discriminating against minorities or women, or obligates me 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 apFlicaptp will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions ofevery type, includinghiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to Insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will pedodically 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 evirtence 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 mad. 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 23A-28 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 accordancewith 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 contractorwill 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: I(the contractor relies in whole or In part upon unions as a source of employees, the contractorwill use good faith efforts to obtain the cooperation of such unions to Increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, In cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership In the unions and Increasing the skills of minorities and women so that they may qualify for higher.paying employment,. b. The contractor will Use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, ago 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 intonation is within the exclusive possession of .the labor union and such tabor 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 contractorwill, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. a. Reasonable Accommodation for Applicants I Employees with Disabilities: The contractor must be familiar with'the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodationin all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement. of Matelots and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shag take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 28.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor orsubcontractor shag not discriminate on the oasis otrace, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 In the award and administration of DOT -assisted contracts, Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate,. 11. Raeordq and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained fora period of three year following the date of the final payment to the contractor for all contract work and shall beavailable 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- minorty 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 he reported on Form FHWA-13g1. 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 23A-29 will be required to tolled 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 FederaFaid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities providedfor employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractoes obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contactoes control, where the facilities are segregated. The ten 'facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, looker 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 isapplicableto all Federal -aid construction projects exceeding $2,000 and: to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations In 29 CFR 5,5 "Contred provisions and related matters° with minor revisions to conform to the FHWA- 1273 format and FH)NA program requirements. 1. Minimum wages a. All laborers add 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 theCopeland Act (29 CFR part3)), 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 betweaq the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona title 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 partkularweekly period, aredeemed to be constructively made or Incurred during such weekly pedod. Such laborers and mechanics shall be paid the appropriate wage rale 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 becompensatedat the rate specified for each classification for the time actually worked therein: Provided, That the employees payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination Qncluding 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 se 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 he 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 mel: (1) The- work to be performed by the classification requested Is not performed by a classification In the wage determination; and (ii) The classification is utilized in the area by the construction Industry; and (iii) The proposed wage. rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed In the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will noft the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an autlorized representative, will issue a determination within 30. days of receipt and so advise the contracting officer or 23A-30 will notify the contracting officer within the 30,day period that additional time Is necessary. (4) The wage rato (including fringe benefits where appropriate) determined pursuant to paragraphs 1.6:(2) or 1.b.(3) of this section, shallbe 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 houdy rale, the contractor shall either pay the benefit as staled in the wage determination or shall pay another bona fide tinge 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 ormochenic 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�Bscon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan. or program. 2.. Withholding The contracting agency shall upon Its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal, contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wag@ 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, traineo, 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, atter written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or rash 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.S(a)(1)(iv) that the wages of any laborer or mechanic Include time 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 contraclgr shall maintain records which show that the commitment to provide -such benefits is enforceable, thalthe plan or program is financially responsible; and that the plan or program has been communicated in writing tri 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 apprentcos 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 malntained under 20 CFR 5.5(a)(3)(I), except that full social security numbers and home addresses shall not be included on weeklylransmittals. 