HomeMy WebLinkAbout09-16-2014 B1 Appeal of LOVR Interchange Contract Award - Staff ReportCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Kyle Rowland, Supervising Project Manager
Jason Bennecke, Consultant Project Manager
SUBJECT: CONSIDERATION OF APPEAL OF THE DIRECTOR OF PUBLIC WORKS’
DECISION DENYING BID PROTESTS FILED BY JOHN MADONNA
CONSTRUCTION, INC./ SOUZA CONSTRUCTION, INC. AND (IF FILED)
CALPORTLAND CONSTRUCTION COMPANY REGARDING THE LOS
OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS
PROJECT; AWARD CONSTRUCTION CONTRACT FOR THE LOS OSOS
VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS PROJECT,
SPECIFICATION NO. 99821
RECOMMENDATIONS
1. Adopt a resolution denying the appeal of the Public Works Director’s denial of a bid protest
filed by John Madonna Construction – Souza Construction Inc. for award of the Los Osos
Valley Road Interchange Project, Specification 99821, to Granite Construction.
2. Award a contract to Granite Construction of Santa Barbara, California in the amount of
$16,572,129.84 for the US 101 / LOVR Interchange Project, Specification No. 99821.
3. Authorize City Engineer to be responsible for construction contract change orders (CCO’s)
for the US 101 / LOVR Interchange Project in any amount with the limitation that the sum
total of all CCO’s not exceed the contingency budget amount of $1,250,000.
DISCUSSION
Background
On June 10, 2014, the City Council authorized inviting bids for the Los Osos Valley Road/US 101
Interchange Improvements Project, Specification No. 99821 (Attachment 1). Advertisement of the
project began on July 5, 2014. The City has a responsibility to award this project within six
months of the construction allocation, per State requirements (Attachment 2). The California
Transportation Commission voted on June 25, 2014 to allocate a $16,000,000 grant towards the
LOVR/US 101 Interchange Improvements Project. Therefore, the City must award a contract by
December 25, 2014 to avoid loss of grant funding. The project is scheduled to complete
preliminary work this fall, with construction which impacts traffic, to start after the holiday
season.
Five sealed bids were publicly opened on August 12, 2014. The submitted bid documents were
evaluated based on three criteria: cost, responsiveness and responsibility. Initially, all bids were
reviewed for mathematical errors and ranked from the lowest to the highest cost bid. Granite
Construction (Granite) of Santa Barbara, CA was the lowest bidder with a proposal of
September 16, 2014
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Los Osos Valley Road/US 101 Interchange Improvements Project Award Page 2
$16,572,129.84. This low bid is under the Engineer’s Estimate by approximately $398,000 or
2.35% (Attachment 3).
The lowest cost bid package was reviewed to verify that requested items of information were
complete, addenda acknowledged, and reference information included. Incomplete bids or bids
found to otherwise materially not to comply with the bidding instructions are cause for the bids
to be considered as “non-responsive.” If a bid is determined to be “non-responsive,” it is no
longer considered for award, and the next lowest bid document is reviewed. Granite’s bid
documents were determined to be responsive. After reviewing Granite’s bid for responsiveness,
their qualifications and references were reviewed to determine responsibility. Granite’s
experience and references indicate that Granite is qualified to perform the work contained within
the Contract.
The bidders were also responsible to provide work for Disadvantaged Business Enterprises
(DBEs), as a condition of the grant funding. Granite indicated in their bid documents that 3.2%
($535,560) of the total project cost would be performed by DBE firms. This exceeds the
minimum goal of 3% listed in the project specifications.
It is the Public Works Director’s recommendation that the contract be awarded to Granite
Construction based on the review of the bid submittal and the findings shown above.
Bid Protest - Madonna-Souza
Madonna-Souza Joint Venture (Madonna-Souza) submitted a bid protest on August 19, 2014
protesting the award to Granite for failure to comply with the Federal Disadvantaged Business
Enterprise rules and regulations (Attachment 4).
The protest revolves around a quote Granite submitted in their supporting DBE bid
documentation from Dragon Material Transport, Inc. (Dragon) dated August 11, 2014. The
quote indicates delivery fees for liquid asphalt tonnage from Greka Energy to Paso Robles and is
addressed to CalPortland Construction (CalPortland). Madonna-Souza claims there is no
evidence given of any contractual relation, or contact between CalPortland and Granite, or
between Dragon and Granite with respect to this project. Therefore, Madonna-Souza claims that
Granite cannot use these expenses as a contribution to Granite’s DBE goal.
Granite responded by indicating that CalPortland is a listed subcontractor supplying material on
this Contract and Dragon is committed to supply and haul asphalt oil for this project as
CalPortland’s supplier. Consequently, Dragon is a second-tier supplier. The asphalt oil will be
delivered to CalPortland’s facility in Paso Robles where the asphalt is produced. Additionally,
all DBE participation (including lower tier subcontractors and suppliers) counts toward the DBE
goal (Attachment 5). Therefore, bidders were required to identify on the DBE Commitment
Form all DBE firms participating in the project regardless of tier. Dragon is listed on this form,
Exhibit 15-G.
City staff contacted Dragon and spoke with the estimator, Ms. Summer Bradford. Ms. Bradford
confirmed that the oil was to be sold to CalPortland Construction for purposes of providing
asphalt concrete to Granite Construction, all of which is intended to be used for the US 101 /
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LOVR interchange project. She also confirmed the price and understood that Dragon is to be
counted as a second-tier DBE.
Furthermore, the DBE good faith effort submitted by Granite was determined to be satisfactory.
Therefore, hypothetically even if the Dragon DBE contribution was not utilized, the minimum
DBE good faith requirements would still be met with Granite’s submitted bid.
After reviewing the protest from Madonna-Souza, the response from Granite, and input from
City’s counsel, the Public Works Director denied the protest on September 2, 2014.
On September 4, 2014 the City Clerk received an appeal from Madonna-Souza of the denial of
the bid protest (Attachment 6). The appeal cited a lack of documentation that Granite had
obtained the DBE commitment at the time of bid, and had not shown a good faith effort to
include DBEs. These are similar issues raised in the original appeal, and responded to in the
denial letter. Staff is recommending denial of the appeal and award to Granite and currently
drafting a resolution that will be distributed via memo prior to the September 16th hearing
(Attachment 7).
Bid Protest - CalPortland Construction
CalPortland submitted a bid protest on August 19, 2014 protesting the apparent second low
bidder, Madonna-Souza (Attachment 6). The protest appears to indicate three “critical errors” in
the Madonna-Souza bid and suggests that the mentioned errors deem the bid nonresponsive
because of inconsistencies with the Specifications and not meeting the intent of the Bid Books.
Additionally, they requested that CalPortland be moved to the apparent second low bidder
position, pending any potential issue with the apparent low bidder, Granite.
The CalPortland protest of Madonna-Souza bid was denied by the Public Works Director on
September 2, 2014. No appeal has been received as of the time of this writing.
Revised Change Order Policy
Due the size and scope of this project, the current Contract Change Order (CCO) Policy used for
CIP projects may result in significant delays and expenditures for the City. The interchange
project is approximately 100 times larger than the typical CIP project performed by the City. A
larger number of construction employees and equipment will be idled during delays, and
individual changes will have more significant costs. Were the construction to be stopped each
time a change order over $25,000 was deemed necessary, costs incurred by idled manpower and
equipment could be significant. A proposed project-specific change order policy has been
drafted for Council approval (Attachment 9). Expertise from the project consultant and
construction team was used to identify appropriate thresholds. The revised policy is consistent
with other public agencies that have completed similar interchange projects.
The proposed policy authorizes the City Engineer to approve all CCO’s of any amount as long as
the running total of all approved CCO’s does not exceed the total authorized contingency amount
of $1,250,000. For CCO’s under $25,000, the Project Manager will have the authority to
approve them as necessary followed by notification to the City Engineer. If the sum of all
CCO’s reaches 75% of the total authorized contingency amount, staff will notify the City
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Manager and Finance Director to address any budget concerns. Any additional funding needs
will come before the Council for consideration and direction.
CONCURRENCES
The Finance Director and City Attorney were consulted regarding the project specific change
order policy and concur with the recommendation.
FISCAL IMPACT
The financing needs of the project were presented at the June 10, 2014 City Council meeting.
This outlined all expenses to date, in addition to the expected costs throughout the construction
phase. Council directed staff to return with the following information once bids were opened:
1. Debt financing recommendations to provide up to $7.5 million in project funding to pay
the City’s remaining portion of the Los Osos Valley Road/US 101 Interchange
Improvements Project costs, Specification No. 99821.
2. Any necessary impact fee program modifications that may be needed to fund project
costs.
This debt financing recommendation will be presented at a public hearing to be held on
September 16, 2014 which will occur during the regular City Council meeting ahead of this item.
A summary of the expected projected costs can be seen below.
2014-15
Construction:
City Contingency Amount 1,839,481$
Loan/bond Origination Fee 250,000$
Construction (includes Env. Mit)17,986,302$
Construction Management 3,189,025$
23,264,808$
Misc.
GF Reimbursement for ROW 74,000$
Total All Project Costs:23,338,808$
Project Components
Table 1 - Expected Project Costs through Construction Phase
Debt Financing Needs
Based upon these estimates and the final grant amount, the amount to be borrowed needs to
generate $7,500,000 to complete the project. (the par amount of the debt will be greater than this
amount). This amount is determined by subtracting the $16,000,000 grant amount from the FY
14-15 expenses of $23,338,808 and rounding up.
Total Costs- FY 2014-15: $23,338,808
Grant Amount: $16,000,000
Subtotal: $7,338,808
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Rounded: $7,500,000
The Finance Department and the City’s Financial Advisor have developed a complete debt
financing package for the project that will be presented ahead of this item at tonight’s meeting.
Bond Financing Effects on Contract Award
Staff is recommending the award of a contract to Granite this evening to meet state funding
requirements to award a bid within 60 days of the bid opening and with the understanding that
the bond financing transaction may require up to four weeks to complete.
In the unlikely event that the bond financing is not completed in a timely manner or is not
completed due to unforeseen market conditions, the construction contract can be terminated at
the convenience of the City. However, the City would be liable for those costs incurred up to
that point which would largely be related to the contractor’s mobilization and work effort to
secure documents and permits from various agencies.
ALTERNATIVES
Award a Contract to other than Granite Construction. Council may decide to award to the
next lowest responsive, responsible bidder, if it finds, in compliance with state law regarding
public bids, that the low bidder’s bid was materially non-responsive or that the low bidder does
not meet responsibility requirements for the project. A non-responsibility determination would
need to be based on findings and would entitle the low bidder to a responsibility hearing, which
would delay project award. This alternative is not recommended because staff believes that
Granite is the lowest responsive, responsible bidder pursuant to public contracts law.
Deny the award. Council may choose to deny or defer the approval of award for this project.
Staff does not recommend this option. The current award and start of construction schedule
allows the City to meet the grant deadline for award. It also allows some necessary soil settling
work to occur during the shopping season, so significant construction efforts can get underway in
January. Critical components of work have to be performed prior to June due to environmental
permit regulations. It is unlikely that bids will be significantly different should the Council opt
to reject bids and re-advertise, and bidders have incurred expenses already to prepare their bid.
ATTACHMENTS
1. Council Agenda Report Authorizing Advertisement - June 10, 2014
2. Caltrans LAPG Guidelines for STIP Projects
3. Bid Evaluation and Analysis Report
4. Madonna-Souza Bid Protest
5. DBE Participation Standards
6. Madonna-Souza Appeal
7. Resolution Denying the Madonna-Souza Appeal [To be distributed under separate action]
8. CalPortland Bid Protest
9. LOVR/US 101 Contract Change Order Policy
10. Agreement
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FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Tim Bochum, Deputy Public Works Director
Kyle Rowland, Engineering Inspector
SUBJECT: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS
PROJECT UPDATE, SPECIFICATION NO. 99821
RECOMMENDATIONS
1. Approve the project plans and specifications, and the revised project budget for the Los Osos
Valley Road/US 101 Interchange Improvements Project, Specification No. 99821.
2. Authorize the advertisement of the project pending issuance of the Federal authorization form
E-76.
3. Approve a contract amendment with Dokken Engineering (Encumbrance No. 40908) in the
amount of $228,860 to perform construction engineering (design support services) during the
construction phase of the Los Osos Valley Road/101 interchange project, Specification No.
99821.
4. Direct staff to return by October in order to:
a. Award of contract with the lowest responsible bidder following a selection process
conforming to the Caltrans Local Assistance Procedures Manual.
b. Provide debt financing recommendations up to $7.5 million (estimated) in project
funding to pay the City’s remaining portion of the Los Osos Valley Road/US 101
Interchange Improvements Project costs, Specification No. 99821.
c. Apprise Council of any necessary impact fee program modifications that may be
needed to fund project costs.
5. Receive and file information about a proposal for reimbursements from available Traffic Impact
Fee cash balances to the General Fund equal to the full debt service cost in 2014-15 but no less
than one-half of the annual debt service expense for future years which is proposed as part of the
2013-15 Financial Plan Supplement.
REPORT-IN-BRIEF
This item presents information and recommendations to move the US 101/ Los Osos Valley Road
(LOVR) Interchange project to construction. It recommends Council approval of the bid package
for the project and to solicit bids for the project once State requirements for grant funding award
have been obtained. The report discusses project funding and budget issues and sets the stage to
return to Council by October 2014 for consideration of any final bid award, final debt financing
approval and recommendations for revisions to the City’s impact fee programs, if necessary to
address funding for the project. Lastly, the report foreshadows recommendations that will come
June 10, 2014
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Los Osos Valley Road/US 101 Interchange Improvements Project Update Page 2
forward in the 2013-15 Financial Plan Supplement regarding repayment for debt service costs that
will be secured by the General Fund but reimbursed by the Traffic Impact Fee accounts.
