CC - Item 5F - Sidewalk Replacement Programs FY 22-23 - Project No. 24009 and ADA Curb Ramps - Project No. 28008 Award of Construction ContractROSEMEAD CITY COUNCIL
STAFF REPORT
TO:
THE HONORABLE MAYOR AND CITY COUNCIL
FROM:
BEN KIM, CITY MANAGER
DATE: APRIL 25, 2023
SUBJECT: SIDEWALK REPLACEMENT PROGRAM FY22-23 - PROJECT NO. 24009
AND ADA CURB RAMPS — PROJECT NO. 28008 — AWARD OF
CONSTRUCTION CONTRACT
SUMMARY
As part of the City's Fiscal Year 2022-2023 Capital Improvement Program, the City Council
approved the Sidewalk Replacement Program FY22-23 and ADA Curb Ramps projects (Project).
The Project consists of removal and replacement of existing damaged concrete sidewalk, curb and
gutter, ADA curb ramps, and removal and replacement of existing trees that have caused damage
to concrete infrastructure in the City's right-of-way. On April 13, 2023, the City received three (3)
sealed bids. Based on staff's comprehensive bid analysis, the bid submitted by CT&T Concrete
Paving, Inc. in the amount of $479,053.68, is determined to be the lowest responsive bid.
On March 21, 2023, staff published a Notice Inviting Bids. Bids were received through the City's
Planetbids portal until 10:30 a.m. on Thursday, April 13, 2023. The City received three (3) bids
with the following results:
Contractor from low to high amount
Location
Bid Amount
CT&T Concrete Paving, Inc.
Diamond Bar, CA
$479,053.68
Onyx Paving Company, Inc.
Anaheim, CA
$636,000.00
EBS General Engineering, Inc.
Corona, CA
$701,940.00
Staff conducted a bid analysis for apparent low bid submitted by CT&T Concrete Paving, Inc. and
verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and
federal debarment files, and references. The bid submitted by CT&T Concrete Paving, Inc. in the
amount of $479,053.68 is determined to be the lowest responsive bid.
AGENDA ITEM 5.F
City Council Meeting
April 25, 2023
Page 2 of 3
Additional Funding Appropriation
During the design phase of the Project, staff identified additional locations in need of new curb,
and repair of damaged existing concrete sidewalk, curb, and gutter. Based on the additional scope
of work, staff recommends appropriating additional Measure R funds in the amount of $175,000
to fund the Project.
STAFF RECOMMENDATION
It is recommended that the City Council:
Authorize the City Manager to execute a construction contract with CT&T Concrete
Paving, Inc. in the amount of $479,053.68. In addition, authorize an amount of
$47,905.36 (10%) as a contingency to cover the cost of unforeseen construction
expenses, for a total construction budget of $526,959.05
2. Adopt Resolution No. 2023-24 amending the City's Fiscal Year 2022-23 CIP Budget
to appropriate additional funds in the amount of $175,000 from the Measure R Funds
to increase funding for the Sidewalk Replacement Program FY22-23 and ADA Curb
Ramps projects, for a total Project budget of $536,000.
FINANCIAL IMPACT
The Project included in the Fiscal Year 2022-23 CIP budget and consists of $250,000 in Measure
M, $60,000 in Measure R Funds, and $51,000 in TDA Art -3 Funds, for a combined total approved
budget of $361,000. Staff is requesting to appropriate an additional $175,000 in Measure R Funds
to increase the total Project budget to $536,000. Sufficient funding is available in the Measure R
Funds to appropriate the necessary budget required to complete the Projects.
The following is the breakdown of the construction phase budget:
Construction Contract
$479,053.68
Construction Contingency (10%)
$47,905.37
Total Construction Budget
$526,959.05
ENVIRONMENTAL REVIEW
The proposed work involves the rehabilitation of an existing public facility; therefore, the project
is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
STRATEGIC PLAN IMPACT
The project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and
Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with
City Council Meeting
April 25, 2023
Page 3 of 3
relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding
the use of wireless network technology and renewable energy.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ed to Chan, P.E., T.E.
City Engineer
Submitted by:
Michael Chung, P.E.
Director of Public Works
Attachment A: CT&T Concrete Paving, Inc. Bid Proposal
Attachment B: Project Bid Package
Attachment C: Construction Contract Agreement with CT&T Concrete Paving, Inc.
Attachment D: Resolution 2023-24
Attachment A
CT&T Concrete Paving, Inc.
Bid Proposal
BIDDER: CT&T Concrete Paving Inc.
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
SECTION 1 - BID SCHEDULE
CONTRACT BID FORMS
CBF -1
BIDDER: CT&T Concrete Paving Inc.
BASE BID SCHEDULE
SCHEDULE OF PRICES FOR
CITYWIDE SIDEWALK, CURB & CUTTER REPLACEMENTS
PROJECT No. 24009
NO.
ITEM DESCRIPTION
UNIT
EST.
UNIT
ITEM
CITY.
PRICE
COST
1
Remove existing mature trees uplrfting
EA
38
$ 7:7?.
sidewalk.
Install new 24 -inch box tree, per SPPWC
5204 (lagerstroemia indica'Muskogee' or
2
Cercis canadensisforest pansy). Work
EA
34
$) U
$ 3 7, 740
shall include restoration of parkway to
match grade and elevation.
Remove existing and construct new PCC
ADA ramps, as listed per Appendix D:
3
Concrete Repair Location Index and per
71 D L,
cJ to, 2 0-0
SPPWC, Std. Plan No: 111-5. Case and
EA
13
$
$
type will be determined in the field by City
representative.
Install truncated domes at each location,
as listed per Appendix D: Concrete
4
Repair Location Index. Remove 3'x4'
EA
9
$ 12 0
$ 112. 5 c,
concrete segment of curb ramp and
install cast in place truncated domes per
SPPWC Std, Plan No: 111-5.
Install 4" PCC pathway at Garvey Center
(9108 Garvey Ave) and set slope to drain
away from the existing building. Work
shall include installation of
5
weatherproofing material / concrete vapor
SF
236
; 5. L u
$
t: ]. 2 '
$
barrier across the exposed building's
spread footing to keep water intrusion into
the building prior to pouring PCC. Means
& method shall be industry standard for
"Basement Water ofing Barrier"
Install an 8 -inch retaining curb at Garvey
c
`4,
6
Park 7933 Emerson PI, as detailed on
LF
265
$ -'
$ %
Appendix F: Garvey Dog Park.
Remove and replace PCC curb and
gutter per SPPWC STD Plan 120.3 to
7
match existing. Work shall include
LF
20
$ 7 �
j � 0
$ p
replacement of metal curb edge and AC
slot patch (reconstruction of 1 Foot Strip
X 8" Deep of AC Pavement Section).
CBF -2
BIDDER: CT&T Concrete Paving Inc.
N0.
ITEM DESCRIPTION
UNIT
EST.
QTY.
UNIT
PRICE
ITEM
COST
Remove existing and construct new PCC
8
Sidewalk, 4" thick, as listed per Appendix
D: Concrete Repair Location Index and
SF
9,116
$ / " '
$ !t'�f; t tom'
per SPPWC, Std, Plan No. 112-2.
Remove existing and replace PCC
9
driveway approach per SPPWC Std Plan
110-2 to match existing. Type will be
SF
3,781
j
$ I T7
$ a 2 ; 1 J'
determined in the field by City
representative.
Remove existing and construct new PCC
gutter/cross gutter, as listed per Appendix
10
D: Concrete Repair Location Index and
per SPPWC, Std. Plan No: 122-3 & 123-
3. Work shall include AC slot patch
SF
1,144
(reconstruction of 1 Foot Strip X 8' Deep
of AC Pavement Section),
Remove existing and construct new PCC
11
curb and gutter, as listed per Appendix D:
Concrete Repair Location Index and per
LF
1,036
$
$ n G'; 7 L
SPPWC, Std. Plan No: 120-3, to match
existing, complete and in dace.
12
Traffic Control and Mobilization
LS
1
$ ��'
$ �, !6, 0
TOTAL BID AMOUNT IN NUMBERS
$ J 71,653-64
TOTAL BASE BID AMOUNT IN WORDS: l2' Ur HU i o{rr.oL L Ve -..7+j
J`�1tii.'SCvtaa,E, F7{-1,,j-T/,,.c-rc�. 1c�lr-r5 �:-•,,.-nt.- .S�,rfi�f - c''-_'�f C.rs'
The award of Contract shall be based on the TOTAL BASE BID AMOUNT only.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended
Full compensation for the items listed to the
right as Items A, B, C, D and E are considered
as inclusive in each Bid Item listed above in
the Base Bid Schedule and Additive Alternate
Bid Schedule as applicable, and no additional
and/or separate compensation will be allowed.
/ Demobilization
B. Traffic Control
C. NPDES, W WECP, and Best Management
Practices (BMPs), Public Convenience and
I D. Construction Stakine by Land Survevor I
I E. Clearine and Grubbine I
CBF -3
BIDDER: CTBT Concrete Paving Inc.
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses,
taxes, royalties and any and all other incidental costs to complete the project, in compliance
with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity
shown and to delete any item from the contract and pay the contractor at the bid unit prices so
long as the total amount of change does not exceed 25% (plus or minus) of the total bid
amount for the entire project. If the change exceeds 25%, a change order may be negotiated to
adjust unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the
work per bid and contract documents and all applicable codes and standards are assumed to be
included in the bid prices.
A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to
calculate total bid amount, and that final compensation under the contract will be based upon
the actual quantities of work satisfactorily completed.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from
and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and
a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy
between the wfitten amount of the Bid Price and the numerical amount of the Bid Price, the written
amount shall govern.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
Dollars ($ ) said amount being not less than ten
percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained
by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required
bonds, certificates and endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award
for the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all
other documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2)
evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract
CBF -4
BIDDER: CT&T Concrete Paving Inc.
resulting therefrom; and (3) any other information and documentation, financial or otherwise,
needed by Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
of five hundred dollars ($500.00) per calendar day if project is not completed within the working
days specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working
Days from the date of the Notice of Proceed and subiect to the terms and conditions described in
the Contract Form and the Contract Documents.
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
The Bidder declares that he/she has carefully read and examined the project plans, specifications,
bid documents, and he/she has made a personal examination of the site (indicate name of the
person, representing the bidder, who inspected the site and date below) and that he/she understands
the exact scope of the Project.
Name of Person who inspected the site:
Date of Inspection:
Jose Carvajal
04/12/2023
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in
this Proposal:
Addendum No. 1
Dated 04/07/2023
Addendum No.
Dated
Addendum No.
Dated
Addendum No.
Dated
CBF -5
BIDDER: CT&T Concrete Paving Inc.
PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance 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 has _ , has not 2 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 checkmark after 'has' or 'has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall 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 X
If the answer is yes, explain the circumstances in the following space.
CBF -6
BIDDER: CT&T Concrete Paving Inc.
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, 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 the Contractor within the immediately preceding two-year period because of the Contractor's
failure to comply with an order of a federal court which orders the Contractor to comply with an order of the
National Labor Relations Board
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
CBF -7
0
Jose Carvajal
Type or Print Name
President
Title
BIDDER: CT&T Concrete Paving Inc.
324 S. Diamond Bar Blvd, PMB 275
Business Street Address
Diamond Bar, CA 91765
City, State and Zip Code
909-629-8000
Telephone Number
Bidder's/Contractor's State of Incorporation: California
Partners or Joint Venturers:
M.
Bidder's License Number(s): 875627
Department Industrial Relations
Registered No.
NOTES:
1000025154
By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of
the representations made on the Contract Bid Forms.
If Bidder is a corporation, enter State of Incorporation in addition to Business Address
If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
corporation, partnership or joint venture has the authority to do so.
CBF -8
BIDDER: CT&T Concrete Paving Inc.
SECTION 2
BID DATA FORMS
CBF -9
BIDDER: CT&T Concrete Paving, Inc.
Bidder shall submit its Bid data in accordance with the tixntat shown on each of the 101lowing Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY TI IESE PRFSI-:NTS:
THA -I- CT&T Concrete Paving, Inc.
as Principal, and Contractors Bonding and Insurance Company
_ _ _ _ as Surety, are held firmly bound unto the
CITY OF 14 SEMEAD (hereinafter called the OWNER) in the sum of
Ten Percent of Total Bid Amount
DOLLA ..A R S
($ 10% of Total Bid Amount ). being not less than ten percent ( 10%) of the Total
Bid Price:. for the payment of which sum will and truly to be made, we bind
ourselves, our heirs. executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS. said Principal has submitted a bid to the OWNER to perform all Work
required for the CITYWIDE SIDEWALK, CURB & GUTTER
REPLACEMENTS —as set forth in the Notice Inviting Bids and accompanying
Bid Documents, dated April 13, 2023
NOW, THEREFORE-:, if said Principal is awarded a Contract lbr the Work by the
OWNER and, within the [lite and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance
and the other to guarantee payment fix labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shall be null and void:
otherwise it shall remain in full force and effect. In the event suit is brought upon
this bond by the OWNER andjudgment is recovered, said Surety shall pay all costs
incurred by the OWNER ill such suit. including reasonable attorneys' lees to be
fixed by the court.
SIGNED AND SEALED. this 7th day of April 23
Contractors Bonding and
CT&T Concrete Paving, In p. - (SEAL,) Insurance Company
Princi:1g11
Surety
u = Signature Emi e G ge, Attorney -in -Fact
CBF -10
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles }
On I0. 7z-f.,z-z, before me, Daniel A. Butler, A Nota ublic
—(ee ,mom the •7♦iie-uercal
personally appeared TC s G s
who proved to me on the basis of satisfact ry evidence to be the person(s) whose
name( -s) Is re subscribed to the within instrument and acknowledged to me that
<Bthefthey executed the same in Is erttheir authorized capacity(ies), and that by
Is erftheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
BUTLER
WITNESS my hand and official seal. oma
F? Notary publiic- cathrnia
Los Angeles County
MY
Notary
Cantu. Fxdras PAaY2 X128
Notary Public Signature (Notary Public Seal)
W11110111WO-11111111
OF THE ATTACHED DOCUMENT
(TNe or description of aCached dowmenQ
(Tile or descnptlon oto/ached document continued)
of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
vrrrtr.NotaryC:lassas.,xm 80E1-873-9ao5
INSTRUCTIONS FOR COMPLETING TIIIS FORM
JN Phisform complies with cnurenl Callforma statures regarding notary wording and
if needed( should be completed and attached to the document. Acknowledgments
from other states may be compietadfor documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County inforalion must be the State and Comity where the document
signetts) personally appeared before the notary public for acknowletlgmem.
• Date of notarization must be the date tint the siyter(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or bar
Commission followed by a connna and then your title (notary public).
• Print the name(s) of document signals) who personally appear at the time of
notarization.
• Indicate die corset singular or plural forms by crossing off inciureet fors (i.e.
he/shdthey� is/am)or circling the correct forms. Failure to correctly indicate this
infuriation may lead to rejection of document recording.
• The notary seal impassion most be clear and photographically reproducible.
Impression most not cover teat or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment Turin.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional infuriation is not required but could help to ensure this
acknowledgment is net misused or attached to a different document.
Indicate title or type of attached document. number of pages unit date.
e Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO. Secretary).
• Securely attach this document to the signed document with a staple,
ARIZONA NOTARY ACKNOWLEDGMENT
State of Arizona
County of Maricopa
On this APR 0 7 2023 before me
Danielle Hanson
[Name of Notary Public]
personally appeared Emilie George whose identity was proven
[Name of Signer]
to me on the basis of satisfactory evidence to be the person who he or she claims to be, and
acknowledged that he or she signed the above/attached document.
(Seal)
[Affix Seal Here]
Witness my hand and official seal.
I rr
Signature of Notary Public
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9035 N. Lindixngh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know AM Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed. but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation. (separately and
together, the "Company") do hereby make, constitute and appoint:
Yung T. Mullick. James W. Mailmen, P Austin `Jeff. Irene Luong Emilie George Danielle Hanson Christine Woolford Alexander R
Holsheimer, jointly or severally
in the City of Mission Viejo , State of California its true and lawful Agent(s) mid Attomey(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
(_ $25,000.000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall he as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a toe and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit -
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the naive of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 15th day of
February 2023 .
.. " ro RLI Insurance Company
•s.cano,y'.. ,dam` pAHCF06,
� 4 ('ontractors Bonding and Insurance Company
ee'ron.r�,. CAn r�
EAL.�V SEAL,`y Barton W. Davis Vice ]'resident
:a.
State of Illinois ", aameK ,'9a.,,�Q(tN0\g„ec••
SS
County of Peoria J} CERrIF'ICAfE
On this 15th day of February . 2023 , beliue me. a Notary Public,
personally appeared Barton W. Davis , who being by me duly swum.
acknowledged that he signed the above Power of Attorney as the alixesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to he the voluntary
act mid deed ofsaid corporation.
By: �• G.psavcJ-'
Catherine D. Geiger 9 Notary Puhlie
CATHERINE D. GEIGER
wazcOFFICIAL SEAL
Notary Public - Stene of Illinois
My Commission Expres
�06T” December 05.2026
I. the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company. do hereby cerlify
that the attached Power of Attorney is in full force and effect and is
irrevocable: and Ibrthermore. that the Resolution of the Company as
set forth in the Power of ,Attornev, is now in force. In testimony
whereol: I hme hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bonding and Insurance
Company this 7th day of April . 2023 .
RLI Insurance It ompany
Contractors Bonding and Insurance Company
By: _ `.t�13 +f-- Z.
Jelfrey 1I ic��C'orporate SecretanSecretan
Ni .5.121,11
A0058D19
BIDDER: CT&T Concrete Paving Inc.
2.13 LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will
perform work, labor or render service to Bidder in or about the construction of the Work
in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total
Bid Price, or, in the case of bids or offers for the construction of streets or highways,
including bridges, in excess of one-half of I percent of the Contractor's total bid or ten
thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of
the Work which will be done by each subcontractor. Bidder shall list only one
subcontractor for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to
submit the information requested by the Owner about each subcontractor, other than the
name and location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion ofthe Work in excess of one half of one percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of 1 percent of
the Contractors total bid or ten thousand dollars ($10,000), whichever is greater, for which
no subcontractor was designated in the original bid shall only be permitted in cases of
public emergency or necessity, and then only after Owner approval.
CBF -11
BIDDER: CT&T Concrete Paving Inc.
2.B LIST OF PROPOSED SUBCONTRACTORS (continued)
["*Duplicate Next 2 Pages if needed for listing additional subcontractors."]
Name and Location Description of Work
of Subcontractor to be Subcontracted
Tree Service Inc
Tree Removals
Address:10815 Brockway Ave, EI Monte, CA
License No.: 1 n5B347
Department of Industrial Relation Registration No. PW -LR -1000513678
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
Name: V&A Tree Service Tree Planting
Address: 13221 Rainbow Street, Garden Grove CA 92843
License No.: 904457
Department of Industrial Relation Registration No, 100n028274
Name and Location
of Subcontractor
Name:
Address:
License No.:
Department of Industrial Relation Registration No.
Description of Work
to be Subcontracted
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
License No.:
Department of Industrial Relation Registration
Name and Location
of Subcontractor
Name:
Address:
License No.:
Description of Work
to be Subcontracted
Department of Industrial Relation Registration
CBF -12
BIDDER: CT&T Concrete Paving Inc.
2.0 REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
i of Rancho Palos'
Name and Address
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Owner
Anthony Flores, 562-547-8555
Name and telephone number of person familiar with project
$242,088.00 ADA Curb Ramp Improvements 3/31/2023
Contract amount Type of Work Date Completed
2.
City of Orange, 300 E. Chapman Ave, Orange, CA 92866
Name and Address of Owner
Salvador Munoz, 714-7445547
Name and telephone number of person familiar with project
Annual Concrete Replacement
$775,280.00 at Various Locations 07/21/2022
Contract amount Type of Work Date Completed
3.
City of Moreno Valley, 14177 Frederick St, Moreno Valley, CA 92553
Name and Address of Owner
Quang Nguyen, 951-413-3159
Name and telephone number of person familiar with project
$651,300.00 ADA Curb Ramp Improvements 08/30/2022
Contract amount Type of Work Date Completed
CBF -13
BIDDER: CT&T Concrete Paving Inc.
4. Los Angeles County Department of Public Works, 900 S. Fremont Ave, Alhambra, CA 91804
Name and Address of Owner
Cesar Orellana, 562-869-1176
Name and telephone number of person familiar with project
$3,000,000.00 Parkway Concrete Maintenance 08/03/2022
Contract amount Type of Work Date Completed
CBF -14
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Los Angeles }
On 12 -"- 7-z)z before me, Daniel A. Butler, A Nota PubH
/ ere smart remea c e Iced
personally appeared jvs
who proved to me on the basis of satisfactory evidence to be the person(* whose
name(,,) `,,(Mare subscribed to the within instrument and acknowledged to me that
the/they executed the same inff�yherltheir authorized capacity(ies), and that by
Is erltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ky Catlm. Fxpres Mayz10Z6
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed fmdocuments being sent to that state so long
as the wording does not require the CaIjibrma notary to violate California notary
law.
(Title or deacdpfion of attached document) • Stare and County inr'omration must be the State and Cowity where the document
signer(s) personally appeared before the notary public for acknowledgment.
--------- --- -. ------------ • Date of notarization must be the date that the signer(s) personally appeared which
(TNe or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages _ Document Date commission followed by a comma and then your title (noon, public).
• Print the name(,,) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
❑ Individual (s) he,'she'they,- is rare) or circling the comet forms. Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer a The notary seat impression must be clear and photographically reproducible.
lmpnssion must not cover text in lines. If seal impression smudges, re -seal if a
. (Title) sufficient area permits, otherwise complete a different acknowledgment fort.
❑ Partner(s) • Signature of the notary public must match the signature on rile with the o1Tw of
the county clerk.
[J Attorney -in -Fact } Additional information is not required but could help to ensure this
L] Trustee(s) - acknowledgment is not misused or attached to a different document.
❑ Other J Indicate title or type of attached document. number of pages and date.
Indicate the capacity claimed by die signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO. CFO, Secretary).
'tant.NntaryClasses.cnm G00-HT.3l' r Securely attach this document to the signed document with a staple.
Attachment B
Project Bid Package
CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
FISCAL YEAR 2022-2023
A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT*
IN THE CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2150 FAX: (626) 307-9218
BIDS DUE: THURSDAY, APRIL 13, 2023 AT 10:30 AM
*THIS PROJECT IS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
TABLE OF CONTENTS
BIDDING DOCUMENTS
1. Notice Inviting Bids............................................................ NIB- 1 - NIB -2
2. Instructions to Bidders..............................................................ITB-1 -ITB-10
3. Contract Bid Forms............................................................CBF-1 -CBF-16
CONTRACT AGREEMENT
Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part
"A"
General Provisions.........................................GP-1 — GP -34
Part
'B"
Supplemental General Conditions ......................GC -1 — GC -10
Part
"C"
Technical Provisions......................................TP-1 —TP -1
Part
"D"
Appendix
Appendix A — Federal Requirements
Appendix B — Standard Plans (from SPPWC 2021 Edition)
Appendix C —City of Rosemead Quadrant Map
Appendix D — Concrete Repair Location Index
Appendix E — Garvey Dog Park
City of Rosemead, Califomia Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
INSTRUCTION TO BIDDERS
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
INSTRUCTIONS TO BIDDERS
All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted,
capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix.
All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have
meanings as defined therein.
1. AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for
the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may
be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the
documents by visiting the PlanetBid Portal(https://pbsystem.planetbids.com/portal/54150/portal-home).
Hard copy of the bid package will not be mailed.
2. EXAMINATION OF BID DOCUMENTS
The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely
responsible for examining the Project Site and the Bid Documents, including any Addenda issued during
the bidding period, and for informing itself with respect to local labor availability, means of transportation,
necessity for security, laws and codes, local permit requirements, wage scales, local tax structure,
contractors' licensing requirements, availability of required insurance, and other factors that could affect
the Work. Bidders are responsible for consulting the standards referenced in the Contract titled
Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for
error or omission will be given except as required under State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by
Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose
to make forpurposes of interpretation or clarification, will be in writing and made available to all the listed
holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries
received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole
judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires
a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents.
The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of
the Bid Documents.
The bidding process and terms and conditions will be in strict accordance with the following Bid
Documents:
a. Notice Inviting Bids
b. Instructions to Bidders
C. Contract Bid Forms
d. Contract
e. Contract Appendix
Part "A" General Conditions
Part "B" Supplementary General Conditions
ITB -1
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
Part "C Technical Provisions
Part "D" Appendix
Any Addenda Issued by the Owner
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site
(which may include more than one site), as well as those relating to the construction and labor ofthe Project,
to fully understand the facilities, difficulties and restrictions which may impact the total and adequate
completion of the Project.
5. ADDENDA
The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any,
shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues
an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires
material changes, additions or deletions to the description of the work to be performed or the content, form
or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72
hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the
date set for opening bids be postponed. The announcement of the new date, if any, shall be made by
Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which
Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the
Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other
proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and
provided such current information. Please Note: Bidders are primarily and ultimately responsible for
ensuring that they have received any and all Addenda. To this end, each Bidder should contact the
Development Services Department to verify that he has received all Addenda issued, if any.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt
of all Addenda may cause its Bid to be deemed incomplete and nonresponsive.
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The
use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will
not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by
an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all
blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or
erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter
on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A
TYPEWRITER IS REQUIRED.
7. ALTERNATE BIDS
If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the
basis of the base bid only, but the Owner may choose to award the contract on the basis of the base
bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate
ITB - 2
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
bid items has already been factored into the Contract Time, no additional Contract Time will be awarded
for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid
items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure
that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will
be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one
or more particular bid items.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each
Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in
accordance with the instructions herein.
Unauthorized conditions, limitations, exclusions orprovisions attached to a Bid will render it nonresponsive
and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the
Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR
MODIFICATIONS WILL NOT BE CONSIDERED.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked
to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of
Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any
Contract arising therefrom.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney
executed by each joint venture or partner appointing and designating one of the joint ventures or partners
as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall
execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint venture or partner to
act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall
bejointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid
and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or
partner on behalf of the joint venture or partnership in its legal name.
10. BID GUARANTEE (BOND)
Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be
submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as
authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid
Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a
guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work
and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and
endorsements, and any other certifications as may be required by the Contract. By submitting a proposal,
each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and
other information or documentation described above would result in damage to the Owner, and that it would
be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each
bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is
ITB - 3
City of Rosemead, Califomia Cftywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other
information or documentation described above, except as may otherwise be required by California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in
the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the
form furnished by the Owner, or one substantially in conformance with the Owner's form if previously
approved in writing by the Owner.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent
national bank.
After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract,
submitted the necessary bonds, original insurance certificates and endorsements, and any other
certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each
particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all
Bidders their Bid guarantees
11. SUBNIISSION OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set forth above, they
shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials
required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid
to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL,
TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the
following in the lower left-hand comer thereof:
Bid of (Insert Name of the Company)
for CITYWIDE SIDEWALK CURB & GUTTER REPLACEMENTS
No consideration shall be given by the Owner to bid proposals received after the date and time set for the
opening of bids as provided in the Notice Inviting Bids.