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 sodal.security mumber)..The required weekly payroll information may be submitted in any fame deslred. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at htlpl/wwx.dol.govlesaMhdlformshvh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and 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 compliancewith prevailing wage requirements. It is not aviolation of this section for a prime contractor to require subcontractor to provide addresses and social security pumbers 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 tie payroll period contains the information required to be provided under §5.5 (a)(3)(0) of Regulations, 29 CFR part 5, the appropriate Information is being maintained under §5.5 (a)(3)(1) of Regulations, 29 CFR partb, and that such information is correct and complete: (it) That aach laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the paymil 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 hill wages earned, other than permissible deductions as sot forth In Regulations, 29 CFR part 3; (ill) That each laborer or mechanic. has boon 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. 23A-31 (3) The weekly submission of a properly executed certification set forth an the reverse side of Optional Foram WH -347 shall satisfy the requirement for submission of the `Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to cavil or criminal prosecution under section 1001 of fifle 16 and section 231 of flits 31 of the United Slates Code. C. The contractor orsubcontractor 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 falls to submit the 'required records orto make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work -at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person Is employed in his or her first 90 days of probationary empiuymont as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office or 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 contractoi'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 Stale Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer he 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 carfification 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 mere 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 rale 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 an 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. 23A-32 d. Apprentices and Trainees (programs of the U.S. DOT)._ Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not 'subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the 'particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program: 5.. Compliance with Copeland Act requlremonts. The contractor shall comply with the requirements of 29 GFR part 3, which are incorporated by reference in this contract. 6,_Subcontracts. The contractor or subcontractor shall insert Form ,FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any tower 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.Coritracttermination:debarment Abreachofthe 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 requiroments. All rulings and.interprelations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. S. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordancewith.lhe procedures of the Department of Laborset forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or fin 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 penally for making false statements is prescribed in the U.S. Criminal Code, 19 U.S.C.1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-ald 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. 1.0vortimerequlremonts. Nocontractororsubccntractor 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 spoh workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked In excess of forty hours in"such workweek. 2. Violation; liability for unpaid wages; liquidated damages,. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages: In addition,such contractor and subcontractor shall be lipble to the United States (in the case of work done under contract for the District of Columbiaor a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day, on which such Individual was required or permitted to work in excess of the standard workweek of forty hours without payment of theovedime wage's required by the clause set forth in, paragraph (1.).ofthiesection. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon Its own action or upon written'request of an authorized representative of the Department of. Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4, Subcontracts,. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (t.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower Ser subcontracts. The prime contractor shall be responsible for complianceby any subcontractor or tower tier subcontractor with the clauses setforth in paragraphs (1:) through (4.) of this section. 