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HomeMy WebLinkAboutPW SRTS Davidson Middle School Project 2014Agenda Item No: 3. J Meeting Date: September 15, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: ` =amity Manager Approva Director of Public Works File No.: 18.10.19 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAFE ROUTES TO SCHOOL (SRTS) AT JAMES B. DAVIDSON MIDDLE SCHOOL PROJECT, CITY PROJECT NO. 11211, TO J.J.R. CONSTRUCTION, INC. IN THE AMOUNT OF $299,641.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to J.J.R. Construction, Inc. in the amount of $299,641.00. BACKGROUND: Safe Routes to School (SRTS) is a federal funding program that is intended to improve conditions for children in kindergarten through eighth grade, to safely walk and bicycle to school. The program selects projects that are developed with community participation and incorporate key elements referred to as the five E's education, encouragement, engineering, enforcement and evaluation. The purposes of the program are 1) to enable and encourage children in kindergarten through eighth grade (K-8), including children with disabilities, to safely walk and bicycle to school and, per Americans with Disabilities Act (ADA) Guidelines, traverse to school via accessible routes, 2) to make walking and bicycling to school a more appealing mode choice, and 3) to facilitate the planning, design, and implementation of projects that will improve safety, the environment, and overall quality of life. Staff applied for and has received approval of federal funding for the `Safe Routes to School at James B. Davidson' project. The project is based on the concepts developed by the SRTS program, which involved the Davidson Middle school staff, parents, city staff and consultants. The City's funding application was supported by the James B. Davidson school staff, the Parent Teacher Association (PTA), the school's SRTS committee, the San Rafael Department of Public Works, and the San Rafael City School District. The project involves the following: ■ InstaIl a 4 to 5 foot wide sidewalks on both sides of Lindaro Street between Woodland Avenue and Andersen Drive to remove gaps in the pedestrian network and reduce the impacts of existing wide industrial access driveways. ■ Widen the sidewalk on the south side of Lindaro Street to 8 feet between Jordan Street and Andersen Drive ■ Include comprehensive signing and striping improvements FOR CITY CLERK ONLY File No.: 4—/— Council Meeting: q .201 Disposition: e6G0 t, u i1 -0,-i /?Flo SAN RAFAEL CITY COUNCIL AGENDA REPORT 1 Pase: 2 ■ Install radar speed feedback signs along Lindaro Street s Install a barrier fence along the center median of Andersen Drive to ensure proper and safe roadway crossings by students coming to/from the Mahon Creek Path On December 17, 2012, the City Council adopted Resolution number 13475 authorizing the Director of Public Works to enter into an agreement with Coastland Engineering to design the project. On September 18, 2013, members of the Coastland Engineering design team assisted City staff in presenting the conceptual design to the public at a meeting held at the San Rafael Community Center. Six members of the community attended the meeting. Translation services into Spanish were provided. On April 15, 2014, letters were mailed to all business and property owners along this segment of Lindaro Street. One outreach meeting with business and property owners was held at the Department of Public Works offices on April 30, 2014. Four properties were represented at this outreach meeting, namely 622, 626, 637, and 648 Lindaro Street. On May 1, 2014, Public Works staff personally visited and/or coordinated with property managers representing 635 and 647 Lindaro Street as representatives did not attend the outreach meeting held the day before. Additional meetings were held with the property owner of 622 Lindaro Street on May 9, 2014 and May 14, 2014 specifically discussing the impacts to that property. This project requires work on private property in order to conform existing parking lots to the new sidewalk. After coordinating with property and business owners, all owners, or their designated representatives, have signed the City's standard "Right -of -Entry" form. Subsequently, the City obtained right-of-way clearance on May 30, 2014 through the Caltrans Office of Local Assistance. On July 30, 2014, the City received Caltrans authorization to bid and construct the project. A study of the project area was conducted to ensure that the most reasonable facilities for all modes of travel are included in the project design. The study was completed July 1, 2014. The project has been determined to have no significant effect on the environment and is categorically exempt from environmental documents under both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The project was advertised in accordance with San Rafael's Municipal Code on August 15, 2014, and sealed bids were publicly opened and read aloud on September 9, 2014 at 10:00 AM. The engineer's estimate was $280,000. The following bids were received: NAME OF BIDDER AMOUNT J.J.R. Construction, Inc. $299,641.00 W.R. Forde Associates $319,863.00 Ghilotti Brothers, Inc. $325,414.50 J.A. Gonsalves & Son Construction Inc. $350,333.00 ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from J.J.R. Construction, Inc. in the amount of $299,641.00 falls within the allocated project budget. FISCAL IMPACT: To date, a total of $82,282.03 has been charged to this project for design, environmental clearance, and Caltrans coordination. The remaining project expenditures include construction to be performed by J.J.R. Construction, Inc., a contingency of approximately 15%, sampling and testing of construction materials, and construction management. No local match is required for this grant. SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 3 The following tables summarize the revenue and expenses associated with this project: FUNDING SOURCES Project Funding Sources - Design Amount Safe Routes to School Grant $77,000.00 Gas Tax Design, Environmental Clearance, Translation Services, Document Reproduction, etc. $4,000.00 Project Funding Sources — Design Sub Total $810.00.00 Project Funding Sources - Construction Base Bid Contract Amount Safe Routes to School Grant $399,100.00 Project Funding Sources — Construction Sub Total $399100.00 Estimated Staff Time to manage construction*/ Materials Testing Total Available Funds $480100.00 EXPENSES: Category -Eden Expense Category Amount Notes AlreadX Charged Expenses Design -01 $80,695.54 Design, Environmental Clearance, Translation Services, Document Reproduction, etc. Construction -02 $1,585.49 Document Reproduction Remaining Expenses Construction -02 $299,641.00 Base Bid Contract Amount Construction -02 $46,176.97 Contingency (Approx. 