Alternatively, bids can be submitted electronically through PlanetBids at:
httr)s://i)bsystem.121anetbids.com/r)ortal/54150/aortal-home
12. DELIVERY AND OPENING OF BIDS
Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time
shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any
such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its
Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will
be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves
the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such
waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids
ITB - 4
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
received. In the event of a discrepancy between the written amount of the Bid Price and the numerical
amount of the Bid Price, the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed
by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or
refuses to sign a Contract, or to famish the bonds, certificates and endorsements required below within the
time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash,
cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the
Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner
because of the damage resulting from the delay in the execution of the Contract and in the performance of
Work thereunder.
14. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City
Council will make all necessary decisions and awards. The apparent successful bidder should at this point
begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the
required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful
bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the
required documents and certifications. Regardless whether the successful bidder supplies the required
documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working
Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and
executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed
to that successful bidder.
15. DESIGNATION OF SUBCONTRACTORS
Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will
perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent
(0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform.
Bidders must make these designations, as well as any others requested by the Owner, on the document titled
"List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public
Contract Code Section 4104, the Owner has determined that it will allow Bidders twentyfour (24) additional
hours after the deadline for submission of bids to submit the information requested by the Owner about
each subcontractor, other than the name and location of each subcontractor.
16. LICENSING AND REGISTRATION REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract
Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5
of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified
to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty
subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of
the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently
licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be
nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the
III:II.7
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid
license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the
Contract.
17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm,
corporation orotherentity that has submitted a subproposal to abidder, orthat has quoted prices ofmaterials
to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders
submitting a bid to the Owner.
18. INSURANCE REQUIREMENTS
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four
identical counterparts of all required insurance certificates and endorsements as specified in the Bid
Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid
Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VIII, licensed to do business in California, and satisfactory to the Owner.
19. REQUIRED BIDDER CERTIFICATIONS
Bidders must comply with the following:
A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to
various information, including but not limited to, the accuracy of the representations made in the Contract
Bid Forms.
B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each
Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the
Bid Documents.
20. BASIS OF AWARD; BALANCED BIDS
The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as
required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid
which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not
accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or
exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must
ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses
which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly
weights or allocates overhead and profit to one or more particular bid items.
21. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's
protest to be considered valid, the protest must:
A. Be filed in writing within five (5) Working Days after the bid opening date.
ITB - 6
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
B. Clearly identify the specific accusation involved.
C. Clearly identify the specific Owner Staff/Board recommendation being protested.
D. Specify, in detail, the grounds of the protest and the facts supporting the protest.
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each and every one of these requirements, it will be rejected as invalid.
If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review
the basis of the protest and all relevant information. The Project Manager will deny or concur with the
protest and provide a written decision to the protestor. The protestor may then appeal the decision of the
Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny
the protest and approve the project at the same hearing.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded
shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the
form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion
of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in
the State of California and satisfactory to the Owner.
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment
Bond shall also be for one hundred percent (100%) of the Total Bid Price.
Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor
and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and
Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify
this requirement for subcontractor bonds in his written or published request for subcontractor bids
23. EXPERIENCE AND TECHNICAL REQUIREMENTS
Bidders are required to provide the experience and qualification information required as part of the Contract
Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine
whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder
shall answer all questions and provide information requested by the Contract Bid Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay California
sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with
authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the
Bid Documents.
25. EXECUTION OF CONTRACT
The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and
furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds,
ITB - 7
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract
and the bonds for both the Bidder and its surety or sureties are duly empowered to do so.
26. OWNER RIGHTS
The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of
information furnished by a Bidder, and require additional evidence of qualifications to perform the work
described in these Bid Documents. The Owner reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the Owner.
B. Issue subsequent Notices Inviting Bids.
C. Cancel this entire Notice Inviting Bids.
D. Appoint evaluation committees to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner
to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract.
27. BIDDER'S RESPONSIVENESS
The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A
Bid must be in strict compliance with the commercial and technical specifications, without exception. Only
Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not
meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and
returned to the Bidder's representative.
28. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
A. Completed and property executed Bid Letter (Including a completed Total Bid
Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or
partner/joint venturer information (if applicable), completed license number, and signature by
authorized company officer);
B. Completed Bid Data Forms (including valid and properly executed Bid Bond for
10% of the Total Bid Price and a completed List of Proposed Subcontractors);
C. Properly executed Non -Collusion Affidavit; and
D. Completed and properly executed Bidder Information Forms.
If the Bidder is ajoint venture, each joint venturer shall prepare and submit a separate form. Extra forms,
if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary.
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
A. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below.
ITB - 8
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
(1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or
a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or
persons having the authority to do so. Proof of the authority to act on behalf of the
firm must be submitted when requested. The proof shall be in the form of a
certified copy of an appropriate corporate resolution, certificate of partnership or
joint venture, or other appropriate document. If Bidder is an entity made up of
multiple parties and no person or persons are designated to act on its behalf, all
parties shall execute the Bid.
(3) Addenda - Receipt of addenda must be acknowledged in the space provided in the
Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on
the printed matter of the Contract Bid Forms or Bid Letter.
(5) Corrections shall be initialed by the person who signs the Bid Letter.
(6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as altering
the requirements of the specifications or the terms and conditions of the Contract
will render the Bid nonresponsive and disqualify the Bidder from consideration for
award.
B. List of Proposed Subcontractors (Forms).
State law prohibits substitution of subcontractors listed in the original Bid except as otherwise
provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required
to list all Subcontractors whose participation in the Contract will exceed one-half of one percent
(0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as
set forth below.
(1) Name. List the name of Subcontractors who will perform work in excess of one
half of one percent (0.5%) of the Total Bid Price.
(2) Location. For listed Subcontractors, identify the location of its place of business
(City and State).
(3) Work. For listed Subcontractors, identify the type/portion of work to be performed
in the Contract.
(4) Contractor License Number. For listed Subcontractors, list the contractor license
number issued to the Subcontractor by the California Contractors State License
Board.
ITB -9
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009
(5) Registration with Department of Industrial Relations. For listed Subcontractors,
include evidence of registration with the Department of Industrial Relations as
required by Section 1725.5 of the Labor Code.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders
twenty-four (24) additional hours after the deadline for submission of bids to submit the information
requested by the Owner about each subcontractor, other than the name and location of each subcontractor.
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of
the Contract. The Owner reserves the right to consider the financial responsibility and general competency
of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder
shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and
income statement. Owner expects that each Bidder willfully and truthfully disclose all information required
of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as
being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it:
A. Has or can secure adequate financial resources to perform the contract;
B. Is able to meet the performance or delivery schedule of the contract, taking into
consideration other business commitments; and
C. Has a satisfactory record of performance. A contractor seriously deficient in current
contract performance, considering the number of contracts and extent of the deficiencies,
is presumed not to meet this requirement unless the deficiencies are beyond its control or
there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence
of such satisfactory performance record should show that the contractor:
(1) Has a satisfactory record of integrity in its dealings with government agencies and
with subcontractors, and is otherwise qualified to receive an award under
applicable laws and regulations;
(2) Has the necessary organization, experience, satisfactory safety record, accounting
and operational controls and technical skills or the ability to obtain them; and
(3) Has the necessary production, construction, and technical equipment and facilities
or the ability to obtain them.
END OF INSTRUCTIONS TO BIDDERS
ITB - 10
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009
CITY OF ROSEMEAD
NOTICE INVITING BIDS
NIB No. 2023-06
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive
electronic bids through PlanetBids at: httys://Pbsystem.i)lanetbids.com/porLaU54150/portal-home OR
sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30
O'clock a.m. on Thursday, the 131" day of April, 2023. Electronic and hardcopv bids will be
publicly posted on PlanetBids and City's website.
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
Bidders shall attend a mandatory pre-bid meeting to acquaint Bidders with the contract
requirements and site conditions that may affect the work. The mandatory pre-bid meeting will be
held on Tuesday, April 4'h, 2023 at 10:00 A.M. in the Rosemead Community Recreation Center at
3936 Muscatel Avenue. The City will only consider Bids submitted by those Bidders who attend
the Mandatory Pre -Bid Meeting. AU other bids will be considered non-responsive and subject to
rejection.
The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway
approaches, and curb ramps Citywide as indicated on the construction plans, including tree removals,
tree replanting and other incidental and appurtenant work necessary for the proper completion of the
project.
The engineer's estimate for this project is in the range of $550,000. The successful bidder shall have
THIRTY (30) working days to complete the work. Liquidated damages shall be $500.00 per calendar
day.
Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the
City's PlanetBids portal. Contractors can register as a vendor and download the documents by visiting
the PlanetBids Portal (bttys://Pbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the
bid package will not be mailed.
SB 854 Requirements:
This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be
listed on a bid proposal for a public works project unless registered and qualified with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered and qualified
with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations. The
bid proposal must include a printout from the DIR registration website showing that the prime
contractor and each subcontractor is currently registered and qualified. No bid proposals will be
accepted nor any contract entered into with a prime contractor without proof of registration as required
N113-1
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009
above. [Unless within the limited exceptions from this requirement forbid proposals only under Labor
Code Section 1771.1(a)]
Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount
of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory
agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total
amount of the bid price.
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date.
FEDERAL CONTRACT PROVISIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT
Davis -Bacon Act and Copeland Anti -Kickback" Act.:
This contract will be funded in whole or in part with federal housing and community development
funds. The Federal Labor Standards Provisions, including prevailing wage requirements ofthe Davis -
Bacon and Related Acts will be enforced. To the extent this Contract is for construction services in
excess of $2,000, the CONTRACTOR agrees at all times during the term of this Contract to comply
with and abide by: (i) the terms of the Davis -Bacon Act(codified at 40 U.S.C. § 3141 et seq., as
supplemented by regulations at 29 CFR Part 5), and that such terns and regulations are a part of this
Contract and incorporated herein by this reference; and (ii) the terms of the Copeland "Anti -Kick
Back" Act ( codified at 40 U.S.C. § 3145 et seq., as supplemented by 29 CFR 3), and that such terms
and regulations are a part of this Contract and incorporated herein by this reference.
This project is a public work in the State of California, funded in whole or in part with public funds.
Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced.
The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et
seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages
and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file
at the City Clerk's office, and is also available online at htto://www.dir.ca.goy/dlsr/.
Apprenticeship Program:
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8,
California Administrative code, Section 200 et seq. to ensure compliance and complete understanding
of the law regarding apprentices.
Section 3 Statement:
To the extent this Project is funded in excess of $200,000, Section 3 regulations are required. Found
under 24 CFR Part 75, the purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD financial assistance are, to the greatest extent feasible, directed to
low- and very low-income persons, particularly those who are recipients of government assistance
for housing.
Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, to the extent this Contract meets the definition
of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1.3, the CONTRACTOR
agrees at all times during the term of this Contract to comply with and abide by the following: (i) that
the equal opportunity clause ("Equal Opportunity Clause") is part of this Contract and incorporated
NIB- 2
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009
herein by this reference in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319,12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended
by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60
and that such implementing regulations are a part of this Contract and incorporated herein by this
reference.).
Debarment and Suspension Certification:
The Contractor certifies that neither Contractor nor any of Contractor's agents, sub -contractors or
employees who may perform services under this contract are debarred, suspended or excluded from
participation in any federal assistance programs in accordance with Executive Orders 12549 and
12689 and its implementing guidelines. The Contractor agrees to immediately notify the Federal
awarding agency if the Contractor or any of the Contractor's agents, sub -contractors or employees
who may perform services under this contract become debarred, suspended or excluded from
participation in federal assistance programs or federal contract transactions.
Contract Work Hours and Safety Standards Act:
To the extent this Contract is in excess of $100,000 and involves the employment of mechanics or
laborers, the Contractor agrees at all times during the term of this Contract to comply with and abide
by the terms of the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et
seq., as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part
of this Contract and incorporated herein by this reference.
Byrd Anti -Lobbying Amendment Certification:
To the extent this Contract is in excess of $100,000, the CONTRACTOR certifies that neither the
CONTRACTOR nor any of the CONTRACTOR's agents, sub -contractors or employees who may
perform services under this Agreement have not used and will not use any Federally appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. The CONTRACTOR agrees to immediately notify the Federal awarding
agency if the CONTRACTOR or any of the CONTRACTOR's agents, sub -contractors or employees
who may perform services under this Agreement influence or attempt to influence any officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352.
Conflict of Interest:
In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict
of interest provisions in 2 CFR 200.112 and 24 CFR 570.611, respectively, shall apply. No employee,
officer or agent of the subrecipient shall participate in selection, or in the award or administration of
a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently
have, nor will it acquire during the term of this Agreement, any interest direct or indirect, by contract,
employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder
holding a one percent (l %) or less interest in publicly traded companies) or affiliate with any business
or business entity that has entered into any contract, subcontract or arrangement with the City. Upon
execution of this Agreement and during its term, as appropriate, the Contractor shall disclose in
inm=
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009
writing to the City any other contract or employment during the term of this Agreement by any other
persons, business or corporation in which employment will or may likely develop a conflict of interest
between the City's interest and the interests of the third parties.
The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, disability, sex or national origin in the consideration for an
award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor
Code. Compliance with the prevailing rates of wage and apprenticeship employment standards
established by the State Director of Industrial Relations will be required.
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business
and Professions Code of the State of California. Bidder shall have a Class "A" license in good
standing at the time Bids are received.
The Council reserves the right to reject any and all bids and to waive arry informality, technical
defect, or minor irregularity In anv bid submitted.
An award of service shall not be final until the bids have been reviewed and a Contract Agreement
with the City has been signed by the lowest responsible bidder and by the City.
Award of Contract Agreement is proposed for April 25°i, 2023.
This project is funded in part by the U.S. Department of Housing and Urban Development ("HUD").
Consistent with federal regulations found in 24 CFR 135, participation on this contract is applicable
to "Section 3" requirements pursuant to 24 CFR 135.3(d). Bidders shall refer to the Instructions to
Bidders for additional information regarding "Section 3" requirements.
Dated this March 22, 2023
Ericka Hernandez
City Clerk
Publish: March 23`d & 301', 2023.
NIB -4
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
SECTION 1 -BID SCHEDULE
CONTRACT BID FORMS
CBF -1
BASE BID SCHEDULE
SCHEDULE OF PRICES FOR
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
N0.
ITEM DESCRIPTION
UNIT
EST.
UNIT
ITEM
QTY.
PRICE
COST
Remove existing mature trees uplifting
1
sidewalk.
EA
38
$
$
Install new 24 -inch box tree, per SPPWC
520-4 (lagerstroemia indica'Muskogee' or
2
Cercis canadensis'forest pansy). Work
EA
34
$
$
shall include restoration of parkway to
match grade and elevation.
Remove existing and construct new PCC
ADA ramps, as listed per Appendix D:
Concrete Repair Location Index and per
3
SPPWC, Std. Plan No: 111-5. Case and
EA
13
$
$
type will be determined in the field by City
representative.
Install truncated domes at each location,
as listed per Appendix D: Concrete
4
Repair Location Index. Remove 3x4'
EA
9
$
$
concrete segment of curb ramp and
install cast in place truncated domes per
SPPWC Std. Plan No: 111-5.
Install 4" PCC pathway at Garvey Center
(9108 Garvey Ave) and set slope to drain
away from the existing building. Work
shall include installation of
5
weatherproofing material / concrete vapor
SF
236
$
$
barrier across the exposed building's
spread footing to keep water intrusion into
the building prior to pouring PCC. Means
& method shall be industry standard for
"Basement Water rcoiling Barrier"
Install an 8 -inch retaining curb at Garvey
6
Park 7933 Emerson PI, as detailed on
LF
265
$
$
Appendix F: Garvey Dog Park.
Remove and replace PCC curb and
gutter per SPPWC STD Plan 120-3 to
7
match existing. Work shall include
LF
20
$
$
replacement of metal curb edge and AC
slot patch (reconstruction of 1 Foot Strip
X 8" Deep of AC Pavement Section).
CBF -2
[.1101:11
N0.
ITEM DESCRIPTION
UNIT
EST.
QTY.
UNIT
PRICE
ITEM
COST
Remove existing and construct new PCC
8
Sidewalk, 4" thick, as listed per Appendix
D: Concrete Repair Location Index and
SF
9,116
$
$
per SPPWC, Std. Plan No. 112-2.
Remove existing and replace PCC
driveway approach per SPPWC Std Plan
9
110-2 to match existing. Type will be
SF
3,781
$
$
determined in the field by City
representative.
Remove existing and construct new PCC
gutter/cross gutter, as listed per Appendix
D: Concrete Repair Location Index and
10
per SPPWC, Std. Plan No: 122-3 & 123-
SF
1,144
$
$
3. Work shall include AC slot patch
(reconstruction of 1 Foot Strip X 8" Deep
of AC Pavement Section).
Remove existing and construct new PCC
curb and gutter, as listed per Appendix D:
11
Concrete Repair Location Index and per
LF
1,036
$
$
SPPWC, Std. Plan No: 120-3, to match
existria. , com lete and in place.
12
Traffic Control and Mobilization
LS
1
$
$
TOTAL BID AMOUNT IN NUMBERS
$
TOTAL BASE BID AMOUNT IN WORDS:
The award of Contract shall be based on the TOTAL BASE BID AMOUNT only.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended
Full compensation for the items listed to the
right as Items A, B, C, D and E are considered
as inclusive in each Bid Item listed above in
the Base Bid Schedule and Additive Alternate
Bid Schedule as applicable, and no additional
and/or separate compensation will be allowed.
A. Mobilization / Demobilization
C. NPDES, W WECP, and Best Management
Practices (BMPs), Public Convenience and
D. Construction Staking by Land Survevor
I E. Clearing and Grubbing
CBF -3
BIDDER:
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses,
taxes, royalties and any and all other incidental costs to complete the project, in compliance
with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity
shown and to delete any item from the contract and pay the contractor at the bid unit prices so
long as the total amount of change does not exceed 25% (plus or minus) of the total bid
amount for the entire project. If the change exceeds 25%, a change order may be negotiated to
adjust unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the
work per bid and contract documents and all applicable codes and standards are assumed to be
included in the bid prices.
A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to
calculate total bid amount, and that final compensation under the contract will be based upon
the actual quantities of work satisfactorily completed.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from
and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and
a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy
between the written amount of the Bid Price and the numerical amount of the Bid Price, the written
amount shall govern.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
Dollars ($ ) said amount being not less than ten
percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained
by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required
bonds, certificates and endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award
for the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all
other documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (I) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2)
evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract
CBF -4
resulting therefrom; and (3) any other information and documentation, financial or otherwise,
needed by Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
of five hundred dollars ($500.00) per calendar day if proiect is not completed within the working
days specified on the Notice Inviting Bids The Contract Time will begin to run ten (t 0) Working
Days from the date of the Notice of Proceed and subiect to the terms and conditions described in
the Contract Form and the Contract Documents
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
The Bidder declares that he/she has carefully read and examined the project plans, specifications,
bid documents, and he/she has made a personal examination of the site (indicate name of the
person, representing the bidder, who inspected the site and date below) and that he/she understands
the exact scope of the Project.
Name of Person who inspected the site:
Date of Inspection:
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in
this Proposal:
Addendum No. Dated
Addendum No.
Dated
Addendum No. Dated
Addendum No.
Dated
CBF -5
PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance 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 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 checkmark after "has" or "has not' in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall 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, explain the circumstances in the following space.
CBF -6
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, 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 the Contractor within the immediately preceding two-year period because of the Contractor's
failure to comply with an order of a federal court which orders the Contractor to comply with an order of the
National Labor Relations Board
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
CBF -7
Signature
Type or Print Name
Title
Bidder's/Contractor's State of Incorporation:
Partners or Joint Venturers:
Bidder's License Number(s):
Department Industrial Relations
Registered No.
NOTES:
Business Street Address
City, State and Zip Code
Telephone Number
I) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of
the representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
corporation, partnership or joint venture has the authority to do so.
CD] WW
SECTION 2
BID DATA FORMS
CBF -9
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT
as Principal, and
as Surety, are held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
(S ), being not less than ten percent (10%) of the Total
Bid Price; for the payment of which sum will and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the CITYWIDE SIDEWALK, CURB & GUTTER
REPLACEMENTS —as set forth in the Notice Inviting Bids and accompanying
Bid Documents, dated
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance
and the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. In the event suit is brought upon
this bond by the OWNER and judgment is recovered, said Surety shall pay all costs
incurred by the OWNER in such suit, including reasonable attorneys' fees to be
fixed by the court.
SIGNED AND SEALED, this day of , 20
Principal
in
Signature
Surety
By:
Signature
CBF -10
2.11 LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will
perform work, labor or render service to Bidder in or about the construction of the Work
in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total
Bid Price, or, in the case of bids or offers for the construction of streets or highways,
including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten
thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of
the Work which will be done by each subcontractor. Bidder shall list only one
subcontractor for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to
submit the information requested by the Owner about each subcontractor, other than the
name and location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half of one percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of I percent of
the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which
no subcontractor was designated in the original bid shall only be permitted in cases of
public emergency or necessity, and then only after Owner approval.
CBF - 11
1011157";
2.13 LIST OF PROPOSED SUBCONTRACTORS (continued)
["Duplicate Next 2 Pages if needed for listing additional subcontractors."]
Name and Location
of Subcontractor
Name:
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Name:
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Name:
Address:
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
Address:
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration No.
CBF -12
2.0
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
2.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
3.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF -13
H
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF -14
SECTION 3
NON -COLLUSION AFFIDA VIT
CBF -15
NON -COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
swom, deposes and says that he or she holds the position listed below with the bidder, 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 shall refrain from bidding; that the bidder has not
in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or
sham bid.
Signature
Typed or Printed Name
Title
Bidder
Subscribed and sworn before me
This day of 20
Notary Public in and for
the State of California
My Commission Expires:
CBF -16
(Seal)
CONSTRUCTION CONTRACT
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT
(COMPANY NAME)
1. PARTIES AND DATE
This Contract is made and entered into this day of
20_ (Effective Date) by and between the City of Rosemead, a municipal corporation of
the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770,
("City") and COMPANY NAME with its principal place of business at COMPANY
ADDRESS (hereinafter referred to as "Contractor'). City and Contractor are sometimes
individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the CITYWIDE
SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT by the City on the terms
and conditions set forth in this Contract. Contractor represents that it is experienced in
providing such work services to public clients, that it and its employees or subcontractors
have all necessary licenses and permits to perform the Services in the State of California,
and that is familiar with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as
Project ("Project') as set forth in this Contract.
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional construction
services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Contract, the exhibits attached
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hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to Month, Date and Year unless earlier terminated as provided herein. Contractor
shall complete the Services within the term of this Contract, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of Contractor shall also not be employees of City
and shall at all times be under Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Contract and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the City Manager,
Ben Kim, or his designee, to act as its representative for the performance of this Contract
("City's Representative'). City's Representative shall have the power to act on behalf of
the City for all purposes under this Contract. Contractor shall not accept direction or orders
from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Project
Manager, or his designee, to act as its representative for the performance of this Contract
("Contractor's Representative"). Contractor's Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
Contractor's Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
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procedures and for the satisfactory coordination of all portions of the Services under this
Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Contract in a skillful and competent manner, consistent with
the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term
of this Contract. As provided for in the indemnification provisions of this Contract,
Contractor shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein. Any employee
of the Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state aind federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA,
AQMD requirements, and shall give all notices required by law. Contractor shall be liable
for all violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
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appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Contract. Contractor shall
make copies of the prevailing rates of per diem wages for each craft, classification or type
of worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any failure
or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not -to -exceed compensation indicated in this Contract,
and in a form provided or approved by the City. If such bond is required, no payment will
be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City, Contractor shall execute and provide to City concurrently
with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation
indicated in this Contract, and in a form provided or approved by the City. If such bond is
required, no payment will be made to Contractor until it has been received and approved
by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least thirty
(30) days priorwritten notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
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compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including,
without limitation, an increase in the total compensation, as referred to above), extensions
of time, or modifications of the time, terms, or conditions of payment to the Contractor, will
release the surety. If the Contractor fails to furnish any required bond, the City may
terminate this Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California -admitted surety with a current A.M. Best's rating
no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer
issuing bonds does not meet these requirements, the insurer will be considered qualified if
it is in conformance with Section 995.660 of the California Code of Civil Procedure, and
proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Dollar
Amount in Word Format Dollars (Numerical) without advance written approval of City's
project manager. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days after receiving
such statement, review the statement and pay all approved charges. The payments will
be subject to a 5% retention amount, which would be released and paid after all work under
the Contract has been satisfactorily completed, and 35 days after a Notice of Completion
is filed with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Contract, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
that is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
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such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause
by giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Contract. Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Contract shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Company Name
Address
City, State, Zip Code
Attn: Project Manager's Name
Tel: (000) 000-0000
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Ben Kim, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
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party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Contract.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection
with the performance of the Services, the Project or this Contract, including without
limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk,
any and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against City, its directors, officials, officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents or volunteers,
in any such suit, action or other legal proceeding. Contractor shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers, employees,
agents or volunteers.
3.5.6 Entire Contract. This Contract contains the entire Contract of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
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3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Contract or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Contract shall be binding unless executed in writing and signed by both
Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared
invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
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handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code that require
every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power,
right, and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion
of the work required by this Contract, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
[SIGNATURES ON NEXT PAGE]
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CITY OF ROSEMEAD
Ben Kim, City Manager
Attest:
Date
Ericka Hernandez, City Clerk
Approved as to Form:
uate
COMPANY NAME
By: _
Signature Date
Name:
Print
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
LIM
Rachel Richman, City Clerk Date Name:
Company Name
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
Company Name
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or
endorse the existing coverage to do so. Contractor acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Contract and which is applicable to a given loss, will be available
to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000
completed operations aggregate. The policy must include contractual liability that has not
been amended. Any endorsement restricting standard ISO "insured contract" language
will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
Workers' compensation insurance. Contractor shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000) for Contractor 's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor's employees.
Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and
maintain an umbrella or excess liability insurance policy that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as the primary
coverages set forth above, including commercial general liability, automobile liability, and
employer's liability. Such policy or policies shall include the following terms and
conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance
policy thatwill provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer's liability. Such policy or policies shall include
Company Name
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectable in
whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
Builder's risk insurance. Upon commencement of construction and with approval of
Agency, Contractor shall obtain and maintain builder's risk insurance for the entire
duration of the Project until only the Agency has an insurable interest. The Builder's Risk
coverage shall include the coverages as specified below.
