HomeMy WebLinkAboutCouncil Reading File-91288 Calle Joaquin Park & Ride Lot Specifications
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
CALLE JOAQUIN PARK AND RIDE PROJECT
Specification No. 91288
MAY 2017
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
SPECIAL NOTICES
*************************************************************************************
For federal-aid projects, the Department is modifying its DBE program.
DBE requirements have been revised. See DBE forms in the Bid Forms for the revised
requirements.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. Attention is directed to Section 2-1.33 and Section 7-1.02K(3) for bid
requirements and to make electronic payroll submittals to the Department of Industrial
Relations Compliance Monitoring Unit.
TABLE OF CONTENTS
Calle Joaquin Park and Ride Project Table of Contents
Federal-Aid Project No. CML 5016(054) May, 2017
Contents
BID SUBMISSION ......................................................................................................................................... 1
BID DOCUMENTS ........................................................................................................................................ 1
PROJECT INFORMATION ........................................................................................................................... 2
QUALIFICATIONS ........................................................................................................................................ 2
AWARD ......................................................................................................................................................... 4
ACCOMMODATION ..................................................................................................................................... 4
BID FORMS .................................................................................................................................................. 5
BID ITEM LIST ....................................................................................................................................... 5
LIST OF SUBCONTRACTORS ............................................................................................................. 7
NON-COLLUSION DECLARATION .................................................................................................... 10
BIDDER ACKNOWLEDGEMENTS ..................................................................................................... 15
QUALIFICATIONS FORM ................................................................................................................... 16
BIDDER’S LIST OF CONTRACTORS (DBE and NON-DBE) ............................................................. 18
EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT FORM ............................................ 20
GOOD FAITH EFFORTS FORM ......................................................................................................... 22
DIVISION I GENERAL PROVISIONS ......................................................................................................... 25
1 GENERAL ............................................................................................................................................... 25
2 BIDDING ................................................................................................................................................. 25
3 CONTRACT AWARD AND EXECUTION ............................................................................................... 29
4 SCOPE OF WORK ................................................................................................................................. 29
5 CONTROL OF WORK ............................................................................................................................ 31
6 CONTROL OF MATERIALS ................................................................................................................... 31
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ........................................................... 32
REQUIRED FEDERAL-AID CONSTRUCTION CONTRACT PROVISIONS (FHWA FORM 1273) ........... 35
8 PROSECUTION AND PROGRESS ........................................................................................................ 47
9 PAYMENT ............................................................................................................................................... 48
DIVISION II GENERAL CONSTRUCTION ................................................................................................. 48
13 WATER POLLUTION CONTROL ......................................................................................................... 48
14 ENVIRONMENTAL STEWARDSHIP .................................................................................................... 49
16 CLEARING AND GRUBBING ............................................................................................................... 49
DIVISION III GRADING ............................................................................................................................... 50
19 EARTHWORK ....................................................................................................................................... 50
20 LANDSCAPING ..................................................................................................................................... 51
DIVISION IV SUBBASES AND BASES ...................................................................................................... 54
26 AGGREGATE BASES ........................................................................................................................... 54
DIVISION V SURFACING AND PAVEMENTS ........................................................................................... 56
40 CONCRETE PAVEMENT ...................................................................................................................... 56
TABLE OF CONTENTS
Calle Joaquin Park and Ride Project Table of Contents
Federal-Aid Project No. CML 5016(054) May, 2017
76 WELLS ................................................................................................................................................... 59
77 LOCAL INFRASTRUCTURE ................................................................................................................. 60
78 INCIDENTAL CONSTRUCTION ............................................................................................................ 60
78-1 WHEEL STOPS .................................................................................................................................. 60
78-2 BUS STOP .......................................................................................................................................... 60
86 ELECTRICAL SYSTEMS ....................................................................................................................... 61
APPENDIX A - FORM OF AGREEMENT.......................................................................................... A-1
APPENDIX B - CITY OF SAN LUIS OBISPO QUALITY ASSURANCE PROGRAM (QAP) ............. B-1
APPENDIX C - FORMS ..................................................................................................................... C-1
APPENDIX D - SUPPLEMENTAL PROJECT INFORMATION ......................................................... D-1
NOTICE TO BIDDERS
Calle Joaquin Park and Ride Project 1 Notice to Bidders
Federal-Aid Project No. CML 5016(054) May, 2017
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office
located at 919 Palm Street, California 93401, until
2:00 p.m. on MONTH DAY, 2017
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
Calle Joaquin Park and Ride Project, Specification No. 91288
Any bid received after the time and date specified will not be considered and wi ll be returned to the bidder
unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this notice and the
contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms
included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a
guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is
awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality
in a bid.
All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be
done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9,
Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible
contractor whose bid complies with the requirements prescrib ed. If the contract is awarded, the contract
will be awarded within 60 calendar days after the opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of
those defects.
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-proposals
A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of:
1. $35.00 if picked up in person, or
2. $55.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
NOTICE TO BIDDERS
Calle Joaquin Park and Ride Project 2 Notice to Bidders
Federal-Aid Project No. CML 5016(054) May, 2017
Standard Specifications and Engineering Standards referenced in the Special Provisions may be
downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
A printed copy may be obtained by paying a non-refundable of:
1. $16.00 if picked up in person, or
2. $21.00 if by mailing to the office of the City Engineer
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to
download at the City’s website listed above or at the office of the City Engineer.
Contact the project manager, Jennifer Rice at (805) 781-7058 or Public Works Department at (805) 781-
7200 prior to bid opening to verify the number of addenda issued.
You are responsible to verify your contact information is correct on the plan holders list located on the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-proposals.
PROJECT INFORMATION
In general the project consists of construction of a new parking lot with surfaces consisting of concrete,
hot mix asphalt and permeable interlocking concrete pavers, roadway construction including curb, gutter,
and sidewalk, storm drainage, landscaping and irrigation.
The project estimated construction cost is $530,868
Contract time is established as 55 working days.
The fixed liquidated damages amount is established at $500 per day for failure to complete the work
within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial
Relations has established prevailing hourly wage rates for each type of workman. Current wage rates
may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Attention is directed to the Required Contract Provisions for Federal -Aid Construction Contracts in
Section 7-1.11B of the special provisions. Note: This project is exempt from federal wage requirements.
Bidders are advised that, as required by federal law, the City of San Luis Obispo is implementing
Disadvantaged Business Enterprise (DBE) requirements as described in Section 2-1.12 of the special
provisions.
The DBE contract goal for this project is 10 percent.
This project is subject to "Buy America" provisions requiring steel and iron used in the project to be
produced in the U.S. as described in Section 6-2.05 of the special provisions.
QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time the contract is awarded.
You and any subcontractors subject to prevailing wage must be registered with the Department of
Industrial Relations pursuant to Section 1725.5 of the Labor Code.
NOTICE TO BIDDERS
Calle Joaquin Park and Ride Project 3 Notice to Bidders
Federal-Aid Project No. CML 5016(054) May, 2017
You must have experience constructing projects similar to the work specified for this project. Provide
three reference projects completed as either the prime or subcontractor for a similar type of project such
as a parking lot or road construction. All referenced projects must be completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with a city, county,
state or federal government agency as the prime contractor.
Failure to provide reference projects as specified in this section and as required on the qualification form
is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid
that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non -responsibility of the bidder if the
Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the
bidder lacks the
1. knowledge
2. experience,
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the bes t
interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice
to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a
responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the
bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding the protest if
submitted in compliance to the specified time limits. Anything submitted after the specified time limit will
be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be submitted within three
days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of
determination.
In the event that protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
NOTICE TO BIDDERS
Calle Joaquin Park and Ride Project 4 Notice to Bidders
Federal-Aid Project No. CML 5016(054) May, 2017
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records
available upon request.
AWARD
The lowest bidder will be determined using the Total Project Bid exclusive of any additive alternate bids.
As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the
total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with the provisions of
the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Kathryn Stanley at
(805) 781-7200. Telecommunications Device for the Deaf (805) 781-7107. Requests should be made as
soon as possible to allow time for accommodation.