DISCUSSION
Background
The City of San Luis Obispo has reached a major milestone in the completion of the US 101/LOVR
Interchange project – the Plans and Specifications (PS&E) for the project are now complete and
have been approved by Caltrans. This PS&E package has now been forwarded to the California
Transportation Commission (CTC) for approval at its June 25th meeting. At that meeting, the CTC
will appropriate the $16,000,000 State Transportation Improvement Program (STIP) grant
previously approved by SLOCOG for this project. This authorization to proceed sets the start date
for reimbursable work on the project.
In addition, the City’s bid package for the project is complete and ready to advertise. The City can
proceed with advertising after CTC approval on June 25th, and issuance of the Federal E-76 Form,
(Authorization to Proceed). The E-76 is generally issued 1-2 weeks following CTC approval.
The City and Caltrans have been working to design and construct the Los Osos Valley Road / US
101 interchange project for many years . It is a very complex project due to its location next to the
confluence of San Luis Obispo (SLO) and Prefumo Creeks, and due to the geometrically unique
intersection of the freeway and LOVR.
Project Highlights
The project will correct operational deficiencies and improve safety at the southern entry to the City
at LOVR by widening LOVR to four lanes between the recently constructed Calle Joaquin
intersection and South Higuera Street. To accomplish this, a new two-lane bridge structure will be
constructed south of, and adjacent to, the existing overcrossing. The existing bridge will carry the
westbound traffic and the new bridge will carry eastbound traffic. An adjacent bridge crossing of
San Luis Obispo Creek will be widened to accommodate the four travel lanes. The project will also
include minimum 6-foot wide sidewalks over the freeway, 6.5-foot wide bike lanes, and will
improve the on and off-ramps. Sidewalks across the SLO Creek Bridge will be widened to allow
additional area for pedestrians and bicyclists accessing the Bob Jones Trail and future integration
with the Trail segment south of LOVR.
The City is the project sponsor, with the California Department of Transportation (Caltrans) serving
in an oversight role since they are stewards of the State Highway System . All necessary property
acquisitions have been secured.
Project Management Services
In January 2014, the City entered into an agreement for Project Manager (PM) services with
Southstar Engineering. The PM has assisted the City with final plans and specifications review, and
project permitting. The PM also assisted with the development of the Request for Proposals (RFP)
for the Construction Management service discussed below. In addition, they will have a key role in
processing the project through advertising and awarding phases. During the construction phase, the
PM is responsible for keeping the City appraised of all activities on site, identifying potential
Attachment 1 - 2
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problems and solutions, and providing direct oversight of the construction inspection staff. They
will also maintain public outreach and information.
Construction Management Services
Due to the size and complexity of the project, Council authorized the advertisement for
Construction Management (CM) services at their April 1, 2014 meeting. The CM role in the project
will be the day-to-day inspection, materials testing, coordination with Caltrans and contractor staff,
and completion of required paperwork for the project. More specifically, some of these required
services will include: utility coordination, structure inspection, surveying, public outreach,
environmental monitoring, and material inspection and testing.
The City, in coordination with Caltrans, is currently evaluating submitted proposals for these
services and expects to enter into contract with a qualified firm in July in order to be ready for
construction to begin later this year.
Project Outreach
The project will impact local and regional traffic circulation in this busy area of the city.
Consequently, staff has been working with the PM and Caltrans to develop a significant public
outreach effort as part of the project. A website for the project has been developed
(www.LOVR101.org) for status updates and project information so that the public can get real time
information on the project including road closures.
In addition, a notification database has been created so that individuals and businesses can subscribe
to notices that will be sent out by the CM firm and contractor. The PM along with Staff are
currently analyzing the use of social media such as Facebook and Twitter for better public access to
project information and noticing. The PM firm will be taking lead on most public contact during the
project including complaints and project inquiries.
Construction Engineering– Dokken Contract Amendment
As part of project construction, the design engineering firm – Dokken Engineering – will continue
with additional construction engineering services. In that capacity, Dokken will assist the CM and
PM firms with interpretation of the plan set, resolve construction inconsistencies, respond to
contractor requests for information or change order requests, project redesigns (if necessary) and
As-built submittals. These services are not part of the design services contract with Dokken. Staff
has worked with Dokken to prepare a scope of work and cost estimate for these services through the
end of construction in an amount not to exceed $229,000. Staff recommends Council authorize
amending these costs into the Dokken contract. Expenditures for these services will not occur until
construction commences later this year, and will only be used on an as needed basis.
Project Plans and Specifications
The project plans, specifications, and estimates (PS&E) were developed by the City’s consultant
design firm Dokken Engineering. This 100% PS&E package was submitted to Caltrans in May
2014 with anticipated approval by headquarters in June 2014. The CTC is expected to vote on the
$16,000,000 in grant funding at their June 25, 2014 meeting. Approval of this funding request will
release the E-76 - Authorization to Proceed from the Federal Highway Administration.
Construction advertisement can begin after issuance of the E-76.
Attachment 1 - 3
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Los Osos Valley Road/US 101 Interchange Improvements Project Update Page 4
FISCAL IMPACT
Improvements to the US 101/LOVR interchange have been in the planning and developmental
stages for at least twenty years. Phased improvements have been constructed with City oversight by
prior development. The first two phases of this three-phase project included the Calle Joaquin
relocation done by Costco, miscellaneous improvements done by the Irish Hills Development, and
prior sidewalk and bridge work.
This third phase of improvements has been delayed while the City obtained full State funding equal
to $16,000,000 to help deliver the required interchange improvements. With completion of the
plans, specification and permit process the City now has a fully refined engineer’s estimate on costs
necessary to complete the project.
This refined engineer’s estimate notes the project will cost $24,124,300 from this point to
completion. Highlights of this amount include:
a) $17,986,302 for the interchange construction work, landscaping and environmental
mitigation
b) $1,840,000 in contingency
c) $250,000 bond origination fee (this fee may ultimately be included in the bond repayment
amount – yet to be determined).
d) $4,048,500 for PM, CM and construction engineering services of which $859,500 has
already been allocated by previous Council.
As noted above, the total construction project cost from this point forward is $24,124,300. Based
upon prior Council actions, the total amount needed to move forward for FY 2014-15 is
$23,338,808. This includes $74,000 of reimbursement to the General Fund for prior Right of Way
assistance.
To date, approximately $4,135,660 has been spent on Phase III of the project. This amount, in
addition to the $74,000, brings the total cost of this final phase of the Interchange to $28,334,000 as
shown in Table 1.
A summary of the totals referred to above and noted below:
a) $23,338,808 is the amount needed in FY 14-15 to fund all anticipated construction related
costs not currently funded,
b) $24,124,283 is the total amount required to complete all work moving forward from the date
of this report – this includes some CM and PM services already funded,
c) $28,333,943 represents the total amount of the third and final phase (US 101/LOVR
Interchange), and,
d) $36,513,717 is the total project cost including the prior phases; some completed several
years ago.
Attachment 1 - 4
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Los Osos Valley Road/US 101 Interchange Improvements Project Update Page 5
To Date 2013-142014-15
Alrerady Incurred Costs:
Study (PSR)189,000$ 189,000$
Environmental & Studies 954,300$ 954,300$
Value Engineering 40,000$ 40,000$
Land Acquisition 250,000$ 250,000$
Design (PS&E)2,676,120$ -$ 2,676,120$
Legal 26,240$ 26,240$
Subtotal:4,135,660$ 4,135,660$
Misc.
GF Reimbursement for ROW 74,000$ 74,000$
Construction:
RE Services/Pre-Construction 100,000$ 100,000$
City Contingency Amount 1,839,481$ 1,839,481$
Loan/bond Origionation Fee 250,000$ 250,000$
Construction (includes Env. Mit)17,986,302$ 17,986,302$
Construction Management 759,475$ -$ 3,189,025$ 3,948,500$
759,475$ 100,000$ 23,264,808$ 24,124,283$
Total All Project Costs:4,895,135$ 100,000$ 23,338,808$ 28,333,943$
Project Components
Table 1 – Project Costs
This total Phase III amount of $28,333,943 is $549,293 (1.9%) higher than anticipated in the FY
2013-15 Financial Plan.
The above chart indicates the total “physical” construction cost of $17,986,302 and contingency of
$1,839,481 million is 70% of the total Phase III project costs of $28,338,808. The remaining 30% is
for Right of Way acquisition, design, coordination with Caltrans, permits, construction engineering
and construction management. While this amount is higher than the typical 20-25% in ‘soft costs’
for construction projects, it is consistent with similar projects involving state facilities, high traffic
locations, and projects intersecting streams and creeks.
Debt Financing Needs
Based upon these new estimates and the final grant amount, the local “borrowing” necessary to
complete the project will be about $7,500,000. This amount is determined by subtracting the
$16,000,000 from the FY 14-15 expenses of $23,338,808 and rounding up.
Total Costs- FY 2014-15: $23,338,808
Grant Amount: $16,000,000
Subtotal: $7,338,808
Rounded: $7,500,000
The Finance Department has worked with its Financial Advisor to obtain estimated debt service
costs for a borrowing this size. Interest rates are forecast to continue rising and the annual debt
service payments are estimated to be $482,000 over 30 years. This is approximately $57,000 more
than the amount anticipated when the 2013-15 Financial Plan was adopted. The General Fund will
Attachment 1 - 5
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Los Osos Valley Road/US 101 Interchange Improvements Project Update Page 6
be obligated to pay this amount annually and will be reimbursed when payments from the Citywide
TIF and LOVR Sub Area Impact Fee are collected. The project will return to Council with the
financing documents at the same time that the recommended bid award is brought back for
approval, which is anticipated to be October 2014.
Funding
The funding strategy for the interchange project was initially established as follows:
• An ultimate 50/50 split between local funds from the City and outside funding sources
(transportation grants)
• The local fund component would be:
o The Citywide TIF account
o The special LOVR Sub Area Impact fee established to better collect monies from
development in close proximity to the project
o And, when necessary, the General Fund or other source to help keep the project on
track.
Including all three phases of the project, total project costs are:
Status
Calle Joaquin Relocation (Phase I)7,945,775$ Complete
Misc. Sidewalk and Bridge Widening (Phase II)234,000$ Complete
Phase III - US 101/LOVR Interchange 28,333,942$ In Progress
Total Costs for All Phases 36,513,717$ Table 2 – Total Project Costs, All Phases
Impact Fees
Impact fees intended to be dedicated to this project are anticipated to fall short of the total project
cost of $36,513,717 by $1.4 million. It was anticipated the TIF and LOVR Subarea Fee would be
adjusted to compensate for any shortfall. It is premature to assume those fees need to be amended at
this point as several variables remain in motion including project costs, actual bids, the intensity of
development (potential LUCE changes), and other variables. Staff will return to council with
recommendations for fee amendments once these variables are clarified. Staff will assess the
appropriate timing of this work effort.
General Fund Reimbursement
The financing of the amount needed to complete the project construction will be an obligation of the
General Fund due to the fact that the credit markets do not find enough security in impact fee
programs because of the fluctuations that occur in the volume of annual fee collections. As a result,
TIF should be considered as a back-stop to the General Fund by providing a minimum amount of
support for the debt service expense when sufficient cash balances exist. Staff is recommending
that the 2013-15 Financial Plan Supplement show the TIF fund contribute an amount equal to the
full debt service payment for 2014-15. Staff also recommends at least one-half of the future debt
Attachment 1 - 6
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Los Osos Valley Road/US 101 Interchange Improvements Project Update Page 7
service payments are made by impact fees in future years. The FY 14-15 amount is estimated at
$250,000.
Project Schedule
May 29th, 2014 Conduct Construction Management firm interviews
July 8 th , 2014 Award/execute Construction Management contract
June 25th, 2014 California Transportation Commission to vote on $16,000,000 grant
July, 2014 Federal authorization to proceed issued from FHWA - Form E-76
July-August, 2014 Construction advertisement period
October, 2014 Council authorization to proceed with necessary debt financing
October, 2014 Award construction contract
November, 2014 Start construction
Spring, 2016 End construction
The dates listed above are project based on the current project status and may change as the project
progresses.