The named insureds shall be Contractor and Agency, including its officers, officials,
employees, and agents. All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as additional insureds as their interests
may appear. Contractor shall not be required to maintain property insurance for any
portion of the Project following transfer of control thereof to Agency. The policy shall
contain a provision that all proceeds from the builder's risk policy shall be made payable
to the Agency. The Agency will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed
value of the project. There shall be no coinsurance penalty or provisional limit provision
in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications;
(2) coverage against machinery accidents and operational testing; (3) coverage for
removal of debris, and insuring the buildings, structures, machinery, equipment,
materials, facilities, fixtures and all other properties constituting a part of the Project; (4)
Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of
construction; (5) transit coverage (unless insured by the supplier or receiving contractor),
with sub -limits sufficient to insure the full replacement value of any key equipment item;
(6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable;
(7) coverage with sub -limits sufficient to insure the full replacement value of any property
or equipment stored either on or off the Site or any staging area. Such insurance shall be
on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be
submitted to the Agency prior to commencement of construction.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
Contractor agrees to have its insurer endorse the third party General liability
policies shall provide or be endorsed to provide that Agency and its officers,
Company Name
officials, employees, agents, and volunteers shall be additional insurer under such
policies using standard ISO endorsement No. CG 2010.. Contractor also agrees
to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Contract are intended to apply to the full extent of the policies.
Nothing contained in this Contract or any other Contract relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverage required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or
prior to the execution of this Contract. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other Contract and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Contractor or deducted from sums due
Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
Company Name
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all Contracts with subcontractors and others
engaged in the project will be submitted to City for review.
11. Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this Contract to self -insure its obligations to City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Contract will be deemed to
have been executed immediately upon any party hereto taking any steps that can
be deemed to be in furtherance of or towards performance of this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part
of City to inform Contractor of non-compliance with any insurance requirement in
no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
Company Name
shall be submitted prior to expiration. A coverage binder or letter from Contractor's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the
expiration of the coverage.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Contract to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
PERFORMANCE BOND
PERFORMANCE BOND
WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to
(hereinafter
"Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials,
tools, equipment, services, and incidentals for the CITYWIDE SIDEWALK, CURB &
GUTTER REPLACEMENTS PROJECT and all other required structures and facilities within
the rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly set
forth in that certain contract for the said Public Work dated (hereinafter
the "Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to perform
the terms thereof and to provide a bond both for the performance and guaranty thereof,
NOW, THEREFORE, we
the undersigned Contractor, as Principal, and
, a corporation organized and
existing under the laws of the State of , and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the
CITY OF ROSEMEAD in the sum of
dollars,
($ ), said sum being not less than 100% of the total amount
payable by the said Obligee under the terms of the said Public Work Contract, for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or
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 said Public
Work 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 specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and
workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated
in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall
be and remain in full force and effect. In the event legal action is required to enforce the provisions
of this agreement, the prevailing parry shall be entitled to recover reasonable attorneys' fees in
addition to court costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the prevailing
parry shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages.
The said Surety, for value received, hereby stipulates and agrees that no change,
extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work
PERFORMANCE BOND - I
to be performed thereunder, or the specifications accompanying the same shall in any way affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract, or to the Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this day
on , 20
Principal/Contractor
By:
President
Surety
By:
Attorney -in -Fact
The rate of premium on this bond is per thousand.
The total amount of premium charged, $
(The above must be filled in by corporate surety.)
PERFORMANCE BOND - 2
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of , in the year , before me,
a Notary Public in and for said state, personally
appeared , known to me (or proved to be on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney -in -Fact of the (surety)
and acknowledged to me that he subscribed the name of the
(surety) thereto and his own name as
Attomey-in-Fact.
(SEAL)
My Commission expires
Notary Public in and for said State
PERFORMANCE BOND - 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I> certify that I am the
Secretary of the corporation named as
principal to the within bond; that who
signed the said bond on behalf of the principal was then
of said corporation; that I know his signature,
and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for
and in behalf of said corporation by authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PERFORMANCE BOND -4
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
PAYMENT BOND
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to
(hereinafter "Contractor"), a
contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the CITYWIDE SIDEWALK, CURB & GUTTER
REPLACEMENTS PROJECT and all other required structures and facilities within the
rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly set
forth in that certain contract for the said Public Work dated
(hereinafter the "Public Work Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail
to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the
performance of the Work contracted to be done, or for any work or labor done thereon of any kind,
or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such
work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's
fee in case suit is brought on the bond.
NOW, THEREFORE, we
the undersigned
existing under the laws of the State of
Contractor, as Principal and
corporation organized and
and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or
corporations furnishing materials, provisions, and other supplies used in, upon, for or about the
performance of the said Public Work, and all persons, companies or corporations renting or hiring
teams, or implements or machinery, for or contributing to said Public Work to be done, and all
persons performing work or labor upon the same and all persons supplying both work and materials
as aforesaid excepting the said Contractor, the sum of
dollars, ($_ ), said sum being not
less than 100% of the total amount payable by said Obligee under the terms of the said Public
Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies or machinery used in, upon, for or about the performance
of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of
the persons named in California Civil Code Section 3181, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
PAYMENTBOND-1
Department from the wages of employees of the contractor and his subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all
other applicable laws of the State of California and rules and regulations of its agencies, then said
Surety will pay the same in or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages. In addition to the provisions hereinabove, it is
agreed that this bond will inure to the benefit of any and all persons, companies and corporations
entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or additions to the terms of the said Public Work Contract or to the
Work to be performed thereunder or the specification accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this day
on 20
Principal/Contractor
By:
President
Surety
By:
Attorney -in -Fact
PAYMENT BOND -2
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On this day of , in the year , before
me, a Notary Public in and for said state,
personally appeared , known to me (or
proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument as the Attorney -in -Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety) thereto and his own
name as Attorney -in -Fact.
(SEAL)
My Commission Expires
Notary Public in and for said State
PAYMENT BOND -3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
Secretary of the corporation named
was then
certify that I am the
as principal in the attached bond, that
who signed the said bond on behalf of the principal
of said corporation: that I know his
signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and
attested for and in behalf of said corporation by authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PAYMENTBOND-4
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
PART "A"
GENERAL PROVISIONS
Standard Specifications. The Work hereunder shall be done in accordance with the Standard
Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current
supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"),
these General Conditions and the Specifications and Drawings identified in the Contract
Documents. The Standard Specifications are referred to and by this reference made a part hereof
as though set forth at length. In the case of conflict between the Standard Specifications and
these General Conditions, these General Conditions shall take precedence over, and shall be used
in lieu of, such conflicting provisions. The section headings in these General Conditions
correspond to the section headings of the Standard Specifications. In the event a section heading
contained in the Standard Specifications is not referenced in these General Conditions that section
shall read exactly as stated in the Standard Specifications.
Supplemental Reference Specifications. Insofar as references may be made in these Special
Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced
portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said
reference specifications, provided, that wherever the term "Standard Specifications" is used
without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works
Construction ("Green Book"), 2021 Edition, as previously specified in the above paragraph.
GENERAL PROVISIONS - 1
PART 1 - GENERAL PROVISIONS
SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 DEFINITIONS
Wherever in the Standard Specifications or other Contract Documents the following terms
are used, they shall mean the following:
Agency - The CITY OF ROSEMEAD
Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid
Security" in the Contract Documents.
Bid Security - The Bid Guaranty, as defined herein.
Board - The City Council of the CITY OF ROSEMEAD.
City - The CITY OF ROSEMEAD
City's Representative - The Engineer, as defined herein.
Contract - The written agreement (Contract form) between the City and the Contractor for
the complete and adequate completion of the Work for the Project. The Contract consists
of the Contract Documents. The documents comprising the Contract are complementary,
and each obligation of the Contractor, Subcontractors and material or equipment suppliers
in any one document shall be binding as if specified in all. The Contract is intended to
include all items required for the proper execution and completion of the Work.
Contract Documents - In addition to the documents noted in the definition of Contract
Documents in the Standard Specifications, all documents incorporated by reference into
the Contract form.
Contract Price - The amount stated in the Contract form, including authorized adjustments
pursuant to Change Orders, which is the total amount payable by the City to the Contractor
for performance of the Work under the Contract. It is also sometimes referred to as the
"Total Bid Price" in the Contract Documents.
Contractor's Representative—Contractor's executive representative who shall be present
on the Project Site at all times that any Work is in progress and who shall have the authority
to act on behalf of the Contractor for all purposes under the
GENERAL PROVISIONS - 2
Contract. The Contractor shall designate such representative in writing to the City. The
Contractor's Representative shall be available to the City and its agent's at all reasonable
times.
Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either
directly or through properly authorized agents, such as agents acting within the scope of
the particular duties entrusted to them. Also sometimes referred to as the "City's
Representative" in the Contract Documents.
Liquidated Damages - the amount prescribed in the Contract form, pursuant to the
authority of Government Code Section 53069.85, to be paid to the City or to be deducted
from any payments due, or to become due, the Contractor for each day's delay in
completing the whole or any specified portion of the Work beyond the time allowed in the
Contract Documents.
Notice to Contractors - Notice Inviting Bids
Project - The total and satisfactory completion of the project noted in the Contract
Documents, as well as all related work performed in accordance with the Contract,
including but not limited to, any alternates selected by the City.
Project Site - All of the property and/or facilities of the City where the Work will be
performed pursuant to the Contract, as well as such adjacent lands as may be directly
affected by the performance of the Work.
Recyclable Waste Materials - Materials removed from the Project site which is required
to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials
include asphalt, concrete, brick, concrete block, and rock.
Special Provisions - Any provisions which supplement or modify the Standard
Specifications, including these General Conditions (Part "A"), the Supplementary General
Conditions (Part `B") and the Technical Provisions (Part "C").
Total Bid Price - The amount stated in the Contract form, including authorized
adjustments pursuant to Change Orders, which is the total amount payable by the City to
the Contractor for performance of the Work under the Contract. Also sometimes referred
to as the "Contract Price" in the Standard Specifications and other Contract Documents.
- END OF SECTION -
GENERAL PROVISIONS - 3
SECTION 2 SCOPE AND CONTROL OF WORK
The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway
approaches, and curb ramps citywide as indicated on the construction plans, including tree
removals, tree replanting and other incidental and appurtenant work necessary for the proper
completion of project as indicated in the appendix and other related work as described in the plans
and specifications.
2-3 SUBCONTRACTS
2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be
amended to include the following provisions:
"By appropriate written agreement, Contractor shall require each Subcontractor to be
bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect
the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to
the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon
request by the City's Representative and shall not again be employed on the Work. The Contractor
shall be held liable for the all deficient Subcontractor Work."
2-4 CONTRACT BONDS
The following shall be added at the end of Section 2-4 of the Standard Specifications:
"The Contractor shall ensure that its Bonding Company is familiar with all of the terms
and conditions of the contract Documents, and shall obtain a written acknowledgment by the
Bonding Company that said Bonding Company thereby waives the right of special notification of
any changes or modifications of the Contract, or of extensions of time, or of decreased or increased
Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its
authorized representatives. If the Contract Price is increased in accordance with the Contract, the
Contractor shall, upon request of the City, cause the amount of the bonds to be increased
accordingly and promptly deliver satisfactory evidence of such increase to the City."
"Pursuant to Public Contract Code Section 4108, Contractor shall require all
Subcontractors providing labor and materials in excess of the amount indicated in the Notice
Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond
requirements applicable to the Contractor, except that the bond amounts shall equal the total
amount of their subcontract. The Contractor shall specify this requirement for Subcontractor
bonds in his written or published request for Subcontractor bids. Failure to comply with this
requirement shall not preclude Contractor from complying with the Subcontractor bonding
requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose
of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor
from these requirements. No payments, except for a reimbursement payment to the Contractor for
the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the
GENERAL PROVISIONS - 4
Contractor until the Contractor provides the aforementioned Subcontractor bonds to the
Contractor."
2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications
shall be amended to include the following at the end of that paragraph:
"All Contract Documents are essential parts of the Contract for a given project. Any
requirement included in one Contract Document shall be as binding as though included in all, as
they are intended to be cooperative and to provide a description of the Work to be done."
2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the
Standard Specifications shall be revised to read as follows:
"In resolving disputes resulting from conflicts, errors, or discrepancies in any of the
Contract Documents, the document highest in precedence shall control. The order of precedence
shall be as listed below:
1. Change Orders or Work Change Directives
2. Agreement
3. Addenda
4. Contractor's Bid (Bid Forms)
5. Special Provisions
6. General Conditions
7. Standard Specifications
8. Notice Inviting Bids
9. Instructions to Bidders
10. Specifications
11. Plans (Contract Drawings)
12. Standard Plans
13. Reference Documents"
"With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings"
2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to
the Standard Specifications to read as follows:
"Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently
GENERAL PROVISIONS - 5
detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's
Representative for such further explanation as may be necessary, and shall conform to such
explanation or interpretation as part of the Contract, so far as may be consistent with the intent of
the original Specifications. In the event of doubt or questions relative to the true meaning of the
Specifications, reference shall be made to the Engineer, whose decision thereon shall be final."
2-7 SUBSURFACE DATA
2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard
Specifications to read as follows:
"Soils reports and other reports of subsurface conditions may be made available for
inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT
CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the
"technical data" contained in such reports and drawings only where such "technical data" are
specifically identified in the Special Provisions. Except for such reliance on such "technical data",
the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of
the Engineer's Consultants with respect to any of the following:"
"2-7.1.1. Completeness. The completeness of such reports and drawings for contractor's
purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences,
and procedures of construction to be employed by Contractor and safety precautions and programs
incident thereto."
"2-7.1.2. Other Information. Any other data, interpretations, opinions, and information
contained in such reports or shown or indicated in such drawings."
"2-7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data"
or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or
information."
2-8 RIGHT-OF-WAY.
Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows:
"All temporary access or construction rights-of-way, other than those shown on the Plans,
which the Contractor may find it requires during progress of the Work, shall be arranged by, paid
for and disposed of solely by the Contractor at its own expense. The Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-
of-way shown on the Plans will be provided by the City at its expense."
2-9 SURVEYING.
2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to
GENERAL PROVISIONS - 6
include the following
"All survey monuments, centerline ties and survey reference points will be tied out in
advance by the City Land Surveyor. Temporary control shall be protected in place. Any temporary
control disturbed by the contractor shall be replaced at the contractor expense and no additional
compensation shall be allowed therefore. City Land Surveyor will provide one set of temporary
stakes for position of well monuments. Contractor shall install well monuments. Contractor shall
coordinate his/her work with the City Land Surveyor for the installation."
2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in
its entirety to read as follows:
"All Work, including finished surfaces, shall during its progress and upon completion
conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All
distances and measurements are given thereon and will be made in a horizontal plane. Three
consecutive points shown on the same rate of slope must be used in common in order to detect any
variation from a straight line. In the event any discrepancy exists, it must be reported to the City's
Representative. Failure to make this report shall make the Contractor responsible for any error in
the finished Work. Minor deviations from approved Plans, whenever required by the exigencies
of construction, shall be determined in all cases by the City's Representative and authorized in
writing."
2-10 AUTHORITY OF BOARD AND ENGINEER.
The provisions of Section 2-10 of the Standard Specifications shall be revised to read as
follows:
"Whenever the Contract Documents refer to the Engineer or City's Representative, or
provide the Engineer or City's Representative with power to act on behalf of the City, such
reference shall necessarily include the City's Representative, or his or her authorized designee."
"The City Council shall have the power to award the Contract, and shall generally have the
final authority to act in all matters affecting the Project. The City's Representative shall have the
authority to enforce compliance with the Contract Documents. The Contractor shall promptly
comply with the instructions of the City's Representative. The decisions of the City's
Representative shall be final and binding on all questions as to: (1) the quantity, quality and
acceptability of materials and equipment furnished and Work performed; (2) the manner of
performance and rate of progress of the Work; (3) any and all questions which may arise as to the
interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the
acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and
compensation issues; and (6) his authority to enforce and make effective such decisions and actions
as the Contractor fails to carry out promptly."
2-11 INSPECTION.
GENERAL PROVISIONS - 7
The provisions of Section 2-11 shall be amended to include the following at the end of that
Section:
"The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the Specifications, the Special Provisions,
and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's
inspection."
"When the Work is substantially completed, the Engineer or a representative of the
Engineer will make the final inspection."
"Whenever the Contractor varies the period during which Work is carried on any day, he
shall give adequate notice to the City's Representative so that proper inspection may be provided.
Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding
the fact that such defective work and unsuitable materials have previously been inspected, accepted
or estimated for payment."
"The Contractor shall prosecute work on any State highway or within any railroad
right-of-way only in the presence of an inspector representing the State Division of Highways or
the railroad company, and any Work done in the absence of such inspectors will be subject to
rejection. The Contractor shall make the appropriate notification according to the instructions
given on the State Encroachment Permit or railroad permit for all inspections, and shall post all
bonds and certificates required by the permit. The permit shall be acquired by the Contractor at
the Contractor's expense. The Contractor shall pay for all testing and inspections required by a
State Encroachment Permit or railroad permit."
2-12 SITE EXAMINATION
Section 2-12 shall be added to the Standard Specifications as follows:
"The Contractor shall have the sole responsibility of satisfying itself concerning the nature
and location of the Work, and the general and location conditions, such as, but not limited to, all
other matters which could in any way affect the Work or the costs thereof. The failure of the
Contractor to acquaint itself with all available information regarding any applicable existing or
future conditions shall not relieve it from the responsibility for properly estimating either the
difficulties, responsibilities, or costs of successfully performing the Work according to the
Contract Documents."
2-13 FLOW AND ACCEPTANCE OF WATER
Section 2-13 shall be added to the Standard Specifications as follows:
"Storm, surface, nuisance, or other waters may be encountered at various times during
construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges
GENERAL PROVISIONS - 8
that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and
assumes any and all risks and liabilities arising therefrom."
2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
Section 2-14 shall be added to the Standard Specifications as follows:
"The Contractor shall give his personal attention to the fulfillment of the Contract and shall
keep the Work under his control. The Contractor shall not contract with any other entity to perform
in whole or in part the services required hereunder except in strict compliance with Section 2-3 of
the Standard Specifications and state law. In addition, neither this Contract nor any interest herein
may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by
force of law, except as otherwise provided in Section 7103.5 of the State of California Public
Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall
include the transfer to any person or group of persons acting in concert of more than twenty five
percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall
be void. No approved transfer shall release the Contractor or any surety of the Contractor of any
liability hereunder without the expressed written consent of the City."
END OF SECTION -
GENERAL PROVISIONS - 9
SECTION 3 CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
"Contractor shall not be entitled to claim or bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any item or portion of Work to be
done. Whenever any change is made as provided for herein, such change shall be considered and
treated as though originally included in the Contract, and shall be subject to all terms, conditions
and provisions of the original Contract"
3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall
be revised to read as follows:
113-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as
follows:"
"3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of
an increase or decrease in a bid item quantity of a unit price contract, the total amount of work
actually done or materials or equipment furnished shall be paid for according to the unit price
established for such work under the Contract Documents, wherever such unit price has been
established; provided, that an adjustment in the Contract Unit Price may be made for changes
which result in an increase or decrease in the quantity of any unit price bid item of the Work in
excess of 25 percent, or for eliminated items of work."
"3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit
price contract, should the total quantity of any item of work required under the Contract exceed
the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of
such estimate and not covered by an executed contract Change Order specifying the compensation
to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided,
or at the option of the Owner, payment for the work involved in such excess will be made as
provided in Paragraph 3-3.2, as amended in these Special Provisions."
"Such adjustment of the Contract Unit Price will be the difference between the Contract
Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total
pay quantity of the item. If the costs applicable to such item of work include fixed costs, such
fixed costs shall be deemed to have been recovered by the Contractor by the payments made for
125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual
unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost
will be determined by the engineer in the same manner as if the work were to be paid for as extra
work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment
as will be as agreed to by the Contractor and the Owner."
GENERAL PROVISIONS - 10
"When the compensation payable for the number of units of an item of work performed in
excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit
Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except
that an adjustment will be made if requested in writing by the Contractor."
"3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit
price contracts, should the total pay quantity of any item of work required under the contract be
less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant
to this Section will not be made unless the Contractor so requests in writing. If the Contractor so
requests, the quantity of said item performed, unless covered by an executed contract change order
specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price
as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of
such item performed will be made as if the work were to paid for as extra work as provided in
Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed
to by the Contractor and the Owner; provided, however, that in no case shall the payment for such
work be less than that which would be made at the Contract Unit Price."
"Such adjustment of the contract unit price will be the difference between the contract unit
price and the actual unit cost, which will be determined as hereinafter provided, of the total pay
quantity of the item, including fixed costs. Such actual unit cost will be determined by the
Engineer in the same manner as if the work were to be paid for as extra work as provided in
Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed
to by the Contractor and the Owner."
"The payment for the total pay quantity of such item of work will in no case exceed the
payment which would be made for the performance of 75 percent of the Engineer's Estimate of
the quantity for such item at the original Contract Unit Price."
"3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts,
should any contract item of the work be eliminated in its entirety, in the absence of an executed
contract Change Order covering such elimination, payment will be made to the Contractor for
actual costs incurred in connection with such eliminated contract item if incurred prior to the date
of notification in writing by the Engineer of such elimination."
"If acceptable material is ordered by the Contractor for the eliminated item prior to the date
of notification of such elimination by the Engineer, and if orders for such material cannot be
canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for
shall become the property of the Owner and the actual cost of any further handling will be paid for
by the Owner. If the material is returnable to the vendor and if the Engineer so directs the
Contractor, the material shall be returned and the Contractor will be paid for the actual cost of
charges made by the vendor for returning the material. The actual cost of handling returned
material will be paid for."
"The actual costs or charges to be paid by the Owner to the Contractor as provided in this
Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work
GENERAL PROVISIONS - 11
as provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as
will be as agreed to by the Contractor and the Owner."
3-3 EXTRA WORK
3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
"All extra work shall be adjusted daily upon report sheets furnished by the Contractor,
prepared by the City's Representative and signed by both parties. The daily report shall be
considered thereafter as the true record of extra work done. New and unforeseen work will be
classed as extra work only when said work is not covered and cannot be paid for under any of the
various items or combination of items for which a bid price appears in the Bid Forms. The
Contractor shall not do any extra work, except upon written order from the City's Representative."
3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be
amended as follows:
3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the
beginning of that Section:
"Extra work shall be paid for under written work order in accordance with the terms therein
provided. Generally, payment for extra work will be made at the unit price or lump sum previously
agreed upon between the Contractor and the City."
3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be
amended in its entirety to read as follows:
"(a) Work by Contractor. The following percentages shall be added to the Contractor's
costs and shall constitute the markup for all overhead and profit.
1)
Labor
24 percent (includes bonding)
2)
Materials
15 percent
3)
Equipment rental
15 percent
4)
Other items and expenditures
15 percent
5)
Subcontracts (Isttier only)
5 percent
6)
Lower tier subcontractors
none
To the sum of the costs and markups provided for in this subsection, except for
labor, one percent shall be added as compensation for bonding."
3-6 EXISTING CONDITIONS.
Section 3-6 shall be added to the Standard Specifications as follows:
GENERAL PROVISIONS - 12
"Contractor shall have the sole responsibility for satisfying itself concerning the conditions,
nature and location of the Project and the Work to be performed, as well as the general and local
conditions. Such conditions shall include, but shall not be limited to, local labor availability,
means of transportation, necessity for security, laws and codes, local permit requirements, wage
scales, local tax structure, contractors' licensing requirements, availability of required insurance,
and other factors that could in any way affect the Work or the costs thereof. The Contractor is
solely responsible for understanding the facilities, difficulties and restrictions which may impact
the total and adequate completion of the Project. The failure of the Contractor to acquaint himself
with all available information regarding any applicable existing or future conditions shall not
relieve him from the responsibility for properly estimating either the difficulties, responsibilities,
or costs of fully and adequately performing the Work according to the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 13
SECTION 4 CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its
entirety to read as follows:
"It is the intent of the City in drafting the Contract Documents to accept only first-class
work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished
by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully
equal to samples when such samples are required. Used or secondhand materials, parts and
equipment may be used only if permitted by the Specifications. When the quality or kind of
material or articles required under the Contract are not particularly specified, the Contractor shall
provide those representing the best of their class or kind. Quality of Work shall be in strict
accordance with generally accepted standards. Material, parts, equipment and Work quality shall
be subject to the approval of the City's Representative. All materials, parts and equipment used
and installed, and all details of the Work done, shall at all times be subject to the supervision, test
and approval of the City's Representative. The City's Representative shall have access to the
Work at all times during construction, and shall be furnished with every reasonable facility for
securing full knowledge with regard to the progress, workmanship and character of the materials,
parts and equipment used or employed in the Work. Materials, parts and equipment shall be
furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the
Work."
"All materials, parts, equipment or Work which are defective in their construction or
deficient in any of the requirements of the Contract Documents, whether in place or not, shall be
remedied or removed and replaced by the Contractor in an acceptable manner, and no
compensation will be allowed for such correction work. Any Work done beyond the lines shown
on the Plans or established by the City's Representative, or any extra work done without written
authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's
failure to comply promptly with any order of the City's Representative made under the provisions
of this Section, the City's Representative shall have authority to cause such defective or
unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from
any moneys due or to become due the Contractor. If the Work is found to be in compliance with
these specifications, the City's Representative will furnish the Contractor with a certificate to that
effect."
4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the
Standard Specifications shall be amended to add the following at the end of that Section:
"Contractor shall fully and adequately store and protect all materials, parts and equipment,
as required herein. Contractor shall be solely responsible for any and all damages or loss by
weather or any other cause to such materials, parts and equipment. The Contractor shall make
good any and all damages or loss to materials, parts and equipment."
GENERAL PROVISIONS - 14
"Until the final written acceptance of the Work by the City, the Contractor shall have the
charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the
action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make
good all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance, and shall bear the expense thereof, except for such injuries or damages
arising from the sole negligence or willful misconduct of the City, its officers, agents or employees.
In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible
for all materials and the protection of Work already completed, and shall properly store and protect
them, if necessary. Contractor shall provide suitable drainage and erect temporary structures
where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any
right of property in materials used after they have been attached or affixed to the Work or the soil
upon City real property. All such materials shall, upon being so attached or so affixed, become
the property of the City."
"Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage
valued in excess of five percent (5%) of the Contract Price if such damage was caused by an
earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public
Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall
provide insurance to protect against such damages."
4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications
shall be amended to add the following at the end of that Section:
"Contractor shall immediately remove all rejected material from the Work or Site, and shall
not again return such material to the Site."
4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the
Standard Specifications shall be amended in their entirety to read as follows:
"Whenever any particular material, process, or equipment is indicated by a patent,
proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by
the words "or equal". A Contractor may offer any material, process, or equipment considered as
equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit
requests for substitution promptly after award shall be deemed to signify that the Contractor
intends to furnish one of the brands named in the Special Provisions, and the Contractor does
hereby waive all rights to offer or use substitute materials, products, or equipment for that which
was originally specified. Unless otherwise authorized by the Engineer, the time for submission of
data substantiating a request for substitution of an "or equal' item shall be not less than 35 nor
more than 40 calendar days after award of Contract."