BID FORMS
Calle Joaquin Park and Ride Project 5 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required
bid bond will be cause to reject the bid as nonresponsive. Staple all bid forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR: Calle Joaquin Park and Ride, Specification No. 91288
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 9-1 Mobilization LS 1
2 16 Clearing & Grubbing LS 1
3 15-3 Remove Conc. (Curb & Gutter) LF 66
4 15-3 Remove Concrete Sidewalk SF 1730
5 15-3 Remove Concrete (Mow Strip) LF 204
6 15-
2.02L Remove Irrigation LS 1
7 19 Excavation CY 1000
8 26 Class 2 Aggregate Base CY 560
9 26 Class 3 Aggregate Base CY 69
10 26 Class 4 Aggregate Base CY 461
11 19-8,
88 Geotextile Fabric SF 4680
12 39 Hot Mix Asphalt, Type A TON 309
13 40 Permeable Interlocking Concrete
Pavers SF 4680
14 76 Observation Well EA 2
15 73/90 Minor Concrete (Curb) LF 950
16 73/90 Minor Concrete (Retaining Curb) LF 17
17 73/90 Minor Concrete (Barrier Curb) LF 295
18 20-5 HDPE Plastic Edging LF 330
19 73/90 Minor Concrete (Curb & Gutter) LF 162
20 73/90 Minor Concrete (Sidewalk) SF 3200
BID FORMS
Calle Joaquin Park and Ride Project 6 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
21 73/90 Minor Concrete (Driveway) SF 400
22 73/90 Minor Concrete (Bus Pad) SF 1030
23 73/90 Minor Concrete (Motorcycle
Parking) SF 62
24 78 Wheel Stop EA 2
25 77-4 Area Drain Inlet EA 6
26 77-4 Curb Drain Inlet EA 1
27 77-4 Storm Drain Pipe (12" HDPE) LF 362
28 77-4 Storm Drain Pipe (18" RCP) LF 98
29 77 Storm Drain Manhole EA 1
30 84 Pavement Markings LS 1
31 56 Sign, Single Post EA 9
32 86 Lighting LS 1
33 20 Landscaping LS 1
34 20 Irrigation LS 1
Total Project Bid $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe
required work.
BID FORMS
Calle Joaquin Park and Ride Project 7 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2 -1.33C of the standard
specifications, the Bidder is required to furnish the following information for each Subcontractor
performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for
the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as
allowed in section 5-1.13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth
of work need not be mentioned. Subcontractors subject to prevailing wage must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
Address and Phone
Number of Office, Mill or
Shop Specific Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
Calle Joaquin Park and Ride Project 8 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __________________________________________________________________________,
proposed subcontractor _______________________________________________, hereby certifies that
he has ___ , has not , participated in a previous contract or subcontract subject to the equal
opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required,
he has filed with the Joint Reporting Comm ittee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which a re subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are
set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not fil ed the required reports should note that 41
CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a
report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby
declares under penalty of perjury under the laws of the State of California that the bidder, or any
subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding
three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion,
conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding
upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section
1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of
the University of California or the Trustees of the California State University. The term "bidder" is
understood to include any partner, member, officer, director, responsible managing officer, or responsible
managing employee thereof, as referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of
this Statement. Bidders are cautioned that making a false certification may subj ect the certifier to criminal
prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder must complete, under penalty of
perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in
the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a
federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances.
BID FORMS
Calle Joaquin Park and Ride Project 9 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby states under penalty of perjury, that no
more than one final unappealable finding of contempt of court by a federal court has been issued against
you within the immediately preceding two-year period because of your failure to comply with an order of a
federal court which orders you to comply with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or
related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a
court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any
judgment, order, or determination that is under appeal is excluded, provided that the contractor has
secured the payment of any amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing
for the debarment of contractors from public works.
Yes No
Attach documentation of registration with the Department of Industrial Relations and date of registration
per Labor Code Section 1725.5(a)(1).
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
BID FORMS
Calle Joaquin Park and Ride Project 10 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix
the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other bidder, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Executed on , 20 , in
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
BID FORMS
Calle Joaquin Park and Ride Project 11 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person
associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility
by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal
agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and
dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
BID FORMS
Calle Joaquin Park and Ride Project 12 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(l) 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.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee 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 of Lobbying Activities," in
conformance with its instructions.
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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
BID FORMS
Calle Joaquin Park and Ride Project 13 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. contract
a. bid/offer/application
a. bid/offer/application
a. initial
a. initial b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ___________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including
(If individual, last name, first name, MI) address if different from No. 10a)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
value _____________ f. other, specify _________________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by
Title 31 U.S.C. Section 1352. This disclosure of lobbying
reliance was placed by the tier above when his transaction
was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for
public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature: _________________________________________
Print Name: _______________________________________
Title: _____________________________________________
Telephone No.: _____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL Rev. 09-12-97
BID FORMS
Calle Joaquin Park and Ride Project 14 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section
1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of
Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation
sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial
filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported, enter the year and quar ter in which the change occurred. Enter the date of
the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional D istrict if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1
(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the
contract grant. or loan award number, the application/proposal control number assigned by the Federal agency).
Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).
Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or
planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in -kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent
in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s)
employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time
for reviewing instruction, searching existing data sources, gathering an d maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
SF-LLL-Instructions Rev. 06-04-90«ENDIF»
BID FORMS
Calle Joaquin Park and Ride Project 15 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addenda number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. ,
Expiration Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
BID FORMS
Calle Joaquin Park and Ride Project 16 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
QUALIFICATIONS FORM
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to
Bidders and indicated below, is cause to reject the bid. Additional information may be attached, but is not a
substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
BID FORMS
Calle Joaquin Park and Ride Project 17 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made,
we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction
and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays,
Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
BID FORMS
Calle Joaquin Park and Ride Project 18 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
BIDDER’S LIST OF CONTRACTORS (DBE and NON-DBE)
All bidders are required to provide the following information for all DBE and non-DBE contractors, who
provided a bid, quote or were contacted by the proposed prime. This information is also required of
the proposed prime contractor and must be submitted with their bid. The City of San Luis Obispo will
use this information to maintain and update a “Bidders List” to assist in the annual Disadvantaged
Business Enterprise goal setting process required for Federally Funded projects. This information is also
being made available to other local agencies for the same purpose. To the extent permitted by
law, all information submitted will be held in strict confidence by the agencies and will not be shared
without your consent except as noted above. Photocopy this form as needed for additional firms.
Contractor: Prime Contractor OR Subcontractor
Firm Name:
Contact Person:
Years in
Business:
Address:
Phone:
Email:
Certified DBE under 49 CFR Part 26? Yes DBE #: No
Description of Work Proposed to be Performed:
Gross Annual Receipts for Last Year:
Less than $1 Million Less than $5 Million Less
than $10 Million Less than $15 Million More than $15
Million
Type of work / Services / Materials
Provided:
Contractor Trucking Supplier
Broker
Manufacturer Other (describe):
Contractor Specialties:
Bridges & Tunnel
Construction
Building Construction
Concrete retaining
walls
Other:
Coatings
Communication Lines
Landscaping &
Irrigation
Masonry (incl.
retaining walls)
Minor concrete (incl.
flatwork)
Pipeline Construction
Roadway
Construction
Signing / Traffic
Control
Street Lighting &
Signals
Striping
Tanks
Treatment Facilities
Contractor: Prime Contractor OR Subcontractor
Firm Name:
Contact Person:
Years in
Business:
Address:
Phone:
Email:
Certified DBE under 49 CFR Part 26? Yes DBE #: No
Description of Work Proposed to be Performed:
Gross Annual Receipts for Last Year:
Less than $1 Million Less than $5 Million Less
than $10 Million Less than $15 Million More than $15
Type of work / Services / Materials
Provided:
Contractor Trucking Supplier
BID FORMS
Calle Joaquin Park and Ride Project 19 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
Million Broker
Manufacturer Other (describe):
Contractor Specialties:
Bridges & Tunnel
Construction
Building Construction
Concrete retaining
walls
Other:
Coatings
Communication Lines
Landscaping &
Irrigation
Masonry (incl.
retaining walls)
Minor concrete (incl.
flatwork)
Pipeline Construction
Roadway
Construction
Signing / Traffic
Control
Street Lighting &
Signals
Striping
Tanks
Treatment Facilities
Copy sheet as needed
Rev 6/24/14
BID FORMS
Calle Joaquin Park and Ride Project 20 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT FORM
BID FORMS
Calle Joaquin Park and Ride Project 21 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
BID FORMS
Calle Joaquin Park and Ride Project 22 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
GOOD FAITH EFFORTS FORM
BID FORMS
Calle Joaquin Park and Ride Project 23 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
BID FORMS
Calle Joaquin Park and Ride Project 24 Bid Forms
Federal-Aid Project No. CML 5016(054) May, 2017
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 25 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard
Specifications. Each special provision begins with a revision clause that describes or introduces a
revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not
change the paragraph number of the Standard Specifica tions for any other reference to a paragraph of
the Standard Specifications.