ATTACHMENTS
1. Amendment to Agreement with Dokken Engineering
Council Reading File: Project #99821; Plans, Specification & estimates Bid Package
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Local Assistance Program Guidelines Chapter 23 Local Agency STIP Projects
Table of Contents i of ii
DLA-OB 13-09 October 31, 2013
CHAPTER 23 LOCAL AGENCY STATE TRANSPORTATION
IMPROVEMENT PROGRAM (STIP) PROJECTS
CONTENTS
SECTION/SUBJECT PAGE NUMBER
231 PURPOSE ....................................................................................................................................................... 23-1
23.2 IMPACT OF SB 45 ON LOCAL GRANT PROCEDURES ................................................................................. 23-1
TIMELY USE OF FUNDS ........................................................................................................................... 23-1
COUNTY SHARE BALANCE AND ADJUSTMENTS .................................................................................... 23-4
23.3 PROCEDURES FOR LOCALLY ADMINISTERED PROJECTS ........................................................................ 23-9
ALLOCATION OF FUNDS ALL PROJECTS ............................................................................................... 23-9
STARTING WORK BEFORE ALLOCATION OF FUNDS – SB 184 ........................................................... 23-12
23.4 PROCEDURES FOR LOCAL STIP PROJECT ALLOCATIONS ..................................................................... 23-13
ALLOCATION OF FUNDS ....................................................................................................................... 23-13
REIMBURSEMENT ................................................................................................................................. 23-17
PROJECT COMPLETION ........................................................................................................................ 23-18
ADDITIONAL GUIDANCE ON LOCAL STIP PROJECTS ........................................................................ 23-18
23.5 PLANNING, PROGRAMMING, AND MONITORING (PPM) FUNDS ............................................................ 23-19
23.6 FEDERAL MATCH ...................................................................................................................................... 23-19
23.7 RIDESHARE PROJECTS .............................................................................................................................. 23-19
23.8 REPORTING REQUIREMENTS ................................................................................................................... 23-19
GOVERNMENT CODE 14529 (ADOPTED BY AB 872, AMENDED BY SB 184) ...................................... 23-19
MONTHLY STATUS OF CONSTRUCTION CONTRACT AWARD ............................................................ 23-20
23.9 REFERENCES ............................................................................................................................................. 23-20
FLOW CHARTS
FLOWCHART/SUBJECT PAGE NUMBER
23-1 ALLOCATION PROCEDURES (LOCAL STIP PROJECTS) .......................................................................... 23-21
23-2 REIMBURSEMENT AND PROJECT COMPLETION ...................................................................................... 23-23
Attachment 2 - 1
B1-14
Chapter 23 Local Assistance Program Guidelines Local Agency STIP Projects
Table of Contents ii of ii
October 31, 2013 DLA-OB 13-09
EXHIBITS
EXHIBIT/DESCRIPTION PAGE NUMBER
23-A AWARD INFORMATION FOR STIP PROJECTS ........................................................................................ 23-25
23-B REQUEST FOR TIME EXTENSION (LOCAL STIP PROJECTS) ................................................................ 23-27
23-C STATE-ONLY FINANCE LETTER (LOCAL STIP PROJECTS)... ................................................................ 23-33
23-D [RESERVED FOR FUTURE USE] (USE LAPM EXHIBIT 3-O] .................................................................. 23-35
23-E CTC STATE-ONLY FUNDING POLICY ..................................................................................................... 23-37
23-F REQUEST FOR EXCEPTION TO STIP STATE-ONLY FUNDING POLICY ................................................. 23-39
23-G STIP PROJECT PROGRAMMING REQUEST FORM ................................................................................. 23-41
23-H STIP PROJECT PROGRAMMING REQUEST FUNDING INFORMATION ................................................... 23-42
23-I STIP PROJECT PROGRAMMING REQUEST INSTRIUCTIONS ................................................................... 23-43
23-J PROJECT STUDY REPORT GUIDELINES ................................................................................................... 23-51
23-K LOCAL ROAD REHABILITATION PROJECT CERTIFICATION ................................................................ 23-59
23-L PAVEMENT MANAGEMENT SYSTEM (PMS) CERTIFICATION ............................................................... 23-61
23-M NOTICE OF SB 184 PROJECT START FOR LOCAL STIP PROJECTS ..................................................... 23-63
23-N FUNDING ALLOCATION CHECKLIST (LOCAL STIP PROJECTS) ........................................................... 23-65
23-O REQUEST FOR FUNDING ALLOCATION (LOCAL STIP PROJECTS) ....................................................... 23-71
Attachment 2 - 2
B1-15
Local Assistance Program Guidelines Chapter 23 Local Agency STIP Projects
Page 23-1
DLA-OB 13-09 October 31, 2013
CHAPTER 23 Local Agency State Transportation
Improvement Program (STIP) Projects
23.1 PURPOSE
Senate Bill 45 (SB 45), Chapter 622, Statutes of 1997, made major changes in the state’s
transportation programming process. The purpose of this chapter is to assist responsible
local agencies, regional planning agencies, the California Transportation Commission
(CTC) and Caltrans in the administration of local grant projects (all non-State Highway
projects) programmed in the State Transportation Improvement Program (STIP). This
chapter also addresses the Planning, Programming, and Monitoring (PPM) funds,
Regional Surface Transportation Program (RSTP), Congestion Mitigation and Air
Quality (CMAQ) Improvement Program, and Rideshare projects.
Roadway projects programmed in the STIP that are 100 percent state funded and are off
the State Highway System will be developed according to the design standards of
Chapter 11 of the Local Assistance Procedures Manual (LAPM). These projects may be
treated as federal-aid funded for the purpose of selecting the appropriate design standard.
STIP projects on the State Highway System and administered by local agencies are
processed by Project Management, not Local Assistance.
23.2 IMPACT OF SB 45 ON LOCAL GRANT PROCEDURES
The CTC STIP Guidelines, amended by the CTC on August 6, 2013, describe
programming procedures relative to the fund estimate and the project selection process.
The CTC STIP Guidelines may be accessed from the Internet at:
http://www.dot.ca.gov/hq/transprog/ocip/2014stip.htm
SB 45 enacted provisions regarding the timely use of funds for projects adopted into the
STIP. For local grant projects, no adjustment will be made to the county share balance
after the allocation for any amount not expended by the local agency. Also, time limits
are applied to the allocation of funds programmed in the STIP. These procedures address
the impact that the timely use of funds provision has on county share balances.
After a project is programmed in the STIP, three major steps in the administration of
local grant projects are impacted by SB 45—fund allocation, project reimbursement, and
project completion. Of these three steps, SB 45 had the most impact on the fund
allocation process. Local entities, regional planning agencies, the CTC, and Caltrans all
play an important role in this step. Procedures for project reimbursement and project
completion have not been changed except for the time limits placed on reimbursements in
the liquidation of the encumbered funds. Project implementation procedures (including
environmental, right of way acquisition, design standards, preparation of plans,
specifications and estimates [PS&E], and construction) were not changed by SB 45.
TIMELY USE OF FUNDS
The timely use of funds provisions enacted by SB 45 are intended to encourage local and
regional agencies to accurately program, monitor and deliver projects in a timely
manner. More accurate programming and delivery of projects enables the CTC to
manage transportation funding more effectively. The information below is also included
in Section 65 of the 2014 CTC STIP Guidelines.
Attachment 2 - 3
B1-16
Chapter 23 Local Assistance Program Guidelines Local Agency STIP Projects
Page 23-2
October 31, 2013 DLA-OB 13-09
There are several deadlines that must be met:
Allocation – project components must be allocated in the year in which
they are programmed.
Expenditure – project development expenditures for environmental
studies and permits, PS&E, or right of way must occur by the end of the
2nd fiscal year following allocation.
Award – construction contracts must be awarded within six months of
the construction allocation. Please notify Caltrans districts when
construction contracts are awarded. Notification is required within 60
days of contract award. Projects not awarded within four months are
required to be reported to the CTC on a monthly basis.
Completion – full project completion must occur within three years of
the construction award date and final invoice no later than 180 days after
contract acceptance.
Allocation
Funds that are programmed for all components of local grant projects or for Caltrans
construction and construction support costs are available for allocation only until the end
of the fiscal year identified in the STIP. Whenever programmed funds are not allocated
within this deadline, the project programming will be deleted from the STIP. The CTC
will not make the funds immediately available to the county share or interregional share
for reprogramming. The CTC will, however, adjust the share balance to restore the funds
in the next county share period; see section 23.3.1 for additional information.
Project Development and Right of Way
For funds allocated for local project development (environmental studies and permits,
PS&E) or right of way, costs must be incurred by the end of the second fiscal year
following the fiscal year in which the funds were allocated. For local grant projects, the
local agency must invoice Caltrans for these costs no later than 180 days after the end of
the last eligible fiscal year of expenditure.
Construction and Equipment Purchases
Funds allocated for construction or for purchase of equipment must be encumbered by
the award of a contract within six months of the date of the allocation of funds. From the
date of award of the contract, the local agency has up to 36 months to complete (accept)
the contract. At the time of fund allocation the CTC may extend the deadline for
completion of work (or purchase of equipment) and the liquidation of funds if necessary
to accommodate the proposed expenditure plan for the project. For local grant projects,
the local agency has 180 days after contract acceptance to make the final payment to the
contractor or vendor, prepare the final Report of Expenditure, and submit the final
invoice to Caltrans for reimbursement. Project completion (contract acceptance) is
defined as when all work identified in the project agreement (program supplemental
agreement) has been successfully completed and accepted by the officer or body
constituting the awarding authority of the local agency.
Per Resolution G-06-08, adopted by the CTC in June 2006, Caltrans is required to
provide monthly contract award status reports to the CTC on projects that have not been
awarded within four months of the date of the CTC’s allocation. Agencies should keep
the District Local Assistance Engineer (DLAE) informed of contract advertisement and
are required to inform them within 60 days of contract award. A standardized form has
been developed for submittal of award data (see Exhibit 23-A Award Information for
STIP Projects).
Attachment 2 - 4
B1-17
1
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
September 2, 2014
Mr. Daryl Grigsby
Director of Public Works
c/o Mr. Kyle Rowland
Supervising Project Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Subject: Bid Evaluation and Analysis Report – Los Osos Valley Road Interchange
Reconstruction (Project) – City Specification No. 99821 – Federal Project No.
Q101(258)-1
Dear Mr. Grisby and Mr. Rowland,
Southstar Engineering & Consulting, Inc. has reviewed the bids submitted for the construction of the
referenced project and offers the following report for your reference and use.
The Project was advertised on July 5, 2014 in the local newspaper, on eBidBoard and BidSync. The
advertised bid opening date was August 12, 2014. A total of 5 sealed bids were received by the front
desk on August 12, 2014 at 2:00pm and were publically announced in Conference Room #1 of the
Public Works Administration Office located at 919 Palm Street in the City of San Luis Obispo.
Our review process consisted of the following:
1. Tabulate all bids received to check for math errors and confirm final ranking (Tabulation
Attached)
2. Check bid packages responsiveness for the low three bidders (Tabulation Attached)
3. Conduct a bid balance check for all bidders with focus on the three low bidders (Tabulation
Attached)
4. Check the A. M. Best ranking of bid bond providers for the low three bidders
5. Check the status of the contractor’s license for the low three bidders
Tabulation of All Bids Received and Math Check:
All bids received were entered by our staff into the attached spreadsheet. After bid closing, the
submitted bid from the apparent low bidder, Granite Construction Company (Granite), was reviewed
for mathematical errors and none were found. The bid package from apparent low bidder No. 2,
Madonna/Souza Joint Venture Partnership, was reviewed for mathematical errors and two were
found that increased the amount of bid from $17,458,924.75 to $17,461,924.75. The apparent low
bidder No. 3, CalPortland Construction, was reviewed for mathematical errors and none were found.
The bid package from apparent low bidder No. 4, Papich Construction Company, Inc., was reviewed
Attachment 3 - 1
B1-18
2
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
for mathematical errors and none were found. The bid package for apparent low bidder no. 5,
American Paving Company, was reviewed for mathematical errors and four were found that reduced
the amount of bid from $22,218,515.77 to $22,207,576.11. All bid amounts and unit prices for all
contractors were entered into an Excel spreadsheet that includes the Engineer’s estimate to confirm
the low bidder. In our review, math errors were found in two of the five submitted bids. Therefore,
the bidder’s initial rankings remained unchanged after the math check.
Responsiveness Assessment:
All items listed in the Notice Inviting Bids (NIB) for the Project are included in the attached Bid
Responsiveness Checklist. Following is our finding for each of the Three Low Bidders on the
Project:
Granite Construction Company (Granite), the Low Bidder – The bid package was checked for
responsiveness in accordance with the attached checklist. As shown in the tabulation, all required
items were included and were determined to be appropriate with the exception of the required
Federal Forms that must be provided within 4 business days of the bid opening. The required
Federal Forms were received prior to the deadline. Therefore the bid package for Granite
Construction Company is considered responsive.
Madonna/Souza JV Partnership (MSJV), the second low bidder – The bid package was checked
against the responsiveness checklist. All required items were included and were determined to be
appropriate with the exception of the required Federal Forms that must be provided within 4
business days of the bid opening. The required Federal Forms were received prior to the deadline.
Therefore, the bid received from Madonna/Souza JV Partnership is considered responsive.
CalPortland., the third low bidder – The bid package was checked against the responsiveness
checklist. All required items were included and were determined to be appropriate with the exception
of the required Federal Forms that must be provided within 4 business days of the bid opening. The
required Federal Forms were received prior to the deadline. Therefore, the bid received from
CalPortland is considered responsive.
Bid Balance Check - Process Overview:
The Bid tabulation attached provides the following:
1. Assessing Competition
2. A Bid Balance Check on all bidders with focus on the Low Bid in reference to the Second and
Third Low Bids
3. Comparison between the Low Bid and the Engineer’s Estimate
4. Comparison between the Low Bid and the Average Bid Item Prices for the three low bids
Overall, 4 of the 5 bids received were over the Engineer’s Estimate of $16,970,377. The only bid that
was less than the Engineer’s Estimate was from the apparent low bidder, Granite Construction
Company. After that the variation from the Engineers Estimate ranged from 2nd lowest bidder’s bid
of about 2.9% higher and 30.9% higher by American Paving Company, the highest bidder.
Assessing Competition:
In accordance with the Federal Highway Administration Guidelines on Preparing Engineer’s
Estimate, Bid Reviews and Evaluation, Section 5, Bid Analysis and Contract Award, competition is
Attachment 3 - 2
B1-19
3
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
considered excellent when there are six or more bids within 20 percent of the low bid, including the
low bid. As shown in the attached tabulation, four of the five bids considered are within 20 percent of
the low bid. The narrow range of bids is an indication that the project scope was uniformly
understood by bidders. Also, in accordance with the referenced guidelines, competition is
considered very good on this project.