"The burden of proof as to the comparative quality and suitability of alternative equipment
or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data
concerning items offered by it as equivalent to those specified. Such data shall include complete
calculations, technical specifications, samples, or published documents relating to the performance
and physical characteristics of the proposed substitute. The Contractor shall have the material
GENERAL PROVISIONS - 15
tested as required by the City's Representative to determine that the quality, strength, physical,
chemical or other characteristics, including durability, finish, efficiency, dimensions, service and
suitability are such that the item will completely and adequately fulfill its intended function."
4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as
follows:
"The Contractor shall place the order(s) for all long -lead supplies, materials, and
equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working
days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a
statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been
received and accepted by said vendor(s) within 15 working days from the date of said award of
Contract."
4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the
Standard Specifications to read as follows:
"The Contractor shall remove and dispose of all debris, abandoned structures, tree roots
and obstructions of any character met during the process of excavation, it being understood that
the cost of said removals are made a part of the unit price bid by the Contractor under the item for
excavation or removal of existing Work."
4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added
to the Standard Specifications to read as follows:
"Any portions of curb, gutter, sidewalk or any other City improvement damaged by the
Contractor during the course of construction shall be replaced by the Contractor at his own cost,
free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in
excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary
during the process of construction (but not due to damage resulting from carelessness on the part
of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted
in his Bid."
4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the
Standard Specifications to read as follows:
"In support of the Owner's waste reduction and recycling efforts, Contractor shall divert
all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling
centers rather than area landfills. Contractor will be required to submit weight tickets and written
proof of diversion with its monthly progress payment requests. Contractor shall complete and
execute any certification forms required by Owner to document Contractor's compliance with
these diversion requirements. All costs incurred for these waste diversion efforts shall be the
responsibility of the Contractor."
- END OF SECTION -
GENERAL PROVISIONS - 16
SECTION 5 UTILITIES
5-1 LOCATION
The provisions of Section 5-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Locations of existing utilities shown on the Plans are approximate and may not be
complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a
minimum of 2 working days prior to any excavation in the vicinity of any potentially existing
underground facilities in order to verify the location of all utilities prior to the commencement of
the Work."
"The Contractor shall be responsible for coordinating its work with all utility companies
during the construction of the Work."
"The Plans identify the approximate locations of existing utilities that parallel or cross the
Work. These locations are based on the best information available to the Owner. The Contractor
shall verify these locations."
5-2 PROTECTION
The provisions of Section 5-2 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas
utility valves, and other subsurface structures shall be relocated or adjusted to grade by the
Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before
commencing the Work."
"If the Contractor, while performing the Contract, discovers utility facilities not identified
by the public agency in the Contract Plans or Specifications, he or she shall immediately notify
the public agency and utility in writing."
"The public utility, where they are the owner, shall have the sole discretion to perform
repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a
reasonable price."
"During construction of the Work, some of the existing utilities may fall within the prism
of trenches. if the existing utility does fall within the contractor—s trenches, the utility involved
shall be supported properly by the Contractor to the satisfaction of the utility owner. The method
of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall
be per the utility owner's requirements. The Contractor shall contact the utility owner should it
anticipate such exposure of any of the existing utilities."
GENERAL PROVISIONS - 17
5-5 DELAYS
The provisions of Section 5-5 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Notwithstanding anything to the contrary, the provisions of Articles I and 2 of the
California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully
set forth herein. In the event of any conflict between the Standard Specifications and Government
Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall
prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards
to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service
laterals and appurtenances."
"The right is reserved to the owners of public utilities or franchises to enter upon the streets
for the purpose of making repairs or changes in their property which may be necessary as a result
of the Work. Employees of the City shall likewise have the privilege of entering upon the street
for the purpose of making any necessary repairs or replacements."
"Contractor shall employ and use only qualified persons, as hereinafter defined, to work in
proximity to Southern California Edison's secondary, primary and transition facilities. The term
"qualified person" shall mean one who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved, as more specifically defined in Section 2700
of Title 8 of the California Administrative Code. The Contractor shall take such steps as are
necessary to assure compliance by all Subcontractors."
- END OF SECTION -
GENERAL PROVISIONS - 18
SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The second paragraph of Section 6-1 of the Standard Specifications shall be amended in
its entirety to read as follows:
"After the Contract has been approved by the Owner, and a written Notice to Proceed
has been issued to the Contractor, the Contractor shall start the Work within 10 working
days after the date specified in said Notice to Proceed. The Work shall be diligently
prosecuted to completion before the expiration of the time indicated in the Bid Documents
and Contract Form, plus any duly authorized extensions thereof."
The provisions of Section 6-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Notwithstanding anything to the contrary herein, the Contractor's proposed construction
schedule shall include the expected start and completion dates for all portions of the contract Work.
During a scheduling conference between the Contractor and the City's Representative, the work
schedule will be discussed and modified, if necessary, by mutual agreement. Should it become
necessary for the City to delay temporarily the construction schedule agreed upon during the
scheduling conference, every effort will be made to permit a new construction schedule at the time
most convenient to the Contractor, thus permitting the Project to proceed with the shortest
intramural movement of the equipment. The Contractor shall notify the City's Representative in
all such cases in order to arrive at a mutually satisfactory schedule."
"Contractor's construction schedule shall be in a form provided for in the
Specifications. Contractor shall continuously update its construction schedule. Contractor
shall submit an updated and accurate construction schedule to the Owner whenever
specifically requested to do so by Owner and with each periodic payment request. Failure
to submit an updated and accurate construction schedule shall render Contractor in breach
of the Contract and shall entitle Owner to withhold money therefor."
6-3 SUSPENSION OF WORK.
6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be
amended to add the following at the end of that Section:
"The situations which will be deemed to be in the City's interest to suspend the Work shall
include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions
that render the proper prosecution of the Work impracticable or inefficient; or (2) when the
Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the
requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate
working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or
labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any
GENERAL PROVISIONS - 19
materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but
not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5)
when the Contractor fails or refuses to commence Work within the time specified for any reason
whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or
labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate
of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever
(including, but not limited to transportation problems, strikes, labor unrest or labor shortages of
any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such
locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to
maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails
or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any
other respect to prosecute the Work with the diligence, speed or force specified or intended by the
terms of the Contract. The Contractor shall immediately comply with any written order from the
City's Representative and shall not resume operations until so ordered in writing."
6-4 DEFAULT BY CONTRACTOR.
The first, second and third full paragraphs of Section 6-4 of the Standard Specifications
shall be amended to read as follows:
"If the Contractor should be in violation of the Contract, then the City may, without
prejudice to any other right or remedy and after giving notice as specified herein, terminate the
Contract and take all actions provided for herein and elsewhere in the Contract Documents. By
way of example and not as a limitation upon its right to terminate the Contract as provided herein,
the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1)
begin delivery of any materials, manufactured articles, supplies or equipment for any reason
whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor
shortages of any kind); (2) commence Work within the time specified for any reason whatsoever
(including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages
of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies
or equipment for any reason whatsoever (including, but not limited to, transportation problems,
strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such
locations as specified in the Contract Documents; (5) maintain a Work program which will insure
the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force
for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of
any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force
specified or intended by the terms of the Contact."
"If the City determines that sufficient grounds exist to terminate the Contract as provided
herein, the City's Representative shall provide written notice to the Contractor and its surety on its
performance bond. If the Contractor or its surety does not fully comply with such notice within
five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City
may exclude the Contractor and its employees and Subcontractors from the Work, or any portion
thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of
every description as may be found at the place of such Work. Thereupon, the Contractor and its
GENERAL PROVISIONS - 20
employees and Subcontractors shall discontinue such Work or such part thereof as the City may
designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete
the Work or any part thereof. All expenses charged under this paragraph shall be deducted and
paid for by the City out of any moneys then due or to become due the Contractor under the
Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work
for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums
paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a
sum which would have been payable under the Contract if the same had been completed by the
Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall
exceed the amount payable under the Contract, then the Contractor shall pay the amount of the
excess to the City upon completion of the Work without further demand being made therefore. In
the determination of the question as to whether or not there has been any such noncompliance with
the Contract as to warrant the suspension or annulment thereof, the decision of the City Council
shall be binding on all parties to the Contract."
6-8 COMPLETION AND ACCEPTANCE.
Section 6-8 of the Standard Specifications shall be amended in its entirety as follows:
"The Work will be inspected for acceptance by the City's Representative upon receipt of
the Contractor's written assertion that the Work has been completed. If, in the sole discretion of
the City's Representative, the Work has been completed and is ready for acceptance, the City's
Representative will notify the City Clerk that the Contract has been completed in its entirety. The
City's Representative shall request that the City accept the Work and that the City Clerk be
authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice
of Completion of the Work. The date of completion shall be the date the Contractor is relieved
from responsibility to protect the Work"
"The Contractor hereby guarantees that the entire Work constructed by him under the
Contract will meet fully all requirements as to quality of workmanship and materials. The
Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary
by defects in materials or workmanship that become evident within one (1) year after the date of
the final payment, and to restore to full compliance with the requirements of these Contract
Documents, including any test requirements set forth herein for any part of the Work constructed
hereunder, which during said one (1) year period is found to be deficient with respect to any
provisions of the Contract Documents. The Contractor shall make all repairs and replacements
promptly upon receipt of written orders for the same from the City's Representative. If the
Contractor fails to make the repairs and replacements promptly, the City may do the work and the
Contractor and his sureties shall be liable to the City for the cost thereof."
"The guarantees and agreements set forth herein shall be secured by a surety bond which
shall be delivered by the Contractor to the City before the Notice of Completion and acceptance
of the Work by the City. Said bond shall be in the form approved by the City Attorney and
executed by a surety company or companies satisfactory to the City in the amount of One Hundred
Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after
GENERAL PROVISIONS - 21
the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for
the Faithful Performance Bond furnished under the Contract to remain in force and effect for said
amount until the expiration of said one (1) year period."
"The parties agree that no certificate given, with the exception of the certificate of final
payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole
or in part, and that no payment shall be construed to be in acceptance of any defective work or
improper materials. Further, the certificate of final payment shall not terminate the Contractor's
obligations under his warranty herein above. The Contractor agrees that payment of the amount
due under the Contract and the adjustments and payments due for any Work done in accordance
with any alterations of the same, shall release the City, the City Council and its officials, officers
and employees from any and all claims or liability on account of work performed under the
Contract or any alteration thereof."
6-9 LIQUIDATED DAMAGES.
Section 6-9 of the Standard Specifications shall be amended in its entirety to read as
follows:
"Contractor agrees that if the Work is not completed within the Contract Time and/or
pursuant to any completion schedule, construction schedule or project milestones developed
pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District
will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the
District as fixed and liquidated damages the sum specified in the Contract form for each and every
calendar day of delay beyond the Contract Time or beyond any completion schedule, construction
schedule or Project milestones established pursuant to the Contract. Liquidated damages may be
deducted from any payments or other funds owing to Contractor, including progress payments, the
final payment and retentions."
6-11 TIMES OF OPERATION
Section 6-11 shall be added to the Standard Specifications to read as follows:
"It shall be unlawful for any person to operate, permit, use, or cause to operate any of the
following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with
no work allowed on Owner -observed holidays, unless otherwise approved by the Engineer:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools"
-END OF SECTION -
GENERAL PROVISIONS - 22
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Laws.
"The Contractor, its agents and employees shall be bound by and comply with applicable
provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding
anything to the contrary contained in the Contract Documents, Contractor shall comply with the
following:"
"7-2.2.1 Social Security Requirements. Contractor shall furnish to the City
satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and
regulations with respect to Social Security . The Contractor, at any time upon request, shall satisfy
the City that all necessary Social Security and other taxes are being properly reported and paid."
"7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be
required to comply with the provisions of California Labor Code Section 1810 et sem. According
to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay
to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution
of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which
such worker is required or permitted to work more than eight (8) hours in any calendar day or forty
(40) hours in any one (1) calendar week, except when payment for overtime is made at not less
than one and one-half (1-1/2) times the basic rate for that worker."
"7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business
and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess
proper licenses for performance of this Contract. Contractors shall meet the California
Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must
possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of
the Business and Professions Code, the City shall consider any bid submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found in the
Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the
right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory
to the City of all valid license(s) currently held by that Bidder and each of the Bidder's
subcontractors, before awarding the Contract."
"7-2.2.5 Non -Discrimination. Contractor shall not discriminate in the employment
of persons upon the Contract because of the race, creed, color, national origin, ancestry, non -
disqualifying disability, age, medical condition, marital status, sex or other classifications of such
persons protected by federal, state and local laws, rules and regulations. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall
cause an identical clause to be included in every subcontract for the contract work."
GENERAL PROVISIONS - 23
"7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the
California Labor Code, the Contractor shall pay travel and subsistence payments to each worker
needed to execute the Work, as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with law. To establish such travel and
subsistence payments, the representative of any craft, classification, or type of worker needed to
execute the Contract shall file with the Department of Industrial Relations fully executed copies
of collective bargaining agreements for the particular craft, classification or type of work involved.
Such agreements shall be filed within 10 days after their execution and thereafter shall establish
such travel and subsistence payments whenever filed 30 days prior to the call for Bids."
7-3 PERMITS.
Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows:
"Unless indicated to the contrary in the Contract Documents, including the Special Provisions,
Contractor shall procure all permits and licenses (including a City business license), pay all charges
and fees, and give all notices necessary and incidental to the due and lawful prosecution of the
Work."
7-8 PROJECT SITE MAINTENANCE.
7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with all air pollution control rules, regulations,
ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid
asphalt shall be labeled to indicate that the contents fully comply with the applicable material
requirements."
7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with the provisions of the Federal Clean Water Act
as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts
122-124, the Porter -Cologne Act (California Water Code) and the Waste Discharge Requirements
for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best
Management Practices (BMPs) are listed in the California Storm Water Best Management
Practices Handbook for Construction Activities."
WATER POLLUTION CONTROL
A. Water Quality Protection Requirements For Construction Projects With Less than 1 -
Acre Of Disturbed Soil
GENERAL PROVISIONS - 24
All construction projects, regardless of size, will be required to implement best
management practices (BMPs) necessary to reduce pollutants to the Maximum Extent
Practicable (MEP) to meet the minimum water quality protection requirements as defined
in Table 2-1.
Table 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category
Minimum Requirements
BMPs
1. Sediment
Sediments generated on the project site shall be retained
Sediment
Control
using adequate Treatment Control or Structural BMPs.
Control
2.Construction
Construction -related materials, wastes, spills or residues
Site
Materials
shall be retained at the project site to avoid discharge to
Management;
Control
streets, drainage facilities, receiving waters, or adjacent
Material and
properties by wind or runoff.
Waste
Non -storm water runoff from equipment and vehicle
Management
washing and any other activity shall be contained at the
project sites.
3. Erosion
Erosion from slopes and channels shall be controlled by
Erosion
Control
implementing an effective combination of BMPs, such as
Control
the limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Please refer to the California Stormwater Quality Association's Construction Handbook
available for free on their website (www.cabmphandbooks.com — Construction Handbook)
for further information regarding the BMPs listed in Table 2-1.
B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or
greater) Of Disturbed Soil
In addition to the minimum BMPs required in Section A, a Storm Water Pollution
Prevention Plan (SWPPP) must be submitted to the City for all construction projects where
at least I -Acre of soil will be disturbed. The SWPPP will include strategies for reducing
runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP
may also be required for projects smaller than 1 -Acre if the City designates the project a
threat to water quality objectives.
GENERAL PROVISIONS - 25
In addition, the contractor must contact the Los Angeles Regional Water Quality Control
Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction
activities can not begin until a Waste discharger Identification (WDID) Number is issued
by the State Water Board. The 1 -Acre threshold includes the total amount of land
disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City
are to be reconstructed then a WDID Number must be obtained. To request a Notice of
Intent (NOI) you must contact the Regional Board at:
Los Angeles Regional Water Quality Control Board
320 W. 41. Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576-6600; Fax: (213) 576-6640
Internet Address: httn://www.swrcb.ca.gov/—rwgcb4
The SWPPP shall include:
• The name, location, period of construction, and a brief description of the project;
• Contact information for the owner and contractor;
• The building permit number for the project;
• The grading permit number for the project (where applicable)
• A list of major construction materials, wastes, and activities at the project site;
• A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
• A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
• Non -storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
• A maintenance and self -inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
• A certification statement that all required and selected BMPs will be effectively
implemented.
Within 7 days after the City has certified the contract, the Contractor shall submit two 2
copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14
days of receipt of the plan. If revisions are required, the Contractor shall revise and re-
submit the document within 7 days of their receipt of the City's comments. The City shall
then have 7 days to consider the revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP
at the project site. The SWPPP shall be made available upon request of a representative of
the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental
Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be
directed to the City.
C. Best Management Practices
GENERAL PROVISIONS - 26
The objective of the SWPPP is to identify potential sources of pollution that may
reasonably affect the quality of storm water discharge associated with construction
activities. The plan will describe and ensure the implementation of Best Management
Practices (BMPs) which will be used to reduce pollutants in the storm water discharges
from the construction site. A Best Management Practice is defined as any program,
technology, process, operating method, measure, or device that controls, prevents,
removes, or reduces pollution. The Contractor shall select appropriate BMPs from the
California Stormwater BMP Handbook, Municipal, Industrial, New Development, and
Construction Volumes (www.cabmnhandbooks.coml in conjunction with all activities and
construction operations:
I. Construction Practices (NS2, NS3, NS4, and NS6)
2. Material and Waste Management (WMO1, WM02, and WM04)
3. Vehicle and Equipment Management (NS8, NS9, and NS 10)
4. Physical Stabilization (EC7, EC12, NS4, TCI, and TC2)
5. Sediment Control Practices (SEI, SE9, SE8, SE10, SE3, and SE2)
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stormwater Quality Association Los Angeles County DPW
P.O. Box 2313 Cashier's Office
Livermore, CA 94551 900 South Fremont Avenue
www.cabmphandbooks.com Alhambra, CA 91803
Tel. No. (626) 458-6959
D. Implementation
The Contractor will be responsible throughout the duration of the project for the
installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP
and for removing and disposing of temporary BMPs. The Contractor may be required to
implement additional BMPs as a result of changes in actual field conditions, contractor's
activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil -disturbed areas of the project site before the onset of
precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and
equipment to fully deploy these control measures.
Throughout the winter season, active soil -disturbed areas of the project site shall be fully
protected at the end of each day with these control measures unless fair weather is predicted
through the following day. The Contractor shall monitor daily weather forecasts. If
precipitation is predicted prior to the end of the following workday, construction
GENERAL PROVISIONS - 27
scheduling shall be modified, as required, and the Contractor shall deploy functioning
control measures prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water
pollution if the Contractor fails to conform to the requirements of this section, "Water
Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility
for SWPPP implementation shall continue throughout any temporary suspension of work.
E. Sewage Spill Prevention
The Contractor's attention is directed to the sewer bypass operation required during any
sewer construction (Standard Specification for Public Works Construction Section
500.1.2.4).
The Contractor shall exercise extraordinary care to prevent the cause of events that may
lead to a sewage spill. In the event of a sewage spill, the Contractor shall make
arrangements for an emergency response unit comprised of emergency response equipment
and trained personnel to be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as
well as recovering and properly disposing of raw sewage. In addition, the Contractor is
responsible for any fines, penalties and liabilities arising from negligently causing a sewage
spill. Any utility that is damaged by the contractor shall be immediately repaired at the
Contractor's expense. The Contractor shall take all measures necessary to prevent further
damage or service interruption and to contain and clean up the sewage spills.
F. Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to the
following two (2) City Departments:
Public Works/ Engineering (626) 569-2150
Public Safety Department (626) 569-2292
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular
telephone numbers of City representatives such as Project Managers and Inspectors, to be
reached during emergency and off -hours.
The City will notify the following:
Los Angeles County Department of Health Services (213) 974-1234
Los Angeles County Department of Public Works (800) 303-0003
Regional Water Quality Control Board (213) 576-6665 or 6600
State Office of Emergency Services (800) 852-7550
GENERAL PROVISIONS - 28
(For any significant volume of material that entered the storm drain or receiving water)
G. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report within three (3) working days
from the occurrence of a spill to the City, (Attention: Project Manager). This report shall
describe the following information related to the spill:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
H. Enforcement
The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA,
environmental groups and private citizens. The Contractor shall be responsible for all costs
and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill
the requirements set forth in Section 7.09 - "Water Pollution Control". The costs and
liabilities include, but are not limited to fines, penalties and damages whether assessed
against the City or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor under this
contract shall be retained by the City until all costs and liabilities imposed by law against
the City or Contractor have been satisfied.
I. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control
measures and shall regularly inspect and maintain the construction site for the BMPs
identified in the SWPPP. The Contractor shall identify corrective actions and time frames
in order to properly address any damaged measure, or reinitiate any BMPs that have been
discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control
measures, the deficiency shall be corrected by the Contractor immediately or by a later date
and time if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
J. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor,
materials, tools, equipment and all incidentals; and for doing all the work involved in
installing, constructing, maintaining, removing, and disposing of control measures, except
GENERAL PROVISIONS - 29
those that were installed as a part of another structure, shall be included in the unit prices
bid for the various related items of work and no additional compensation will be made
therefore.
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the
Standard Specifications to read as follows:
"The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances, including hours of operation requirements. No internal combustion engine shall
be operated on the Project without a muffler of the type recommended by the manufacturer.
Should any muffler or other control device sustain damage, the Contractor shall promptly remove
the equipment and shall not return said equipment to the job until the device is repaired or replaced.
Said noise and vibration level requirements shall apply to all equipment on the job or related to
the job, including but not limited to, trucks, transit mixers or transit equipment that may or may
not be owned by the Contractor."
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the
beginning of the first full paragraph:
"In accordance with generally accepted construction practices, the Contractor shall be
solely and completely responsible for conditions of the job site, including the safety of all persons
and property in performance of the Work. This requirement shall apply continuously and shall not
be limited to normal working hours. The Contractor's duty to preserve safety shall include, but
shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and
barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and
all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the
part of the City's Representative or other City employee or agent to give general engineering
supervision of the Contractor's performance is not intended to include the review of the adequacy
of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and
complete responsibility for safety conditions on the Site."
Section 7-10.4.1 shall be amended also to add the following to the beginning of the second
full paragraph:
"Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more
in depth, Contractor shall comply with all applicable provisions of the Labor Code, including
Section 6705, regarding sheeting, shoring and bracing."
7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be
amended to add the following to the end of that Section:
GENERAL PROVISIONS - 30
"As required by Public Contract Code Section 7104, if this Contract involves digging
trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor
shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material
discovered in excavation that Contractor believes to be a hazardous waste that is required to be
removed to a Class I, Class 11 or Class III disposal site; (2) subsurface or latent physical conditions
at the site differing from those indicated by City; and (3) unknown physical conditions of an
unusual nature at the site, significantly different from those ordinarily encountered in such contract
work. Upon notification, City shall promptly investigate the conditions to determine whether a
change order is appropriate. In the event of a dispute, Contractor shall not be excused from any
scheduled completion date and shall proceed with all Work to be performed under the Contract,
but shall retain all rights provided by the Contract or by law for making protests and resolving the
dispute."
7-11 PATENT FEES OR ROYALTIES.
Section 7-11 of the Standard Specifications shall be amended in its entirety to read as
follows:
"The Contractor shall include in its bid amount the patent fees or royalties on any patented
article or process furnished or used in the Work. Contractor shall assume all liability and
responsibility arising from the use of any patented, or allegedly patented, materials, equipment,
devices or processes used in or incorporated with the work, and shall defend, indemnify and hold
harmless the City, its officials, officers, agents and employees from and against any and all
liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature,
arising from such use."
7-13 LAWS TO BE OBSERVED.
Section 7-13 of the Standard Specifications shall be revised in its entirety to read as
follows:
"The Contractor shall keep itself fully informed of all existing and future State, Federal
and local laws, rules and regulations, which in any manner affect those engaged or employed in
the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and
of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the
same. The Contractor shall at all times observe and comply with all such existing and future laws,
rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority
over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the
indemnification provisions of this Agreement, the Owner and its officials, officers, employees,
volunteers and agents, including, but not limited to, the Director of Public Works and the Owner
Engineer, against any claim or liability arising from, or based on, the violation or alleged violation
of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees.
The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction
of streets or the conduct of the Work, keeping open passageways and protecting the same where
they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws,
GENERAL PROVISIONS - 31
rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings,
Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance,
regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in
writing."
7-15 INDEMNIFICATION.
Section 7-15 shall be added to the Standard Specifications as follows:
"Contractor shall defend (with counsel of City's choosing), indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity,
to property or persons, including wrongful death, to the extent arising out of or incident to any
acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Work or
this Contract, including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost,
expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against City, its officials, officers,
employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City, its officials, officers, employees,
volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse
City, its officials, officers, employees, volunteers or agents for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
The only limitations on this provision shall be those imposed by Civil Code Section 2782."
7-16 CONCRETE FORMS, FALSEWORK AND SHORING.
Section 7-16 shall be added to the Standard Specifications as follows:
"Contractor shall comply fully with the requirements of Section 1717 of the Construction
Safety Orders, State of California, Department of Industrial Relations, regarding the design of
concrete forms, falsework, and shoring, and the inspection of same prior to the placement of
concrete. Where Section 1717 requires the services of a civil engineer registered in the State of
California to approve design calculations and working drawings of the falsework or shoring
system, or to inspect such system prior to the placement of concrete, Contractor shall employ a
registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item
price named in the Contract for completion of the Work as set forth in the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 32
SECTION 9 MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK.
Section 9-2 of the Standard Specifications shall be amended to add the following at the end
of that Section:
"On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a
Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress
payments and which shall be incorporated into a form of Application for Payment acceptable to
the Engineer. Such Schedule of Values shall be submitted for approval at the Pre -construction
Conference and must meet the approval of the Engineer before any payments can be made to the
Contractor."
9-3 PAYMENT.
9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall
be deleted and replaced with the following two paragraphs:
"Contractor shall submit, with each of its billing invoices, a corrected list of quantities,
verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's
acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a
written statement of the final quantities of Contract items for inclusion in the final invoice. Upon
receipt of such statement, the City's Representative shall check the quantities included therein and
shall authorize the Contractor to submit an invoice which, in the City Representative's opinion,
shall be just and fair, covering the amount and value of the total amount of Work done by the
Contractor, less previous payments, applicable withholdings and retentions."
"All retention proceeds shall be released and paid in strict accordance with Public Contract
Sections 7107 and 7201."
Section 9-3.1 of the Standard Specifications shall be amended to also add the following at
the end of that Section:
"Payment for the various items on the Contract Bid Forms, as further specified in the
Contract, shall include all compensation to be received by the Contractor for furnishing all tools,
equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals
appurtenant to the items of Work being described, as necessary to complete the various items of
Work, all in accordance with the provisions for Measurement and Payment in the Standard
Specifications and these General Conditions, and as shown on the Drawings, including all
appurtenances thereto. Compensation shall include all costs of compliance with the regulations of
public agencies having jurisdiction over the Work, including the Safety and Health Requirements
of the California Division of Industrial Safety and the Occupational Safety and Health
Administration of the U.S. Department of Labor (OSHA)."