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 General
The work must be done in compliance with the City of San Luis Obispo, Department of Public Works :
1. Calle Joaquin Park and Ride Project Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2016 edition
3. State of California, Department of Transportation Standard Specifications and Standard Plans –
2010 edition
In case of conflict between documents, governing ranking must comply with section 5 -1.02 of the City of
San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 6 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Section 2-1.43 BID OPENING:
The City of San Luis Obispo publicly opens and reads bids at the time and place shown on the Notice to
Bidders.
Section 2-1.50 BID RIGGING:
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities.
Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number
is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous .
The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and
abuse and is operated under the direction of the DOT Inspector General.
Add Section 2-1.51 CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION:
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or
20103.5 of the Public Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the contract is awarded.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 26 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
Replace Section 2-1.12 DISADVANTAGED BUSINESS ENTERPRISES with:
Under 49 CFR 26.13(b):
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR part 26 in the award and administration of
DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
such other remedy as the recipient deems appropriate.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the
contract (49 CFR 26).
To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a goal for DBEs.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and
suppliers.
Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made
adequate good faith efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list
of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm.
All DBE participation will count toward the California Department of Transportation’s federally
mandated statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following
manner:
100 percent counts if the materials or supplies are obtained from a DBE
manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular
dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery
of materials or supplies count if obtained from a DBE that is neither a manufacturer
nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
You receive credit towards the goal if you employ a DBE trucking company that performs a
commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6).
a) DBE Commitment Submittal
Submit the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form,
included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book
before submitting your bid.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low
bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency.
DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business
day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the
Agency requests you to submit a DBE Commitment form, submit the completed form within 4
business days of the request.
Submit written confirmation from each DBE stating that it is participating in the contract. Include
confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written
confirmation that the DBE is participating in the contract.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 27 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid
nonresponsive.
b) Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts,
Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal.
Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good
faith efforts documentation is not submitted with the bid, it must be received by the Agency no later
than 4:00 p.m. on the 4th business day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit
the DBE Commitment form, you must also submit good faith efforts documentation within the
specified time to protect your eligibility for award of the contract in the event t he Agency finds that the
DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting documents,
as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work
you might otherwise perform with your own forces and those items that have been
broken down into economically feasible units to facilitate DBE participation. For each
item listed, show the dollar value and percentage of the total contract. It is your
responsibility to demonstrate that sufficient work to meet the goal was made available
to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project.
Include the items of work offered. Describe the methods used for following up initial
solicitations to determine with certainty if the DBEs were interested, and the dates of
the follow-up. Attach supporting documents such as copies of letters, memos,
facsimiles sent, telephone logs, telephone billing statements, and other evidence of
solicitation. You are reminded to solicit certified DBEs through all reasonable and
available means and provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available.
Include name, address, and telephone number of each DBE that provided a quote
and their price quote. If the firm selected for the item is not a DBE, provide the
reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the
project. Attach copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in
contacting, recruiting, and using DBE firms. If the agencies were contacted in writing,
provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the
plans, specifications, and requirements of the contract to assist them in responding to
a solicitation. If you have provided information, id entify the name of the DBE
assisted, the nature of the information provided, and date of contact. Provide copies
of supporting documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit,
insurance, necessary equipment, supplies, and materials, excluding supplies and
equipment that the DBE subcontractor purchases or leases from the prime contractor
or its affiliate. If such assistance is provided by you, identify the name of the DBE
assisted, nature of the assistance offered, and date assistance was provided.
Provide copies of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether
the low bidder made good faith efforts to meet the DBE goal.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 28 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
c) Exhibit 15-G - Local Agency Bidder DBE Information (Construction Contracts)
Complete and sign Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts)
included in the contract documents regardless of whether DBE participation is reported.
Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a
DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the
Agency encourages you to submit a copy of the joint venture agreement.)
d) Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractor as listed on the Bidder’s List of Contractors (DBE and Non-DBE) in the
bid forms and Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form
unless you receive authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1st-tier subcontractor
Name and business address of each DBE subcontractor, DBE vendor, and DBE
trucking company, regardless of tier
Date of payment and total amount paid to each business
If you are a DBE contractor, include the date of work performed by your own forces and the
corresponding value of the work.
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work, the DBE must notify you in writing of the
decertification date. If a business becomes a certified DBE before completing its work, the business
must notify you in writing of the certification date. Submit the notifications. On work completion,
complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O,
form. Submit the form within 30 days of contract acceptance.
Upon work completion, complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business
Enterprises (DBE), First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The
Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon
submission of the completed form.
e) Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15 -G Local Agency Bidder DBE
Commitment (Construction Contracts) form, included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own
forces or obtain materials from other sources without authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if it shows any of the
following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed
DBE fails to meet your bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license
under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 29 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the
work on the Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons.
Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons
why the use of other forces or sources of materials should not occur. Your request to use other
forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph
2. Notices from you to the DBE regarding the request
3. Notices from the DBEs to you regarding the request
If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to
substitute for the original DBE. The substitute DBE must perform at least the same amount of work
as the original DBE under the contract to the extent needed to meet the DBE goal.
The substitute DBE must be certified as a DBE at the time of request for substitution.
Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith
effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Exhibit 15-G
Local Agency Bidder DBE Commitment (Construction Contracts) form unless it is performed or supplied
by the listed DBE or an authorized substitute.
Replace Section 2-1.33A with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be
signed by the bidder.
3 CONTRACT AWARD AND EXECUTION
Add to Section 3-1.04 CONTRACT AWARD:
If the City of San Luis Obispo awards the contract, the award is made to the lowest responsible and
responsive bidder.
Section 3-1.06 CONTRACTOR'S LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract
acceptance (Public Contract Code § 10164).
Add Section 3-1.20 SUBCONTRACT REQUIREMENTS
The Contractor shall submit a completed for CEM-1201 at or before the pre-construction meeting
certifying that all construction subcontracts contain the required Federal Requ irements and Pertinent
Provisions (Form FHWA-1273). A copy of the form is included in the Appendix.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Complete the work as generally described in the Notice to Bidders in conformance with the City o f San
Luis Obispo Standard Specifications and with the contract special provisions for general, material,
construction, and payment specifics.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 30 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
Replace Section 4-1.06 DIFFERING SITE CONDITIONS with:
4-1.06 CHANGED CONDITIONS
a) Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are
encountered at the site differing materially from those indicated in the contract or if
unknown physical conditions of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in the work provided for in
the contract, are encountered at the site, the party discovering such conditions shall
promptly notify the other party in writing of the specific differing conditions before the site
is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is
determined that the conditions materially differ and cause an increase or decrease in the
cost or time required for the performance of any work under the contract, an adjustment,
excluding anticipated profits, will be made and the contract modified in writing
accordingly. The engineer will notify the contractor of the determination whether or not an
adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless
the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects c aused on
unchanged work. (This provision may be omitted by the Local Agency, at their option.)
b) Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the
engineer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the contractor believes that
additional compensation and/or contract time is due as a result of such suspension or
delay, the contractor shall submit to the engineer in writing a request for adjustment
within 7 calendar days of receipt of the notice to resume work. The request shall set forth
the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees
that the cost and/or time required for the performance of the contract has increased as a
result of such suspension and the suspension was caused by conditions beyond the
control of and not the fault of the contractor, its suppliers, or subcontractors at any
approved tier, and not caused by weather, the engineer will make an adjustment
(excluding profit) and modify the contract in writing accordingly. The contractor will be
notified of the engineer's determination whether or not an adjustment of the contract is
warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request
for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that perform ance
would have been suspended or delayed by any other cause, or for which an adjustment
is provided or excluded under any other term or condition of this contract.
c) Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such
changes in quantities and such alterations in the work as are necessary to satisfactorily
complete the project. Such changes in quantities and alterations shall not invalidate the
contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work
under the contract, whether such alterations or changes are in themselves significant
changes to the character of the work or by affecting other work cause such other work to
become significantly different in character, an adjustment, excluding anticipated profit, will
be made to the contract. The basis for the adjustment shall be agreed upon prior to the
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performance of the work. If a basis cannot be agreed upon, then an adjustment will be
made either for or against the contractor in such amount as the engineer may determine
to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the
work to be performed under the contract, the altered work will be paid for as provided
elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following
circumstances:
When the character of the work as altered differs materially in kind or nature from that
involved or included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in
excess of 125 percent or decreased belo w 75 percent of the original contract
quantity. Any allowance for an increase in quantity shall apply only to that portion in
excess of 125 percent of original contract item quantity, or in case of a decrease
below 75 percent, to the actual amount of work performed.