Bid Balance Check (Granite)
In accordance with the referenced guidelines, an item is potentially unbalanced if the difference
between the Low Bidder’s unit price and the Engineer’s Estimate is greater than +50% or is less
than -75%. In addition to the referenced guidelines, Southstar followed the flow chart shown below in
checking the balance of bids.
Does bid deviate from
Engineers Estimate
< -75% or > +50%
Is bid
< -75% or > +50% of
lowest 3 bidders
average?
Does it involve a
significant $ value?YES YES
NO NO NO
YES
No further review No further review No further review
Document Evaluation
In following this flow chart for each bid item included in the apparent low bid package (Granite), the
attached tabulation shows 58 bid items that have exceeded one of the limits above in comparison to
the Engineer’s Estimate. Of the 58 items, nine (9) items also deviated from the average of the three
low bidders. Of these nine (9) items, four (4) also deviated by more than $25,000 from the average
of the three low bidders and warranted further review.
These Five Items Are:
Bid Item 3: Time Related Overhead (TRO) - This is paid based on 350 working days called out in
the specifications. Granite Construction Company (Granite) bid $5,000 per working day on this item
(total: $1,750,000), while the Engineer’s Estimate is only $1,900 per working day (total: $665,000)
and the average of the three low bidders is $2,638.33 per working day (total: $923,416). It appears
that Granite has overbid this item while maintaining their low bidder status. However, while the TRO
number may be high, it is fixed. Both the unit price and the number of days are fixed. This item will
be paid over the course of the Project and does not warrant concern since the contractor will be
required to complete the project within the contract required 350 days. No additional compensation
will be warranted once the specified work is completed per the Contract requirements.
Bid Item 27: Temporary Large Sediment Barrier - This is paid per linear foot (LF) with 3,934 LF
called out in the engineer’s quantity estimate. Granite bid $18 per LF on this item (total: $70,812),
while the Engineer’s Estimate is only $2.50 per LF (total: $9,835) and the average of the three low
bidders is $11.25 per LF (total: $44,257). It appears that Granite has overbid this item while
maintaining their low bidder status. This item cost will vary depending upon the type of material
used for sediment barrier. A coconut fiber sediment barrier is more effective and costly than a straw
sediment barrier. The cost of a coconut fiber barrier is closer to $18 per LF. However, the
Attachment 3 - 3
B1-20
4
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
Engineer’s Estimate of the required quantity appears to be accurate and the potential for bid item
quantity overrun is minimal. Therefore, this apparent overbid of this item by Granite should not be a
concern.
Bid Item 66: Bridge Removal (Portion) – Location A- This is a lump sum (LS) item paid. Granite
bid $50,000 for this item, while the Engineer’s Estimate is only $10,000 and the average of the three
low bidders is $24,183. It appears that Granite has overbid this item while maintaining their low
bidder status. However, this item will be paid as the work is completed on the Project. Also, being a
lump sum item does not warrant concern since they will be required to provide the requirements of
this item at this price. No additional compensation will be warranted once the specified work is
completed per the Contract requirements.
Bid Item 173: Chain Link Railing- This is paid per linear foot (LF) with 795 LF called out in the
engineer’s quantity estimate. Granite bid $80 per LF on this item (total: $63,600), while the
Engineer’s Estimate is only $16 per LF (total: $12,720) and the average of the three low bidders is
$44.33 per LF (total: $35,245). It appears that Granite has overbid this item while maintaining their
low bidder status. The Engineer’s Estimate of the required quantity appears to be accurate and the
potential for bid item quantity overrun is minimal. Therefore, this apparent overbid of this item by
Granite should not be a concern.
Bid Balance Check (MSJV)
In following the same flow chart and logic for each bid item included in the apparent 2nd lowest bid
package (MSJV), the attached tabulation shows 68 bid items that have exceeded one of the limits
above in comparison to the Engineer’s Estimate. Of the 68 items, nineteen items also deviated from
the average of the three low bidders. Of these nineteen items, six (6) also deviated by more than
$25,000 from the average of the three low bidders and warranted further review
Bid Item 2: Progress Schedule (CPM) - This is a lump sum (LS) item paid. MSJV bid $43,000 for
this item, while the Engineer’s Estimate is only $6,500 and the average of the three low bidders is
$18,967. It appears that MSJV has overbid this item while maintaining their 2nd lowest bidder status.
However, this item will be paid as the work is completed on the Project. Also, being a lump sum
item does not warrant concern since they will be required to provide the requirements of this item at
this price. No additional compensation will be warranted once the specified work is completed per
the Contract requirements.
Bid Item 19: Temporary Creek Diversion System – This item is paid per each diversion system
(EA) with a quantity of two (2) called out in the engineer’s quantity estimate. MSJV bid $91,000 EA
on this item (total: $182,000), while the Engineer’s Estimate is only $15,000 EA (total: $30,000) and
the average of the three low bidders is $54,667 EA (total: $109,333). It appears that MSJV has
overbid this item while maintaining their 2nd lowest bidder status. The Engineer’s Estimate of the
required quantity appears to be accurate and the potential for bid item quantity overrun is minimal.
Therefore, this apparent overbid of this item by MSJV should not be a concern.
Bid Item 121: Fractured Rib Texture – This item is paid per square foot (SF) with a quantity of
6,365 called out in the engineer’s quantity estimate. MSJV bid $16/SF on this item (total: $101,840),
while the Engineer’s Estimate is only $8/SF (total: $50,920) and the average of the three low bidders
is $10/SF (total: $63,650). It appears that MSJV has overbid this item while maintaining their 2nd
lowest bidder status. The Engineer’s Estimate of the required quantity appears to be accurate and
Attachment 3 - 4
B1-21
5
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
the potential for bid item quantity overrun is minimal. Therefore, this apparent overbid of this item by
MSJV should not be a concern.
Bid Item 149: Undersidewalk Drain – This item is paid per each drain (EA) with a quantity of 14
called out in the engineer’s quantity estimate. MSJV bid $4,000 EA on this item (total: $56,000),
while the Engineer’s Estimate is only $300 EA (total: $4,200) and the average of the three low
bidders is $2,558 EA (total: $35,816). It appears that MSJV has overbid this item while maintaining
their 2nd lowest bidder status. The Engineer’s Estimate of the required quantity appears to be
accurate and the potential for bid item quantity overrun is minimal. Therefore, this apparent overbid
of this item by MSJV should not be a concern.
Bid Item 158: Minor Concrete (Curb & Gutter) – This item is paid per cubic yard (CY) with a
quantity of 233 called out in the engineer’s quantity estimate. MSJV bid $1,020/CY on this item
(total: $237,660), while the Engineer’s Estimate is only $430/CY (total: $100,190) and the average of
the three low bidders is $636/CY (total: $148,188). It appears that MSJV has overbid this item while
maintaining their 2nd lowest bidder status. The Engineer’s Estimate of the required quantity appears
to be accurate and the potential for bid item quantity overrun is minimal. Therefore, this apparent
overbid of this item by MSJV should not be a concern.
Bid Item 208: Mobilization – This is a lump sum (LS) item paid. MSJV bid $128,000 for this item,
while the Engineer’s Estimate is considerably higher at $1,542,761 and the average of the three low
bidders is $723,897. Mobilization is typically about 10% of the overall bid amount, so it is not
immediately clear the reasoning behind this low item bid. Therefore, it appears that MSJV has
underbid this item. However, this item will be paid as the work is completed on the Project. Also,
being a lump sum item does not warrant concern since they will be required to provide the
requirements of this item at this relatively low price. No additional compensation will be warranted
once the specified work is completed per the Contract requirements.
Bid Balance Check (CalPortland)
In following the same flow chart and logic for each bid item included in the apparent 3rd lowest bid
package (CalPortland), the attached tabulation shows 54 bid items that have exceeded one of the
limits above in comparison to the Engineer’s Estimate. Of the 54 items, nine (9) items also deviated
from the average of the three low bidders. Of these nine (9) items, three (3) also deviated by more
than $25,000 from the average of the three low bidders and warranted further review
Bid Item 29: Street Sweeping - This is a lump sum (LS) item paid. CalPortland bid $226,000 for
this item, while the Engineer’s Estimate is only $32,000 and the average of the three low bidders is
$119,333. It appears that CalPortland has overbid this item while maintaining their 3rd lowest bidder
status. However, this item will be paid as the work is completed on the Project. Also, being a lump
sum item does not warrant concern since they will be required to provide the requirements of this
item at this price. No additional compensation will be warranted once the specified work is
completed per the Contract requirements.
Bid Item 71: Dust Control Plan - This is a lump sum (LS) item paid. CalPortland bid $132,000 for
this item, while the Engineer’s Estimate is only $1,400 and the average of the three low bidders is
$51,500. It appears that CalPortland has overbid this item while maintaining their 3rd lowest bidder
Attachment 3 - 5
B1-22
6
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
status. However, this item will be paid as the work is completed on the Project. Also, being a lump
sum item does not warrant concern since they will be required to provide the requirements of this
item at this price. No additional compensation will be warranted once the specified work is
completed per the Contract requirements.
Bid Item 77: Structure Backfill (Slurry Cement) - This is paid per cubic yard (CY) with 168 CY
called out in the engineer’s quantity estimate. CalPortland bid $558 per CY on this item (total:
$93,744), while the Engineer’s Estimate is only $150 per CY (total: $25,200) and the average of the
three low bidders is $336 per LF (total: $56,448). It appears that CalPortland has overbid this item
while maintaining their 3rd lowest bidder status. However, the Engineer’s Estimate of the required
quantity appears to be accurate and the potential for bid item quantity overrun is minimal.
Therefore, this apparent overbid of this item by CalPortland should not be a concern.
General Comparison of Bids
Contractor Name
Granite
Construction
Company
Madonna/Souza
JV Partnership CalPortland
Percent Variance from Engineer's Estimate -2.35% +2.90% +6.88%
Dollar Variance from Engineer's Estimate -$398,247.04 +$491,547.87 +$1,168,046.11
Percent Variance from Low Bid 00.00% 5.37% 9.45%
Dollar Variance from Low Bid $ - $ 889,794.91 $ 1,566,293.15
A.M. Best Ranking of Bid Bond Providers
The A. M. Best Ranking of Bid Bond Providers of the low three bidders was verified and all have met
or exceeded the requirements of the Contract Documents.
Contractor’s License Check
All Contractors’ licenses listed in the low three bids were verified with the Contractor State License
Board and no irregularities were found.
Bid Protests
Two bid protests were received prior to the deadline of 5:00pm on August 19, 2014. The first protest
was from the Madonna/Souza JV (MSJV) protesting the apparent low bidder #1 (Granite). The
second protest was from CalPortland protesting the apparent low bidder #2 (MSJV). Requests for
responses were sent from the City via email and hard copy to the relevant parties on August 20,
2014. Responses were received the same week.
Protest #1 - The following is a summary of the protest argument, summary response, and findings
for protest #1:
Protest argument: Granite failed to comply with the Federal DBE rules and regulations by
submitting a quote from Dragon Materials Transport, Inc. (Dragon) for “Buy & Haul Asphalt
Attachment 3 - 6
B1-23
7
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
Oil” addressed to CalPortland Construction (CalPortland). This quote is used as a $421,200
bid contributing to the 3% DBE goal set for the project, but there is no evidence given of any
contractual relation, or contact between CalPortland and Granite, or between Dragon and
Granite, with respect to this project. Exhibit 15-H fails to show that Granite contacted Dragon
prior to bidding. Additionally, the quote is for delivery to a Paso Robles location, and Granite
has no plant in Paso Robles. This failure to provide the necessary DBE documentation
results in the inability of Granite to show a good faith effort to meet the project DBE goals.
Summary response from Granite: CalPortland is supplying Granite with material for this
contract and Dragon is committed to supply and haul asphalt oil CalPortland for this contract
as Granite’s supplier. The asphalt oil will be delivered CalPortland’s facility in Paso Robles.
All DBE participation (including lower tier subcontractors and suppliers) counts toward the
DBE goal. (See Standard Specification Section 2-1.12B, Disadvantaged Business Enterprise
Goal; 49 CFR §26.55; see also Standard Specification Section 5-1.13B). Therefore, bidders
were required to identify on the DBE Commitment Form all DBE firms participating in the
project regardless of tier. (See Instructions- Local Agency Bidder DBE Commitment
(Construction Contracts)).
With respect to first tier subcontractors and suppliers, the DBE firm provides a quote directly
to the bidder, and for lower tier DBE subcontractors and suppliers, the quote will not be a
direct quote from the subject DBE to the bidder; but rather, such quote will necessarily be
directed to the relevant subcontractor/supplier. Here, Granite's first tier material supplier is
CalPortland and its second tier supplier/hauler (through CalPortland) is Dragon.
Consequently, Dragon's quote for this Contract was properly directed to CalPortland. As is
customary, Granite's supplier, CalPortland, provided Granite with Dragon's quote for
inclusion in Granite's DBE submittal to evidence Dragon's participation.
Findings: The Standard Specifications clearly identify that all DBE participation, including
lower tier subcontractors and suppliers, count toward the specified DBE goal. In this
situation, Dragon is a 2nd tier DBE supplier to Granite and therefore contributes to the overall
DBE goal. Granite has met the minimum DBE utilization goal of 3.0%.