GENERAL PROVISIONS - 33
"No separate payment will be made for any item that is not specifically set forth in the
Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract
Bid Forms for the various appurtenant items of work."
9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be
amended to add the following at the end of that Section:
"For purposes of this Section, the monthly payment date shall be the last calendar day of
each month. In order for the City to consider and prepare for each monthly payment, the
Contractor shall submit a detailed measurement of Work performed and a progress estimate of the
value thereof before the tenth (10th) day of the following month. The City shall review and make
payment on all approved charges within the time required by Public Contract Code Sections
20104.5 et seg."
"Acceptance of any progress payment accompanying any estimate without written protest
shall be an acknowledgment by the Contractor that the number of accumulated contract days
shown on the associated statement of working days is correct. Progress payments made by the
Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute
a waiver of liquidated damages."
"Subject to the provisions of Section 22300 of the California Public Contract Code, a 5
percent retention will be withheld from each payment. All invoices and detailed pay requests shall
be approved by the Engineer before submittal to the Owner for payment. All billings shall be
directed to the Engineer."
"Pursuant to Section 22300 of the California Public Contract Code, In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of securities
for any monies withheld by the City to ensure performance under the Contract. At the request and
expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter
the City shall then pay such monies to the Contractor as they come due. Upon satisfactory
completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall
be the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. The escrow agreement used for the purposes of this Section shall be in the form
provided by the City."
"The Contractor shall submit with each invoice the Contractor's conditional waiver of lien
for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from
the Contractor and all subcontractors and materialmen for all work and materials included in any
prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section
3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for
the Contractor's work, together with releases of lien from any subcontractor or materialmen."
- END OF SECTION
GENERAL PROVISIONS - 34
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
PART "B"
SUPPLEMENTAL GENERAL
CONDITIONS
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
SUPPLEMENTARY GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The project consists of removal and replacement of concrete sidewalk, curb and gutter,
driveway approaches, and curb ramps citywide as indicated on the construction plans,
including tree removals, tree replanting and other incidental and appurtenant work
necessary for the proper completion of project as indicated in the appendix and other related
work as described in the plans and specifications.
10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis
for the compilation of bids, and the City of Rosemead does not expressly or by implication
agree that the actual amount of work will correspond therewith, but reserves the right to
increase or decrease the amount of any class or portion of the work or to omit portions of
the work that may be deemed necessary or expedient by the Engineer. In such case the
contract unit price shall prevail subject to the requirements of Subsection 3-2.2.1 of the
Standard Specifications.
All work incidental to this project, as described on the drawings and/or this specification
shall be considered as included within the scope of the work. The bid prices submitted by
the contractor shall include the cost of said incidentals, even though such incidentals are
not specifically mentioned in the preceding description of work to be done or in the
proposal form.
10-1.3 Equals - Whenever the names of specific products are designated in the details appearing
on the drawings or in the specifications, the intent is to state the general type and quality
of the products desired, without the intention of ruling out the use of other products of
equal type and quality. If the successful contractor wishes to make substitutions of the
products specified, he must make an application in writing to the Engineer prior to the
acceptance and installation into the project with a complete description of the alternate
products and a statement with regard to the saving to the owner, if any, in case the
substitution would be permitted. The Engineer will have the right to make the final
decision in these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable to the
Engineer, in lieu of the requested substitutions.
10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with
the manufacturer's specifications and instructions.
SUPPLEMENTARY GCs -I
10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard
Specifications with the following special conditions:
a. Beginning and Completion of Work: The contract time allowed for completion of
the project is THIRTY (30) working days. Work on this project shall commence no
later than ten (10) days from the date of Notice to Proceed.
b. The contractor shall submit to the Engineer a time schedule of work for the various
sequences of the major operations. Said schedule shall be submitted at least 5
working days prior to the beginning of work and shall be subject to the approval of
the Engineer.
C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m., Monday
through Friday with no work on Saturdays, Sundays, Holidays. Except when
authorized by the Director of Public Works or City Engineer.
d. Inspection: The City shall provide inspection for an 8 -hour day for normal working
days. The City will deduct from the contractor's invoice an amount equal to $120
per hour for inspection in excess of the foregoing, including legal holidays, City
Hall closed Fridays, and weekends.
C. Weight master certificates are source documents and it is the contractor's
responsibility to collect the material tickets from the drivers at the delivery point,
sign and date them and submit to the City Inspector.
f Contractor shall notify all property owners within the project limits of all activities;
written notification shall be delivered to properties at least forty-eight (48) hours in
advance of any activity.
g. The contractor and all subcontractors shall attend a pre -construction meeting at the
time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain a Rosemead Business License
prior to the start of work.
10-3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Standard Specifications
for Public Works Construction (Greenbook)," latest edition, including all supplements, and
applicable provisions of Caltrans Standard Specifications, latest edition.
In case of conflict between the Standard Specifications and the Special Provisions, the
Special Provisions shall take precedence over and be used in lieu of such conflicting
portions.
SUPPLEMENTARY GCs -2
10-4 CONSTRUCTION YARD
It shall be the contractor's responsibility to locate any storage sites for materials and
equipment needed, and such sites must be approved in advance by the City Engineer.
When storage sites are located on private properties, the contractor shall be required to
submit to the City Engineer written approval from the record owner authorizing the use of
his property by the contractor, and contractor shall bear all the cost involved, and provide
necessary insurance requirements. If contractor chose one of the City owned.
The contractor accepts sole liability for the yard during the time, which it is occupied. The
contractor agrees to indemnify and hold harmless the City and ARA during the period
which the contractor occupies the site. The yard shall be fenced with City -approved
temporary chain link fence and gate(s). The yard shall be secured at all times. The
Contractor shall be responsible for required utilities, if available.
The Contractor shall store all materials in a manner, which complies with manufacturer's
recommendations and/or legal requirements.
The yard shall be maintained in a manner consistent with surrounding properties. After the
project is constructed, the Contractor shall move off of the yard and return the yard to a
condition similar to before he moved on the yard.
In order to assure these requirements are met, the Contractor shall have an
independently prepared environmental report prepared prior to Contractor
mobilization and after final cleanup.
Contractor and all subcontractors shall not be permitted to place any signage or advertising
signs on the site unless city's written approval is obtained.
10-5 UTILITIES
The contractor will obtain the locations of underground facilities from the utility companies
at least twenty-four (24) hours prior to commencing construction in such areas. At all time
the contractor shall be responsible for the protection of such facilities and shall be held
liable for damage to utilities during construction. The contractor is responsible to call
Underground Service Alert at 811 at least 72 hours prior to commencing any work.
10-6 CONSTRUCTION WATER
It shall be the responsibility of the contractor to furnish an adequate supply of water for
construction use.
10-7 AIR AND WATER POLLUTION
SUPPLEMENTARY GCs -3
The Contractor shall be required to conform to all current regulations of the South
Coast Air Quality Management District. The Contractor shall also conform to Section
402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of
municipal, industrial and construction stormwater discharges under the National Pollutant
Discharge Elimination System (NPDES) program.
10-8 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all
hazardous materials which are brought on site by the Contractor. A MSDS is required for
any product which may contain hazardous materials. The contractor must alert the City
Engineer of the quantity and type of hazardous material which will be brought on site. The
MSDS sheets must be submitted to the City Engineer at least two (2) business days prior
to starting work. The City Engineer may require the City Safety Officer or his designee to
review the MSDS for approval of use.
The contractor shall be responsible for notifying Underground Service Alert (800) 422-
4133 and all utility companies having substructures within the limits of the job. This shall
be done at least 72 hours prior to commencing construction.
10-9 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of section 7-10
of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic
Control Handbook of the American Public Works Association (WATCH Manual), latest
edition.
After award of the contract, the contractor shall submit to the Engineer his proposed
schedules for lane closing and his methods of traffic control to comply with the
requirements specified herein below. This submittal shall be made sufficiently in advance
of any rerouting or diversion of traffic by the contractor to allow for a review of the
contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to maintain the
required number of lanes, shall be directed in such a manner that traffic may move
smoothly across the work without any sudden changes from one lane to another. Toward
this end the minimum taper allowed for detouring the traffic from one lane to another shall
be 20:1.
The contractor shall provide, throughout the period of construction, all signs which may be
deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the
Engineer. All barricades used as warning and guiding devices shall bear the name of the
contractor in legible letters. Flashing arrow board(s) shall be required throughout the
construction period.
SUPPLEMENTARY GCs -4
Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of
two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any
excavation, unless otherwise specified. One lane each direction shall be maintained at all
times.
Transitions of differential road surfaces shall be maintained according to SSPWC sect.
Spillage resulting from hauling operations along any public traveled way shall be removed
immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access to the existing driveways at all times. Contractor will close
only one driveway at any time to properties having more than one driveway.
10-10 PAYMENT
Payment shall be made in accordance with Section 9 of the Standard Specifications.
Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal
and will include full compensation for furnishing all labor materials, tools and equipment
and doing all the work involved in completion of the bid items. 5 %retention will be paid
35 days after Notice of Completion was recorded
10-11 SURVEY MONUMENTS
See Section 2-9 Surveying of the General Provisions Page — 7.
10-12 CLEAN-UP
Upon completion of the work and before the final estimate is submitted, the Contractor
shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish,
unused materials, concrete forms and other materials or equipment belonging to or used by
him or any subcontractor on the work. In the event of failure to so remove, the same
may be removed and disposed of by the City at the Contractor's expense.
10-13 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work constructed
by him under this contract will meet fully all requirements thereof as to quality of
workmanship and of materials furnished by him. The contractor hereby agrees to make at
his own expense any repairs or replacements made necessary by defects in materials or
workmanship supplied by him that becomes evident within the time specified after filing
of the Notice of Completion of the work by the Engineer, and to restore to full compliance
with the requirements of these specifications, including the test requirements set forth
herein for any part of the work constructed hereunder, which during said period is found
to be deficient with respect to any provision of the specifications. The contractor also
SUPPLEMENTARY GCs -5
agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from
claims of any kind arising from damage due to said defects. The contractor shall make all
repairs and replacements promptly upon receipt of written orders for same from the
Engineer. If the contractor fails to make the repairs and replacements promptly, the owner
may doe the work and the contractor and his surety shall be liable to the owner for the cost
thereof.
Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him
shall be delivered to the owner.
The guarantees and agreements set forth in this section shall be secured by a surety bond
which shall be delivered by the Contractor to the Owner before the notice of completion
shall be filed by the Public Works Director. Said bond shall be in an approved form and
executed by a surety company or companies satisfactory to the owner, in the amount often
percent (10%) of the contract price. Said bond shall remain in force for a period of one
year from the date of filing of the Notice of Completion. Instead of providing a surety
bond, the contractor may, at his option, provide for the Faithful Performance Bond
furnished under the contract to remain in force for said amount until the expiration of the
required period.
10-14 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and representatives of the
owner employed on the work. Such facilities shall be subject to the acceptance of the
owner as to location and type. The contractor shall maintain the same in sanitary condition
from the beginning of the work until completion and then shall remove the facilities and
disinfect the premises if necessary. The contractor shall be responsible for alleviating all
dust and nuisance conditions occasioned by his work.
Each day, at the completion of the day's work, the entire trench area and adjacent streets
shall be swept and cleaned to the satisfaction of the City Engineer or his appointed
representative. The contractor shall cover all storm drain catch basins during excavation
and sweeping operations to prevent excavated materials from entering the catch basins.
10-15 SITE MAINTENANCE
1.01 General. The Contractor shall maintain the construction site in a neat and orderly
condition, free from trash and waste construction materials at all times. Unattended
construction materials, equipment, and trash shall be left in a manner to not constitute a
fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature.
The Contractor shall provide and maintain enclosed toilets for the use of employees
engaged in the work. These accommodations shall be maintained in a neat and sanitary
condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
SUPPLEMENTARY GCs -6
The Contractor shall provide proper barricades with flashing lights properly working and
temporary fencing to insure a safe construction site. The Contractor shall maintain the
work site in a manner that assures adequate access to workers and other authorized
personnel.
The Contractor shall provide proper traffic control in all construction areas.
1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to
abate undue dust. Application of water for dust control shall be under the control of the
Engineer and shall be applied in the amounts and at locations designated by the Engineer
or other City Representatives.
1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm
or other water from flowing uninterrupted along the existing street drainage courses.
Diversion of water for short reaches to protect construction may be permitted if public or
private properties are not threatened with damage. Should such diversions be necessary,
the Contractor shall obtain written permission from the applicable public agency or
property owner before the Engineer will permit any diversion of water outside rights-of-
way or normal drainage courses.
1.04 Protection of Existing Improvements. Construction operations shall be conducted in
a manner that assures all permanent facilities and improvements, as well as temporary
improvements which remain during the life of this contract, are not subject to vertical
settlement or horizontal movement. The Contractor shall work around all existing utility
facilities. During construction the Contractor shall cooperate with the owners of any utility
that has manholes, vaults, valve covers or any other facilities within the construction area.
These facilities shall be completely protected by the Contractor. The Contractor shall
exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless
otherwise specified, all costs for protection of existing improvements shall be absorbed in
the various items of work and no separate payment shall be made for them.
1.05 Restoration of Existing Improvements. All existing improvements removed or
damaged during construction shall be reconstructed in accordance with the applicable
provisions of the Standard Specifications for Public Works Construction, 2021 Edition,
(hereinafter referred to as the Standard Specifications). The Contractor shall replace or
restore existing improvements to their original condition to the satisfaction of the Engineer
at no expense to the City.
1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste
material shall become the property of the Contractor and shall be disposed of by the
Contractor outside the limits of work in accordance with the applicable ordinances and
regulations of governmental agencies having jurisdiction.
1.07 Final Clean Up. After completion of all other work required under the contract, the
Contractor shall, at no expense to the City, clean up the work site including any and all
SUPPLEMENTARY GCs -7
properties used by the Contractor during construction to the satisfaction of the Engineer.
The Contractor shall remove and dispose of all excess materials. The Contractor shall
repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or
nature which has been moved, damaged or altered in any way by the Contractor's
operations. The Contractor shall return all roadway and adjoining surfaces to their original
condition and appearance.
The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing
asphalt pavement or concrete pavement during paving operations. The Contractor shall
slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive)
all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on
the concrete pavement, Contractor shall sand blast the affected area to its original condition
and to the satisfaction of the Engineer or City Representatives at no additional cost. Any
and all of these requirements shall be at the Contractor's expense.
1.08 Payment. No separate payment will be made for Site Maintenance. All costs for
furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in the prices
bid for the various contract items of work.
10-16 CLEARING AND GRUBBING
2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and
Grubbing" of the Standard Specifications. In addition, the following items of work are
included under Clearing and Grubbing, unless otherwise covered by specific bid items:
A. Maintaining dust control at all times by watering and sweeping.
B. Providing traffic control and maintaining access, security and safety including all
signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in
these specifications.
C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve
covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing
structures.
D. Removing, storing, and replacing removable and portable items and their safe
handling and keeping.
E. Providing temporary pumps, conduits, and any other necessary means to convey
waste waters in order to bypass the construction as needed and as approved by the Engineer.
F. Saw cutting Portland cement concrete and asphalt concrete pavement for
construction of smooth and straight joins.
G. Providing shoring, sheeting, bracing, etc. for excavations.
SUPPLEMENTARY GCs -8
H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other
landscaping items interfering with the construction of improvements.
I. Removing and disposing of all existing improvements interfering with the
construction of new improvements and/or as required elsewhere in these specifications and
not included in other bid items.
J. Restoring landscaping or any other miscellaneous improvements damaged during
construction.
K. Removing, replacing, backfilling, and compacting miscellaneous earthwork
resulting from removing existing improvements that are not replaced and where
excavations were made for concrete forming.
L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed
curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or
approved equal by the Engineer until the grass is established.
M. Providing all necessary means to prevent tracking of asphalt oil on existing or new
asphalt pavement including a water truck during the paving operation and for restoring
areas where asphalt oil was spilled.
N. Coordinating the construction with all utility companies.
O. Obtaining permit from the appropriate water company for connection to fresh water
source and delivering water to the point of use and assuming payment of all fees and
payment for water used.
2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum
price under Bid Item No. 1. Payment of the lump sum price bid shall include full
compensation for furnishing all labor, materials, tools, and equipment, and doing all work
involved in Clearing and Grubbing as specified above and as directed by the Engineer.
10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE
PROJECT
3.01 General. Due to the nature of this project involving some inconveniences, the
Contractor shall respond to all complaints associated with the project that include any
alleged damage to private property and/or vehicles, within 24 hours of notification. Failure
to comply with this provision will result in an additional penalty of $50.00 per occurrence.
The City reserves the right, after 24 hours of notification, to respond to the complaint and
repair the alleged damage. The Contractor shall reimburse the City for all costs involved
in addressing the complaint, including any administrative costs incurred by the City.
SUPPLEMENTARY GCs -9
3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute
notices informing those affected that construction will be performed in proximity to their
property. The notice shall be distributed not less than 48 hours before commencement of
work. The Contractor shall provide a sample notification to the Engineer for approval.
3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs
at no cost to the City. The "NO PARKING" signs will be in place not less than 48 hours
prior to performing the work.
3.04 Payment. No separate payment will be made for Contractor's Responsibilities
Before Commencement of the Project. All costs for furnishing all labor, materials, tools,
and incidentals and doing all the work involved, as specified herein and as directed by the
Engineer, shall be included in the prices bid for the various contract items of work.
SUPPLEMENTARY GCs -10
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
PART "C"
TECHNICAL PROVISIONS
Not used.
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
TECHNICAL PROVISIONS
TECHNICAL PROVISIONS TP -1
CITY OF ROSEMEAD
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
PART "D"
APPENDIX
APPENDIX A - FEDERAL REQUIREMENTS
Exhibit 6 to Exhibit 17 shall be submitted with
your bid to be considered responsive
APPENDIX A — FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS
TABLE OF CONTENTS
1. Approval of Contractor by the Federal Government ...............................................
2. Labor Compliance Pre -Construction Conference ...................................................
3. United States Department of Labor Wage Rates ....................................................
4. Federal Restrictions on Lobbying...........................................................................
5. Section 3.................................................................................................................
6. Section 3 Bid Preference........................................................................................
7. Conflict of Interest...................................................................................................
LIST OF EXHIBITS
EXHIBIT 1 — Federal Labor Standards Provisions
EXHIBIT 2 — Federal Equal Employment Opportunity/Affirmative Action Requirements
EXHIBIT 3 — Contracting with Small and Minority Firms, Women's Business Enterprise,
And Labor Surplus Area Firms
EXHIBIT 4 — Compliance with Clean Air and Water Acts
EXHIBIT 5 — Section 3 Clause
EXHIBIT 6 — Non -Segregated Facilities Certification (Submit with Bid)
EXHIBIT 7 — Past Performance Certification (Submit with Bid)
EXHIBIT 8 — County Lobbyist Certification (Submit with Bid)
EXHIBIT 9 — Workers' Compensation Certification (Submit with Bid)
EXHIBIT 10 — Contractor List of Proposed Subcontractors (Submit with Bid)
EXHIBIT 11 — Report of Additional Classification and Rate — HUD Form 4230A (Submit with Bid)
EXHIBIT 12 — Notice of Equal Employment Opportunity Commitment (Submit with Bid)
EXHIBIT 13 — Notice of Section 3 Commitment (Submit with Bid)
EXHIBIT 14 — Section 3 Economic Opportunity Plan (Submit with Bid)
EXHIBIT 15 — Section 3 Resident Certification (Submit with Bid)
EXHIBIT 16 — Section 3 Business Certification (Submit with Bid)
EXHIBIT 17 — Federal Lobbying Certification (Submit with Bid)
EXHIBIT 18 — Section 3 Economic Opportunity Report (Submit with FINAL Payroll Report)
EXHIBIT 19 — Section 3 Bid Evaluation Memorandum
EXHIBIT 20 — Agency Report of Contract Award
EXHIBIT 21 — Certification of Understanding & Authorization
EXHIBIT 22 — Payroll Report, Statement of Compliance & Fringe Benefit Statement
EXHIBIT 23 — Federal Job -site Postings
EXHIBIT 24 — Federal Wage Decision
1. APPROVAL OF CONTRACTOR BY THE FEDERAL GOVERNMENT
This project is being financed from Federal Funds under the Community Development
Block Grant Program of the Department of Housing and Urban Development (HUD). A
requirement of this program is that the Contractor and all Subcontractors for this Project
must be approved by the Federal Government before award of the Contract can be
made.
2. LABOR COMPLIANCE PRE -CONSTRUCTION CONFERENCE
The Contractor and all its Subcontractors shall meet with representatives of the Agency
before the issuance of the notice to proceed for the start of construction. Discussion will
include Equal Employment Opportunity requirements, State and Federal safety
requirements, and labor compliance requirements. The Contractor will be notified regarding
the exact time and place of the meeting
3. UNITED STATES DEPARTMENT OF LABOR WAGE RATES
This is a Federally -assisted construction contract. Federal Labor Standards Provisions,
including prevailing wage requirements of the Davis -Bacon and related Acts will be enforced.
In the event of a conflict between Federal and State wage rates, the higher of the two will
prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code
Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for
failure to pay prevailing wages and employ apprentices including forfeitures and debarment.
The Contractor shall be responsible for complying and ensuring compliance with the Federal
Labor Standards Provisions by all Subcontractors.
4. FEDERAL RESTRICTIONS ON LOBBYING
The Contractor shall complete and submit to the Agency the Federal Lobbying Certification
Form which is included as part of the Bid Proposal. The language of this certification shall
also be included in all subcontracts for this Project. A copy of Standard Form LLL, which is
referred to in Part 2 of this certification, along with instructions for filling out this form, are
included as an attachment and also included as part of the Bid Proposal. Standard Form
LLL shall be submitted, if the Contractor meets the stated criteria, to the following prior to
the start of construction.
William G. Vasquez, CPD Director
U.S. Department of Housing & Urban Development
611 W. 6th St., #800
Los Angeles, CA 90017
5. SECTION 3
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that
helps foster local economic development, neighborhood economic improvement, and the
individual self-sufficiency. The Section 3 program requires that recipients of certain HUD
financial assistance, to the greatest extent feasible, provide job training, employment, and
contracting opportunities for low or very -low income residents in connection with projects
and activities in their neighborhoods.
6. SECTION 3 BID PREFERENCE
This Federally -assisted, Section 3 qualified construction project is subject to creating
economic opportunities to low- and moderate -income businesses and residents within the
Project area as required by the Housing Development Act of 1968 (as amended). To receive
consideration for the Section 3 bid preference, a bidder must submit the following forms,
completed and signed, with their bid proposal (forms are included in the bid proposal):
Section 3 Responsive Bidder is a bidder that submits a Section 3 Business Certification
from with the bid, and:
• Is 51% owned by low-income residents, or
• 30% or more of its permanent full-time employees are low-income residents, and
Provides the Section 3 Resident Certification form(s) for each qualified employee.
First preference will be given to a bidder who provides a reasonable bid within the Zone of
Consideration, (refer to the formula detailed in Exhibit 5) and submits a Section Business
Certification form reporting that the business is a qualified Section 3 Business Concern and
submits completed Section 3 Resident Certification form.
7. CONFLICT OF INTEREST
In the procurement of supplies, equipment, construction, and services by sub -recipients, the
conflict of interest provisions in 24 CFR 85.36. OMB Circular A-110, and CFR 570.611,
respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate
in selection, or in the award or administration of a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved.
EXHIBIT -1
HUD -4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States
of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions
applicable to such Federal assistance.
(1) MINIMUM WAGES
(i) 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 29 CFR 5.5(a)(1)(iv); 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 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321))
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.
(ii) Additional Classifications.
(A) Any class of laborers or mechanics 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. HUD shall approve an
additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division ("Administrator"), Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is
necessary. (Approved by the Office of Management and Budget ("OMB") under OMB control number 1235-0023.)
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
or HUD or its designee do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the
views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1235-0023.)
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(D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C)
of this paragraph, 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.
(iii) 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.
(iv) 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. (Approved by the
Office of Management and Budget under OMB Control Number 1235-0023.)
(2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the
U.S. 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, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or
owner, 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. HUD or its designee may, after written notice to the contractor, disburse such
amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are
due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts.
(3) Payrolls and basic records.
Maintaining Payroll Records. 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(s), 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. (Approved by the Office of Management
and Budget under OMB Control Numbers 1235-0023 and 1215-0018)
Certified Payroll Reports.
(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls
to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor
will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its
designee. 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 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 https://www.dol.gov/agencies/whd/forms or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
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Contractors and subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the
case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It
is not a violation of this subparagraph 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 HUD or its
designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.)
(B) 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:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in 29 CFR Part 3;
(3) 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; and
(C) 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 subparagraph
(a)(3)(ii)(b).
(D) 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 3729 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection,
copying, or transcription by authorized representatives of HUD or its designee or the U.S. 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, HUD or its designee may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. 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
subcontractors 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.
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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, fringe benefits 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.
(ii) Trainees. 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 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.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be
in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
(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 will insert in any subcontracts the clauses contained in subparagraphs (1)
through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require,
and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these
clauses 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 this paragraph.
(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 U.S. 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 HUD or its designee, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of Eligibility.
(i) 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) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
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(ii) 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 Actor 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or
certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment
(e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802.
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor
standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the
contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under
this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. 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 the individual is employed on such work to work in excess of 40 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 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
subparagraph B(1) of this paragraph, 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 subparagraph B(1) of this paragraph, in the sum set by the U.S.
Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in
subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28
U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written
request of an authorized representative of the U.S. 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 contract, 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 subparagraph B(2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1)
through (4) of this paragraph 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 subparagraphs B(1) through (4) of this paragraph.
C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law
91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on
each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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EXHIBIT - 2
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
REQUIREMENTS
EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the
contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractorwill take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
C. The contractor will send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided, advising the said labor union or
workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his/her books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
f. In the event of the contractor's noncompliance with the nondiscrimination
clause of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole, or in
part, and the contractor may be declared ineligible for further government
N
EXHIBIT - 2
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
g. The contractorwill include the provisions of Paragraph la through 1g in every
subcontract or purchase order unless exempted by rule, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause
and the Standard Federal Equal Employment Specifications set forth herein.
b. The goals and timetables for minority and female participation, expressed in
percentage terms for the contractor's aggregated work force in each trade on
all construction work in the covered area. are as follows:
Goals for Minority
Goals for Female
Participation for
Participation in
Timetables Each Trade
Each Trade
28.3%
6.9%
These goals are applicable to all the contractor's construction work (whether
or not it is Federal or federally assisted) performed in the covered area. If the
contractor performs construction work in a geographical area located outside
of the covered area, it shall apply the goals established for such geographical
area where the work is actually performed. With regard to this second area,
the contractor also is subject to the goals for both its federally involved and
non -federally involved construction.