15% Construction-02 $52,000.00 Estimated Staff Time to manage construction*/ Materials Testing Total Project Cost $480100.00 *This cost will be paid for with staff time, but will be reimbursed through the grant. OPTIONS: 1. Adopt the resolution awarding the contract to J.J.R. Construction, Inc., the lowest responsive and responsible bidder, in the amount of $299,641.00. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until summer 2015. 3. Do not award the contract and direct staff to stop work on the project. If this option is chosen, the City will forfeit $399,100 in grant funding. ACTION REQUIRED: Adopt the resolution awarding the construction contract to J.J.R. Construction, Inc. in the amount of $299,641.00. Enclosures: Resolution Agreement RESOLUTION NO. 13810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR SAFE ROUTES TO SCHOOL (SRTS) AT JAMES B. DAVIDSON MIDDLE SCHOOL PROJECT, CITY PROJECT NO. 11211, TO J.J.R. CONSTRUCTION, INC. IN THE AMOUNT OF $2999641.00. WHEREAS, on the 91h day of September, 2014, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of Sart Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Safe Routes to School at James B. Davidson Middle School" City Project No. 11211 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of J.J.R. Construction, Inc.. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of J.J.R. Construction, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to J.J.R. Construction, Inc. at the unit prices mentioned in said bid. 2. The Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with J.J.R. Construction, Inc. in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. Funds totaling $480,100 will be appropriated from Gas Tax for City Project ime stmov 4. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15`x' day of September, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey c . gw�A� . ESTHER C. BEIRNE, City Clerk File No.: 18.10.19 City of San Rafael ♦ California Form of Contract Agreement for Safe Routes to School at James B. Davidson Middle School City Project No. 11211 This Agreement is made and entered into this 15th day of September 2014 by and between the City of San Rafael (hereinafter called City) and J.J.R. Construction, Inc., (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans and specifications for the project entitled: Safe Routes to School at James B. Davidson Middle School, City Project No. 11211, Federal Aid Project No. SRTSL 5043 (034), all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within FORTY (40) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITER[ DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE I. Mobilization 1 LS C $8,500.55 = $8,500.55 2. Signs and Traffic Control 1 LS C 517,000.00 = $17,000.00 3. Clearing and Grubbing 1 LS C $62,000.00 = $62,000.00 4. Minor Concrete — Minor Structures a. Type A Curb and Gutter (6-inch/8-inch) 700 LF Q $39.00 = $27,300.00 b. 8 -inch Thick PCC Driveway 2,400 SF @ $17.50 — $42,000.00 OR I Arl ITEM DESCRIPTION ESTIMATED TY QUANTITY UNIT UNIT PRICE TOTAL PRICE c. 4" Thick PCC Sidewalk 3,100 SF @ $8.75 = $27,125.00 d. Curb Ramp - Case C I EA @ $2,800.00 = $2,800.00 e. Curb Ramp - Case F 1 EA @ $2,100.00 = $2,100.00 f. Drop Inlet/Turning Structure 5 EA @ $2,500.00 = $12,500.00 g. Catch Basin, Type "A" 1 EA @ $3,000.00 = $3,000.00 h. Sidewalk Underdrain 2 EA @ $1,000.00 = $2,000.00 5. Hot Mix Asphalt 200 TON @ $205.00 = 541,000.00 6. Storm Drain Pipe Ia. PVC (12 -inch SDR -26) 76 LF @ $235.00 _ $17,860.00 7. Adjust Existing Facility to Grade a. Adjust Manhole Castings to Grade 2 EA @ $1,250.00 = $2,500.00 b. Adjust Water Meter Box and Cover to Grade 3 EA (a $200.00 = $600.00 c. Adjust Sewer Cleanout Box and Cover to Grad 1 EA @ $200.00 $200.00 d. Adjsut Traffic Signal Box and Cover to Grade 1 EA @ $200.00 - $200.00 8. Traffic Striping a. Install Detail 22 Striping 822 LF @ $2.20 = $1,808.40 b. Install Detail 38 Striping 90 LF @ $2.20 = $198.00 c. Paint Curb Red 260 LF (�u $1.65 = $429.00 9. Pavement Markings 813 SF @ $3.85 = $3,130.05 10. Roadside Signs a. Relocate Existing Sign to New Post 2 EA @ $195.00 - $390.00 11. Install Radar Speed Feedback Sign System 1 LS @ $25,000.00 = $25,000.00 GRAND TOTAL BID $ 299,641.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50° o of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: I-S.-Qqwc Esther C. Beirne City Clerk APPROVED AS TO FORM: r Robert F. pstein City Attorney File No.: 18.10.19 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director J.J.R. CONSTRUCTION, INC. Prince ame: Carlos �z�ot-� Title:\V,c.e ?res',der\i Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language FHWA-1273 — Revised May 1 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I General II Nondiscriminaton III Nonsegregated Facilities IV Davis -Bacon and Reated 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 Profects IX Implementation of Clean Air Act and Federal Water Pollution Contra: Act X. Compliance with Govemmentwide Suspension and Debarment Requ rements 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 phys-cally Incorporated In each construction contract funded under Titie 23 (excluding emergency contracts solely intended for debris removal) The contractor (or subcontractor) must insert th s form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rents: 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 sery ces. The prime contractor shall be responsible for compliance by any subcontractor, rower-ller subcontractor or service provider Form FHWA-1273 must be included In a'I Federal -aid design -build contracts, In all subcontracts and in lower tier subcontracts (exclud ng subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be respons ble for compliance by any subcontractor, lower -tier subcontractor or service provider Contracting agenc as 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 -t er subcontracts (exclud ng purchase orders, renta: agreements and other agreements for supplies or services related to a construction contract) 2 Subject to the applicabil ly criteria noted in the following sections, these contract provisons 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 conta ned in these Requ red 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 lim is of a construction project on a Federal -aid highway un ess it is labor performed by convicts who are on parole, supervised release, or probation The term Federa!-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 add Yon, the contractor and all subcontractors must comply with the fo9owing po! ties 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 incuding 49 CFR Parts 21, 26 and 27. and 23 CFR Parts 200 230, and 633 The contractor and al: 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 Specif cations in 41 CFR 6043 Note The U S Department of Labor has exclusive authority to determine comp!rance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1825-1627 The contracting agency and the FHWA have the authority and the responsib;lty to ensure compl.ance with Title 23 USC Section 140, the Rehabilitation Act of 1973 as amended (29 USC 794), and Title VI of the Crvi: Rights Act of 1984 as amended, and related regulations including 49 CFR Parts 21, 26 and 27 and 23 CFR Parts 200, 230. and 833 The fol owing provision is adopted from 23 CFR 230, Appendix A. with appropriate revisions to conform to the U S Department of Labor i.