Protest #2 - The following is a summary of the protest argument, summary response, and findings
for protest #2:
1. Protest argument #1: MSJV made critical errors on Bid Book p. 24 and p. 27. The bidder
shall list all subcontractors in accordance with Sections 2-1.054 and 2-1.33C of the Standard
Specifications, in addition to Public Contract Code Section 4100. The two referenced
subcontractor forms should match and any variance would be a breach of the referenced
provisions. MSJV lists entirely different subcontractors for the same portions of work, i.e. Bid
Book p. 24 lists Acacia Environmental for Erosion Control while p. 27 lists KCI Environmental
for the same portion of work. By having multiple subcontractors listed for the same work, this
is a violation of Public Contract Code Section 4104(2)(B)(b) that states “The prime contractor
shall list only one subcontractor for each portion as is defined by the prime contractor in his
or her bid.”
Summary response from MSJV: CalPortland misreads the purpose of Exhibit 12-B and the
“List of Subcontractors”. The purpose of the List of Subcontractors is to furnish certain
specified information with the contractor’s bid for any subcontractor that is to perform more
Attachment 3 - 7
B1-24
8
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
than 0.5% of the total base bid. The purpose of Public Contracts Code § 4100 et. Seq. is to
ensure that “bid shopping” will not occur in public contracting.
Exhibit 12-B is not required with the bid submission, and there is no merit to the claim that
Exhibit 12-B must match the Subcontractor List at the time of the bid submission. They are
for separate purposes.
The Subcontractor’s List submitted with the bid by MSJV listed only KCI f or the Erosion
Control, meeting the requirement for the Public Contract Code Section 4104(2)(B)(2) and the
purpose of the law.
Findings for Protest Argument #1: The MSJV bid included six subcontractors in the table of
Exhibit 12-B:
Firm Name Description of Work to be Performed
Acacia Environmental Erosion Control, hydroseed
Fitzgerald Formliners Cobblestone formliners
ACO Polymer Prod. Trench drain
Triumph Geosynthetics Filter fabric
Midstate Barrier, Inc. Guardrail & Crash Cushions
Underground Spec. Signals/Lighting
The instructions for completing this table clearly indicate that both DBE and non-DBE firms
are to be listed in this table. Specifically, the instructions are:
“The bidder shall list all subcontractors (both DBE and non-DBE) in
accordance with Section 2-1.054 of the Standard Specifications and per
Title 49, Section 26.11 of the Code of Federal Regulations. This listing is
required in addition to listing DBE Subcontractors elsewhere in the
proposal.”
Exhibit 12-B should include all subcontractors working for the MSJV contracting firm.
However, according to the completed List of Subcontractors form (p. 27) of the bid book,
MSJV lists ten (10) separate subcontractors:
Firm Name Description of Work to be
Performed
% Total of
Base Bid
KCI Environmental Erosion Control 1.98
Chrisp Co. Striping Pavement Markers 1.05
Silver Oak Construction Concrete 4.98
KRC Safety Co. CAS/Traffic Control 1.7
Harris Rebar Reinforcing Steel 4.9
TIPCO Engineering Drive Steel Piles 2.73
Dywidag Systems International Prestressing CIP Concrete 0.5
Underground Specialties Central Coast Electrical 3.92
Valley Fence Fencing 1.46
Advanced Geosolutions Wick Drains Not stated
Attachment 3 - 8
B1-25
9
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
This list of 10 subcontractors summarizes all subcontractors that have more than 0.5% of the
total base bid. Only one subcontractor matches the list provided in Exhibit 12-B
(Underground Specialties) and there are two different subcontractors listed for Erosion
Control.
Furthermore, MSJV includes 48 separate contractor firms on the detailed bidder’s list of
contractors (DBE and non-DBE) (p. 26). Acacia Environmental is listed on this particular
form for work proposed to be performed as: “Erosion control, hydroseed, fencing”, which
does not match with the description of work in Exhibit 12-B (no fencing).
Finally, MSJV lists 44 separate contractor firms on Part II of Exhibit 12-B. These are all firms
that provided a quote to MSJV, but were not selected to participate as subcontractors on this
project. The instructions for completing this form are:
“The bidder shall list all subcontractors who provided a quote or bid but
were not selected to participate as a subcontractor on this project. This is
required for compliance with Title 49, Section 26, of the Code of Federal
Regulations.”
Considering the numerous discrepancies contained on these lists of subcontractors, it is not
clear which subcontractors are being proposed for this project and what percentages each is
being used for. With this said, however, by referencing the 2006 Caltrans Standard
Specifications on Exhibit 12-B the instructions are outdated and as such are considered
ambiguous. This is not a valid reason to deem a bid nonresponsive. Furthermore, these
irregularities mentioned can be easily remedied if necessary and therefore the MSJV bid is
considered responsive.
2. Protest Argument #2: MSJV made critical errors on bid book p. 27 “List of Subcontractors”.
MSJV listed portions of the subcontracted work in words. Pursuant to Section 2-1.33C
subcontractor list of the bid book 2, page 18, it states the City’s intent of what information is
to be included on the “List of Subcontractors.” The Section reads: “On the Subcontractor
List, you must submit each subcontracted bid item number and corresponding percentage
with your bid. Failure to do so results in a nonresponsive bid.”
Summary response from MSJV: The City has typically identified this column in this manner
and on numerous prior bid documents accepted a written description as adequate for “item
number”. The City’s past bid documents are identical in nature to the Subcontractor List in
the bid documents for this project. The City has historically accepted this manner of
describing the work done by description on the Subcontractor List form.
Findings: It is preferred that the bidder follow the instructions on the form and state the bid
item number. However, it is acceptable to list the word description of the bid item in lieu of
the bid item number. Therefore, this issue does not make the bid nonresponsive.
3. Protest Argument #3: MSJV made an error on bid book p. 27, second page. MSJV did not
list a percentage of the total base bid for Advanced Geosolutions as required by Special
Provision Section 2-1.33C which states the bidder is required to list the subcontracted
percentage. Failure to do so results in a nonresponsive bid.
Attachment 3 - 9
B1-26
10
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
Summary response from MSJV: Advanced Geosolutions quote was less than 0.5%,
therefore no percentage of work was listed nor required.
Findings: The % total of the base bid was erroneously not stated. It is not clear why the firm
Advanced Geosolutions was listed on this form since, according to the quote provided by
MSJV, it had less than 0.5% of the base bid. This issue does not make the bid
nonresponsive.
Disadvantaged- Business Enterprise (DBE) Analysis
The deadline for contractors to submit their DBE packages was 4:00pm on the fourth business day
after award, or by Monday August 18, 2014. DBE packages were received in a timely fashion from
each of the three lowest bidders.
The minimum DBE utilization requirement for this Project was 3.0%. The following table illustrates
the proposed DBE utilizations for each of the three lowest bidders:
Firm Name Total Claimed DBE
Participation (%)
Total Claimed DBE
Participation ($)
Granite Construction 3.2% $535,560
MSJV 3.57% $622,889
CalPortland 3.1% $563,565
Granite – The six (6) DBE firms listed on Exhibit 15-G are all currently listed on the Caltrans website
as active and certified for their respective types of work proposed (see attachment). The
dollar amounts and percentages seem to be reasonable and consistent with the type of
work each subcontractor will be performing. Five of the six firms have dollar amounts under
0.5% of the bid amount, therefore these firms are not (and should not be) listed on Exhibit
12-B. The sixth firm (Dragon) is a 2nd tier DBE supplier, which is why it is not listed on
Exhibit 12-B. Finally, a substantial “good faith effort” appears to have been done in reaching
out to the DBE community in search of DBE firms to subcontract to. Multiple publications
were printed (both online and in the California Bid Register Daily paper) and a considerable
number of phone calls were made to DBE firms with the intention of obtaining bids.
MSJV - The three (3) DBE firms listed on Exhibit 15-G are all currently listed on the Caltrans website
as active and certified for their respective types of work proposed. The dollar amounts and
percentages seem to be reasonable and consistent with the type of work each
subcontractor will be performing. The first firm listed on p. 1 of 3, Rupert Construction
Supply, was tasked with providing 9 separate bid items totaling $320,987. Although MSJV
claims on Exhibit 15-H, Item A, to have published an advertisement, no evidence was found
in the DBE package to back up this claim. As stated in the instructions for completing this
form, copies of the advertisements or proofs of the publication are required. It appears that
an online company, BlueBook.com, was hired to send out email invitations to a number of
different subcontractors. This is sufficient for the solicitation requirement of the good faith
effort, but does not count for the publishing effort as stated in MSJV’s submittal. Phone calls
were made to eleven (11) different subcontractors, three of which are used and appear to
be included in the DBE package (Rupert, Triumph, and KRC Safety). It appears that MSJV
has made a “good faith effort” in reaching out to the DBE community in search of DBE firms
to subcontract to.
Attachment 3 - 10
B1-27
11
SOUTHSTAR
Engineering and Consulting Inc.
1700 Iowa Ave, Suite 250
Riverside, CA 92507
(951) 342-3120
www.SouthStarEng.com
CalPortland – The two (2) DBE firms listed on Exhibit 15-G are both currently listed on the Caltrans
website as active and certified for their respective types of work proposed. The dollar
amounts and percentages seem to be reasonable and consistent with the type of work each
subcontractor will be performing. The first firm, KRC Safety, was tasked with providing 12
separate bid items totaling $142,365. As with Granite, CalPortland used Dragon Material
Transport as a 2nd tier DBE supplier, which is why it is not listed on Exhibit 12-B. It appears
that CalPortland has made a “good faith effort” in reaching out to the DBE community in
search of DBE firms to subcontract to. A publication was printed in the Compliance News
Daily Focus Journal on July 17, 2014. Invitations to bid were sent via fax to 35 firms on July
17, 2014. In addition, 14 emails were sent to DBE firms on August 1, 2014 soliciting bids.
Recommendation
In conclusion, based on the above analysis, Southstar Engineering and Consulting, Inc.
recommends the award of the Contract to the lowest responsive and responsible bidder, Granite
Construction Company Inc. for $16,572,129.81. If Granite is unable to enter into a Contract with the
City of San Luis Obispo, then the project should be awarded to the next lowest responsive and
responsible bidder, Madonna/Souza Joint Venture Partnership for $17,461,924.75.
This report and the attached documents are provided for your records and reference. If you need
additional information, please do not hesitate to contact me directly at (909) 556-8852.
Sincerely,
Jason Bennecke, PE, MBA, PMP
Project Manager
Southstar Engineering & Consulting, Inc.
Attachment 3 - 11
B1-28
Bid Analysis
Tabulation, Math Error Check, Bid Balance, and Final Ranking
Attachment 3 - 12
B1-29
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Attachment 3 - 13 B1-30
US
1
0
1
/
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16
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.
9
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$
Total Bid19,329,139.16$ Total Bid22,207,576.11$
Su
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d
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m
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n
t
:
$
1
7
,
45
8
,
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2
4
.
7
5
Submitted Amount:$22,218,515.77 **$4353.30 in math errors on four bid items
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6.
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%
Percent Variance from Engineer's Estimate13.90%Percent Variance from Engineer's Estimate30.86%
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1,
1
6
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1
1
$
Dollar Variance from Engineer's Estimate2,358,762.28$ Dollar Variance from Engineer's Estimate5,237,199.23$
P
e
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9.
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%
Percent Variance from Low Bid 16.64% Percent Variance from Low Bid 34.01%
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$
Dollar Variance from Low Bid2,757,009.32$ Dollar Variance from Low Bid5,635,446.27$
=
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Attachment 3 - 14 B1-31
Responsiveness Matrix
For Apparent Low Bidders:
Granite
Madonna/Souza JV Partnership
CalPortland
Attachment 3 - 15
B1-32
1 - GRANITE CONSTRUCTION
COMPANY
2 - MADONNA/SOUZA JV
PARTNERSHIP 3 - CALPORTLAND
1 Bidder's Proposal w/ Signature (p. 35)Yes Yes, but with math errors.Yes
2 Addenda 1-4 Acknowledgment (p. 35)Yes Yes Yes
3
Bidder's Bond at 10% of the base bid
(cashier's check, p. 36)Yes Yes Yes
4 Contractor's Classification/License (p. 21)Yes Yes Yes
5 Bidder Acknowledgements (p. 21)Yes Yes Yes
6 Qualifications (p. 22)Yes Yes Yes
7 EEO Certification (p. 23)Yes Yes Yes
8 Exhibit 12-B - Bidders List of
Subcontractors (DBE and non-DBE)Yes Submitted, but with
errors.Yes
9 City Bidders List of Subcontractors (p. 26)Yes Yes Yes
10
List of Subcontractors (For determining
30% minimum prime work, p. 27)Yes Yes Yes
11
Public Contract Code Statement and
Questionnaire (p. 28-29)Yes Yes Yes
12 Debarment Certification (p. 31)Yes Yes Yes
13 Non-Collusion Affidavit (included)Yes Yes Yes
14
Exhibits 15-G, 15-H, 17-O, 17-F (DBE &
Good Faith forms)Yes Yes, but with errors.Yes
Three Low BiddersResponsiveness Evaluation
Items
US 101 / LOS OSOS VALLEY ROAD INTERCHANGE RECONSTRUCTION PROJECT
Q101(258) - 1 - (EA 05-0H7304) - CITY SPEC NO. 99821
Bid Responsiveness Checklist
Tuesday, August 12, 2014
Attachment 3 - 16
B1-33
Bid Protest Denial Letter to JMC-Souza
September 2, 2014
Attachment 4 - 1
B1-34
Attachment 4 - 2
B1-35
Attachment 4 - 3
B1-36
Follow Up Letter From Attorney Weaver
August 26, 2014
Attachment 4 - 4
B1-37
Attachment 4 - 5
B1-38
Attachment 4 - 6
B1-39
Attachment 4 - 7
B1-40
Attachment 4 - 8
B1-41
Response from Granite to Bid Protest
August 20, 2014
Attachment 4 - 9
B1-42
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2
Notification Letter to Granite
August 19, 2014
Attachment 4 - 20
B1-53
August 19, 2014
Granite Construction Company Fax: (805) 967-1431
Attn: Mr. Bruce McGowan Email:brian.larinan@gcinc.com
VP Central California Region
PO Box 6744
Santa Barbara CA 93160
Subject: US 101 / LOVR Project, Specification No. 99821 – Bid Protest
Dear Mr. Larinan,
On August 12, 2014, bids were opened for the above referenced project. Granite
Construction Company (Granite) is the apparent low bidder. Please be advised that a bid
protest against Granite was received from the Madonna/Souza Joint Venture Partnership,
the 2nd low bidder. The bid protest is provided as an attachment to this letter.