5 CONTROL OF WORK
Add to Section 5-1.13A Sub-Contracting General
A representative of the prime contractor must be on site when any subcontract or is performing contract
work. Contract work will not be allowed to continue until prime contractor’s representative is on site.
Add to Section 5-1.36A General
Repair to damage must comply with the associated sections of the specifications, standards, and plans.
Add to Section 5-1.36D Non-Highway Facilities
Existing third party (non City-owned) utilities are shown on project plans for information purposes only. It
is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of
excavation or sawcutting. The City of San Luis Obispo is not responsible for any:
1. damages
2. costs
3. delay
4. expenses
resulting from a third party underground facility operator’s failure to comply with stipulations as set forth in
4216.7.(c) of California Government Code.
Add to Section 5-1.43A Potential Claims and Dispute Resolution General
Potential claim forms are located on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
6 CONTROL OF MATERIALS
Section 6-2.05 BUY AMERICA:
Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and
iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the
domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent
of the total bid or $2,500, materials produced outside the U.S. may be used.
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Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter
the physical form or shape (such as rolling, extruding, machining, bending, grinding,
and drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects
or enhances the value of steel and iron materials.
Replace the first paragraph of Section 6-3.05A QUALITY ASSURANCE, GENERAL with:
The City of San Luis Obispo uses a Quality Assurance Program (QAP) to ensure a material is produced
to comply with the Contract. The QAP is included with this contract in the Appendix and can also be found
in the Appendix to the City of San Luis Obispo Standard Specifications.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.02K(1) General
The project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Replace the 7th paragraph of Section 7-1.02K(3) Certified Payroll Records with:
You may submit certified payroll records electronically by email to: jrice@slocity.org. Before submitting
the payroll records electronically, you must complete and sign the Contractor's Acknowledgement and
submit it to the above email address.
Add to Section 7-1.03B Traffic Control Plan
Work hours are restricted to 8:00 a.m. to 5:00 p.m..
Replace Section 7-1.06 with:
7-1.06A General
Procure and maintain for the duration of the contract, insurance against claims for:
1. injuries to persons
2. damages to property
which may arise from or in connection with the performance of the work by your:
1. agents
2. representatives
3. employees
4. subcontractor
Provide:
1. Commercial General Liability Insurance
2. Commercial General Liability Insurance Endorsement
3. Automotive Liability Insurance
4. Automotive Liability Insurance Endorsement
5. Workers’ Compensation Insurance
The Contractor agrees to defend, indemnify and hold harmless the City from and against any and all fines
or mitigation measures imposed on the City arising out of the Contractor's actual or alleged violation of
any local, state or federal regulation, as well as all attorney fees, costs an d expenses of any kind which
directly or indirectly arise out of or are in any way associated with enforcing this indemnity provision
against the Contractor.
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7-1.06B Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. CG 20 10 Prior to 1993
b. CG 20 10 07 04 with CG 20 37 10 01
2. Insurance Services Office form number CA 0001 (January 1987 Edition) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
7-1.06C Minimum Limits of Insurance
Maintain insurance limits no less than:
1. General Liability:
a. $1,000,000 per occurrence for bodily injury, personal injury and property damage.
b. If Commercial General Liability or other form with a general aggregate limit is used, either the
c. general aggregate limit must apply separately to this project/location
d. the general aggregate limit must be twice the required occurrence limit.
2. Automobile Liability:
a. $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability:
a. $1,000,000 per accident for bodily injury or disease.
7-1.06D Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of
the City, either:
1. the insurer must reduce or eliminate the deductibles
2. procure a bond guaranteeing payment of:
a. losses and related investigations
b. claim administration and defense expenses.
7-1.06E Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects:
a. liability arising out of activities performed by or on behalf of you
b. your products and completed operations
c. premises owned, occupied or used by you
d. automobiles owned, leased, hired or borrowed by you
2. The coverage must not contain special limitations on the scope of protection afforded to the City
and its:
a. officers
b. officials
c. employees
d. agents
e. volunteers
3. For any claims related to this project, your insurance coverage will be the primary insurance for
the City and its:
a. officers
b. officials
c. employees
d. agents
e. volunteers.
4. Any insurance or self-insurance maintained by the City is in excess to your insurance and will not
contribute to it.
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5. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties must not affect coverage provided to the City and its
a. officers
b. officials
c. employees
d. agents
e. volunteers
6. Your insurance must apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
7. Each insurance policy required must be endorsed to state that coverage will not be:
a. Suspended
b. Voided
c. canceled by either party
d. reduced in coverage or in limits
except after thirty days prior written notice provided by certified mail with return receipt requested has
been given to the City.
8. Coverage may not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid
under Subdivision (b) of section 2782 of the Civil Code.
7-1.06F Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
7-1.06 G Verification of Coverage
Furnish the City with a certificate of insurance showing required insurance coverage. Origi nal
endorsements effecting general liability and automobile liability coverage must be provided. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
7-1.06H Subcontractors
Include all subcontractors as insured under its policies or provide separate certificates and endorsements
for each subcontractor. All insurance coverage for subcontractors are subject to same requirements as
the prime contractor.
Add to Section 7-1.11A:
This project is not located within the right-of-way of a roadway that is functionally classified as Federal-aid
highway and is therefore exempt from federal wage rate requirements as described in Section IV "DAVIS
BACON AND RELACTED ACT PROVISIONS" of FHWA Form 1273.
This project is not located on the National Highway System and is therefore exempt from Section VI
"SUBLETTING OR ASSIGNING THE CONTRACT" of FHWA Form 1273.
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Replace Section 7-1.11B FHWA-1273 with:
FHWA-1273 -- Revised May 1, 2012
REQUIRED FEDERAL-AID CONSTRUCTION CONTRACT
PROVISIONS (FHWA FORM 1273)
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.
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1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set
forth under laws, executive orders, rules, regulations (28
CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and
49 CFR 27) and orders of the Secretary of Labor as modified
by the provisions prescribed herein, and imposed pursuant
to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractor's project
activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 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
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within a reasonable time. If the investigation indicates that
the discrimination may affect persons other than the
complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the
contractor will inform every complainant of all of their
avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such
efforts should be aimed at developing full journey level
status employees in the type of trade or job classification
involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use
good faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 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
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(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each
work classification required by the contract work. This
information is to be reported on Form FHWA-1391. The
staffing data should represent the project work force on
board in all or any part of the last payroll period preceding
the end of July. If on-the-job training is being required by
special provision, the contractor will be required to collect
and report training data. The employment data should
reflect the work force on board during all or any part of the
last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$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
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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.
(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
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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.
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.
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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.
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
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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:
"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.
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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.
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:
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 44 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
(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
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
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 45 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
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.
XII: CARGO PREFERENCE ACT
Use of United States –flag vessels:
The contractor agrees –
1. To utilize privately owned United State-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable
rates for Unites States-flag commercial vessels.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a
rated, ‘on-board’ commercial ocean bill-of-lading in English
for each shipment of cargo described in paragraph (1) of this
section to both the Contracting Officer (through the prime
contractor in the case of subcontractor bills-of lading) and to
the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC
20590.
3. To insert the substance of the provisions of this clause in
all subcontracts issued pursuant to this contract.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 46 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
Replace Section 7-1.11C Female and Minority Goals with:
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction
Contracts," the following are goals for female and minority utilization goals for Federal -aid construction
contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal
(Percent)
174
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8
175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6
176
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
28.9
25.6
19.6
14.9
9.1
17.1
23.2
177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA
Yuba
16.1
14.3
178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA
CA Stanislaus
8120 Stockton, CA
CA San Joaquin
Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
12.3
24.3
19.8
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 47 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
For each July during which work is performed under the contract, you and each non material-supplier
subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C
to 23 CFR 230). Submit the forms by August 15.
8 PROSECUTION AND PROGRESS
Section 8-1.02A Schedule
Provide a Level 1 schedule for this work.
Add to Section 8-1.03 Pre-Construction Conference
All listed subcontractors performing contract work must attend the preconstruction meeting.
At a minimum, provide the following submittals at the preconstruction meeting:
1. emergency contact list
2. representative at the site of work authorized to sign extra work tickets
3. representative authorized to sign change orders
4. Caltrans equipment rental rates for equipment used to complete work
5. work schedule
6. traffic control application
7. traffic control plans
8. water pollution control plan
9. location of construction yard
179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
19.1
26.1
23.6
180
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
11.9
28.3
21.5
19.0
19.7
24.6
181
San Diego, CA:
SMSA Counties
7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
16.9
18.2
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 48 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
10. location of disposal site
11. evidence construction yard is correctly permitted if construction yard is not your business address
12. evidence disposal yard is correctly permitted.