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 80 and 49 CFR 27) and orders of the Secretary of Labor as mod tied by the provisions prescribed herein, and imposed pursuant to 23 U S C 140 shal, 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 1830 are incorporated by reference :n this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement act vilies 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 pol cy 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. nationa 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, ;ncluding apprenticeship pre -apprenticeship and/or on the-,ob training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who all 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 Page 8 of 22 DLA -013 13-06 August 12, 2013 Local Assistance Procedures Manual 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise promote, and discharge employees, or who recommend such action, or who are substantially Involved in such action, will be made fully cognizant of, and will Implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement 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 contractors 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 protect 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 requ;remeni, 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 contractors 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 provis--ons. 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 w.th 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 disab-lity. The following procedures shall be followed: a The contractor will conduct periodic Inspections of project sites to Insure that working conditions and emp;oyee facilities do not Indicate discriminatory treatment of project site personnel. DLA -OB 13-06 Exhibit 12-G Required Federal -aid Contract Language 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 w:11 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 invest;gale all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract. will attempt to reso:ve 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 S. 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 MI 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 Increas;ng 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 fumish such information to the contractor, the contractor shall so certify to the contracting agency Page 9 of 22 August 12, 2013 Local Assistance Procedures Manual 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 how 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 B. Reasonable Accommodation for Applicants f 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 shah 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 Exhibit 12-G Required Federal -aid Contract Language (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 contractors obligation extends further to ensure that its employees are not assigned to perform their services at any location. under the contractors control, where the facilities are segregated The term "facilities" ancludes 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 prowde separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. EV. 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 Page 10 of 22 DLA -OB 13-06 August 12, 2013 Local Assistance Procedures Manual 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 mechan cs, 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 pians, 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 shalt be pa,d 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(x)(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 (ill) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rales 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 classAcation 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 the -r 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 al 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 Dill 13-0G Exhibit 12-C Required Federal -aid Contract Language (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 fnt 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 provid ng bona fide Binge 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 authortzed 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 federatly-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 ma:nlained 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 (Lncluding 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 I(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 proved ng 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 Page I 1 of 22 August l2, 2013 Local Assistance Procedures Manual 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.11www dol 9ov/esatwhd/formstwh3471nstr him 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)(1) of Regulations 29 CFR part 5. and that such information is correct and complete, (it) 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 GFR part 3; (ill) 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 Compl;ance' 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 tale 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 falls to submit the required records or to make them available the FHWA may, after written notice to the contractor, the Exhibit 12-C Required Federal -aid Contract Language 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, fai:ure 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 m h=s 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 joumeymen 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 rale 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 fob stem 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 actualty 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 rale) specified in the contractors 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 pard 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 fu I 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 Page 12 of 22 DLA -OB 13-06 August 12, 2013 Local Assistance Procedures Manual 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 rale specified in the applicable wage determination. Tra;nees 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 lasted on the wage determination unless the Administrator of the Wage and Hour D:vislon determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than fu;l fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating In a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rale on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicab'e 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 'ess than the applicable predetermined rale 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. 