Please review the attached letter and provide a written response no later than 3:00 p.m.,
Friday, August 22, 2014. Deliver your response to:
Public Works Department
Attn: Jason Bennecke
919 Palm Street
San Luis Obispo, CA 93401
The response can also be emailed to me at: jbennecke@slocity.org. This information will be
used in compliance with the Notice to Bidders.
If you have any questions regarding this matter, please contact me at (909) 556-8852.
Sincerely,
Jason Bennecke, PE, MBA, PMP
Project Manager
Attachment – Madonna/Souza JV Bid Protest, August 19, 2014
Attachment 4 - 21
B1-54
Bid Protest from Madonna/Souza Joint Venture
August 19, 2014
Attachment 4 - 22
B1-55
Attachment 4 - 23
B1-56
Attachment 4 - 24
B1-57
Attachment 4 - 25
B1-58
Attachment 4 - 26
B1-59
City of San Luis Obispo
06/28/2014 8
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the Contract
(49 CFR 26).
2-1.12B Disadvantaged Business Enterprise Goal
2-1.12B(1) General
Section 2-1.12B applies if a DBE goal is shown on the Notice to Bidders.
To ensure equal participation of DBEs provided in 49 CFR 26.5, the Department shows a goal for DBEs.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and
suppliers.
Meet the DBE goal shown on the Notice to Bidders or demonstrate that you made adequate good faith
efforts to meet this goal.
You are responsible to verify that the at the bid opening date the DBE firm is certified as DBE by the CA
Unified Certification Program.
All DBE participation will count toward the Department's federally-mandated statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts toward the goal in the following manner:
1. 100 percent if the materials or supplies are obtained from a DBE manufacturer.
2. 60 percent if the materials or supplies are obtained from a DBE regular dealer.
3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or
supplies, if they are obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
You receive credit toward the goal if you employ a DBE trucking company that performs a commercially
useful function as defined in 49 CFR 26.55(d)(1)–(4), (6).
2-1.12B(2) DBE Commitment Submittal
Submit DBE information under section 2-1.33.
Bidders other than the apparent low bidder, the 2nd low bidder, and the 3rd low bidder are not required to
submit the DBE commitment form unless the Department requests it. If the Department requests a DBE
commitment form from you, submit the completed form within 4 business days of the request.
Submit written confirmation from each DBE shown on the form stating that it will be participating in the
Contract. Include confirmation with the DBE commitment form. A copy of a DBE's quote will serve as
written confirmation that the DBE will be participating in the Contract.
2-1.12B(3) Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the Good Faith Efforts Documentation under
section 2-1.33 showing that you made adequate good faith efforts to meet the goal. Only good faith
efforts directed toward obtaining participation by DBEs are considered.
If your DBE commitment form shows that you have met the DBE goal or if you are required to submit the
DBE commitment form, you must submit good faith efforts documentation within the specified time to
protect your eligibility for award of the contract in the event the Department finds that the DBE goal has
not been met.
The Department may consider DBE commitments of the 2nd and 3rd bidders in determining whether the
low bidder made good faith efforts to meet the DBE goal.
2-1.13–2-1.14 RESERVED
2-1.15 DISABLED VETERAN BUSINESS ENTERPRISES
2-1.15A General
Section 2-1.15 applies to a non-federal-aid contract.
Take necessary and reasonable steps to ensure that DVBEs have opportunity to participate in the
Contract.
2-1.12B Disadvantaged Business Enterprise Goal
2-1.12B(1) General
Section 2-1.12B applies if a DBE goal is shown on the Notice to Bidders.
To ensure equal participation of DBEs provided in 49 CFR 26.5, the Department shows a goal for DBEs.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and
suppliers.
Meet the DBE goal shown on the Notice to Bidders or demonstrate that you made adequate good faith g
efforts to meet this goal.
You are responsible to verify that the at the bid opening date the DBE firm is certified as DBE by the CA py
Unified Certification Program.
All DBE participation will count toward the Department's federally-mandated statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts toward the goal in the following manner:
1. 100 percent if the materials or supplies are obtained from a DBE manufacturer.ppp
2. 60 percent if the materials or supplies are obtained from a DBE regular dealer.pppg
3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or y,,g py
supplies, if they are obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFRppy
26.55 defines "manufacturer" and "regular dealer."
You receive credit toward the goal if you employ a DBE trucking company that performs a commerciallygypy
useful function as defined in 49 CFR 26.55(d)(1)–(4), (6).
Attachment 5 - 1
B1-60
SECTION 5 CONTROL OF WORK
If you assign the right to receive Contract payments, the Department accepts the assignment upon the
Engineer's receipt of a notice. Assigned payments remain subject to deductions and withholds described
in the Contract. The Department may use withheld payments for work completion whether payments are
assigned or not.
5-1.13 SUBCONTRACTING
5-1.13A General
No subcontract releases you from the Contract or relieves you of your responsibility for a subcontractor's
work.
Before subcontracted work starts, submit a Subcontracting Request form.
Do not use a debarred contractor. For a list of debarred contractors, go to the Department of Industrial
Relations' Web site.
If you violate Pub Cont Code § 4100 et seq., the Department may exercise the remedies provided under
Pub Cont Code § 4110. The Department may refer the violation to the Contractors State License Board
as provided under Pub Cont Code § 4111.
Except for a building-construction non-federal-aid contract, perform work equaling at least 30 percent of
the value of the original total bid with your employees and with equipment you own or rent, with or without
operators.
Each subcontract must comply with the Contract.
The Department encourages you to include a dispute resolution process in each subcontract.
Each subcontractor must have an active and valid State contractor's license with a classification
appropriate for the work to be performed (Bus & Prof Code § 7000 et seq.).
Submit copies of subcontracts upon request.
Upon request, immediately remove and do not again use a subcontractor who fails to prosecute the work
satisfactorily.
5-1.13B Disadvantaged Business Enterprises
5-1.13B(1) General
Section 5-1.13B applies to a federal-aid contract.
Use each DBE subcontractor as listed on the Subcontractor List form and the Caltrans Bidder - DBE
Information form unless you receive authorization for a substitution.
Notify the Engineer of any changes to your anticipated DBE participation. Submit this notification before
starting the affected work.
Maintain records including:
1. Name and business address of each 1st-tier subcontractor
2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company,
regardless of tier
3. Date of payment and total amount paid to each business
If you are a DBE contractor, include the date of work performed by your own forces and the
corresponding value of the work.
Before the 15th day of each month, submit a Monthly DBE Trucking Verification form.
If a DBE subcontractor is decertified before completing subcontracted work, the subcontractor must notify
you in writing of the decertification date. If a subcontractor becomes a certified DBE before completing
subcontracted work, the subcontractor must notify you in writing of the certification date. Submit the
notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification
Status Change form. Submit the form within 90 days of Contract acceptance.
36
5-1.13B Disadvantaged Business Enterprises
5-1.13B(1) General
Section 5-1.13B applies to a federal-aid contract.
Use each DBE subcontractor as listed on the Subcontractor List form and thet Caltrans Bidder - DBE
Information form unless you receive authorization for a substitution.
Notify the Engineer of any changes to your anticipated DBE participation. Submit this notification beforeygy
starting the affected work.
Maintain records including:
1.Name and business address of each 1st-tier subcontractor
2.Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company,
regardless of tier g
3.Date of payment and total amount paid to each business
If you are a DBE contractor, include the date of work performed by your own forces and the fy
corresponding value of the work.
Before the 15th day of each month, submit a Monthly DBE Trucking Verification form.
If a DBE subcontractor is decertified before completing subcontracted work, the subcontractor must notifypg,
you in writing of the decertification date. If a subcontractor becomes a certified DBE before completing yg p
subcontracted work, the subcontractor must notify you in writing of the certification date. Submit the yyg
notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certificationp,p g
Status Change form. Submit the form within 90 days of Contract acceptance.
Attachment 5 - 2
B1-61
SECTION 5 CONTROL OF WORK
Upon work completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises
(DBE), First-Tier Subcontractors form. Submit it within 90 days of Contract acceptance. The Department
withholds $10,000 until the form is submitted. The Department releases the withhold upon submission of
the completed form.
5-1.13B(2) Underutilized Disadvantaged Business Enterprises
Section 5-1.13(B)(2) applies if a UDBE goal is shown on the Notice to Bidders.
UDBEs must perform work or supply materials as listed in the Caltrans Bidder - UDBE - Commitment
form.
Do not terminate a UDBE listed subcontractor for convenience and perform the work with your own forces
or obtain materials from other sources without written authorization from the Department.
The Department authorizes a request to use other forces or sources of materials if it shows any of the
following justifications:
1. Listed UDBE fails or refuses to execute a written contract based on the plans and specifications for
the project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed UDBE fails to
meet your bond requirements.
3. Work requires a contractors license and the listed UDBE does not have a valid license under
Contractors License Law.
4. Listed UDBE fails or refuses to perform the work or furnish the listed materials.
5. Listed UDBE's work is unsatisfactory and not in compliance with the Contract.
6. Listed UDBE delays or disrupts the progress of the work.
7. Listed UDBE becomes bankrupt or insolvent.
If a listed UDBE is terminated, you must make good faith efforts to find another UDBE to substitute for the
original UDBE. The substitute UDBE must perform at least the same amount of work as the original
UDBE under the Contract to the extent needed to meet the UDBE goal.
The substitute UDBE must be certified as a DBE at the time of request for substitution.
Unless the Department authorizes (1) a request to use other forces or sources of materials or (2) a good
faith effort for a substitution of a terminated UDBE, the Department does not pay for work listed on the
Caltrans Bidder - UDBE - Commitment form unless it is performed or supplied by the listed UDBE or an
authorized substitute.
5-1.13C Disabled Veteran Business Enterprises
Section 5-1.13C applies to a non-federal-aid contract.
Use each DVBE as shown on the Certified DVBE Summary form unless you receive authorization for a
substitution.
The requirement that DVBEs be certified by the bid opening date does not apply to DVBE substitutions
after Contract award.
Maintain records of subcontracts made with DVBEs. Include in the records:
1. Name and business address of each business
2. Total amount paid to each business
For the purpose of determining compliance with Pub Cont Code § 10115 et seq.:
1. Upon Contract completion, complete and submit Final Report - Utilization of Disabled Veteran
Business Enterprises (DVBE) State Funded Projects Only form.
2. Upon reasonable notice and during normal business hours, permit access to its premises for the
purposes of:
2.1. Interviewing employees.
2.2. Inspecting and copying books, records, accounts and other material that may be relevant to a
matter under investigation.
37
Upon work completion, complete a Final Report – Utilization of Disadvantaged Busineiiss Enterprises ppp p g p
(DBE), First-Tier Subcontractors form. Submit it within 90 days of Contract acceptance. The Department (),y pp
withholds $10,000 until the form is submitted. The Department releases the withhold upon submission of
the completed form.
Attachment 5 - 3
B1-62
Attachment 6 - 1
B1-63
Attachment 6 - 2
B1-64
Resolution Denying the Madonna-Souza Appeal
To be distributed under separate action when available.
B1-65
Bid Protest Denial Letter to CalPortland
September 2, 2014
Attachment 8 - 1
B1-66
Attachment 8 - 2
B1-67
Attachment 8 - 3
B1-68
Attachment 8 - 4
B1-69
Response from Madonna/Souza JV to Bid Protest
August 21, 2014
Attachment 8 - 5
B1-70
Attachment 8 - 6
B1-71
Attachment 8 - 7
B1-72
Attachment 8 - 8
B1-73
Attachment 8 - 9
B1-74
Attachment 8 - 10
B1-75
Attachment 8 - 11
B1-76
Attachment 8 - 12
B1-77
Attachment 8 - 13
B1-78
Attachment 8 - 14
B1-79
Attachment 8 - 15
B1-80
Attachment 8 - 16
B1-81
Attachment 8 - 17
B1
-
8
2
Attachment 8 - 18
B1
-
8
3
Attachment 8 - 19
B1
-
8
4
Attachment 8 - 20
B1-85
Attachment 8 - 21
B1-86
Attachment 8 - 22
B1-87
Attachment 8 - 23
B1-88
Attachment 8 - 24
B1-89
Attachment 8 - 25
B1-90
Notification Letter to Madonna/Souza JV
August 20, 2014
Attachment 8 - 26
B1-91
August 20, 2014
Madonna/Souza Joint Venture Fax: (805) 543-7754
Attn: Mr. John Madonna Email: John@jmadonna.com
Joint Venturer
PO Box 5310
San Luis Obispo CA 93403
Subject: US 101 / LOVR Project, Specification No. 99821 – Bid Protest
Dear Mr. Madonna,
On August 12, 2014, bids were opened for the above referenced project. Granite
Construction Company (Granite) is the apparent low bidder. Madonna/Souza Joint Venture
(MSJV) is the apparent 2nd low bidder. Please be advised that a bid protest against MSJV
was received from CalPortland, the apparent 3rd low bidder. The bid protest is provided as
an attachment to this letter.