23A-33 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision Is applicable to all Federal-ald construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty Items designated by the contracting agency. Specialty hems may be performed by subcontract and the amount of any such specialty Items perforated may be deducted from the total original contract price before computing the amount of work required to he performed by the contractors own organization (23 CFR 635.116). a. The lemr "perform work with Its own organization" refers to workers employed or teased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such.torm does not Include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may Include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant 'Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -to -clay activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the loosed employees; (3) the prime contractor retains all power to acceptor exclude individual employees from walk-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 speciallzed knowledge, abilities; or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and In general are to be limited. to minor components of the overall contract. 2. The contract amount upon which the requirements set forth In paragraph (1) of Section VI Is computed includes the cost of material and manufactured products which are to be .purchased or produced by the contractor under the contract .provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and Is in charge of all construction operations (regardless of who performs the work) and (b) such other of Its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4, No portion of the contract shall be sublet, assigned or otherwise disposed of except with the wriden consent of the contracting officer, or authodzed representative, and such consent when given shall not Lieyonshued to relieve the, contractor of any responsibility for the fulfillment of the contract. Written consent will be given only atter the contracting agency has assured the', each subcontract is evidenced In writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30%, self-parfonnance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. Vli, SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. L to the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The .contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property In connection with the performance of the work covered by the contract. 2. q is a condition of this contract, and shall be made a condition of each subcontract, which file contractor enters Into pursuant to this contract, that the contractor and any subcontractor shall net permit any employee; In performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hlslher health or safety, as determined under construction safety and health standards (20 CFR 1926) promulgated by the Secretary' of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, It is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance tolospect 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 HIGH'NAY PROJECTS T h I s p r a v I s 1 o n i s 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 mth Iha project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the pmject is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and slmiiar eche, Fonn FHVVA-1022 shall be posted on each Fedara!-aro highway project (23 CFR 635)1n one or more places where it is readily available to all persons concerned with the prolocu 10 U.S.C. 1020 reads as follows: 23A-34 "Whoever, being an officer, agent, or employee of the United States, or of any Slate or Territory, or whoever, whether 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 daim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials fumished or to be fumished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes arly false statement or false representation as to materialfact tri any statement, certificate.. or report submitted pursuant to provisions at the Federal -aid Roads Act approved July 1, 1916, (39 Stet. 355), as amended and. supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provisionis applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as zppropriate, the bidder; proposer. Federal -aid construction contractor, or subcontractor,as appropriate, will be deemed to have stipulated as follows:. 1. That any.person who Is orwill be utilized in the performance of this contract Is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Ad. 2. That the contractor agrees to Include or rause to be Included the.requirements of paragraph (1) of this Section X In every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT,. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders. lease agreements,. consultant '.contracts or any other covered transaction_ requiring FHWA approval or that is estimated to cost $25,000 or more— as defined In 2 CFR Parts 180 and 1200. 1. instructions for Certification — First Tier Participants: a.. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospedive.firstlier participant shall submit an explanation of why it cannot providethecertification setoul 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 ter participant to fumish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification In this clause is a material representation of fad upon which reliance was placed when the contracting agency determined to enterbno this transaction. if it Is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tierpargcipanl shall provide immediate written notice to the contracting agency to whom this proposal is submitted O any time the prospective first tier participant learns that Its certification was. erroneous when submitted or has become erroneous by reason of changed circumstances.. e. The terms "covered transaction;" "debarred," "suspended; "'ineligible," "participant," "person," 'principal," and "voluntarily excluded," as used In this clause, am defined in 2 CFR Parts 180 and 1200. °First Tier Covered Transactions" refers to any covered transactionbetween a grantee or subgrantee of Federal funds and -a participant (such as the prime or general contract). "Lower Tier Covered Transactions" raters to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier PaNcipant" refers to the participant who has entered