13. door hanger for notification of adjacent properties
14. Completed form CEM-1201 certifying Federal Form FHWA-1273 is included in all subcontracts.
Replace Section 8-1.10A with:
BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the contract has been approved by the
attorney appointed and authorized to represent the City of San Luis Obispo.
This work shall be diligently prosecuted to completion before the expiration of 55 WORKING DAYS
beginning on the fifteenth calendar day after approval of the contract.
The Contractor shall pay to the City of San Luis Obispo the sum of $500 per day, for each and every
calendar day's delay in finishing the work in excess of the number of working days prescribed above.
9 PAYMENT
Add to Section 9-1.16F Retentions:
PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
No retainage will be held by the agency from progress payments due the prime contractor. Any retainage
held by the prime contractors or subcontractors from progress payments due subcontractors shall be
promptly paid in full to subcontractors within 30 days after the subcontractor’s work is satisfactorily
completed. Federal law (49CFR26.29) requires that any delay or postponement of payment over the 30
days may take place only for good cause and with the agency’s prior written approval. Any violation of
this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and
other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements
shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise
available to the prime Contractor or subcontractor in the event of a dispute involving late payment or
nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a
subcontractor.
Add to Section 9-1.23 City Billing:
If after given the opportunity, you fail to complete any of the following:
1. maintain the project site,
2. complete project work,
3. any other cause which requires City staff to complete work at the project site
you must reimburse the City in compliance with section 9-1.23.
DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to 2nd paragraph in Section 13-1.01A
A minor WPCP plan form may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 49 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02A
The City has obtained an annual permit for construction from the Air Pollution Control District (APCD).
The annual APCD permit and construction log files are located on the City’s website:
http://www.slocity.org/publicworks/slostandards.asp
You are required to comply with the APCD permit including all notification and construction logs using the
appropriate equipment. Provide training to all workers in the construction area.
You must comply with section 77-1 of the City standard specifications.
Add to Section 14-9.02D
Full compensation for APCD compliance and applicable engineering standards is included in the payment
for other bid items unless a bid item of work is shown on the bid list item.
16 CLEARING AND GRUBBING
Add to Section 16-1.03D
Remove and dispose of invasive plant species as identified on the plans or as directed by the City
biologist. Invasive plant species shall be removed, bagged and disposed of in a landfill (not to be
disposed of as green waste). See attached "Summary Report for Focused Invasive Weeds Survey, Calle
Joaquin Park and Ride, San Luis Obispo, California" by Terra Verde Environmental Consulting, March 17,
2017.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 50 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
DIVISION III GRADING
19 EARTHWORK
Site preparation should begin with clearing, stripping, and removing all vegetation and deleterious
materials on the site. Invasive plant species as identified on the plans or by City biologist shall be
removed, bagged and disposed of per City requirements. The exposed subsurface soils should then be
overexcavated to a depth of 18-inches below proposed finished subgrade elevation, scarified to a depth
of 6 inches, moisture conditioned to within 2 percent of optimum, and mechanically compacted. Fill soils
placed above the overexcavation subgrade should be placed in horizontal layers up to 8 inches thick prior
to compaction, moisture conditioned to within 2 percent of optimum and compacted. Fill materials should
be compacted to at least 90 percent relative com paction, based on ASTM D1557. However, the upper 12-
inches of subgrade beneath all impervious paved areas should be compacted to at least 95 percent
relative compaction. Subgrade areas under pervious pavements shall be compacted according to section
19-5.03C.
On-site soils free of organic and deleterious material are suitable for use as fill below the structural
section. Fill soils should not contain rocks larger than 3 inches in greatest dimension, and should have no
more than 15 percent larger than 1.5 inches in greatest dimension. Subgrade soils should not be allowed
to dry out or have excessive construction traffic prior to placing the overlying pavement section. If
unstable soils are encountered during subgrade preparation these areas should be further excavated (18
inches minimum) and a layer of stabilization fabric (Mirafi HP570 or equivalent) and Class II/III Base
placed.
All asphalt pavement construction and materials used should conform to Sections 26 and 39 of the latest
edition of the City of San Luis Obispo Standard Specifications. Aggregate bases should be compacted to
a minimum relative compaction of 95 percent based on ASTM D1557.
Notify the Engineer for R-value testing of the pavement subgrade at the completion of rough grading and
final design pavement sections should be based on the results of that testing. All sections should be
crowned for good drainage.
Replace Section 19-1.03B with:
Notify the Engineer prior to removal of unsuitable material. Excavate unsuitable material. Ensure that
unsuitable material is separated from other suitable construction materials or removed from the work
area.
Removal of unsuitable material including rock, within contract work area and limits and for which there is
no separate pay item, is paid for in other items on the Bid Item List. Removal of unsuitable material
outside contract work area and limits, as directed by the Engineer, will be paid by force account.
Add to section 19-5.03B:
Section 19-5.03B does not apply to areas paved with pervious concrete, permeable interlocking concrete
pavers, and pervious asphalt.
Add to Section 19-5.03C:
For areas paved with pervious concrete pavement, pervious asphalt pavement, or permeable interlocking
concrete pavement, obtain a relative compaction of at least 90 percent and not more than 95 percent.
Remove and recompact overcompacted areas in 6-inch lifts. The Engineer will not require more than an
18 inch depth to be removed. In lieu of recompacting the native soil, you may place and compact Class 4
aggregate base.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 51 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
20 LANDSCAPING
Attention is directed to Section 20 of the City of San Luis Obispo Standard Specifications for Landscaping
& Irrigation and these special provisions. The irrigation system shall comply with the City of San Luis
Obispo "Procedures for Recycled Water Use."
Add to Section 20-1.01A Summary:
The work included under this Section consists of providing all necessary soil preparation and amending,
finish an fine grading, furnishing and planting of all trees, shrubs, and ground cover, application of pre -
emergent herbicide, mulching, maintenance, and all other materials, labor, and equipment required to
complete the work indicated on the Planting Plans.
Replace Section 20-2 with:
20-2.01 RECLAIMED WATER IRRIGATION SYSTEMS
CITY OF SAN LUIS OBISPO STANDARD NOTES FOR NEW IRRIGATION SYSTEMS USING
RECLAIMED WATER
1. The City must inspect and/or verify:
a. New underground piping (materials, burial depth, clearances, labeling, sleeving).
b. Installation of signs, tags, and controller decals.
2. All on-site buried recycled water piping shall be identified by one of the followin g methods:
a. Using purple-colored PVC pipe with continuous wording: "Caution- Recycled Water" or
"Caution Reclaimed Water" printed on opposite sides of the pipe. Pipe shall be laid with
wording facing upwards.
b. Using purple-colored polywrap sleeve over the pipe. Polywrap sleeve shall have
continually repeating wording: "Caution - Recycled Water" or "Caution - Reclaimed
Water'' printed on opposite sides.
c. Warning tape with a minimum width of three inches (3") reading, "Caution - Recycled
Water'' or "Caution - Reclaimed Water'' (in black or white lettering on purple background)
shall run continuously on top of piping and shall be attached to piping with plastic tape
banded around the warning tape and the pipe every five feet (5') on center.
3. All on-site recycled water piping shall be buried to a minimum depth from finished grade to top of
pipe (minimum cover) of:
a. Pressurized lines 3 inches and larger- 24 inches
b. Pressurized lines 2 inches and smaller- 18 inches
c. Intermittent pressure lines- 12 inches
4. All recycled water piping other than PVC piping with solvent welded joints shall be protected
against movement with thrust blocks or restrained joints or other approved method per City of
San Luis Obispo requirements.
5. Maintain a 10-foot horizontal separation between buried pressurized recycled water irrigation
piping and buried potable water piping unless otherwise noted. At pipe crossings, buried
pressurized recycled water irrigation piping must be 12 inches below potable water lines.
Pressurized recycled water pipelines are allowed over potable water pipelines with a minimum of
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 52 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
12 inches of vertical separation if a full standard pipe length is centered over the crossing, or the
recycled water pipeline is installed in a pipe sleeve which e xtends a minimum of 10 feet on either
side of the potable water piping. Intermittently pressurized irrigation lines may be located a
minimum of 12 inches above potable water pipelines without sleeving.
6. All recycled water system remote control valves, isolation valves, quick coupling valves, strainers,
and pressure-regulating valves shall be installed below grade in valve boxes (with purple -colored
boxes and lids). Valve boxes shall have a warning label or nameplate permanently molded into
or attached onto the lid with rivets, screws, or bolts. Warning labels shall be per City of San Luis
Obispo standard 8810.