Please review the attached letter and provide a written response no later than 3:00 p.m.,
Friday, August 22, 2014. Deliver your response to:
Public Works Department
Attn: Jason Bennecke
919 Palm Street
San Luis Obispo, CA 93401
The response can also be emailed to me at: jbennecke@slocity.org. This information will be
used in compliance with the Notice to Bidders.
If you have any questions regarding this matter, please contact me at (909) 556-8852.
Sincerely,
Jason Bennecke, PE, MBA, PMP
Project Manager
Attachment – CalPortland Protest, August 19, 2014
Attachment 8 - 27
B1-92
Bid Protest from CalPortland
August 19, 2014
Attachment 8 - 28
B1-93
Attachment 8 - 29
B1-94
Attachment 8 - 30
B1-95
City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org
CONSTRUCTION CONTRACT CHANGE ORDERS FOR THE LOS OSOS
VALLEY ROAD INTERCHANGE IMPROVEMENTS PROJECT
Financial Management Manual - Section 225 - Revised for Referenced Project
CONSTRUCTION CONTRACT CHANGE ORDERS
OVERVIEW
When the City awards a construction contract, the need for contract change orders (CCO’s) is not
unusual. CCO’s are required whenever the scope of work changes from that in the original contract
or an unknown condition of the site requires a change in the scope of work. Usually a contingency
amount is established when the project budget is finalized upon contract award to accommodate
limited CCO’s. The purpose of this policy is to establish limits of authority for approving
construction project CCO’s.
GOALS
1. Ensure appropriate authority and accountability in the approval of change orders.
2. Minimize the time needed to approve a CCO in order to avoid project delays.
3. Establish a system under which the organizational level at which approval is given is
commensurate with the size of CCO and size of project.
4. Eliminate the potential for approval of a CCO when contingency funds are insufficient.
POLICIES
Conditions for Approval of CCO's by Staff
1. Sufficient contingency funds are budgeted and available in order for the Public Works Director or
City Manager (approved designees) City Engineer to approve a CCO.
2. The nature of work in the CCO is not significantly different from that in the contract.
3. Authorization limits are based on an individual CCO amount, not the or aggregate amount of all
CCO’s where noted.
4. Authorization limits apply to CCO’s for increases in contract amounts only.
5. When the aggregate amount of CCO’s reaches 75% of the contingency, the awarding authority
City Manager and Finance Director shall be informed of the status of the project and the
sufficiency of funding to complete the project.
6. Work will not be broken up into multiple CCO’s in order to circumvent this policy.
B1-96
7. All CCO's must be in writing and approved by the appropriate contract parties consistent with the
authorized limits established in this policy.
8. A copy of each approved CCO will be transmitted promptly to the Finance Division.
9. The City Manager may grant approval of CCO's in excess of $100,000 under the following
circumstances (all three factors must be present):
a. Immediate approval of the CCO is necessary to avoid delay.
b. The CCO is an integral and mandatory component of the project.
c. The costs associated with delay of the project would be excessive.
The Project Manager City Engineer is responsible for carrying out this policy.
10. The City Manager is also authorized to approve CCO’s in excess of $100,000 related to Job
Order Contract Task Orders.
Authorization Limits
1. Public Works Director/Approved Designee Project Manager - Not to exceed $25,000
2. City Manager -Not to exceed $100,000 Engineer - None on individual CCO’s, with cumulative
approved CCO total, limited to approved project budget
3. City Council - Greater than contract or $100,000* approved project budget
* See circumstances above where the City Manager may approve CCO’s in excess of $100,000.
Originally Approved by the Council on August 3, 1993; Revised by the Council on April 15, 2003
Approved by the Council on September 16, 2014 for the Los Osos Valley Road Interchange
Improvements Project, Specification 99821, Exclusively.
B1-97
CITY OF SAN LUIS OBISPO
CALIFORNIA
FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 2014, by and between the City of San
Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter
called the Owner) and Granite Construction Inc. (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed,
shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility
and transportation services required to complete all the work of construction of
LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS PROJECT
Contract No. 05-0H7304
Federal Aid Project No. Q101(258)-1
Specification No. 99821
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by
the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work
performed and completed under the direction and supervision and subject to the approval of the Owner or
its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in the Contract
Documents, the contract prices as follows:
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price Item Total
1 LEAD COMPLIANCE PLAN LS 1 $2,000.00 $2,000.00
2 PROGRESS SCHEDULE (CRITICAL PATH METHOD) LS 1 $5,000.00 $5,000.00
3 TIME RELATED OVERHEAD WDAY 350 $5,000.00 $1,750,000.00
4 CONSTRUCTION AREA SIGNS LS 1 $30,000.00 $30,000.00
5 TRAFFIC CONTROL SYSTEM LS 1 $150,000.00 $150,000.00
6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 3861 $4.00 $15,444.00
7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 52378 $0.65 $34,045.70
8 CHANNELIZER (SURFACE MOUNTED) EA 315 $45.00 $14,175.00
9 TEMPORARY PAVEMENT MARKER EA 2417 $4.00 $9,668.00
10 PORTABLE CHANGEABLE MESSAGE SIGN EA 6 $5,000.00 $30,000.00
11 TEMPORARY RAILING (TYPE K) LF 17580 $11.00 $193,380.00
Attachment 10 - 1
B1-98
12 TEMPORARY CRASH CUSHION MODULE EA 109 $160.00 $17,440.00
13 TEMPORARY ALTERNATIVE CRASH CUSHION EA 21 $3,500.00 $73,500.00
14 JOB SITE MANAGEMENT LS 1 $15,000.00 $15,000.00
15 PREPARE STORM WATER POLLUTION
PREVENTION PLAN
LS 1 $1,500.00 $1,500.00
16 RAIN EVENT ACTION PLAN EA 70 $500.00 $35,000.00
17 STORM WATER SAMPLING AND ANALYSIS DAY EA 33 $50.00 $1,650.00
18 STORM WATER ANNUAL REPORT EA 2 $2,000.00 $4,000.00
19 TEMPORARY CREEK DIVERSION SYSTEM EA 2 $55,000.00 $110,000.00
20 TEMPORARY CREEK CROSSING EA 1 $5,000.00 $5,000.00
21 MOVE-IN/MOVE-OUT (TEMPORARY EROSION
CONTROL)
EA 47 $20.00 $940.00
22 TEMPORARY HYDRAULIC MULCH (BONDED
FIBER MATRIX)
SQYD 92902 $0.62 $57,599.24
23 STOCKPILE MANAGEMENT PLAN LS 1 $500.00 $500.00
24 TEMPORARY CHECK DAM LF 647 $4.00 $2,588.00
25 TEMPORARY DRAINAGE INLET PROTECTION EA 17 $90.00 $1,530.00
26 TEMPORARY FIBER ROLL LF 15050 $4.00 $60,200.00
27 TEMPORARY LARGE SEDIMENT BARRIER LF 3934 $18.00 $70,812.00
28 TEMPORARY CONSTRUCTION ENTRANCE EA 3 $3,500.00 $10,500.00
29 STREET SWEEPING LS 1 $45,000.00 $45,000.00
30 TEMPORARY CONCRETE WASHOUT LS 1 $7,500.00 $7,500.00
31 TEMPORARY FENCE (TYPE ESA) LF 4246 $4.50 $19,107.00
32 ABANDON CULVERT LF 198 $45.00 $8,910.00
33 OBLITERATE SURFACING SQYD 1314 $10.00 $13,140.00
34 REMOVE FENCE LF 3954 $5.00 $19,770.00
35 REMOVE GATE EA 1 $500.00 $500.00
36 REMOVE METAL BEAM GUARD RAILING LF 1364 $8.00 $10,912.00
37 REMOVE THRIE BEAM BARRIER LF 325 $8.00 $2,600.00
38 REMOVE TUBULAR HAND RAILING LF 347 $4.00 $1,388.00
39 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 24475 $0.30 $7,342.50
40 REMOVE THERMOPLASTIC PAVEMENT
MARKING
SQFT 961 $2.00 $1,922.00
41 REMOVE PAVEMENT MARKER EA 1870 $1.00 $1,870.00
42 REMOVE ROADSIDE SIGN EA 17 $85.00 $1,445.00
43 REMOVE PIPE (18") LF 89 $35.00 $3,115.00
44 REMOVE PIPE (54") LF 315 $150.00 $47,250.00
45 REMOVE PIPE (24") LF 10 $15.00 $150.00
46 REMOVE PIPE (30") LF 17 $15.00 $255.00
47 REMOVE DOWNDRAIN EA 2 $300.00 $600.00
48 REMOVE INLET EA 6 $500.00 $3,000.00
49 REMOVE HEADWALL EA 2 $550.00 $1,100.00
50 REMOVE MONITORING STATION EA 1 $300.00 $300.00
51 REMOVE ASPHALT CONCRETE SURFACING SQFT 12749 $1.00 $12,749.00
Attachment 10 - 2
B1-99
52 RESET ROADSIDE SIGN EA 17 $150.00 $2,550.00
53 RELOCATE ROADSIDE SIGN EA 50 $175.00 $8,750.00
54 ADJUST WATER VALVE COVER TO GRADE EA 6 $650.00 $3,900.00
55 ADJUST INLET EA 1 $3,500.00 $3,500.00
56 ADJUST FRAME AND COVER TO GRADE EA 6 $500.00 $3,000.00
57 ADJUST MANHOLE TO GRADE EA 6 $2,000.00 $12,000.00
58 ADJUST UTILITY COVER TO GRADE EA 2 $500.00 $1,000.00
59 PRESSURE WASH EXISTING BARRIER SF 878 $2.00 $1,756.00
60 COLD PLANE ASPHALT CONCRETE PAVEMENT SQYD 36668 $2.20 $80,669.60
61 REMOVE CONCRETE (DRIVEWAY) LF 105 $20.00 $2,100.00
62 REMOVE CONCRETE (CURB AND GUTTER) LF 75 $6.00 $450.00
63 REMOVE CONCRETE (CHANNEL) LF 46 $10.00 $460.00
64 REMOVE CONCRETE(CURB, GUTTER, AND
SIDEWALK)
LF 1261 $7.50 $9,457.50
65 CULVERT SLURRY-CEMENT BACKFILL CY 197 $175.00 $34,475.00
66 BRIDGE REMOVAL (PORTION) - LOCATION A LS 1 $50,000.00 $50,000.00
67 BRIDGE REMOVAL (PORTION) - LOCATION B LS 1 $50,000.00 $50,000.00
68 CLEARING AND GRUBBING LS 1 $125,000.00 $125,000.00
69 DEVELOP WATER SUPPLY LS 1 $15,000.00 $15,000.00
70 ROADWAY EXCAVATION CY 14234 $45.00 $640,530.00
71 DUST CONTROL PLAN LS 1 $500.00 $500.00
72 CHANNEL EXCAVATION CY 2199 $29.00 $63,771.00
72A SHOULDER BACKING CY 23 $200.00 $4,600.00
73 STRUCTURE EXCAVATION (BRIDGE) CY 650 $120.00 $78,000.00
74 STRUCTURE EXCAVATION (TYPE D) CY 1894 $35.00 $66,290.00
75 STRUCTURE EXCAVATION (RETAINING WALL) CY 1475 $30.00 $44,250.00
76 STRUCTURE BACKFILL (BRIDGE) CY 1663 $70.00 $116,410.00
77 STRUCTURE BACKFILL (SLURRY CEMENT) CY 168 $300.00 $50,400.00
78 STRUCTURE BACKFILL (RETAINING WALL) CY 3068 $55.00 $168,740.00
79 PERVIOUS BACKFILL MATERIAL CY 553 $20.00 $11,060.00
79A CRUSHED ROCK BACKFILL MATERIAL CY 143 $60.00 $8,580.00
80 CELLULAR CONCRETE LIGHTWEIGHT
EMBANKMENT MATERIAL (CLASS III)
CY 808 $90.00 $72,720.00
81 IMPORTED BORROW CY 37948 $8.00 $303,584.00
82 EARTHWORK INSTRUMENTATION LS 1 $20,000.00 $20,000.00
83 PRUNE TREE EA 2 $500.00 $1,000.00
84 WILLOW CUTTINGS EA 66 $30.00 $1,980.00
85 MODIFY IRRIGATION SYSTEM LS 1 $20,000.00 $20,000.00
86 ROLLED EROSION CONTROL PRODUCT (NETTING
TYPE B)
SQFT 25220 $0.70 $17,654.00
87 HYDROSEED SQFT 278706 $0.06 $16,722.36
88 COMPOST CY 1758 $40.00 $70,320.00
89 COMPOST BERM LF 6489 $4.00 $25,956.00
Attachment 10 - 3
B1-100
90 INCORPORATE MATERIAL SQFT 80108 $0.03 $2,403.24
91 CLASS 2 AGGREGATE BASE CY 19135 $40.00 $765,400.00
92 PREPAVING INERTIAL PROFILER LS 1 $3,000.00 $3,000.00
93 HOT MIX ASPHALT (TYPE A) TON 13020 $90.00 $1,171,800.00
94 RUBBERIZED HOT MIX ASPHALT (GAP GRADED) TON 8051 $112.00 $901,712.00
95 SUBGRADE ENHANCEMENT GEOTEXTILE, CLASS
A1
SQYD 1715 $3.00 $5,145.00