into.a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered Into a covered transaction with a Fast Tier Participant or other Lower 'nee Participants (such as subcontractors and suppliers). L The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaclfon be entered into,. it shalt not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower bar covered transactions exceeding the $25,000 threshold. h. A participant in a.covemd transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant Is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as. the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System webslle hIfs9twww.riols.00vA, which is compiled by the General Services Administration: 23A-35 1. Nothing contained In the foregoing shall be construed to require the establishment ofs system of records in order to render in good faith the ceNfication required by this clause. The knowledge and Intonation 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. Certification, Regarding Wbarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a, The prospectivefirst 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, orvoluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anfitru rt statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a govemmenlal entity (Federal, Stale or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a. three-year period preceding this applicationlprcposal had one or more public transactions (Federal, State or local) terminated for muse or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transacrions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Pans 160 and 1200) a, By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. h. 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 Id the Federal Government, the department, or agency with which SGi 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 teams that Its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause; are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal Is submitted for assistance in obtaining a copy of those regulations. 'First Tier Covered Transactions 'refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). 'Lmver Tier Covered Transections' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First'ler Participant' refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered Into a covered transaction with a First Tier Participant er other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective Inver tier participant further agrees by submitting thisproposalthat it will include this clause titled "Carlificalion Regarding [Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, In all lower tier covered transactions and in all solicitations for lower tier covered. transactions exceeding the $25,000 threshold. g. A participant In a covered transaction may rely upon a certification of a prospective participant Ina lower tier covered transaction that is not debarred, suspended; Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant Is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website(htlosa7www.e I>r s eovn, which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and 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 entem 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 23A-36 department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. Certification Regarding DobatmenL Suspension, Ineligibility and Voluntary Excluslon—Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither It nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier, participant is unable to certify to any of the statements In this certification,such Prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this tied orproposal, 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 agmemeok 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 -ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL; "Discloo ne, 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 falls 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. 3rThe prospective participant also agrees by submitting Its bid or proposal that the participant shall require that the language of this certification bo; included In all layer tier subcontracts, which exceed $100,000 and that all such recipients shall certify anddisclose accordingly. 11 23A-37 Klassic Engineering and Construction, INC KEC250 S Tustin ST. Orange, CA 92866 Proof of Registration with D& B Data Universal Numbering System (714) 369-8382�Ni(Igs@gmail.com Ylehme kelven Sheen ISwn Wt dun &?bradstreet Government Update User Profile Transaction History FAQS Contact Us Hume. s !Update. Main Menu p !Update Main Menu The following companies are associated wide yo a profile. Select the companyyoo would like to review, then select an option from the menu below. D.0 -N -Ss Company 0 Address, City, State O.Due & flrudstseet. mc- 2000-201 S. All rlght! s,,..d. 23A-39 FAQ!I Contact Us Proof of Registration with System for Award Management (714) 369-8382.tni"s@gmail.com Klassic Engineering and Construction, INC KEC 250 S Tustin ST. Orange, CA 92866 Proof of Registration with System for Award Management (714) 369-8382.tni"s@gmail.com A ccouideAfFsadon Md 1�llYd EEIE{6��• l IWc11P22817dd8_'.1]39 YNiW5 Username _ Pa ord I it Forgot Ummamei Fmgpt Poss aN2 Create Individual Account Account Created- Confirmation connrmauen Wed N.r 1513:43:17 F9r W17 Up � crena an Acton ONCC binns —Ymp9nLWrt nesteen YMlmtl 8A Yee am not tl.ne.W.lust-ntyeu en.mall WtAp amen dthe. ,.paw wmyou wn a.Cflrm Yourpmnunt oeatlon. A ve.m nree kn fvW Nat Ymt mus[[fck wiNln Ian48 tows to adMt2 your eaoum.. For nme; dtton [O8E W 90 tett b me MM Nmnp Pe^.e. S:xnh 6boords FAR11§.gov Data Ac Dis'tlalmers GSAgov/IAE Q*ck Status AccmiU0Ry GSA.gov About -Prr2ry Polley. USA.gov I lelp TJskaUS wnprd .W.Yn 4J:nNeryMw'nFdk lWnrvtMt Mnpe,tysbintlW rt'FCaOM,,At l,, N.Jly, It, fivwnRCtor yNnwukIhuN y.8mn:t9uwReuvm ti+tes nav4pe coay.ayxten.o[aanyemu»i P:irwvme 23A-41 EXHIBIT 1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed under this contract number 15-7538 by and between the City of Santa Ana, hereinafter referred to as "City" and Klassic Eneineerine &Cons ruction inc., hereinafter referred to as "Contractor", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170.1u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CPR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135 E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not to circumvent the Contractor's obligations under 24 CFR part 135. F. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future [IUD assisted projects. The Contractor by this signature af/enjocintained eto declares under penalty of perjury: Contractor has read City requirements and pccepts all requirtherein for all of his/tier operations within the City of Santa Ana. / Keivan Shirali C.E.O. 11/14/17 Signature of Contractor Print Name and Title Date 759241 A & B 042098769 Contractor License Number & Designation Federal DUNS Number 23A-42 EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Form Project Name: Santa Ana Regional Transportation CenterRestroom Improvements Project Location: 1000 East Santa Ana Blvd. Santa Ana Ca Q9707 Street City State Zip Contractor Name: _ Klassic Engineering & Construction Inc. Contractor Contact: Keivan Shirali Contractor Telephone Number: 714-369-8389 Contractor Email Address: Klassicplans(o)gmail.com Sectitin 3 �IBesidemt I�uan�:Goais ' I l'otal Numtier ot;New Hires: -_, Total number of of Contractor 3 hires necessary to comply with contract: . ell2 11/14/17 Date 23A-43 EXHIBIT 8 Contractor's Section 3 Aff tmative Action Plan Santa Ana Regional Transportation Center Restroom Improvements Project No. 15 7538 Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange,. I. 'fake affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3: To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from, the County, and to award contracts 'to business concerns which are located in or owned in substantial part by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a file of all low-income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. Incorporate the Section 3 clause provisk Section 3 Affirmative Action Plan. . Klassic Engineering & Construction Inc. Company Name 250 S. Tustin St, Orange, Ca. 92866 Address: Street, City, State, Zip 042098769 DUNS Number Kcivan Shfiali Printed Name C.E.O. Title 23A-44 mtractor(s) to submit a EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: Klassic Engineering & Construction Inc. Please check the numbered statement that is applicable to your business: I: My business qualifies as a Section 3 business concern: If you have checked statement NUMBER 1 please read the attached Section 3 Business Concern Preference - Bidding Requirements. (Please check the applicable qualification for statement number 1) 51% owned by Section 3 residents; or Permanent, full-time employeesinclude at least 30% Section 3 residents; or Will subcontract more than 25% of the dollar award of all subcontracts to be awarded to businessconcem(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner -operators in your bid statement. 2. —My business does not qualify as. a Section 3 business concern. Note: Section 3 business conce A are located in this project's Contract Documents & specifications Uanual within tft esection li[led Zectz4 on 3 Economic Opportunities Plan'. o1(/14/17 of Business f Date Keivan Shirali Print Name 23A-45 EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORITYBUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORT'S Pursuant to 24 CFR Part 85 § 85.36 (e) of Code of Federal Regulations, contractor must take all necessary affirmative steps to assure that minority business firms, women's business enterprises and labor surplus Finns are used whenever possible. Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. snbmitta9 of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made, Documentation such as copies of advertisement, letters of solicitation, telephone logs, rejected quotes, etc. should accompany this form. 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/IVIBE participation for this project was placed by the bidder: Names 9f Newspaper Slate of Advertisement Fogow.up Methods and Dates J `'B oC� !ll ' N Q.l Pwo e b 2. The names and dates of written notices sent to W/MBF. soiieitin.a bids for this project and methods used for following up initial solicitation to determine with certainty whether the W/MBE were interested. Names of W/MBE Solicited Dates of solicitation Fogow.up Methods and Dates J `'B oC� !ll ' N Q.l Pwo e b 3. The items of work which the bidder made available to W/MB.F firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans; specifications, and requirements for the work. Items of Work 'Q,Ar,6 r, JU Breakdown of Items: 1 4-`, WQ`" mo c S Information Furnished: V NjQ,A --- 1 K• ���pt� F �e�- F:NOGSPHUPSVCS!VIUDFOitAS�MHU5a0JAMD - 50CEOOSpea.Def; 23A-46 a EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, 'specifications and requirements for the work which was provided.to W/MBE: 5. Any additional data to support a demonstration of good faith effort, such as contracts with Ru/MBE assistance agencies: I declare under penalty ofperjury that the foregoing information is trite artd correct to the hest, of my knowledge. I understand that the City of Santa dna at /or the U.S. Department of Elousing and Urban Development may verify the information provided hereintin co cti{�n with Y�/MBE compliance evahtatiorr/audit activities and tha(failure to filly and truthfully complete thus] by result in economic or other sanctions. Si nature: 77M, 7 Name: Keivan Shirali Title: C.E.Q. Date. 11/14/17 Name of Contractor/Subcontractor: Klassic Engineering & Construction Inc. Contractor/Subcontractor Identification Number: 042098769 Address (Street, City, State, Zip): 250 S. Tustin St. Orange, Ca. 92866 Business Racial/Ethnic/Gender Code: Circle the numeric code which indicates the raciaUethnic/gender character of the owner(s) and controller(s) of 51 % of the business. When 51% or more is not owned and controlled by any single. racial/ethnicity/gender category, circle the code which seems most appropriate. I = White Americans 4 = Hispanic Americans 2 = Black Americans 5 = Asian/Pacific Americans 3 = Native Americans 6 = Hasidic Jews Woman Owned Business: Circle One: Yes or No - F]DOCS%PROPSVCSV UOFORMS%IBUSBNWB. S"EU Spem.00C""'. __ .