6. 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 respons2ble for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarmenL 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. 6. 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. DLA -OB 13-06 Exhibit 12-G Required Federal -aid Contract Language 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shad not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of Its subcontractors) and the contracting agency, the U S Department of Labor, or the employees or their representatives 10. Certification of eligibility. a By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm Is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(6)(1). b. No part of this contract shall be subcontracted to any person or fine 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, 16 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 causes 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 rale 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 Page 13 of 22 August 12, 2013 Local Assistance Procedures Manual 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 worts 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 speclatty 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 terra "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 tower 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 tem► if the prime contractor meek 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 teased 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 rtems" shall be construed to be limited to work that requires highly specialized know:edge abilities, or equipment not ordinarily available in the type of contracting organizations qualifed 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 tate 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 DLA -OB 13-06 Exhibit 12-G Required Federal -aid Contract Language requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizat-onal resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4 No portion of the contract shall be sublet. assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shalt 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 30'4 self -performance requirement of paragraph (1, is not applicable to design -build contracts, however, contracting agencies may establish their own sell -performance requirements. VII. SAFETY: ACCIDENT PREVENT10N This provision is applicable to alt Federal -aid construct on contracts and to all related subcontracts 1 In the performance of this contract the contractor shall comply with all appl cab:e Federal, Stale and local laws governing safety, health and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and lake any other needed actions as it determ.nes, 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 o 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 hislher 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 th-s 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 h gh degree of reliability on statements and representat.ons 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 misrepresenlatlon 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, Fort FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places Page 14 of 22 August 12, 2013 Local: Assistance Procedures Manual where It is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as followsi "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-ald 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 bldlproposal 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 3013 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 i80 and 1200 1. Instructions for Certificatlon - First Tier Participants a By signing and submitting this proposal the prospective first tier participant Is providing the certification set out below. DLA -OB 13-06 Exhibit 12-G Required Federal -aid Contract Language 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 :n connection with the department or agency's delerminal on whether to enter into this transaction However fa.lure 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 leams 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 i 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 submining 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 lined "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 ()glens %vw%v,rnls eoy ). 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 Page 15 of 22 August 12, 2013 Local Assistance Procedures Manual 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 transact -on knowingly enters into a rower 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 Stale 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, Slate or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions ;Federal. State or local) terminated for cause or default b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a By signing and submitting this proposal, the prospective lower tier is providing the certification set out below b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances d The terns "covered transaction" "debarred" "suspended " "ineligible," "participant," "person." "principal," and "voluntarily excluded," as used in this clause. are defined In 2 CFR Parts 180 Exhibit 12-G Required Federal -aid Contract Language 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 supplier;). 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. I 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 (hilus. www.erls gnv 9, 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. a Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation sn 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 th.s 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. Page 16 of 22 ULA -OB 13-06 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language 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 5100,000 (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 10 influence an officer or employee of any Federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions 2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31 U S C 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure 3. The prospective participant also agrees by subm4ng its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts. which exceed $104,000 and that all such recipients shall certify and disclose accordingly Page 17 of 22 DLA -OB 13-06 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language 12. FEMA LE AND MI©NORITYGOA LS To comply with Section 11, "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 (1013/1980)] are as follows: Page 18 of 22 DLA -011, 13-06 August 12, 2013 Non -SMSA Counties: CA Kings; CA Madera; CA Tulare 23.6 Page 19 of 22 DLA -OB 13-06 August 12, 2013