The contractor's compliance with the Executive Order and the regulations in
41 CFR Part 60-4 shall be based on its implementation of the Equal
Opportunity Clause, specific affirmation action obligations required by the
specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the
2
EXHIBIT - 2
goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract and in each trade,
and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from contractor to contractor or from project to project
for the sole purpose of meeting the contractor's goals shall be a violation of
the contract, the Executive Order, and the regulations of 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
C. The contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within ten (10) working days of
award of any construction subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this solicitation. The
notification shall list the name, address, and telephone number of the
subcontractor; employer identification number of the subcontractor; estimated
dollar amount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be
performed.
d. As used in this notice, and in the contract resulting from this solicitation, the
covered area is the Standard Metropolitan Statistical Area of Los Angeles -
Long Beach, specifically the County of Los Angeles, State of California.
3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order
11246).
a. As used in these specifications:
(1) Covered area means the geographical area described in the
solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, or any person to whom
the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social
Security Number used on the Employer's Quarterly Federal Tax
Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central
EXHIBIT - 2
or South American or other Spanish culture or origin,
regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins
in any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and
participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include
in each subcontract in excess of $10,000 the provisions of these
specifications and the notice which contains the applicable goals for minority
and female participation and which is set forth in the solicitations from which
this contract resulted.
C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a
Hometown Plan approved by the United States Department of Labor in the
covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and time
tables) shall be in accordance with that Plan for those trades which have
unions participating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such
Hometown Plan. Each contractor or subcontractor participating in an
approved Plan is individually required to comply with its obligations under the
EEO Clause, and to make a good faith effort to achieve each goal under the
Plan in each trade in which it has employees. The overall good faith
performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor's or subcontractor's
failure to take good faith efforts to achieve the Plan goals and timetables.
d. The contractor shall implement the specific affirmative action standards
provided in paragraphs 3g (1) through 3g (16) of these specifications. The
goals set forth in the solicitation from which this contract resulted are
expressed as percentages of the total hours of employment and training of
minority and female utilization the contractor should reasonable be able to
achieve in each construction trade in which it has employees in the covered
area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted
construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are
published periodically in the Federal Register in notice form, and such notices
may be obtained from any Office of Federal Contract Compliance Programs
EXHIBIT - 2
office or from Federal procurement contracting officers. The contractor is
expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure
by a union with whom the contractor has a collective bargaining agreement,
to refer either minority or women shall excuse the contractor's obligations
under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be
employed by the contractor during the training period, and the contractor
must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs
approved by the United States Department of Labor.
The contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the contractor's compliance with
these specifications shall be based upon its effort to achieve maximum
results from its actions. The contractor shall document these efforts fully,
and shall implement affirmative action steps at least as extensive as the
following:
(1) Ensure and maintain working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
contractor's employees are assigned to work. The contractor, where
possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of
and carry out the contractor's obligation to maintain such a working
environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and female
recruitment sources and to community organizations when the
contractor or its unions have employment opportunities available, and
maintain a record of the organization's responses.
(3) Maintain a current file of the name, address, and telephone numbers
of each minority and female off -the -street applicant and minority or
female referral from a union, a recruitment source, or community
organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for
EXHIBIT - 2
referral and was not referred back to the contractor by the union or, if
referred, not employed by the contractor, this shall be documented in
the file with the reason therefore, along with whatever additional
actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union
or unions with which the contractor has a collective bargaining
agreement has not referred to the contractor a minority person or
woman sent by the contractor, or when the contractor has other
information that the union referral process has impeded the
contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The
contractor shall provide notice of these programs to the sources
compiled under 3g (2) above.
(6) Disseminate the contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel
and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to
all employees at each location where construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees
having any responsibility for hiring, assignment, layoff, termination or
other employment decisions including specific review of these items
with on- site supervisory personnel such as Superintendents, General
Foremen, etc., prior to the initiation of construction work at any job
site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
(8) Disseminate the contractor's EEO policy externally by including it in
any advertising in the news media, specifically including minority and
female news media, and providing written notification to and
discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing
business.
0
EXHIBIT - 2
(9) Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations; to schools with minority and female
students; and to minority and female recruitment and training
organizations serving the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the
acceptance of applications for apprenticeship or other training by any
recruitment sources, the contractor shall send written notification to
organizations such as the above, describing the opening, screening
procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female
youth, both on the site and in other areas of a contractor's work force.
(11) Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on
Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments,
and other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment-related activities
to ensure that the EEO policy and the contractor's obligations under
these specifications are being carried out.
(14) Ensure that all facilities and company activities are non -segregated
except that separate or single -user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to
and performance under the contractor's EEO policies and affirmative
action obligations.
Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations 3g(1)
EXHIBIT - 2
through (16). The efforts of a contractor association, joint contractor -union,
contractor -community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling any one or more of its
obligations under 3g(1) though (16) of these specifications provided that the
contractor actively participates in the group, makes every effort to ensure that
the group has a positive impact on the employment of minorities and women
in the industry, ensures that the concrete benefits of the program are
reflected in the contractor's minority and female work force participation,
makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply, however,
is the contractor's, and failure of such a group to fulfill an obligation shall not
be a defense for the contractor's noncompliance.
A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide equal
employment opportunity and to take affirmative action for all minority groups,
both male and female, and all women, both minority and non -minority.
Consequently, the contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women
generally, the contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).
The contractor shall not use the goals and timetables of affirmative action
standards to discriminate against any person because of race, color, religion,
sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
The contractor shall carry out such sanctions and penalties for violation of
these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as
amended.
M. The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative actions steps, at least as extensive as those
standards prescribed in Paragraph 3g of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the
EXHIBIT - 2
Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause
Notice).
n. The contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being
carried out, to be required by the Government and to keep records. Records
shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation, if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at
which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain
separate records.
Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
The Director, from time to time, shall issue goals and timetables for minority
and female utilization which shall be based on appropriate work force,
demographic or other relevant data and which shall cover construction
projects or construction contracts performed in specific geographic areas.
The goals, which shall be applicable to each construction trade in a covered
contractor's or subcontractor's entire work force which is working in the area
covered by the goals and timetables, shall be published as notices in the
Federal Register, and shall be inserted by the contracting officers and
applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in
excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding
authority prior to contract award: Certification of Non -segregated Facilities
and Certification with Regard to the Performance of Previous Contracts or
Subcontracts Subject to the Equal Opportunity Clause and the Filing of
Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of
Federal Contract Compliance Programs, United States Department of Labor -
ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C.,
20210, within 10 working days of award of any subcontract in excess of
$10,000, listing the name, address, and telephone number of the
W
EXHIBIT - 2
subcontractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting date and completion dates of the subcontract;
and the geographical area in which the contract is to be performed.
C. Send a notice of the contractor's commitment to equal employment
opportunity to labor unions or representatives of workers prior to
commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place
available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal
Employment Opportunity requirements by including the provisions of
Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed,
forward the Monthly Employment Utilization Report (Form CC -257) to the
contract awarding authority by the end of each work month. With the initial
monthly report, the contractor/subcontractor shall attach the Contractor's List
of Federal and Non -Federal Work in Bid Condition Area to the monthly report.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no
person shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974. No person in the United States on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in whole or in part with funds
made available under this title.
THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall,
on the basis of age, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal
financial assistance.
8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps
in the United States shall, solely by reason of his or her handicap, be excluded from
the participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal assistance.
10
EXHIBIT - 3
CONTRACTING WITH SMALL BUSINESS
MINORITY FIRMS, WOMEN°S BUSINESS ENTERPRISE
AND LABOR SURPLUS AREA FIRMS
It is national policy to award a fair share of contracts to Small Business and Minority Firms.
Accordingly, affirmative steps must be taken to assure that Small Business and Minority
Firms are utilized, when possible, as sources of supplies, equipment, construction and
services. Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists.
b. Assuring that Small Business and Minority Firms are solicited whenever they are
potential sources.
C. When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum Small Business and Minority Firm participation.
d. Where the requirement permits, establishing delivery schedules which will encourage
participation by Small Business and Minority Firms.
e. Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce, as required.
If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women's Business
Enterprises.
Grantees are encouraged to procure goods and services from Labor Surplus Areas.
EXHIBIT - 4
COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $100,000)
During the performance of this contract, the contractor and all subcontractors shall
comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq.,
the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15. as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors
shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in
the performance of any non exempt contract or subcontract,. is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued there under.
3. A stipulation that as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract,
is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the
criteria and requirements in paragraph (1) through (4) of this section in every
nonexempt subcontract and requiring that the contractor will take such action as
the government may direct as a means of enforcing such provisions.
SECTION 3 CLAUSE
(All Section 3 covered contracts shall include the Section 3 Clause)
Section 3 Clause
Wcu_1
a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by the U.S.
Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
b. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the Part 135 regulations.
c. The contractor agrees to send to each labor organization or representative of workers which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's commitments under this Section 3
Clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice shall; describe the
Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each, and the name and location of the
persons) taking applications foe each of the positions, and the anticipated date the work shall begin.
The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with
regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of regulations under 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be
directed, where not filled to circumvent the contractor's obligations under 24 CFR Part 135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance,
Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent
feasible; (i) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b).
A Section 3 Responsive bidder is a bidder that submits a Section 3 Business Certification form with the bid, and
1. Qualifies as a Section 3 Business concern because the business
-Is 51% owned by low-income residents, or
•30% or more of its permanent full-time employees are low-income residents, and
-Provides the Section 3 Resident Certification form(s) for each qualified employee.
Preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern.
A Section 3 Non-responsive bidder is a bidder that:
► Fails to provide a Section 3 Business Certification form documenting Section 3 qualifications with a bid response, or
► Fails to provide a Section 3 Business Certification form and an Economic Opportunity Plan with a bid response.
However, if the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration),
as defined below, the construction contract shall be awarded to the lowest bid from any responsive and responsible bidder.
A REASONABLE bid is a bid that is not more then the value of "X" higher than the LOWEST BID.
1. The actual dollar amount of bid received from any responsible bidder, PLUS
2. The "X" FACTOR, which is the lesser of;
a. The dollar amount of the required percentage listed on the chart below of the Bid submitted, or
b. The actual dollar amount listed on the chart below.
3. Equal the MAXIMUM ACCEPTABLE BID.
ZONE OF CONSIDERATION
If the Lowest
At Least
Bid is
But Less Than
The "X"
is the
FACTOR
Lesser than
$100,000
N/A
10%
$9,000
$100,000
$200,000
9%
$16,000
$200,000
$300,000
8%
$21,000
$300,000
$400,000
7%
$24,000
$400,000
$500,000
6%
$25,000
$500,000
$1,000,000
5%
$40,000
$1,000,000
$2,000,000
4%
$60,000
$2,000,000
$4,000,000
3%
$80,000
$4,000,000
$7,000,000
2%
$105,000
$7,000,000
1.5%
NON -SEGREGATED FACILITIES CERTIFICATION
FEDERALLY -ASSISTED CONSTRUCTION PROJECTS
The federally -assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally -assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally -assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date:
Company:
Address:
By:
Title:
Project Number:
EXHIBIT - 7
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The ❑bidder, ❑proposed sub -contractor, hereby certifies that he/she ❑has, ❑has not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she ❑has, ❑has not, filed with the Joint
Reporting Committee, 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 filing requirements.
Date: Project Number: ContractAward
Awarding Agency:
Contractor Name:
Affiliate Company:
12
Title:
Total Number of Employees
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 are 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).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed 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 U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF -100 (EEO -1) must be filed by;
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or
c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
County Lobbyist Certification
Name of Firm:
Address:
Telephone: ( )
Date:
EXHIBIT - 8
Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the
County of Los Angeles, to the Community Development Commission, County of Los Angeles, and to
the City of Rosemead, as the local contracting agency (LCA);
1) It is understood that each person, entity, or firm who applies for a Community Development
Commission contract, and as part of that process, shall certify that they are familiar with the
requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County
Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply
with the County Code, and;
3) That any person, entity, or firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and, shall be liable in
civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity
acting on behalf of the named firm fails to comply with the provisions of the County Code.
This certification is material representation of facts upon which reliance was placed when this transaction
was made or entered into.
Authorized Official:
(Print Name of Contractor's Authonzed Representative) (Signature of Contractor's Authorized Representative)
(Date)
EXHIBIT - 9
WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of
the work of this contract.
Date:
Project Name: _
Company Name:
Address:
Print Name:
Title:
Signature:
Project Number:
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EXHIBIT - 11
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
OMB Approval Nurrbx2501 -001 1
(E)p. 8131=22)
1. FROM (name and address of requesting agency
2. PROJECT NAME AND NUMBER
3. LOCATION OF PROJECT (City, County and State)
4. BRIEF DESCRIPTION OF PROJECT
S. CHARACTER OF CONSTRUCTION
❑ Building ❑ Residential
❑ Heavy ❑ Other (specify)
❑ Highway
6. WAGE DECISION NO. (include modification number, if arty) DATE of WAGE DECISION:
7. WAGE DECISION EFFECTIVE
DATE (LOCK4N):
❑ COPY ATTACHED
8. WORK CLASSIFICATION(S)
HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9. PRIME CONTRACTOR (name, address)
9a.
10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE
(name, address)
❑ Agree
❑ Disagree
9b. SIGNATURE
DATE
Check All That Apply
❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
❑ The proposed classification is utilized in the area by the construction industry.
❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in
the wage decision.
❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
❑ Supporting documentation attached, including applicable wage decision.
Check One:
❑ Approved, meets all criteria. DOL confirmation requested.
❑ One or more classifications fail to meet all criteria. DOL decision requested.
FOR HUD USE ONLY
LR2000:
Agency Representative Date
Log in:
(Typed name and signature)
Log out:
Phone Number
EXHIBIT -12
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
Name of Business (Contractor):
Project Name:
Project Number:
The Undersigned currently holds a contract with , involving
funds of the U. S. Government, or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract, and in accordance
with Executive Order 11246, the undersigned is obligated not to discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin. This obligation
not to discriminate in employment includes, but is not limited to the follow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous
places available to employees or applicants for employment.
La
(Date)
(Stgoamn,)
EXHIBIT -13
NOTICE OF SECTION 3 COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
Name of Business (Contractor):
Project Name:
The Undersigned currently holds a contract with _
involving Block Grant (CDBG) funds from the U.
or a subcontract with a prime contractor holding
(Address)
Project Number:
S. Department of Housing and Urban Development
such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Minimum
Job Classification
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is
contact
rMmn I—
For additional information, you may
at ( )
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Signawr )
(Date)
EXHIBIT -14
SECT/ON3ECONOMIC OPPORTUNITY PLAN
(OMOY7n
Business Name El Bidder: OContractor Dollar Amount of O Bid O Contract:
Date Plan Submitted to LCA:
Business Address
Name of Owner or Authorized Agent
Signature Owner or Authorized Agent
Local Contracting Agency (LCA):
Section 3 Coordinator.
Contact Information for Section 3 Coordinator:
CDBG Project Number
Project Name:
Project Location:
Employment & Trainin Opp Ortunitles (Minimumgoal 30% of total new hires must be income qualified. Attach completed Resident Cerb'Acation form breach new hire)
WORK CLASSIFICATIONS
Number
Of
Positions
Proposed advertising and outreach strategies
P 9 9
(seereverse side ofthis form fa assistance)
Professionals
Name of BUSINESS
Basic Trade
Type of Contract
Technicians
Ofice/Clehcal
Trade:
❑Non -Construction Contract
Trade:
OConsbuction
Trade:
❑Non -Construction Contract
Trade:
Subcontracting Opportunities (attach a completed Section 3 Business Certification form for each contract)
Proposed advertising and outreach strategies
Name of BUSINESS
Basic Trade
Type of Contract
(referro the list of proposed subcontractors or see reverse side ofthis form lcrassistance)
OConsbucfion
❑Non -Construction Contract
OConsbuction
❑Non -Construction Contract
OConsruction
❑Non ConsWction Contract
LIConstruction
LINon-Construction Contract
OConstruction
❑Nan -Construction Contract
OConstruction
[]Non-Consbuction Contract
Total Subcontracting Dollars: $
Total amount of Bid: $
Minimum goal is 25% of the prime contract award
EXHIBIT - 14
TRACKING OUTREACH EFFORTS FOR CONTRACTORS
Attach supporting documentation for each 'good faith effort' accomplishment
Entered into a first -source hiring agreement with organizations representing income -qualified residents
(such as Work Source Center or San Gabriel Valley Conservation Corps; hfo://sovcorps.orgl ) and provide the contractor
Provide contractor with the address orthe local Work Source Center.
Posted ❑training and/or ❑employment position flyers in;
❑public housing developments — (Name of Public Housing
❑offices of the local government, (Name of Office r,
and
El other conspicuous places — Name & Place ).
❑ Advertised positions to be filled through;
❑local media, such as community television networks (Name ofinediasource
❑newspapers of general circulation, or
❑commonly -used job placement websites such as www.monster.com (Website used I
Contacted an agency administering a HUD Youthbuild Program and requested their assistance to recruit income -
qualified participants who are in need of permanent placement.
Provide contractor with the address of the local Youthbuild Center.
❑ Sponsor a HUD -certified "Step -Up" employment and training program for income -qualified residents.
❑ Contacted agencies administering a Section 3 Program for a list of qualified business concerns. (List names below)
EXHIBIT - 15
2019 INCOME CERTIFICATION
(Section 3 of the Housing 8 Urban Development Act of 1968, as amended)
Name:
Address:
hereby certify that I am (Check the applicable statement below):
❑ A Public Housing resident (Specify the Name of the Public Housing site);
❑ A low-income resident of the metropolitan area of Los Angeles/Orange County, based on the following
Check ✓Family Size and the gross annual ✓Income from all sources below;
FAMILY SIZE
INCOME LIMITS
1 ❑
$21,950 or less ❑
$21,951 to $36,550 ❑
$36,551 to $58,450 ❑
$58,451 or more ❑
2 ❑
$25,050 or less ❑
$25,051 to $41,800 ❑
$41,801 to $66,80o ❑
$66,801 or more ❑
3 ❑
$28,200 or less ❑
$28,201 to $47,000 ❑
$47,001 to $75,150 ❑
$75,151 or more ❑
4 ❑
$31,300 or less ❑
$31,301 to $52,200 ❑
$52,201 to $83,500 ❑
$83,501 or more ❑
5 ❑
$33,850 or less ❑
$33,851 to $56,400 ❑
$56,401 to $90,200 ❑
$90,201 or more ❑
6 ❑
$36,350 or less ❑
$36,351 to $60,6o0 ❑
$60,601 to $96,900 ❑
$96,901 or more ❑
7 ❑
$39,010 or less ❑
$39,011 to $64,750 ❑
$64,751 to $103,550 ❑
$103,551 or more ❑
8 ❑
$43,430 or less ❑
$43,431 to $68,950 ❑
$68,951 to $110,250 ❑
$110,251 or more ❑
❑ Not a public housing or low-income resident of the metropolitan area of Los Angeles/Orange County.
Certified by signature below, under penalty of perjury under the laws of the State of California; that the foregoing is true and correct.
Pn'nt Full Name
Date
THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT
The above-named person is; []an applicant ❑ a permanent full-time ❑ a new -hire employee / Dale of hire: El N/A
This person's Work Classification is:
Business Name Print Name of Owner/Agent Signatrue of Owner/Agent Date
1 t11N NEC 11UIN 1V1UN 1 BL CU1V1rLE 1 EL 0 Y
Name of LCA Project Name Project Number
Income Level: ❑Extremely Low ❑ Very Low ❑ Low ❑ Over the qualifying income limit
❑Not income qualified for the following reason(s):
Preference Category: ❑Targeted Service Area- Provide Census Tract and Block Group
[]Youth Build Program ❑McKinney Homeless Program ❑Other qualified Program:
Print Name of Section 3 Coordinator Signature Date
EXHIBIT - 16
SECTION 3
BUSINESS CERTIFICATION
❑Contractor ❑Subcontractor Business Name:
Business Address:
❑Bid or []Contract Amount:
Email Address:
The above business concern ❑is or ❑is not a Section 3 -qualified business based on the following:
❑ 51% of this business is owned by income -qualified resident(s)
A completed Resident Certification form for each owner must be attached to and submitted with this form.
Total number of owners — Number of income -qualified owners
❑ 30% or more, permanent, full-time employees are income -qualified residents
A completed Resident Certification form for each employee must be attached to and submitted with this form.
Total number of all full-time employees — Number of income -qualified employees
The owner/authorized representative of the above listed business concern certifies under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Name of OwnedPfincipal Signature of OwneflPdncipal
Date
SECT/ON3BUSINESS CONCERN DETERMINATION
TO BE COMPLETED BY THE LOCAL CONTRACTING AGENCY SECTION 3 COORDINATOR
Based on the support documentation submitted for our review, we have determined that this business concern;
❑is or Elis not a qualified business concern, and
❑does or Eldoes not quality for a bid preference for the federally -funded construction pgect identified below.
CDBG Project Number Pmjed Name Project Location
Comments:
Local Contracting Agency Section 3 Coordinator Date of Determination
FEDERAL LOBBYIST CERTIFICATION
Name of Firm:
Address:
State: Zip Code:
Telephone Number: (
EXHIBIT -17
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S.
Department of Housing and Urban Development and the Community Development Commission, County of Los
Angeles.
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any
person for influencing or attempting to influence an officer or employee of any agency, a 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 and Federal grant, loan or
cooperative agreement, and any extension, continuation, renewal, amendment, or modification
thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee or any agency, a Member of Congress
an officer or employee of Congress or an employee of a Member of Congress in connection with
this
Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions, and;
3) The above name firm shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction
imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
By:
(Contractor/Sob000rcactor)
(Date)
EXHIBIT -18
SECTION 3 ECONOMIC OPPORTUNITY REPORT
❑Contractor❑Subcontractor:
Contract Amount:
$
Reporting Period
FROM TO
Business Address:
Name of Owner or Authorized Agent:
Signature Owner or Authorized Agent
Local Contracting Agency (LCA):
Section 3 Coordinator.
Telephone Number
COPS Project Number:
Project Name:
Project Location:
Employment Accomplishments (attach completed Resident
Income -
TOTAL qualified
WORK CLASSIFICATIONS NEW HIRES NEW HIRES
Professionals
Technicians
OfricelClencal
Trade'.
Trade'.
Trade:
Totals:
Efforts made to generate economic opportunities
❑Advertised through local media, television, radio, newspaper
❑Signs prominently displayed at the project site
❑Contacts with community organizations
❑Other
Barriers encountered in meeting goals
❑ No jobs were available during this reporting period.
❑Other
Minimum goal is 30% of the total new hires
The "to date' percentage of aggregate new hires who are Section 3 qualified residents that were hired for this project is:
Subcontracting Accomplishments (attach a completed Business Certification form and supporting Resident Certification forms)
CONTRACT
SECTION 3 qualified BUSINESS NAME Type of Contract Supporting Documentation Performance AMOUNT
❑Construction or ❑Business Certification ❑Responsive to Section 3 requirements
[]Non -Construction ❑Resident Certifications ❑Non -Responsive $
Subtotal of "to date" non -Section 3 subcontract dollars $
Total "to date' subcontracting dollars: $
Minimum Goal is 25% of the total subcontracting dollars
The "to date" percentage of the amount of the total subcontracts awarded to qualified Section 3 Business Concerns is:
1-1 Check this box if this is your Final Report and submit it with your final Certified Payroll Report DATE OF REPORT Signature ofAuthori ed 4msentative
❑Construction or
[IN
❑Business Certification
I ❑Resident Certifications
El Responsive to Section 3 requirements
❑Non -Res onsive $
❑Construction or
❑Business Certification
❑Responsive to Section 3 requirements
❑Non-ConsVuction
❑Resident Certifications
❑Non -Responsive $
Subtotal of
"to date" Section 3 subcontract dollars $
Non -SECTION 3 BUSINESS NAME Type of Contract
❑Construction or,
❑Non -Construction
$
❑Construction or
❑Non-Construcbon
$
Subtotal of "to date" non -Section 3 subcontract dollars $
Total "to date' subcontracting dollars: $
Minimum Goal is 25% of the total subcontracting dollars
The "to date" percentage of the amount of the total subcontracts awarded to qualified Section 3 Business Concerns is:
1-1 Check this box if this is your Final Report and submit it with your final Certified Payroll Report DATE OF REPORT Signature ofAuthori ed 4msentative
TO: Contract Compliance Officer, Program Management Unit
Community Development Commission, County of Los Angeles
Date of Evaluation:
SECTION 3 BID EVALUATION MEMORANDUM
04103/17)
Local Contracting Agency:
Project Name:
EXHIBIT -19
Section 3 Coordinator Name
CDBG Project Number:
Bid Opening Date:
KCA*VIVA12Lt1Mt*0 OF BID (Satrw6ackrdeoftkufomforzmtanccwitfim4vGtingtfi znmofComderaE )
N
Enter the lowest bid amount here:
X-FACTORADD the Lesser of $ ( % of Low Bid) OR $ $'
In order to receive a preference a Reasonable Bid cannot exceed this amount:
RESPONSIVENESS TO SECTION 3 REQUIREMENTS
res
NO
Bid Amount
(List Low Bid First
BUSINESS NAME:
Is
A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is;
❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR
❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file
BUSINESS NAME:
A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is;
❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR
❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file
BUSINESS NAME:
I
Is
A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is;
❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR
❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file
BUSINESS NAME:
A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is;
❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR
❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file
Guidelines for completing the above:
iv Check the proposer's eligibility with the SAM website and ensure that they are responsive to the bid, are a responsible bidder, and hold a contractor cunent license.
2nd Identify the lowest responsive and responsible bidder first in order to calculate the Zone of Consideration.
3,d Determine the Maximum Acceptable Bid by using the X -Factor listed on the reverse side of this form.
4d• List all bidders that are within the zone of consideration, staring with the lowest bid.
Finally, Identify Section 3 responsive bidders within the Zone of Consideration, document you recommendation below and provide CDC with a copy of this memorandum.
No bidders were able to meet the Section 3 responsive and reasonable bidding
❑requirements for a bid preference. Therefore, a construction contract will be
awarded to the lowest responsive and responsible bidder in accordance with our
oolicv and consistent with public contract code
lumen
o'V_n)
EXHIBIT -19
GUIDELINES FOR COMPLETING THE SECTION 3 BID EVALUATION MEMORANDUM
......................................................4444.........................................................
NOTE: This Section 3 Bid Evaluation Memorandum form is required duan procurement when;
—The project budget includes $200,000 or more of housing & development funds (such as CDBG or HOME funds), AND
—The Loral Contracting Agency (LCA) anticipates awarding a contract in the amount of $100,000 or more
:..................................... .............. .............................................................................................
SECTION 3 BID PREFERENCE may be given to a bidder who is a qualified Section 3 Business Concern; and provides a reasonable bid.
A Section 3 Business is a business where fifty-one percent (51%) of the business is owned by a resident of Los Angeles/Orange County that meets the
income guidelines; or 30% or more of the permanent workforce are residents who live in Los Angeles/Orange County and meet the income guidelines.