__. .. ...... ._ __ _._.- 23A-47 EXHIBIT 15 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Santa Ana DEPARTMENT OrPUBL(C WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding; that the, bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof; or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Klassic Engineering & Construction Inc. Name of Contractor St. Oranee. Ca. and Title 11/14/17 Date 2, C.E.O. - F:VOCSTROFSVCSWUUFORMSIPABUSBWMda- SetlloOSpeeUCC'-' -"" -- - -' - -- ---- — --- --- - - - --- 23A-48 EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: Klassic Engineering & Construction Inc Date: 11/14/17 Address: 250 S. Tustin St. State: Orange Zip Code: 92866 ^ Telephone; (.714) 369-8389 Acting on behalf of the above-named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUU) and the Community Development Commission, County of Los Angeles; I) No Federal appropriated funds have been paid, by or on behalf of the above-named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Meittber 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 loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modificationthereof; and 2) If any funds other than Federal appropriated funds have been paid or will 'be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or in employee of a Member of Congress in connection with this Federal contract, grant, loin, or cooperative agreement, the, above-named ,firm shall complete and submit Standard Forth—LLL, "Disclosure Fonn to Report Lobbying" accordance with its instructions; and 3) The above-named firm shall require that the language of this certification be included in the award documents for all sub -awards at all 'tiers (including subcontracts,sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 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 prerequisit@ for making or entering into the transaction imposed by -Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Signatun Title: C.E.O. Date: 11/14/17 _..._. F-kMCSTROPSVC L4UDFORXMWBU5BO4AVB.S.c .OSpO.DOC -- -- 23A-49 EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: Santa AAta P iflonalTransportation Center Restroont Renovation - Project Number: 15 - This i_ This is to certifv that the principals and the authorized payroll officer, balow, have read and understand the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: Keivan Shirall Printed Name C.E.O. Title 11/14/17 Date 719241 Contractor/Subcontractor License No. 042098769 DUNS Number .._._F-��$NROF54'CSWUOFCRI:5IAIPJ530b1M8 •-Sd�cn35p5^sCOC- -___ .... .. ____. .. ......... _.. 23A-50 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION This CONSTRUCTION CONTRACT is made and entered into this 16th day of January, 2018 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 K-h6,sic;', —Engmeering & Construction; Inc. (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 Santa Ana Regional Transportation Center Restrrom Renovation 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 Two Hundred Ninety -Six Thousand Seven Hundred Thirty -Five Dollars (S29'673`5V@0 "as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporii&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 23A-51 Pagel of3 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 "A") 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: httv://www.santa-ana.org/i)wa/documents/CWA.pd CONTRACTOR shall, after award of this Contract, famish 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, famish 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. // 23A'52 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �V . J N FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR: Klassic Engineering & Construction, Inc. KEIVAN SHIRALI CEO 23A-53 Page 3 of 3 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: _ I C c 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: BASE BID: Item Description Qty Unit Unit Price Amount I RENOVATION OF SARTC 1 LS $ $ NORTH RESTROOMS (MEN / TOTAL ADD ALTERNATE BID 1 AND WOMEN TOTAL BASE BID $ 7� ADD ALTERNATE BID 1 2 RENOVATION OF SARTC 1 LS $ $ / TOTAL ADD ALTERNATE BID 1 $ ADD ALTERNATE BID 2 3 I ELECTRICAL, PLUMBING 4* 'EA $10,000 $4Q000 AND/OR STRUCTURAL REPAIR TOTAL ADD ALTERNATE BID 1 $40,000 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. P-1 of P-16 23A-54 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-7538 SANTA ANA REGIONAL TRANSPORTATION CENTER RESTROOM RENOVATION TOTAL BASE BID 1$ 13 (P, 73 S -v TOTAL ADD ALTERNATE BID 1 $ _ 1, TOTAL ADD ALTERNATE BID 2 $40,000 TIME FOR COMPLETION OF IMPROVEMENTS AND LI UIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 112TY 60 working days after the commencement date slated 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 $�5Q0 per calendar day.. Name of Firm l//1 C( g8 ,7 J Signature of BIDDER Title L- o, �4L v (If an Individual, so stite. 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.) P-2 of P-16 23A-55 23A-56 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 15-7538: SARTC RESTROOM RENOVATION Construction Contract $ 296;735:00 Contract Administration $ -18,067.00 Ins ecbon and Testing $ 26,443.00 1 -Contingencies $ 29A74:00. TOTAL ESTIMATED CONSTRUCTION COSTS $ 370,919.00 EXHIBIT 4 23A-57 23A-58