7. No hose bibs are allowed on the recycled water irrigation system.
8. All recycled water meters, devices, and valves (e.g. isolation valves, irrigation controllers, remote
control valves, pressure regulating valves, quick coupling valves, etc.) shall be tagged per City of
San Luis Obispo standard 8810.
9. Recycled water advisory signs conforming to the City Standard 8820 shall be posted per
locations shown on those irrigation plans.
10. Installation of direct injection systems on the recycled water irrigation system is not permitted.
11. All recycled water meters will be set by the City after the site's owner, developer, or contractor
has applied for recycled water service with the City, the water service agreement has been
approved (if applicable), and all applicable fees have been paid.
12. No overspray or runoff of recycled water is allowed on any non-approved use area. Ponding of
recycled water due to irrigation is not allowed in any area. Upon receiving recycled water, the on -
site recycled water irrigation system must pass a coverage test conducted by the City of San Luis
Obispo inspector or designee.
13. Contractor shall submit as-built irrigation plans to the City of San Luis Obispo inspector within 90
days of site receiving recycled water.
14. See City of San Luis Obispo "Procedures for Recycled Water Use" for more information and
forms at http://www.slocity.org/home/showdocum ent?id=4376
20-3 IRRIGATION
20-3.01 GENERAL
20-3.01A Summary
Add to Section 20-3.01A:
The work included under this Section consists of furnishing all labor, tools, materials, equipment,
transportation, and services required to complete the installation of the Underground Sprinkler Irrigation
system, including revisions to existing systems, as shown on the Drawings and as specified in this
section.
Replace Section 20-3.02M(4) Recycled Water Supply Lines with:
Attention is directed to Section 20-2 for Recycled Water Supply Lines and Irrigation Systems.
Replace paragraphs 1 and 2 of Section 20-3.02N with:
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 53 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
Warning sign decals shall be as shown on the project plans. Warning sign decals must be UV fade
resistant, all weather, and manufactured from a flexible vinyl based or flexible vinyl based with mylar
product. Decals must have a purple background, white text, and backing that has a peel -off cover that is
self-adhesive.
20-3.02M(3)(b) Plastic Pipe Irrigation Lines (Drip Irrigation)
Add to Section 20-3.02M(3)(b) with:
The in-line drip distribution irrigation tubing must be must be virgin polyethylene plastic, comply with
ASTM D 2737 and be preinstalled with in-line emitters - volume size as identified on the plans.
Add to Section 20-3.03K Plastic Pipe Irrigation Lines (drip irrigation) Installation:
Install drip irrigation tubing on grade and under manufacturer's instructions.
Install a flush valve and an air-relief valve if recommended by the drip valve assembly manufacturer.
Add to Section 20-3.02R(3)(b) Remote Control Valve:
Drip Valve Assemblies
Each drip valve assembly must include:
1. Remote control valve
2. W ye filter with:
2.1. Filter housing that:
2.1.1. Can withstand a working pressure of 150 psi
2.1.2. Is manufactured of reinforced polypropylene plastic
2.2. Reusable stainless steel filter cartridge with a 200 mesh size filtration
3. Ball valve under 20-2.11B(2)
4. Schedule 80 PVC pipes and fittings
5. Pressure regulator
Add to Section 20-7.03I(1):
No planting shall occur during unfavorable weather conditions or when the soil is excessively wet, as
determined by the Owner's Representative.
Stake or spot all plant locations, as shown on the Planting Plans. Obtain approval of plant locations, by
the Owner's Representative or Landscape Architect, prior to commencement of planting.
Excavated pits (2-times the container size) shall have positive drainage within 2-hours when fully flooded
with water. Contractor to demonstrate to Owner' Representative that plant holes drain in 2-hours before
planting may commence. Contractor shall correct deficient drainage utilizing drilled drain holes filled with
3/4" drain rock. Depth of drain holes as needed.
Add to Section 20-9.03K Training:
Provide the following to the City:
1. Operation and Maintenance Data
2. Warranties and Guarantees
3. Spare Parts and Maintenance Materials
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 54 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
DIVISION IV SUBBASES AND BASES
26 AGGREGATE BASES
Replace the 1st paragraph of section 26-1.01 with:
Section 26 includes specifications for spreading and compacting AB including placing geosynthetic
material as shown.
Notify the Engineer for R-value testing of the pavement subgrade at the completion of rough grading. Do
not proceed with placement of base material until pavement sections are confirmed based on the results
of that testing.
Submit your test results for Class 4 AB under California Test 202.
Submit the void content for your selected Class 4 AB.
Aggregate Base materials used shall conform to Sections 26 of the latest edition of the City of San Luis
Obispo Standard Specifications. Aggregate bases shall be compacted to a minimum relative compaction
of 95 percent based on ASTM D1557.
Replace "Class 2 and Class 3 AB" in the 1st paragraph of section 26-1.02A with:
Class 2, Class 3, and Class 4 AB
Add to section 26-1.02:
26-1.02D Class 4 Aggregate Base
Choose any nominal maximum aggregate size from 3/4 to 2 inches. Select an aggregate gradation that
will result in a void content of 30 percent or more. Calculate the void content using the following formula:
V= 1-(Wd/(sg*62.4))*100
where:
V = void content in percent
Wd = dry unit weight determined under California Test 212
sg = dry specific gravity determined under California Test 207
You may use an aggregate gradation that provides a void content less than 30 percent provided you
increase the AB thickness shown in compliance with the following formula:
D’ = D*30/V
where:
D’ = modified AB thickness
D = AB thickness shown
V = void content of the Class 4 AB in percent
The maximum aggregate size of the Class 4 AB must be less than 2.5 times the maximum aggregate size
of the material layer placed above.
If Class 4 AB includes a pipe under drain outfall system for the 2 year or shorter recurrence interval storm
event delete the cleanness value requirement, otherwise delete the NTU requirement.
Aggregate must comply with the quality requirements shown in the following table:
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 55 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
Property Test
Method
Contract compliance
Cleanness Value (min) California
Test 227
75
NTU of effluent in place AB
(max)
ASTM D
7315
200
Loss in Los Angeles rattler
after 500 revolutions (max)
California
Test 211
45
Percent of crushed particles
one or more fractured face
(min)
California
Test 205
50
Add to section 26-1.03B:
Before placing filter fabric and biaxial geogrid, remove loose or extraneous material and sharp objects
that may come in contact with the material.
Place filter fabric on the subgrade where shown. Placing, protecting, and repairing filter fabric must
comply to the requirements for biaxial geogrid.
Add to section 26-1.03C:
Do not operate equipment or vehicles directly on the filter fabric.
Place biaxial geogrid as shown.
Place biaxial geogrid:
1. Under manufacturer's instructions
2. Longitudinally along the roadway alignment
3. Without wrinkles
Overlap adjacent edges of biaxial geogrid rolls at least 2 feet. Overlap the ends of the rolls at least 2 feet
in the direction you spread AB covering the biaxial geogrid.
You may fold or cut biaxial geogrid to conform to curves. If cut, overlap at least 2 feet. You may hold
material in place with mechanical ties, staples, pins, or small piles of AB.
Do not:
1. Stockpile material on biaxial geogrid
2. Place more biaxial geogrid than can be covered in 72 hours
You may operate vehicles and equipment on biaxial geogrid if one of the following conditions is met:
1. Vehicles and equipment are:
1.1. Equipped with rubber tires
1.2. Operated under 10 mph
1.3. Operated in a manner to avoid sudden braking and sharp turns
2. At least 0.35 ft of AB has been placed, spread, and compacted on the biaxial geogrid
Compact AB with either (1) a smooth-wheeled roller or (2) a rubber-tired roller. Do not use vibratory
devices during compaction.
Repair or replace damaged biaxial geogrid. Repair biaxial geogrid by placing a new piece of material with
at least 3 feet of overlap from the edges of the damaged area.
If you modify the shown thickness for Class 4 AB, the specifications for spreading AB in 1 or more layers
apply to the modified AB thickness. Increase the layer thickness by lowering the grading plane of all
layers below the Class 4 AB.
Replace the 3rd sentence in the 3rd paragraph of section 26-1.03C with:
The compacted thickness of any one layer of Class 4 AB must not exceed 1 foot.