A Section 3 RESPONSIVE BIDDER is a bidder that submits a Section 3 Business Certification form with their bid, documenting that they qualify as a
Section 3 business concern because they are;
a) 51 % of the business is owned by a resident of Los Angeles County/Orange County who meet the income guidelines; or
b) 30% or more of the permanent workforce is comprised of residents who live in Los Angeles/Orange County that meet income guidelines.
A Section 3 NON-RESPONSIVE BIDDER is a bidder that fails to provide a Section 3 Business Certification form and all signed Resident Certification
supporting forms with a bid response,
A Section 3 REASONABLE BID is a bid that is not more then the value of "X' HIGHER than the LOWEST BID. The X- FACTOR; a standard formula
used to determine the maximum dollar amount that can be add to the lowest bid when considering a bid preference for Section 3 qualified business
concern. Calculate the maximum acceptable bid or highest dollar amount that can be considered in awarding the contract to a Section 3 qualified business
concern by adding the lesser of the percentage (dollar amount of the lowest bid) or the dollar amount provided in the row for the bid range column (see
chart below). The lowest bid can be increased by the calculated dollar amount resulting from this computation when you are applying the bid a preference.
BID RANGE
At Least
— if the Lowest Bid is
But Less Than
The X•FACTOR
is the lesser than
$100,000
NIA
10%
$9,000
$100,000
$200,000
9%
$16,000
$200,000
$300,000
8%
$21,000
$300,000
$400,000
7%
$24,000
$400,000
$500,000
6%
$25,000
$500,000
$1,000,000
5%
$40,000
$1,000,000
$2,000,000
4%
$60,000
$2,000,000
$4,000,000
3%
$80,000
$4,000,000
$7,000,000
2%
$105,000
$7,000,000
1.5%
NOTE: If the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration), OR no bidders are responsive
to Section 3 requirements, no preference should be given and the contract will be awarded to the lowest bid from any responsive and responsible bidder
in accordance with the LCA's policy and procedures, consistent with California Public Contracting Code.
When awarding a contract to the lowest and responsible the contractor must commit to documenting good -faith efforts to achieve Section 3 goals of:
-Hiring 30% of aggregate new hires who reside in Los Angeles/Orange County and are income qualified,
-Subcontract 25% of the total subcontracting dollars to Section 3 qualified business concerns
This commitment is accomplished by submitting a signed Section 3 Commitment form and with a detailed Economic Opportunity Plan attached to the
commitment prior to signing a contract. The contractor will be required to provide the LCA with a completed Economic Opportunity Report with their final
Certified Payroll Report.
TO:
AGENCY REPORT OF CONTRACT AWARD
Program Manager/Contract Compliance Officer, Grants Management Unit
Community Development Commission, County of Los Angeles
Project Name
Name of the Local Contracting Agency (LCA)
Project Number
EXHIBIT — 20
Date:
Agency's Primary Contact Person
LCA — Labor Standards Officer's Name
This Agency reports the date for ❑formal bid opening, or ❑informal solicitation for this construction contract was:
This ❑Contract ❑Subcontract was awarded to the contractor identified below on (Date)
The contract amount for the construction activity to be performed by this Contractor, as detailed below, is: $
THE SPECIFIC
Estimated Start Date:
Estimated Completion Date:
LSO Initials
IDENTIFY THE TRADES TO BE USED BY THIS CONTRACTOR AT THE CONSTRUCITON SITE
Estimated Workforce:
Asbestos Worker
Equipment Operator Group
Lather
Roofer
Bricklayer
Glazier
Marble setter
Sheet metal worker
Carpenter
Ironworker
Painter
Terrazzo Worker
Cement Mason
Laborer Group
Plasterer
Tile layer
ElectricianH
Labor/Striper Group
Plumber
(other)
3. This is a Section 3 qualified contract and a Section 3 Pre -Bid Meeting was held on (Date) El N/A
A copy of the completed Section 3 Bid Evaluation form was provided to the CDC on (Date) ❑N/A
4. The LCA verified this Contractor's Eligibility prior to contract award and documented the project file with search results from:
The List of Parties Excluded from federal contract award internet website (htlos:l/www.sam.gov) on (Date)
The California Contractors State Licensing Board (CSLB) internet website (hfp://www.csib.ca.govl on (Date)
The California Department of Industrial Relations (DIR) internet website (https://efiling.dir.ca.gov) on (Date)
5. The Contractor(s) acknowledge, by signature below, that: "This construction project is funded in whole or in Part with Federal funds."
6. A copy of the Federal Labor Standards Provisions (HUD -4010 form), is attached to the contractor's copy of this form.
7. A copy of the applicable Federal Wage Decision (identified below) is attached to the contractor's copy of this form.
Federal Wage Decision Number: CA Mod._, DATED (htto:/N✓wwmdol.govo.
8. The Contractor(s) further acknowledge that federal prevailing wage and fringe benefit rates must be paid to all workers each week.
9. The LCA sent a Notice of Contract Award letter to the U.S. Dept. of Labor, OFCCP (contracts $10,000 or more) on (Date) ❑N/A
[]PRINT— OPdme Contractor ❑Subcontractor Company Name ❑PRINT-0Prime❑Sub OLower-tier Contractor Company Name
Signature: _
Print Name:
Title:
Address:
Employer Identification Number:
Contractor License Number:
[]Black American ❑ Women Owned Business
❑White American []Minority Owned Business
[]Hispanic American ❑Section 3 Quafified Business
Signature: _
Print Name:
Title:
Address:
Employer Identification Number:
Contractor License Number:
❑Native American []Black Amencan E] Women Owned Business
❑Hasidic Jews ❑White American []Minority Owned Business
[]AsianrPacific American ❑Hispanic American ❑Section 3 Quafified Business
❑Native American
❑Hasidic Jews
[]Asian/Pacific American
EXHIBIT - 20
GUIDELINES FOR COMPLETING THE AGENCY REPORT OF CONTRACT AWARD FORM
The Agency Report of Contract Award (ARCA) form is designed to protect the interest of all parties concerned and should be completed at the preconstruction
conference. Send a copy of the completed form to the GMU Program Manager/Contract Compliance Officer via email. The ARCA will be processed as follows:
• Local Contracting Agency (LCA) must;
o Enter the basic project information on the form,
o Enter the dollar amount of the Prime Contract
o Explain the prevailing wage requirements as outlined in the specifications,
o Do not sign the form until it is returned, completed by the prime and/or sub,
o Collect form from the contractor and review for accuracy,
o Sign and fax or email completed forms to the CDBG Reporting Unit.
Prime Contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work,
o Identify the basic trades and number of workers to be used on site,
o Complete lower left section — business address and EEO portion, and
o Sign and return the form to the LCA.
o For Subcontractor form, provide the dollar amount of each subcontract
• Ensure subcontractor has a copy of the HUD -4010 form & Federal Wage Decision
• Collect form from the subcontractor, review it for accuracy, and forward to LCA.
• Subcontractor must;
o Provide an estimated start and end dale, and a summary the Scope of Work,
o Identify the basic trades and number of workers to be used on site,
o Complete lower right section — business address and EEO portion, and
o Sign and return the form to the Prime Contractor.
1. Date of formal Bid Opening or Informal Solicitation Date: LCA identifies the date of formal bid opening was held. For an informal solicitation,
the date that the contractor signed a construction contract with the LCA.
2. Contract Award Date: Prime Contracts, the date an agreement was signed with the LCA.
Subcontracts, the date an agreement was signed with the prime contractor.
3. Section 3 Qualified Contracts: The agency's LSO or Section 3 Coordinator will conduct a presentation at the Section 3 Pre -Bid Meeting. The meeting
must be held by the LCA to inform prospective bidders of hiring and employment requirements and the bid preference opportunity allowed by the Section 3
requirements. Also, during the bid evaluations, the LCA will include a Section 3 analysis to determine each bidder's Section 3 Responsiveness and provide
CDC with a copy of their evaluation.
4. Contractor Eligibility: Prior to awarding any contract or subcontract the LCA must ensure that each contractor is eligible to receive a federally -funded
construction contract. Ensuring that each contractors license is current and active is part of the LCA bid evaluation process and the eligibility check includes:
1. Obtaining the state license number of each bidder and proposed subcontractor
2. Contact the CA Contractor State License Board at (800) 321-2752 or on-line at htto://www.cslb.ca.aov
3. Enter the contractor's license number and click on "Check License"
4. The License Detail page will display; Business Information, License Status, Personnel List, etc.
5. Print a copy of this page to assist in completing the contractor's eligibility verification.
6. Access the CA Department of Industrial Relations website(httos'//efilina.dir.ce.cov/PWCR/Search.action)
7. Access the Federal List of Excluded Parties on-line at httos://wvnv.sam.gov/
8. Enter the business name and all personnel as they appear on the license search
9. The results of your search will be displayed, print a copy and place it in your Labor Standards Enforcement file
5. Contractor Acknowledgement: acknowledges that the project is federally -funded and the prevailing wage requirements of the Davis -Bacon and
Related Acts will be administered, monitored, and enforced by the LCA, or their assigned representative, in accordance with the Federal Labor Standards
Provisions.
6. Federal Labor Standards Provisions: A copy of the current HUD -4010 form that outlines the labor requirements for each contractor must be included
in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $25,000. The Prime
Contractor must attach a current copy of the HUD4010 form to each subcontract.
7. Federal Wage Decision: A copy of the current Wage Decision that identifies the minimum hourly wage and fringe benefit payments to workers must also
be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $2,000.
The Prime Contractor must attach a copy of the applicable Wage Decision and HUD4010 form to each subcontractor ARCA to ensure that each subcontractor
was informed of his/her obligation to pay prevailing hourly wages and fringe benefits to workers each week.
8. Contractor's Acknowledgement: Federal prevailing wage and fringe benefits rates must be paid to workers each week.
9. Notice of Contract Award: For all contracts awarded in the amount of $10.000 or more, the LCA must ensure that a "Notice of Contract Award" letter is
sent to the Office of Federal Contract Compliance Programs (OFCCP) at the address below and a copy of the signed letter must be placed in the project file.
U.S. Department of Labor, Office of Federal Contract Compliance Programs
1640 South Sepulveda Boulevard, Suite 440
Los Angeles, CA 90024
EXHIBIT - 21
CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION
Project
Contracting Agency
Project Number:
This is to certify that the principal and the authorized payroll officer(s), listed
below, have received and read and a copy of the Federal Labor Standards
Provisions (HUD -4010) and a copy of the Contractor's Guide to prevailing
Wage Requirements for Federally -Assisted Construction Projects, and that
they understand the labor standards clauses pertaining to the above listed
projects.
The following person(s) is/are designated as payroll officer for the undersigned
and is/are authorized to sign the Statement of Compliance forms which will
accompany each weekly payroll report for contractor listed below during the
duration of this project.
❑ Contractor ❑Subcontractor Business Name
Officer Name (Print)
Payroll Officer Name (Print)
License Number
Payroll Officer (Signature)
Payroll Officer (Signature)
of Person Authorized to Sign (Print) (Authorized Signature)
Date
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FRINGE BENEFIT PAYMENT CERTIFICATION
PROJECT NAME
IW1/:11:11 a
LOCAL CONTRACTING AGENCY
CDBG Project Number:
Work Classification
Name, Address, and Telephone Number
HOURLY FRINGE BENEFITS PROVIDED
of the Approved Plan, Fund, or Program
Health & Welfare $
Pension $
Vacation $
Apprentioeshipffraining$
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprentimshipffraining $
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeshipffraining $
Other ex Iain $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeshipffrainin $
Other (explain) $
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
A renticeshi /rrainin $
Other (explain) $
TOTAL HOURLY FRINGE $
I Certify under penalty of oedury that:
❑ I make payments to approved fringe benefit plans, funds, or programs as listed above.
OR
❑ I DO NOT make payments to approved fringe benefit plans, funds, or programs.
Benefits are added to hourly rates and paid each week to the employees.
(Print Company Name) (Print Name of Person Authorized to
Contractor License Number:
By:
Date: Title:
EXHIBIT - 23
EMPLOYEE RIGHTS
UNDER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS
EMPLOYED ON FEDERAL OR FEDERALLY
ASSISTED CONSTRUCTION PROJECTS
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
PREVAILING
You must be paid not less than the wage rate listed in the Davis -Bacon
WAGES
Wage Decision posted with this Notice for the work you perform.
OVERTIME
You must be paid not less than one and one-half times your basic
rate of pay for all hours worked over 40 in a work week. There are few
exceptions.
ENFORCEMENT
Contract payments can be withheld to ensure workers receive wages
and overtime pay due, and liquidated damages may apply if overtime
pay requirements are not met. Davis -Bacon contract clauses allow
contract termination and debarment of contractors from future federal
contracts for up to three years. A contractor who falsifies certified
payroll records or induces wage kickbacks may be subject to civil or
criminal prosecution, fines and/or imprisonment.
APPRENTICES
Apprentice rates apply only to apprentices properly registered under
approved Federal or State apprenticeship programs.
PROPER PAY
If you do not receive proper pay, or require further information on the
applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor's Wage and Hour Division.
For additional information: ME
(1-866-487-9243) TTY: 1-877-889-5627 U.S. WW and How Divlm
WWW.WAGEH0UR.D0L.G0V
U.S. Department of Labor I Employment Standards Administration I wage and Hour Division
wars nnr.""noel
EXHIBIT - 23
DERECHOS DEL
EMPLEADO
BAJO LA LEY DAVIS-BACON
PARA OBREROS Y MECANICOS EMPLEADOS
EN PROYECTOS DE CONSTRUCCIUN
FEDERAL 0 CON ASISTENCIA FEDERAL
LA SECCION DE HORAS Y SUELDOS DEL DEPARTAMENTO DE TRABAJO DE EEUU
SALARIOS No se le puede pager menos de la toss de pago indicada an Is Decision de Salarios
PREVALECIENTES Davis -Bacon fijada con este Aviso para el trabajo qua Ud. desempena.
SOBRETIEMPO Se Is he de pagar no menos de tiempo y medic de su lase basica de pago por
o p6ngase an contacto con la Seccidin de Horas y Sueldos del Departamento de
Trabajo de EEUU.
Para obtener informacion adicional: ��
1-866-4-USWAGE
(1-866-487-9243) TTY: 1-877-889-5627 O.S. Wage ao Hn on
WMMAGEHOURMOL.GOV
U.S. Depawent of labor I Employment Standards Administration I Wage and Hour Division
WN 1J31 SPA(R.Am "2M)
todas las horns trabajadas an exceso de 40 an una semana laboral. Existen pocas
excepciones.
CUMPLIMIENTO
Se pueden retener pagos por contratos para asegurarse qua los obreros reciban los
salarios y el pago de sobretiempo debidos, y se podria splicer dartos y perjuicios
si no se cumple con las exigencies del pago de sobretiempo. Las clfiusulas
contractuales de Davis -Bacon permiten la terminaci6n y exclusi6n de contratistas
para efectuar futuros contratos federales hasta tres anos. EI contratista qua
falsifique los registros certificados de las n6minas de pago o induzca devoluciones
de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o
encarcelamiento.
APRENDICES
Las tasas de aprendices s6lo se aplican a aprendices comectamente inscritos bajo
programas federales o estatales aprobados.
PAGO
Si Ud. no recibe all pago apropiado, o precise de infonnaci6n adicional sobre los
APROPIADO
salarios aplicables, p6ngase an contacto con el Contratista Oficial qua aparece
abajo:
o p6ngase an contacto con la Seccidin de Horas y Sueldos del Departamento de
Trabajo de EEUU.
Para obtener informacion adicional: ��
1-866-4-USWAGE
(1-866-487-9243) TTY: 1-877-889-5627 O.S. Wage ao Hn on
WMMAGEHOURMOL.GOV
U.S. Depawent of labor I Employment Standards Administration I Wage and Hour Division
WN 1J31 SPA(R.Am "2M)
Employers
Holding Federal
Contracts or
Subcontracts
Applicants to and employees of
companies with a Federal government
contract or subcontract are
protected under the following
Federal authorities:
RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN
Executive Order 11246, as amended,
prohibits job discrimination on the
basis of race, color, religion, sex or
national origin, and requires affirmative
action to ensure equality of
opportunity in all aspects of
employment.
INDIVIDUALS WITH
DISABILITIES
Section 503 of the Rehabilitation Act
of 1973, as amended, prohibits job
discrimination because of disability
and requires affirnative action to
employ and advance in employment
qualified individuals with disabilities
who, with reasonable accommodation,
can perform the essential functions
of a job.
VIETNAM ERA, SPECIAL
DISABLED, RECENTLY
SEPARATED, AND OTHER
PROTECTED VETERANS
Equal Employment Opportunity is EXHIBIT -23
THE LAW
1964, as amended, prohibits
Private Employment,
performing substantially equal work, in jobs that
State and Local Governments
require equal skill, effort and responsibility under
Educational Institutions,
similar working conditions, in the same
Employment Anencles and
establishment.
Labor Oroanizatlons
aspects of employment, on the
Programs or Activities Recelvino
RETALIATION
Applicants to and employees of
Retaliation is prohibited against a person who files a
most private employers, state
charge of discrimination, participates in a
and local governments,
discrimination proceeding, or otherwise opposes
educational institutions,
discrimination underthese Federal laws.
employment agencies
accommodate an employee's
and labor organizations are
If you believe that you have been discriminated
protected under the following
against under any of the above laws, and to ensure
Federal laws:
that you meet strict procedural timelines to preserve
RACE, COLOR, RELIGION,
the ability of EEOC to investigate your complaint and
SEX, NATIONAL ORIGIN
to protect your right to file a private lawsuit, you
objective of the financial assistance is provision of
should immediately contact:
The Vietnam Era Veterans' Readjustment
Assistance Act of 1974, as amended, 38 U.S.C.,
4212, prohibits job discrimination and requires
affirmative action to employ and advance in
employment qualified Vietnam era veterans, qualified
special disabled veterans, recently separated
veterans, and other protected veterans. A recently
separated veteran is any veteran during the three
year period beginning on the date of such veteran's
discharge or release from active duty in the U.S.
military, ground, naval or air service.
RETALIATION
Retaliation Is prohibited against a person who files a
charge of discrimination, participates in an OFCCP
proceeding, or otherwise opposes discrimination
under these Federal laws.
Any person who believes a contractor has violated
its nondiscrimination or affirmative action obligations
under the authorities above should contact
immediately:
The Office of Federal Contract Compliance
Programs (OFCCP), Employment Standards
Administration, U.S. Department of Labor, 200
Constitution Avenue, N W., Washington, DC 20210,
(202) 693-0101 or call an OFCCP regional or district
office listed in most telephone directories under U.S.
Government, Department of Labor. For individuals
with hearing impairment, OFCCP's TTY number is
(202)693-1337.
Title VII of the Civil Rights Act of
The U.S. Equal Employment Opportunity
1964, as amended, prohibits
Commission (EEOC), Washington, DC 20507 or an
discrimination in hiring,
EEOC field office by calling toll free (1-800) 669 -
promotion, discharge, pay, fringe
4000. For individuals with hearing impairments,
benefits, job training,
EEOC's toll free TTY number is 1-800 669-6820.
classdication, referral, and other
Publication OFCCP 1420
aspects of employment, on the
Programs or Activities Recelvino
basis of race, color, religion, sex
Federal Financial Assistance
(including pregnancy and sexual
harassment) or national origin.
RACE, COLOR, SEX, NATIONAL ORIGIN
Religious discrimination includes
failing to reasonably
In addition to the protection of Title VII of the Civil
accommodate an employee's
Rights Act of 1964, as amended, Tills VI of the Civil
religious practices where the
Rights Act prohibits discrimination on the basis of
accommodation does not impose
race, color or national origin in programs or activities
undue hardship.
receiving Federal financial assistance. Employment
DISABILITY
discrimination is covered by This VI if the primary
objective of the financial assistance is provision of
Title I and Title V of the
employment, or where employment discrimination
Americans with Disabilities Act of
causes or may cause discrimination in providing
1990 (ADA), as amended,
services under such programs.
protect qualified applicants and
employees with disabilities from
This IX of the Education Amendments of 1972
discrimination in hiring,
prohibits employment discrimination on the basis of
promotion, discharge, pay, job
sex In educational programs or activities which
training, fringe benefits,
receive Federal assistance.
classffication, referral, and other
aspects of employment on the
INDIVIDUALS WITH DISABILITIES
basis of disability.
Section, 504 of the Rehabilitation Act of 1973, as
The law also requires that
amended, prohibits employment tliscrimination on
covered entities provide qualified
the basis of disability in any program or activity which
applicants and employees with
receives Federal financial assistance in the federal
disabilities with reasonable
government, public or private agency.
accommodations, unless such
Discrimination is prohibited in all aspects of
accommodations would impose
employment against persons with disabilities who,
an undue hardship on the
with or without reasonable accommodation, can
employer.
perform the essential functions of ajob.
AGE
If you believe you have been discriminated against in
The Age Discrimination in
a program of any institution which receives Federal
Employment Act of 1967, as
assistance, you should contact immediately the
amended, protects applicants
Federal agency providing such assistance.
and employees 40 years of age
or older from discrimination on
Publication OFCCP 1420
the basis of age in hinng,
Revised August 2008
promotion, discharge,
compensation, terms, conditions
or privileges of employment.
SEX (WAGES)
In addition to sex discrimination
prohibited by Title Vil of the Civil
Rights Act of 1964, as amended,
the Equal Pay Act of 1963, as
amended, prohibits sex
discrimination in payment of
wages to women and men
LA IGUALDAD DE OPORTUNIDADES DE EMPLEO EXHIBIT -23
ES LA LEY
Emoleadores Quit bonen contratos o
Los empleados y postulantes a
Remuneraciones de 1963, con sus modificaciones,
subcontratos con at Goblemo Federal
empleos de la mayor parte de los
prohibe la discrtminaci6n sexual an at pago de
Los empleados o postulantes a empleos de
empleadores privados, gobiemos
salanos a mujeres y hombres qua basicamente
wmpahms qua tienen wntratos o subcontratos del
estatales y locales, insffiuciones
realicen igual trabajo, an empleos que requieren
gobiemo federal gozan de to protecci6n otorgada por
educativas, agencies de empleo
igual capacidad, esfuerzo y responsabilldad, an
las siguienles instituciones federales:
y organizaciones laborales gozan
wndiciones laborales similares y an at mismo
de to promcci6n otorgede por las
eslablecimiento.
RAZA, COLOR, RELIGON, SEXO,
siguientes Jeyes lacerates:
NACIONALIDAD
REPRESALIA
EI Decreto 11246 (Executive Order 11246), con sus
RAZA, COLOR, REUG16N,
Oueda prohibitla toda represalia contra una persona
moditicaciones, prohibe la discriminacion laboral en
SEXO, NACIONALIDAD
que presenia on cargo de disaiminaci6n, participa
moon de raza, color de piel, religion, sexo o
La Ley de Derechos Civiles de
an un procedimiento de contra la discriminaci6n o,
nacionalidad, y requiere la action affirmative para
1964, Titulo VII (The Civil Rights
de aiguna otra manors, se opone a Is discriminacion
garantizar Is igualdad de oportunidades en todos los
Act of 1990), y sus
de conformidad can las leyes federales.
aspectos laborales.
modificaciones, prohibe toda
discriminaci6n an relaci6n con la
Si cree que he sufrido aiguna discriminaci6n, de
PERSONAS CON DISCAPACIDADES
contrataci6n, ascenso, despido,
conformidad con algunas de las leyes anteriores, y
remunerni6n, compensaciones
para garantizar que rumple con los estnctos
EI Articulo 503 de Is Ley de Rehabildacion de
adicionales, capachacion,
cronogramas procesales a fin de preserver to
1973(The Rehabilitation Act of 1973), con sus
clasificaci6n, referencias, y otros
capacidad de la EEOC para investigar su queja y
moddicaciones, prohibe la discriminaci6n laboral por
aspectos laborales, an rez6n de
para proteger su derecho a iniciar una demanda
discapacidad y requiere Is acci6n afirmativa de
Is raza, el color de la piel, la
pdvada, debe ponerse an wntacto tle inmediato
emplear y avanzar an el empleo de personas
religion, el sem (incluidos
can:
discapacitadas idoneas que, mediante una
embarazo y awso sexual) o to
adaptaci6n razonable, puedan Hover a can las
nacionalidad. For disaiminaci6n
La Common Federal de Igualtlad de Oportunidades
funciones esenciales de un trabajo.
religiose as entiende, entre otros,
de Empleo de los EE.UU. (The US Equal
to (alta de adaptaci6n razonable
Employment Opportunity Commission -EEOC),
VETERANOS DE VIETNAM CON
para las praaicas religioses de
Washington, DC 205076 con una oficina de Is
DISCAPACIDADES ESPECIALES,
un empleado siempre que to
EEOC telef 5nicamente a to linea gratuita (1-800)
RECIENTEMENTE RETIRADOS Y OTROS
adaptaci6n no provoque una
669-4000. Para las personas con discapacidad
VETERANOS BAJO PROTECC16N
diticullad economics excesiva.
audiliva, la linea gratum TTY de la EEOC as 1-800
669-6820.
La Ley de Asistencia a la Readaptacion de
DISCAPACIDAD
Propremas o atlas que reciben apoyo
Veteranos de Vietnam de 1974 (The Vietnam Era
con
ley de Fades 11990
oralactl
financlero federal
Vererans' Readjustment Assistance Aa of 1974), y
Di de 1990 (The
(
Discapans
sus mods icaciones, 38 U.S.C., 4212, prohibe toda
with
Americans with Disab
is Act of
RAZA, COLOR, CIONALIDAD
disaiminacion laboral y requiere Is scci6n afinnativa
V, c
y V, can sus
Ademas del Titulo VII de l Derechos Civiles
o VilSEXd la Ley de Derechos
de emplear y avanzar an el empleo de veterans de
s, protege a
mod1990-ADA), es, pre
cLey ,
con sus el Titulo de la
Vietnam id6neos, veteranos idoneos con
empleados y postulantes id
empleados y
ladificaciones,
por raza, color
mi mal a
misma ley prohibe la den
discapacidades especiales, veterans recientemente
contra la
con discapacidades Is
programas y aaividatles
de piel o nacionalidad programa
retirados y otros veterans bajo protection. Un
i naci6an relacidn con la
que reciben apoyo n federal. La
veterano recientemente retirado as todo veterano
cion,
whist acidn, ascenso, o,
rel eshero
laboral alta wntemplatla el Titulo
tliscria]
durante at periodo de Ines shoe a partir de la fecha
remunenaci6n, caci ft,
remun idn,
obje6n
principal del apoyo anciero la
ie
el obdo
an que fue dodo de baja o dej6 el servicio aclivo an
be ales,
a l
provision tle empleo, o que la discrimination
pr v in
el Ej6rcito, la Marina Q la Fuerza Aerea de los EE.
1
dasifceti6n, relerencia5 y otros
sifimcs n, ref rani
laboral muse, o puede causer, discriminaci6n an la
causer,
UU.
aspectos laborales an raz6n de la
provision de servicios an el marco de esos
REPRESALIA
discapacidad.
programas.