96 SHOULDER RUMBLE STRIP (HMA, GROUND-IN
INDENTATIONS)
STA 96 $60.00 $5,760.00
97 PLACE HOT MIX ASPHALT DIKE (TYPE C) LF 100 $7.00 $700.00
98 PLACE HOT MIX ASPHALT DIKE (TYPE E) LF 637 $10.00 $6,370.00
99 CONTINUOUSLY REINFORCED CONCRETE
PAVEMENT
CY 305 $460.00 $140,300.00
100 JOINTED PLAIN CONCRETE PAVEMENT CY 151 $500.00 $75,500.00
101 FURNISH STEEL PILING (HP 10 X 42) LF 1296 $45.00 $58,320.00
102 DRIVE STEEL PILE (HP 10 X 42) EA 59 $1,600.00 $94,400.00
103 FURNISH STEEL PILING (HP 10 X 57) LF 1122 $50.00 $56,100.00
104 DRIVE STEEL PILE (HP 10 X 57) EA 23 $1,600.00 $36,800.00
105 FURNISH STEEL PILING (HP 12 X 53) LF 10274 $25.00 $256,850.00
106 DRIVE STEEL PILE (HP 12 X 53) EA 256 $950.00 $243,200.00
107 FURNISH STEEL PILING (HP 12 X 74) LF 2044 $55.00 $112,420.00
108 DRIVE STEEL PILE (HP 12 X 74) EA 44 $1,600.00 $70,400.00
109 FURNISH STEEL PILING (HP 14 X 89) LF 615 $55.00 $33,825.00
110 DRIVE STEEL PILE (HP 14 X 89) EA 16 $1,600.00 $25,600.00
111 PRESTRESSING CAST IN PLACE CONCRETE LS 1 $75,000.00 $75,000.00
112 STRUCTURAL CONCRETE CY 16 $800.00 $12,800.00
113 STRUCTURAL CONCRETE, BRIDGE FOOTING CY 237.3 $450.00 $106,785.00
114 STRUCTURAL CONCRETE, BRIDGE CY 1279 $800.00 $1,023,200.00
115 STRUCTURAL CONCRETE, RETAINING WALL CY 1091 $500.00 $545,500.00
116 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE
N)
CY 95 $575.00 $54,625.00
117 STRUCTURE CONCRETE (THRUST BLOCK) CY 416 $200.00 $83,200.00
118 STRUCTURAL CONCRETE, PILASTER CY 80 $1,500.00 $120,000.00
119 MINOR CONCRETE (MINOR STRUCTURE) CY 73 $2,100.00 $153,300.00
120 MINOR CONCRETE (BACKFILL) CY 3 $200.00 $600.00
121 FRACTURED RIB TEXTURE SF 6365 $9.00 $57,285.00
122 ARCHITECTURAL TREATMENT(RIVER ROCK
PATTERN)
SF 1284 $6.00 $7,704.00
122A DRILL AND BOND DOWEL LF 195 $20.00 $3,900.00
123 DRILL AND BOND DOWEL (CHEMICAL ADHESIVE) EA 207 $20.00 $4,140.00
124 JOINT SEAL ASSEMBLY (MR=2 1/2") LF 81 $275.00 $22,275.00
125 BAR REINFORCING STEEL LB 6720 $1.00 $6,720.00
126 BAR REINFORCING STEEL (BRIDGE) LB 433014 $1.20 $519,616.80
127 BAR REINFORCING STEEL (RETAINING WALL) LB 203579 $1.30 $264,652.70
128 FURNISH SINGLE SHEET ALUMINUM SIGN
(0.063"-UNFRAMED)
SQFT 110 $21.00 $2,310.00
Attachment 10 - 4
B1-101
128A FURNISH SINGLE SHEET ALUMINUM SIGN
(0.063" UNFRAMED)
SQFT 71 $16.00 $1,136.00
129 FURNISH SINGLE SHEET ALUMINUM SIGN
(0.080"-UNFRAMED)
SQFT 19 $17.00 $323.00
130 ROADSIDE SIGN - ONE POST EA 10 $250.00 $2,500.00
131 ROADSIDE SIGN - TWO POST EA 4 $550.00 $2,200.00
132 INSTALL SIGN (STRAP AND SADDLE BRACKET
METHOD)
EA 8 $100.00 $800.00
133 RESIDENT ENGINEERS OFFICE LS 1 $50,000.00 $50,000.00
134 18" PLASTIC PIPE LF 21 $100.00 $2,100.00
135 24" PLASTIC PIPE LF 2216 $80.00 $177,280.00
136 18" REINFORCED CONCRETE PIPE LF 35 $120.00 $4,200.00
137 36" REINFORCED CONCRETE PIPE LF 3 $500.00 $1,500.00
138 54" REINFORCED CONCRETE PIPE LF 286 $375.00 $107,250.00
139 36'X21'5" STRUCTURAL STEEL PLATE ARCH
(0.249" THICK)
LF 148 $1,600.00 $236,800.00
140 IMPERMEABLE PLASTIC SHEETING SF 2279 $0.20 $455.80
141 CLASS 3 PERMEABLE MATERIAL CY 68 $75.00 $5,100.00
142 DRAINAGE WICK LF 24800 $2.60 $64,480.00
143 DRAINAGE INLET MARKER (STAINLESS STEEL) EA 20 $65.00 $1,300.00
144 GRATED LINE DRAIN LF 222 $80.00 $17,760.00
145 54" CONCRETE FLARED END SECTION EA 1 $4,000.00 $4,000.00
146 24" PLASTIC FLARED END SECTION EA 4 $500.00 $2,000.00
147 18" CONCRETE FLARED END SECTION EA 1 $900.00 $900.00
148 FILTER INSERT EA 1 $500.00 $500.00
149 UNDERSIDEWALK DRAIN EA 14 $1,600.00 $22,400.00
150 ROCK SLOPE PROTECTION (2T, METHOD A) CY 538 $100.00 $53,800.00
151 ROCK SLOPE PROTECTION (LIGHT, METHOD B) CY 47 $95.00 $4,465.00
152 ROCK SLOPE PROTECTION (NO. 1, METHOD B) CY 193 $98.00 $18,914.00
153 CONCRETE (CHANNEL LINING) CY 39 $850.00 $33,150.00
154 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 469 $5.00 $2,345.00
155 FILTER FABRIC (CLASS A) SQYD 3320 $3.00 $9,960.00
156 MINOR CONCRETE (CURB) LF 1168 $15.00 $17,520.00
157 CURB RAMP DETECTABLE WARNING SURFACE SF 572 $22.00 $12,584.00
158 MINOR CONCRETE (CURB AND GUTTER) CY 233 $325.00 $75,725.00
159 MINOR CONCRETE (DRIVEWAY) CY 42 $350.00 $14,700.00
160 MINOR CONCRETE (STAMPED CONCRETE) SF 1350 $2.50 $3,375.00
161 MINOR CONCRETE (SIDEWALK) CY 358 $230.00 $82,340.00
162 MINOR CONCRETE (TEXTURED PAVING) CY 301 $300.00 $90,300.00
163 MINOR CONCRETE (CURB RAMP) CY 22 $800.00 $17,600.00
164 MINOR CONCRETE (PERVIOUS) CY 13 $700.00 $9,100.00
165 MISCELLANEOUS IRON AND STEEL LBS 5778 $2.00 $11,556.00
166 MISCELLANEOUS METAL (BRIDGE) LB 2110 $3.00 $6,330.00
167 BRIDGE DECK DRAINAGE SYSTEM LB 7840 $5.00 $39,200.00
Attachment 10 - 5
B1-102
168 TEMPORARY FENCE (TYPE CL-6, WITH SILT
SCREEN)
LF 920 $10.00 $9,200.00
169 CHAIN LINK FENCE (TYPE CL-4) LF 420 $15.00 $6,300.00
170 CHAIN LINK FENCE (TYPE CL-6) LF 3674 $18.00 $66,132.00
171 MIDWEST GUARDRAIL SYSTEM (STEEL POST) LF 954 $32.00 $30,528.00
172 VEGETATION CONTROL (MINOR CONCRETE) SQYD 55 $50.00 $2,750.00
173 CHAIN LINK RAILING LF 795 $80.00 $63,600.00
174 CHAIN LINK RAILING (TYPE 7) LF 418 $96.00 $40,128.00
175 ORNAMENTAL RAILING LF 672 $285.00 $191,520.00
176 CONCRETE BARRIER (TYPE 26A) LF 380 $200.00 $76,000.00
177 CONCRETE BARRIER (TYPE 26A MOD) LF 662 $230.00 $152,260.00
178 CONCRETE BARRIER (TYPE 26R MOD) LF 200 $55.00 $11,000.00
179 SINGLE THRIE BEAM BARRIER (STEEL POST) LF 344 $56.00 $19,264.00
180 CABLE RAILING LF 88 $20.00 $1,760.00
181 TRANSITION RAILING (TYPE WB-31) EA 4 $4,200.00 $16,800.00
182 ALTERNATIVE FLARED TERMINAL SYSTEM EA 10 $2,500.00 $25,000.00
183 ALTERNATIVE CRASH CUSHION SYSTEM EA 2 $14,500.00 $29,000.00
184 CONCRETE BARRIER (TYPE 732) LF 395 $140.00 $55,300.00
185 CONCRETE BARRIER (TYPE 732A) LF 636 $120.00 $76,320.00
186 4" THERMOPLASTIC TRAFFIC STRIPE LF 41963 $0.40 $16,785.20
187 6" THERMOPLASTIC TRAFFIC STRIPE LF 6067 $0.60 $3,640.20
188 8" THERMOPLASTIC TRAFFIC STRIPE LF 4644 $1.00 $4,644.00
189 THERMOPLASTIC PAVEMENT MARKING SQFT 4763 $3.00 $14,289.00
190 PAVEMENT MARKER (NON-REFLECTIVE) EA 591 $1.50 $886.50
191 PAVEMENT MARKER (RETRO REFLECTIVE) EA 1103 $3.50 $3,860.50
192 MAINTAIN EXISTING TRAFFIC MANAGEMENT
SYSTEM ELEMENTS DURING CONSTRUCTION
LS 1 $2,000.00 $2,000.00
193 SIGNAL AND LIGHTING (TEMPORARY) LS 1 $125,000.00 $125,000.00
194 SIGNAL AND LIGHTING (LOCATION 1) LS 1 $130,000.00 $130,000.00
195 SIGNAL AND LIGHTING (LOCATION 2) LS 1 $120,000.00 $120,000.00
196 LIGHTING (CITY STREET) LS 1 $105,000.00 $105,000.00
197 BRIDGE LIGHTING LS 1 $95,000.00 $95,000.00
198 TEMPORARY LIGHTING LS 1 $6,000.00 $6,000.00
199 SIGNAL INTERCONNECT LS 1 $10,000.00 $10,000.00
200 4" CONDUIT (TYPE 3) LF 1160 $6.00 $6,960.00
201 MODIFY MICROWAVE VEHICLE DETECTION
SYSTEM
LS 1 $5,000.00 $5,000.00
202 MODIFY WIRELESS DATA COMMUNICATION
SYSTEM
LS 1 $750.00 $750.00
203 MODIFY CLOSED CIRCUIT TELEVISION SYSTEM LS 1 $12,000.00 $12,000.00
204 MODIFY SIGNAL (CITY LOCATION 1) LS 1 $2,200.00 $2,200.00
205 MODIFY SIGNAL (CITY LOCATION 2) LS 1 $12,000.00 $12,000.00
206 MODIFY LIGHTING LS 1 $83,000.00 $83,000.00
207 NO. 5 PULL BOX EA 4 $2,000.00 $8,000.00
Attachment 10 - 6
B1-103
208 MOBILIZATION LS 1 $1,476,152.00 $1,476,152.00
Bid
Total
$16,572,129.84
BID TOTAL: $16,572,129.84
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the
documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the
Contractor may be required to do, or respecting the size of any payment to the Contractor, during the
performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and
conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following
documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto
attached:
1. Notice to Bidders and information for bidders.
2. Standard Specifications, Engineering Standards, Special Provisions, and any Addenda.
2. Accepted Bid.
4. Public Contract code Section 10285.1 Statement and 10162 Questionnaire.
5. Noncollusion Declaration.
6. Plans.
7. List of Subcontractors.
8. Agreement and Bonds.
9. Insurance Requirements and Forms.
ARTICLE IV, CONFLICTS: It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid
conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date
first above written.
ATTEST CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
City Clerk Jan Howell Marx, City Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
Christine Dietrick, City Attorney GRANITE CONSTRUCTION COMPANY
James H. Roberts, President
Attachment 10 - 7
B1-104
1
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. 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
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
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 Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title 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 contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
Attachment 10 - 8
B1-105
2
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
Attachment 10 - 9
B1-106
3
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The 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
Attachment 10 - 10
B1-107
4
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
Attachment 10 - 11
B1-108
5
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.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 compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
Attachment 10 - 12
B1-109
6
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
Attachment 10 - 13
B1-110
7
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 requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth 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 the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
Attachment 10 - 14
B1-111
8
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
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 written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
Attachment 10 - 15
B1-112
9
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
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 prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
Attachment 10 - 16
B1-113
10
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
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 transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. “First Tier Covered Transactions”
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant”
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), 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 e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
Attachment 10 - 17
B1-114
11
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
Attachment 10 - 18
B1-115
12
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Attachment 10 - 19
B1-116