SPECIAL PROVISIONS
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Federal-Aid Project No. CML 5016(054) May, 2017
Replace the 1st paragraph of section 26-1.03D with:
Compact each AB layer to at least 95 percent relative compaction under California Test 231 except for
Class 4 AB. For Class 4 AB, comply with the following:
1. Compact with a 10-ton vibratory roller
2. Make 2 complete passes in vibratory mode and at least 2 complete passes in static mode
3. In areas not accessible to the vibratory roller, use a 13,500 lbf plate compactor with a compaction
indicator
Add to section 26-1.04:
For less than 550 tons of Class 3 AB, the Engineer does not deduct the water weight in the aggregate
from the weight of material delivered to the job site.
If you select an aggregate that provides a void content less than 30 percent the Department does not
adjust payment of any item due to modifying the thickness of Class 4 AB layers.
DIVISION V SURFACING AND PAVEMENTS
40 CONCRETE PAVEMENT
40-9 PERMEABLE INTERLOCKING CONCRETE PAVEMENT
40-9.01 GENERAL
40-9.01A Summary
Section 40-9 includes specifications for furnishing and installing concrete pavers for permeable
interlocking concrete pavement (PICP).
Section 40-1 does not apply.
40-9.01B Definitions
bundle: Several paver layers packaged together.
paver layer: Concrete pavers manufactured into patterned layers and ready for mechanical installation.
mechanical installation: Using a machine to lift and install paving layers.
laying face: Exposed, vertical face of a row of concrete pavers complete in place.
40-9.01C Submittals
For jointing and bedding aggregates submit:
1. Gradation under California Test 202
2. Crushed particle under California Test 205
3. Abrasion loss under California Test 211
4. Cleanness value under California Test 227
For pavers submit:
1. Four manufactured, representative full-size samples of each type, thickness, finish, and color
2. Laboratory test reports indicating compliance with ASTM C 936
Submit PICP installation crew qualifications.
SPECIAL PROVISIONS
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Federal-Aid Project No. CML 5016(054) May, 2017
40-9.01D Quality Control and Assurance
40-9.01D(1) General
Not Used
40-9.01D(2) Prepaving Conference
Before starting earthwork, schedule a prepaving conference at a mutually agreed upon time and place to
meet with the Engineer. Make the arrangements for the conference facility. Discuss methods of
performing each step of the work.
Prepaving conference attendees must sign an attendance sheet provided by the Engineer. The prepaving
conference must be attended by your:
1. Project superintendent
2. Paving construction foreman
3. Earthwork construction foreman
4. Base construction foreman
5. Foremen overseeing each installation crew
6. Paver manufacturer representative
7. Testing laboratory representative
Do not start PICP work until the listed personnel have attended the prepaving conference.
40-9.01D(3) Test Panels
The Engineer uses authorized test panels as the standard when evaluating the texture and color of the
PICP surface.
As a first order of work, construct and test panels at the jobsite. Use the materials, tools, equipment,
personnel, and methods you will use in the work. Construct at least 2 test panels. Test panels must meet
the requirements for surface finish, thickness, and joints.
Test panels must be:
1. Constructed at an authorized location
2. At least 15 by 15 ft if the pavers are installed manually
3. At least 35 by 35 ft if the pavers are installed mechanically
4. Installed using the same personnel, materials, equipment, and methods to be used in the work
If the Engineer rejects the test panels, construct new test panels.
Obtain authorization of the test panels before placing other PICP.
Remove and dispose of rejected test panels. Authorized test panels must remain in place until all PICP is
completed. If authorized test panels are not constructed within the limits shown for PICP, remove and
dispose of them.
40-9.01D(4) Just-In-Time Training
Not Used
40-9.01D(5) Personnel Qualifications
Foremen overseeing each installation crew must hold a current PICP installer technician course certificate
from the Interlocking Concrete Pavement Institute.
SPECIAL PROVISIONS
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Federal-Aid Project No. CML 5016(054) May, 2017
40-9.01D(6) Aggregate
At least once per project, test aggregate as shown in the following table:
Test Test
method
Sieve analysis CT 202
Percent of crushed particles, course
aggregate, 2 fractured faces,
percent minimum
CT 205
Los Angeles Rattler, loss at 500
revolutions, percent maximum
CT 211
Cleanness value CT 227
40-9.01D(7) Surface Infiltration Testing
Test the completed PICP surface under ASTM C1701. For each area of 25,000 sf, perform 3 tests. For
each additional area of 10,000 sf or less, perform 1 test. Each test location must be separated by at least
20 ft. Do not perform tests (1) if there is standing water on the pavement surface or (2) less than 24 hours
after 1/4 inch or more of rain. The infiltration rate must be at least 100 inches/hour.
40-9.02 MATERIALS
40-9.02A General
The aggregate for bedding and jointing must be graded within the limits shown in the following table:
Sieve size Percentage passing
No. 8 No. 89 No. 9
1/2 inch 100 100 100
3/8 inch 85–100 90–100 100
No. 4 10–30 20–55 85–100
No. 8 0–10 5–30 10–40
No. 16 0–5 0–10 0–10
No. 50 -- 0–5 0–5
If the joints between manufactured units are 1/4 inch wide or less, use no. 89 or no. 9 aggregate.
At least 95 percent of the aggregate particles must have at least 2 fractured faces.
The abrasion loss of the aggregate must not exceed 40 percent.
The cleanness value of the aggregate must be at least 80.
40-9.02B Pavers
Pavers must comply with ASTM C 936 except the requirements for resistance to freezing and thawing do
not apply.
Pavers must be at least 3-1/8 inch thick.
40-9.03 CONSTRUCTION
40-9.03A General
Not Used
40-9.03B Subgrade and Bedding
Immediately before placing bedding, the subgrade must be
1. Compacted and graded as specified
2. Free of loose and extraneous material
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 59 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
3. Free of standing or flowing water
Moisten, spread, and screed the bedding over the subgrade. Test the screeded surface for smoothness
with a 12-foot straightedge. The surface must be within 0.03 ft of the straightedge's lower edge.
Keep all vehicles off the screeded surface. If you disturb the subgrade, recompact and regrade. If you
disturb the screeded surface, screed the surface and retest for smoothness with the straightedge.
40-9.03C Pavers and Jointing Aggregate
Install pavers in the pattern shown. Maintain straight pattern lines.
Fill gaps at the edges of the PICP area with cut pavers. Cut pavers must be at least one-third of a whole
paver. Use a masonry saw to cut the pavers.
Fill the joints with dry jointing aggregate by sweeping. Remove excess aggregate by sweeping.
Compact jointing aggregate and seat the pavers into the bedding co urse using a low-amplitude, 75-90 Hz
plate compactor capable of at least 5,000 lbf. Make two passes across the PICP with the plate
compactor. Do not compact within 6 ft of the unconfined edges of the PICP. Remove and replace any
cracked pavers.
Apply additional jointing aggregate and fill within 1/4-inch of the top of the pavers. Remove excess
aggregate by sweeping.
For each day of paving, fill joints, seat pavers, and apply additional jointing aggregate to within 6 ft of the
laying face.
Test the PICP surface for smoothness with a 12-foot straightedge. The surface must be within 0.03 ft of
the straightedge's lower edge.
Joints formed along the bond lines of the paver pattern must be straight. Joints must not deviate more
than 0.04 ft. from a straight line. Measure the joint deviation from a 50 -ft string line pulled over contiguous
joint lines.
The surface elevation of the PICP must be 0.03 to 0.04 ft above adjacent drainage inlets, concrete
collars, or channels.
Protect PICP from sediment deposition and damage due to subsequent construction activity on the site.
At least 30 days after placement of PICP, adjust the PICP by applying additional jointing aggregate to
within 1/4-inch of the top of the pavers. Remove excess aggregate by sweeping.
40-9.04 PAYMENT
PICP is measured based on the dimensions shown.
76 WELLS
Add to section 76
76-6 OBSERVATION WELLS
76-6.01 GENERAL
Section 76-6 includes specifications for constructing observation wells in pervious pavement or infiltration
trenches.
76-6.02 MATERIALS
The perforated PVC pipe must be smooth-wall PVC plastic pipe and must comply with AASHTO M 278.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 60 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
The end cap must be PVC plastic.
Filter fabric must be Class A.
76-6.03 CONSTRUCTION
Wrap the perforated PVC pipe with a single layer of continuous filter fabric leaving portions clear to
receive the end cap and sampler cap. Overlap the fabric for the distance between perforated rows without
covering any hole more than once. The fabric must be neat and snug to the form of the pipe. Secure the
fabric with plastic ties.
In non-traffic areas, place PVC pipe from the bottom of the AB to a maximum of 4 inches above finished
grade. In traffic areas, place PVC pipe from the bottom of the AB to finished grade. No pipe joints are
allowed. Do not penetrate the RSP fabric at the bottom of the AB. The Engineer determines the final pipe
elevation.
Do not allow aggregate to enter the PVC pipe.
76-6.04 PAYMENT
Not Used
77 LOCAL INFRASTRUCTURE
Add to Section 77-1.01:
Excavation and restoration includes removal of concrete.
Protection and restoration of survey monuments and bench marks must comply with Section 5 -1.26 and
5-1.36.
Replace section 78 with:
78 INCIDENTAL CONSTRUCTION
78-1 WHEEL STOPS
78-1.01 GENERAL
Section 78-5 includes specifications for constructing wheel stops.
78-1.01A SUBMITTALS
Submit product data for parking bumpers including bonding adhesive for reinforcing bar dowels.
78-1.02 MATERIALS
Reserved
78-1.03 CONSTRUCTION
Construct wheel stops in accordance with City of San Luis Obispo Standard Plan 2260.
78-1.04 PAYMENT
Not Used
78-2 BUS STOP
78-2.01 GENERAL
Section 78-6 includes specifications for constructing bus stops.
SPECIAL PROVISIONS
Calle Joaquin Park and Ride Project 61 Special Provisions
Federal-Aid Project No. CML 5016(054) May, 2017
78-2.01A SUBMITTALS
Submit product data for bus shelter and all appurtenances including lighting and bench.
78-2.02 MATERIALS
Reserved
78-2.03 CONSTRUCTION
Construct bus stop in accordance with City of San Luis Obispo Standard Plan 4930.
78-2.04 PAYMENT
Not Used
86 ELECTRICAL SYSTEMS
Replace section 86-6.11B(1) with:
Photocells must be:
1. Lumatrol by Precision, Model # ECDV-AP-TD105-300V
2. approved equal.
Provide one remote photoelectric control of Type 1 to control all new luminaires identified on the project
plans.
APPENDICES
Calle Joaquin Park and Ride Project A-1 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter ca lled the
Owner) and COMPANY NAME (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
CALLE JOAQUIN PARK AND RIDE, SPEC NO. 91288
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 Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
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.
3. Plans.
4. Caltrans Standard Specifications and Standard Plans 2010.
5. Accepted Bid.
6. List of Subcontractors.
APPENDICES
Calle Joaquin Park and Ride Project A-2 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
7. Equal Employment Opportunity Certification.
8. Public Contract Code Section 10285.1 Statement.
9. Public Contract Code Section 10162 Questionnaire.
10. Public Contract Code Section 10232 Statement.
11. Labor Code Section 1725.5 Statements.
12. Bidder Acknowledgements.
13. Qualifications.
14. Attach Bidders Bond to Accompany Bid.
15. Non-collusion Declaration.
16. Debarment and Suspension Certification.
17. Non-lobbying Certification for Federal-Aid Contracts.
18. Disclosure of Lobbying Activities.
19. Agreement and Bonds.
20. Insurance Requirements and Forms.
ARTICLE IV INDEMNIFICATION: Hold Harmless and Indemnification. The Contractor agrees to defend,
indemnify, protect and hold the City and its agents, officers and employees harmless from and against any
and all claims asserted or liability established for damages or injuries to any person or property, including
injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in
performing the work or services herein, and all expenses of investigating and defending against same;
provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or
employees. In the event of conflict with any other indemnification or hold harmless provisions of this
Agreement, the provision that provides the most protection to the City shall apply.
APPENDICES
Calle Joaquin Park and Ride Project A-3 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
ARTICLE V, REQUIRED FEDERAL
CONTRACT PROVISIONS
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 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
APPENDICES
Calle Joaquin Park and Ride Project A-4 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
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
applicants for employment or current employees. Such
efforts should be aimed at developing full journey level
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Federal-Aid Project No. CML 5016(054) May, 2017
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
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special provision, the contractor will be required to collect
and report training data. The employment data should
reflect the work force on board during all or any part of the
last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation
on the basis of race, color, religion, sex, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such
use by employee custom. The 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
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.
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Federal-Aid Project No. CML 5016(054) May, 2017
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.
(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,
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Calle Joaquin Park and Ride Project A-8 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
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.
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
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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.
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
APPENDICES
Calle Joaquin Park and Ride Project A-10 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
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:
"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:
APPENDICES
Calle Joaquin Park and Ride Project A-11 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
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.
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.
1. 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)
APPENDICES
Calle Joaquin Park and Ride Project A-12 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
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
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.
APPENDICES
Calle Joaquin Park and Ride Project A-13 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
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.
XII: CARGO PREFERENCE ACT
Use of United States –flag vessels:
The contractor agrees –
1. To utilize privately owned United State-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable
rates for Unites States-flag commercial vessels.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a
rated, ‘on-board’ commercial ocean bill-of-lading in English
for each shipment of cargo described in paragraph (1) of this
section to both the Contracting Officer (through the prime
contractor in the case of subcontractor bills-of lading) and to
the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC
20590.
3. To insert the substance of the provisions of this clause in
all subcontracts issued pursuant to this contract.
ARTICLE VI: TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself,
its assignees and successors in interest (hereinafter collectively referred to as Contractor) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title
49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference
and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub-applicants, including
procurements of materials and leases of equipment. CONTRACTOR shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the agreement covers a program set forth in Appendix
B of the Regulations.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to
be performed under a Sub-agreement, including procurements of materials or leases of
equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the
CONTRACTOR’S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
California Department of Transportation or FHWA to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of CONTRACTOR is in
the exclusive possession of another who fails or refuses to furnish this information,
CONTRACTOR shall so certify to the California Department of Transportation or the FHWA
as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the
nondiscrimination provisions of this agreement, the California Department of Transportation
shall impose such agreement sanctions as it or the FHWA may determine to be appropriate,
including, but not limited to:
APPENDICES
Calle Joaquin Park and Ride Project A-14 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1)
through (6) in every sub-agreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant t hereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or
is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR
may request the California Department of Transportation enter into such litigation to protect the interests of
the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to
protect the interests of the United States.
ARTICLE VII. 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.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Katie Lichtig, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
Rev. 12-28-09
APPENDICES
Calle Joaquin Park and Ride Project A-15 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
CITY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
SAMPLE PAYMENT BOND
(Section 3247, Civil Code)
WHEREAS, The City of San Luis Obispo, acting by and through the Department of Public Works, hereafter referred to as
“Obligee”, has awarded to Contractor _______________________________________, herea fter designated as the “Principal”, a
contract for the work described as follows:
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims
of laborers, mechanics, materialmen and other persons as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of
______________________________________________________________________ dollars ($ ___________________), for
which payment, we bind ourselves, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amount s due
under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to
be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal and his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety
herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to s uch
persons or their assigns in any suit brought upon this bond.
Dated: ______________________________________, 20 ____
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
Principal
Surety (SEAL)
By : Attorney-in-Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.
ATTACH CERTIFICATE OF ACKNOWLEDGEMENT
APPENDICES
Calle Joaquin Park and Ride Project A-16 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
CITY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
SAMPLE PERFORMANCE BOND
(To Accompany Contract)
Bond No. _________________
WHEREAS, the City of San Luis Obispo, acting by and through the Department of Public Works, has awarded to
Contractor _____________________________________________________________, hereafter designated as the
“Contractor”, a contract for the work described as follows:
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the
faithful performance thereof:
NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the City of San Luis
Obispo in the sum of $ _________________________________________________ dollars ($
___________________), to be paid to said City or its certain attorney, its successors and assigns: for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and admini strators, successors or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the
foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed
at the time and in the manner therein speci fied, and in all respects according to their intent and meaning, and shall
indemnify and save harmless the City of San Luis Obispo, its officers and agents, as therein stipulated, then this
obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this ___________ day of
________________, 20___.
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
Contractor
Name of Surety (SEAL)
By : Attorney-in-Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.
ATTACH CERTIFICATE OF ACKNOWLEDGEMENT
APPENDICES
Calle Joaquin Park and Ride Project B-1 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
APPENDIX B - CITY OF SAN LUIS OBISPO QUALITY ASSURANCE PROGRAM (QAP)
APPENDICES
Calle Joaquin Park and Ride Project C-1 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
APPENDIX C - FORMS
APPENDICES
Calle Joaquin Park and Ride Project C-2 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
Insert CEM-1201 (LAPM Exhibit 16-B)
APPENDICES
Calle Joaquin Park and Ride Project C-3 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
Insert LAPM Exhibit 17-F and 17-O
APPENDICES
Calle Joaquin Park and Ride Project D-1 Appendices
Federal-Aid Project No. CML 5016(054) May, 2017
APPENDIX D - SUPPLEMENTAL PROJECT INFORMATION