Quads prohibitla toda represalia contra una persona
qua presents un cargo de discriminacion, participa
La ley tambien requiere que las
EI Thulo IX de las Modifcaciones de 1972 a is Ley
an un procedimiento del Programa OFCCP o, de
entidades contempladas provean
de Eduwci6n (Education Amendments of 1972)
aiguna otra manors, se opone a la discriminaci6n de
las adaptaciones razonables que
prohibe Is dischminaci6n laboral an raz6n de sexo
wnformidad can las leyes federales.
necesilen los empleados y
an los programas o aaividades educativas que
postulantes can discapacidades,
reciben apoyo federal.
Toda persona que see que un conlralista he violado
a menos que ease adaptaciones
sus obligaciones de no disaiminaci6n o acc16n
causen una diticultad econdmica
PERSONAS CON DISCAPACIDADES
afrmativa, segun las Fuentes anteriores, Bebe
excesiva at empleador.
ponerse an wntacto de inmediato con:
EI Articulo 504 de Is Ley de Rehabilitacidn de 1973 ,
EDAD
con sus modificaciones, prohibe la discriminaci6n
La Oficina de Programas de Cumplimiento de
La Ley de Discriminaci6n Larval
laboral por discapacidad an todo programa o
Contretos Federales (The Office of Federal Contract
Dor Eded de 1967 (The Age
aaividad que recibe apoyo Financiero federal an el
Compliance Programs-OFCCP), Employment
Discrimination in Employment Act
gobiemo federal y las agencies Piblicas o privadas.
Standards Administration, U.S. Department of Labor,
of 1967), can sus modificaciones,
Quads prohibitla la discriminaci6n an todos los
200 Constitution Avenue, N.W., Washington, DC
protege a los empleados y
aspens laborales contra personas can
20210, (202) 693-0101 o Hamer a una oficina de Is
postulantes de 40 ados o mal
discapacidades que puedan realizar las tareas
OFCCP regional o de distmo consignada an la
contra la discriminaci6n por aced
esenciales relacionadas con ese puesto, sin
mayor parte de los direaorios telef6nicos an U.S.
an relaci6n con la contratacion,
perjuicio de que results o no necesario efeauar una
Government, Department of Labor (Gobiemo de los
ascenso, despido,
adaptaci6n razonable
EE.UU., Departamenlo de Trabajo). Pare personas
compensaciones, wndiciones o
can discapacidad audi ive, el humero TTY de to
privilegios laborales.
Si cree que he sufrido discriminacion an relaci6n can
OFCCP as (202) 693-1337.
un programa de cualquier instRuci6n que reciba
SEXO (SALARIOS)
apoyo federal, debe contactarse de inmediato can Is
Ademas de to discriminacion
agencia federal que bnnda ass apoyo.
Emoted Privado, Qobiernos estatales v locales
sexual prohibitla por to Ley de
instituclones educativas, aoencias de empleo v
Derechos Civiles de 1964, Titulo
Publicaci6n OFCCP 1420
organizaclones laborales
VII, y sus modilicaciones, la Ley
Se revis6 an agosto de 2008
de Igualtlad an las
"General Decision Number: CA20230022 03/17/2023
Superseded General Decision Number: CA20220022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Los Angeles County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
If the contract is entered Executive Order 14026
linto on or after January 30, 1 generally applies to the
12022, or the contract is contract.
renewed or extended (e.g., an 1. The contractor must pay
loption is exercised) on or I all covered workers at
lafter January 30, 2022: 1 least $16.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2023.
�If the contract was awarded ons. Executive Order 13658
for between January 1, 2015 ands generally applies to the
January 29, 2022, and the contract.
(contract is not renewed or The contractor must pay alll
extended on or after January I covered workers at least
130, 2022: 1 $12.15 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2023. 1
The applicable Executive Order minimum wage rate will be
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EXHIBIT - 24
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0
01/06/2023
1
01/13/2023
2
01/20/2023
3
02/10/2023
4
03/17/2023
ASBE0005-002
07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 32.09 19.66
ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
workerihazardous material
handler (includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 23.52 13.37
BOIL0092-003 01/01/2021
Rates Fringes
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BOILERMAKER ......................$ 46.03 38.81
* BRCA0004-007 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER ........ $ 41.53 19.48
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
BRCA0018-004 06/01/2022
Rates Fringes
MARBLE FINISHER ..................$ 37.87 14.13
TILE FINISHER ....................$ 32.44 12.54
TILE LAYER .......................$ 45.05 18.33
BRCA0018-010 09/01/2022
Rates Fringes
TERRAZZO FINISHER ................$ 38.37 14.13
TERRAZZO WORKER/SETTER ........... $ 46.49 14.66
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$ 51.60
16.28
(2) Millwright ..............$ 52.10
16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................$ 51.73
16.28
(4) Pneumatic Nailer,
Power Stapler ...............$ 51.85
16.28
(5) Sawfiler...............$ 51.69
16.28
(6) Scaffold Builder ....... $ 42.80
16.28
(7) Table Power Saw
Operator ....................$ 51.70
16.28
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FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H -Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet .....................$ 834.40 16.28
(2) Standby .................$ 445.84 16.28
(3) Tender ..................$ 437.84 16.28
(4) Assistant Tender ........ $ 413.84 16.28
Amounts in ""Rates' column are per day
CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLERILATHER.... $ 51.60 16.28
STOCKER/SCRAPPER ............ $ 22.16 8.62
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer ...... $ 21.85 7.15
* ELEC0011-004 01/30/2023
Rates Fringes
ELECTRICIAN (INSIDE
ELECTRICAL WORK)
Journeyman Electrician ...... $ 59.00 3%+29.77
ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician .................$ 59.00 3%+29.77
Technician ..................$ 44.25 3%+29.77
FOOT NOTE:
CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per
hour above Journeyman Electrician basic hourly rate.
TUNNEL WORK: 10% additional per hour.
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SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:
Installation of street lights and traffic signals, including
electrical circuitry, programmable controllers,
pedestal -mounted electrical meter enclosures and laying of
pre -assembled multi -conductor cable in ducts, layout of
electrical systems and communication installation,
including proper position of trench depths and radius at
duct banks, location for man
holes, pull boxes, street lights and traffic signals.
Installation of underground ducts for electrical,telephone,
cable television and communication systems.
Pulling,termination and
splicing of traffic signal and street lighting conductors and
electrical systems including interconnect,detector loop,
fiber optic cable and video/cable.
TECHNICIAN:
Distribution of material at job site, manual excavation and
backfill, installation of system conduits and raceways for
electrical, telephone, cable television and communication
systems. Pulling, terminating and splicing of traffic signal
and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable
and video/data.
* ELEC0011-005 12/27/2021
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer ...................$ 43.87 3%+15.03
Technician ..................$ 33.30 3%+27.82
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi -media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
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and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background -Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low -Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. *Fire Alarm Systems -installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
*Fire Alarm Systems
1. Fire Alarms -In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits.
2. Fire Alarms -Open Wire Systems: installed by the Technician.
ELEC 1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) .............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
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HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2023
Rates Fringes
ELEVATOR MECHANIC ................$ 63.95 37.335+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
ENG10012-003 07/01/2022
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1 ....................$
51.90
30.70
GROUP 2 ....................$
52.68
30.70
GROUP 3 ....................$
52.97
30.70
GROUP 4 ....................$
54.46
30.70
GROUP 5 ....................$
48.96
25.25
GROUP 6 ....................$
54.68
30.70
GROUP 8 ....................$
54.79
30.70
GROUP 9 ....................$
49.29
25.25
GROUP 10 ....................$
54.91
30.70
GROUP 11 ....................$
49.41
25.25
GROUP 12 ....................$
55.08
30.70
GROUP 13 ....................$
55.18
30.70
GROUP 14 ....................$
55.21
30.70
GROUP 15 ....................$
55.29
30.70
GROUP 16 ....................$
55.41
30.70
GROUP 17 ....................$
55.58
30.70
GROUP 18 ....................$
55.68
30.70
GROUP 19 ....................$
55.79
30.70
GROUP 20 ....................$
55.91
30.70
GROUP 21 ....................$
56.08
30.70
GROUP 22 ....................$
56.18
30.70
GROUP 23 ....................$
56.29
30.70
GROUP 24 ....................$
56.41
30.70
GROUP 25 ....................$
56.58
30.70
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
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GROUP 1 ....................$
53.25
30.70
GROUP 2 ....................$
54.03
30.70
GROUP 3 ....................$
54.32
30.70
GROUP 4 ....................$
54.46
30.70
GROUP 5 ....................$
54.68
30.70
GROUP 6 ....................$
54.79
30.70
GROUP 7 ....................$
54.91
30.70
GROUP 8 ....................$
55.08
30.70
GROUP 9 ....................$
55.25
30.70
GROUP 10
....................$ 56.25
30.70
GROUP 11
....................$ 57.25
30.70
GROUP 12
....................$ 58.25
30.70
GROUP 13
....................$ 59.25
30.70
OPERATOR:
Power Equipment
(Tunnel Work)
GROUP 1 ....................$
54.53
30.70
GROUP 2 ....................$
54.82
30.70
GROUP 3 ....................$
54.96
30.70
GROUP 4 ....................$
55.18
30.70
GROUP 5 ....................$
55.29
30.70
GROUP 6 ....................$
55.41
30.70
GROUP 7 ....................$
55.71
30.70
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator -inside; Engineer Oiler; Forklift operator
(includes feed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt -rubber plant operator (nurse tank operator);
Concrete mixer operator -skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
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without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt -rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra -hammer -aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power -driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift)
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary -Johnson -Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber -tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator -bulldozer, tamper -scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
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operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt -rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast -in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Toumeau blob compactor or
similar type; Loader operator (Athey, Euclid, Siena and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber -tired earth -moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber -tired scraper operator (self -loading paddle wheel
type -John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar -bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types -Watson 3000 or 5000
auger or similar types -Texoma 900 auger or similar
types -drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
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patrol -blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type -except Quad 9
cat.); Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi -engine);
Pipe mobile machine operator; Rubber -tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber -tired
self- loading scraper operator (paddle -wheel -auger type
self -loading - two (2) or more units)
GROUP 13: Rubber -tired earth -moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth -moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber -tired earth -moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
GROUP 17: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber -tired earth -moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber -tired earth -moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber -tired
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earth -moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator -truck mounted; Rubber -tired
earth -moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A -frame or winch truck operator; Ross carrier
operator Oobsite)
GROUP 4: Bridge -type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K -crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power -driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power -driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber -tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
file:///C/Users/echan/Downloads/ca22%20(2).txtf3/23/2023 10:12:42 AM]
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW comer of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW comer of
T31 S, R32E, MDM. Continue W to the NW comer of T31 S, R31 E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW comer of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T] 1N, R17W, SBM. Continue E along
south boundary of Tl 1N, SBM to SW corner of TI 1N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, RIE, SBM.
Continue S along west boundary of RI E, SMB to Riverside County
line at the SW corner of Tl S, R E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
TIS, R]OE, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
file:///C/Users/echWDownloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31 S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW comer of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW comer of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21 W,
SBM. Continue N along East side of R21 W, SBM to Ventura County
and Kern County boundary at the NE corner of TBN, R21 W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21 W. Continue North along the East edge
of R21 W, SBM to the NE corner of T12N, R21 W, SBM. Continue
West along the north edge of T12N, SBM to the SE comer of
T32S, R21E, MDM. [T12N SBM is a think strip between TI IN SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for 1NYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE comer of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
file:///C/Users/echan/Downloads/ca22°/n20(2).txt[3/23/2023 10:12:42 AM]
the state line to the starting point, which is the center of
Section 18, TION, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENG10012-004 08/01/2022
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$
61.60
32.50
(2) Dredge dozer ............
$ 55.63
32.50
(3) Deckmate................$
55.52
32.50
(4) Winch operator (stern
winch on dredge) ............
$ 54.97
32.50
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
54.43
32.50
(6) Barge Mate ..............$
55.04
32.50
IRON0433-006 01/01/2023
Rates Fringes
IRONWORKER
Fence Erector ...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural ..............$ 46.20 34.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center -Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
file:///C[Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
LABO0300-001 07/01/2022
Rates Fringes
Brick Tender .....................$ 37.32 21.45
LABO0300-003 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP 1 .....................$
45.68
23.30
GROUP 2 .....................$
46.00
23.30
GROUP 3 .....................$
46.46
23.30
GROUP 4 .....................$
47.15
23.30
LABORER
GROUP 1 .....................$
36.39
21.04
GROUP 2 .....................$
36.94
21.04
GROUP 3 .....................$
37.49
21.04
GROUP 4 .....................$
39.04
21.04
GROUP 5 .....................$
39.39
21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike -off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt -rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
file:///CNsers/echan/Downloads/ca22p/20(2).txt[3/23/2023 10:12:42 AM]
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6 -in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi -plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, time caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand -propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand -guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No -joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot -Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
file:///C/Users/echan/Dow loads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars;; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer ......... $ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos -containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LABO0345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1 .....................$
48.50 21.37
GROUP 2 .....................$
47.55 21.37
GROUP 3 .....................$
44.01 21.37
file:///CNsers/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM]
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LABO 1184-00107/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ... $ 40.69
18.25
(2) Vehicle Operator/Hauler.$ 40.86
18.25
(3) Horizontal Directional
Drill Operator ..............$ 42.71
18.25
(4) Electronic Tracking
Locator .....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 .....................$ 41.90
21.32
GROUP 2 .....................$ 43.20
21.32
GROUP 3 .....................$ 45.21
21.32
GROUP 4 .....................$ 46.95
21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
file:///C[Users/echan/Downloads/ca22"/u20(2).txt[3/23/2023 10:12:42 AM]
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
LABO 1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER .... $ 38.92 23.32
PLASTER TENDER ..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 29.59 17.12
(2) All Other Work .......... $ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
PAIN0036-006 09/01/2022
Rates Fringes
file://IC[Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:
Kern County Line to Hwy.
#5, South on Hwy. 45 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hwy.
#14, South to Hwy. #18,
East to Hwy. #395...........$ 42.15 23.52
Remainder of Los Angeles
County ......................$ 46.28 23.52
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER ..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
* PAIN 1247-002 01/01/2023
Rates Fringes
SOFT FLOOR LAYER .................$ 41.60 16.38
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER ........................$ 47.37 19.64
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91
PLUM0016-001 09/01/2022
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space .................$ 53.51 25.28
file:///C/Userslechan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work ........................$ 55.18 26.26
PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work .... $ 42.29 23.03
ROOF0036-002 08/01/2022
Rates Fringes
ROOFER ...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay.
SFCA0669-013 04/01/2022
DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT
PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS
OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER .................$ 43.25 26.77
SFCA0709-005 01/01/2021
THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS
ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS
ANGELES:
file:///C/Users/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM]
Rates Fringes
SPRINKLER FITTER (Fire) .......... $ 48.71 29.15
SHEE0105-002 01/01/2023
LOS ANGELES (South of a straight line between Gorman and Big
Pines including Catalina Island)
Rates Fringes
SHEET METAL WORKER
(1) Light Commercial: Work
on general sheet metal and
heating and AC up to 4000
sq ft .......................$ 32.20 10.56
(2) Modernization :
Excluding New Construction
- Under 5000 sq. ft. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment....................$ 32.20 10.86
SHEE0105-003 01/01/2023
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work ........................$ 53.67 29.74
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A -C,
heating, ventilating
systems for human comfort ... $ 53.67 29.74
SHEE0105-004 07/01/2022
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North
file:///CiUsers/echan/Downloads/ca22"/o20(2).txt[3/23/2023 10:12:42 AM]
of a straight line drawn between Gorman and Big Pines including
Cities of Lancaster and Palmdale) COUNTIES
Rates Fringes
SHEET METAL WORKER ...............$ 42.53
TEAM0011-002 07/01/2022
Rates Fringes
TRUCK DRIVER
GROUP 1 ....................$
36.19
32.54
GROUP 2 ....................$
36.34
32.54
GROUP 3 ....................$
36.47
32.54
GROUP 4 ....................$
36.66
32.54
GROUP 5 ....................$
36.69
32.54
GROUP 6 ....................$
36.72
32.54
GROUP 7 ....................$
36.97
32.54
GROUP 8 ....................$
37.22
32.54
GROUP 9 ....................$
37.42
32.54
GROUP 10 ....................$
37.72
32.54
GROUP 11 ....................$
38.22
32.54
GROUP 12 ....................$
38.65
32.54
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
EI Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/govemment-contracts.
Unlisted classifications needed for work not included within
file:///C[Users/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM]
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM]
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
file:///C[Users/echan/Downloads/ca22"/u20(2).txt[3/23/2023 10:12:42 AM]
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
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APPENDIX B - STANDARD PLANS (SPPWQ
f/roe v PP � V
(P 0�
1 di U f Af`�pap • i ��q`v
6 � v. ►, I q• •o •
IN'I/r
STAKE -NOTE 8
WATER BASIN
Arbor Guard /BERM
j / FINISH GRADE
SECTIO
t.ZOO
V- ,
..
ROOT16' (48DO mm)NMENTS
'R
x 36" (900 mm) PERFORATED PIPEKI mm) 6'! (150 mmo) x40 D
ROOT BARRIER
TREE CROWN
PLANTING PIT '
TIE
TREE STAKE
TREE TRUNK `V
ROOT BALL
PLAN VIEW
P 2 1/2 TO 3X _I PERFORATED PIPE
CONTAINER WIDTH
30" (750 mm) TO 48" (1200 mm) BOX
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD PV
520-4
TREE PLANING
1. SET TOP OF ROOT BALL 1" (25 mm) ABOVE FINISH GRADE.
2 FOR24' (610FBOX CURB WALK.
m) OES SMALLER, INSTALL ROOT BARRIERS IF TRUNK IS
WITHIN FOR 30' TO 48" (750 mm TO 1200 mm) BOX TREES, INSTALL ROOT BARRIERS IF TRUNK
IS WITHIN 10' (3.0 m) OF CURB OR WALK.
3. AMEND BACKFILL MIX PER SPECIFICATIONS. LEAVE TRUNK AND ROOT FLARE VISIBLE.
4. SET PERFORATED PIPE FLUSH WITH TOP OF BACKFILL. FILL PIPE WITH No. 2 GRAVEL
PER SSPWC TABLE 200-1.4.(B) AND COVER WITH FILTER FABRIC. WRAP FABRIC
6" (150 mm) DOWN SIDES OF PIPE.
5. FORM 3 1/2" (90 mm) HIGH BERM AROUND BACKFILL AS A WATER BASIN.
8 TOP I MULCH
PER THWATER
SPECIAL PROVISIONS. BASIN WITH 3 KEP GRgo AVEL OR MULCHV3 OR E
1/2"( Omm) CLEAR
OF TRUNK. LEAVE TRUNK AND ROOT FLARE VISIBLE.
7. REMOVE ALL NURSERY STAKES.
8. INSTALL NEW TREE STAKES PER SPPWC 518.
9. FASTEN TREE TO STAKES PER 308-4.6, TWO TIES PER STAKE.
10, AFTER PLANTING, PRUNE THE TREE AS APPROVED BY THE ENGINEER.
11. ROOT BARRIER, WHERE SHOWN, SHALL BE BO MIL (2.0 mm) THICK.
It- Nrj6r l]-a,rcQ," / +U9 Cq l ( )I C' n ,- (0 a-. '�� 6,
I
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
srAN 0 4
520-4
TREE PLANTING
I4' (1200 mm;
MIN
u
r4 -
4' (1200 mm)
MIN
Y
INTEGR
(1200
MIN
I J
�x"Ir w x_I
A
TYPE A
A
row
GRADEIBREAKS
I" XX w 1 X
TYPE B
A0
TYPE C
4' (1200 mm)
MIN Y
2S 1" (25 mm) CF
SECTION A—A
CURB FACE, inches
(mm)
X Inches
(mm)
Y, Inches
(mm)
6" (150) or less
BREAKS
4'-0" (1200)
7" (175)
Y �
4'-9" (1425)
8" (200)
4'-0' (1200)
STR R
m
4' (1200 mm)
MIN
Y
INTEGR
(1200
MIN
I J
�x"Ir w x_I
A
TYPE A
A
row
GRADEIBREAKS
I" XX w 1 X
TYPE B
A0
TYPE C
4' (1200 mm)
MIN Y
2S 1" (25 mm) CF
SECTION A—A
CURB FACE, inches
(mm)
X Inches
(mm)
Y, Inches
(mm)
6" (150) or less
S-0' (900)
4'-0" (1200)
7" (175)
3'-6' (1050)
4'-9" (1425)
8" (200)
4'-0' (1200)
5'-8" (1700)
9" (225)
V-6' (1350)
6'-6" (1950)
10" (250)
5'-0' (1500)
Y-3" (2175)
111' (275)
5'-6' (1650)
8'-0" (2400)
12" (300) or more
6'-0" (1800)
8'-9" (2625)
NOTES:
1. RESIDENTIAL DRIVEWAYS SHALL BE 4"
(100 msn) THICK PCC.
2. COMMERCIAL DRIVEWAYS SHALL BE 6"
(150 mm) THICK PCC.
3. WEAKENED PLANE JOINTS SHALL BE INSTALLED
AT BOTH SIDES OF A DRIVEWAY AND AT
10' (3.0 m) INTERVALS
4. CURB FOR TYPE C DRIVEWAY SHALL BE
INTEGRAL AND MATCH ADJACENT
CONSTRUCTION.
5. REFER TO LOCAL DEVELOPMENT REGULATIONS
FOR AMERICANS WITH DISABILITIES ACCESS
REQUIREMENTS AND MAXIMUM PERMITTED
DRIVEWAY WIDTHS.
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
mer. lw er ss
DRIVEWAY APPROACHES
STANDMO PLm
110-2
CURB RAMP
EXP
WPJ WEAKENED PLANE JOINT BCR BEGINNING OF CURB RETURN
WPJ WPJ EXP JT EXPANSION JOINT ECR END OF CURB RETURN
3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM
SIDEWALK.
EXP
LME
CURB RAMP
WPJ
NOTES:
t. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL JOINTS,
EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE
J
BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND
TREEWELL
UTILITY POLES LOCATED IN SIDEWALK AREAS.
WPJ
WPJ
2 WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR
�l1Run
POLE INTERVALS NOT EXCEEDING 10' (3000 mm) IN WALKS AND
20' (6000 mm) IN GUTTERS. JOINTS IN CURB AND WALK
EXP
JT SHALL BE ALIGNED.
3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM
SIDEWALK.
EXP
LME
CURB RAMP
(150
(150 mm)l m
ATTER 3:12 - ATTER 3:12
SLOPE 6.3
m A1-6(150) AND
A1-8(200) A2-6( 150) AND A2-8(200)�)
,. 1
E
E 6" m
(150 mm) (150 MImm) (150 mm)
3/4" (20 mm) R
ATTER 3:12 I BATTER 3:12
r, BOTH SIDES
SLOPE 2.OS
LEVEL
E
E
02D1-6(150) AND
A3-6(150) AND A3-8(200) -� [j
25,,,,) Dl -8(200)
NOTES: E m
t THE LAST NUMBER M THE DESIGNATION IS p4 x V' O 4' OC
THE CURB FACE (CF) HEIGHT, INCHES (mm). - 6" A13M x 250 mm
IF SHOWN AS 'VAR' THE CURB FACE VARIES.a (*0 mm) O 1200 mm OC)
2. GUTTER WIDTH, W. IS 24" (600 mm) GROUTED IN PLACE
UNLESS OTHERWISE SPECIFIED.BATTER 3:12
I TYPES Al, A2, A3 AND Cl SHALL BE u3/4"
CONSTRUCTED OF CONCRETE. (20 mm)
4. TYPE Di CURB SHALL BE CONSTRUCTED 3" (75 mm)
OF ASPHALT CONCRETE.
5. TYPE Cl CURB SHALL BE ANCHORED WITH
STEEL DOWELS AS SHOWN OR WITH AN
EPDXY APPROVED BY THE ENGINEER,
6. ALL EXPOSED CORNERS ON CONCRETE CURBS Cl -6(150) AND C1-8(200)
AND GUTTERS SHALL BE ROUNDED WITH A
1/2" (15 mm) RADIUS.
CONCRETE C
AND GUTTER
4"
BCR
6� /
FL
FLOW
AND
_ o
(1SO mm)
1,2
OR CONSTRUCTION JOINT "
SEE DETAIL dofl
-B"
(200 mm)
LSIX EQUALLY SPACED
DOWELS FOR CONSTRUCTION
JOINTS
SECTION A -A
Lei ilk i i
)TE 5
CONCRETE CURB
AND GUTTER
DETAIL A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
.� TAMAM FILM
CROSS GUTTER AT 123-3
�, _
NOTES:
1. WEAKENED -PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 1-1/2" (40 mm)
DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN 24 HOURS AFTER
CONCRETE IS PLACED.
2. DOWELS FOR CONSTRUCTION JOINTS SHALL BE 04 BARS 18" LONG (/13M BARS
450 mm LONG).
3. ALL EXPOSED CORNERS ON CONCRETE CURBS AND GUTTERS SHALL BE ROUNDED
WITH 1/2" (15 mm) RADIUS.
4. CONCRETE SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED.
5. ADJACENT TO CURB RAMPS, CONCRETE SLOPE SHALL BE 5% MAXIMUM FOR A
DISTANCE OF 5 FEET (1525 mm) FROM THE CURB FACE FOR THE WIDTH OF THE
WIDTH OF THE RAMP, NOT INCLUDING SIDE TRANSITION CURBS.
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
123-3
1
CROSS GUTTER AT T -INTERSECTIONS
4' 1220 mm MIN
A
4' 1220 mm*2L
TRANSITION
4:1 MIN
NOTE 8
NO
tOR asCUR
CURB FAC
4(1220 mm)
��,N
TYPE 1
001 B
4' 1220 mm
R
R
II I
I I
< NOTE 8
I N ADx E BREAK
NOTE 2
imu , LMA
X
CURB FACE
4' ( 220 mm)
vlti
AORB
SEE FIGURE 1
TYPE 2
CASE A
PARTS OF THIS STANDARD PLAN SHOW INSTALLATION FOR TYPICAL
RETROFIT CONDITIONS, AND ARE NOT FULLY COMPLIANT WTH CALIFORNIA
BUILDING CODE REQUIREMENTS FOR NEW DEVELOPMENT.
STANDARD
PLANS FOR PUBLIC WORKS CONSTRUCTION
exmau�im n n¢
5T ARO PLAN
CURB RAMP
111-5
I »�
AlK ,.w, , �..
=3
U
ST FOR PUBLICUCTON
0
o�
P�
,.,&�%
E
E
a �N
PLANTING
a AREA
CUR
CURB FACE
WHERE PLANTING AREA IS
ADJACENT TO THE CURB RAMP,
USE CASE A. TYPE 6
z
S
E
.E
a
Y J�
PLANTING
a AREA
CURB FACE'
WHERE PLANTING AREA IS
ADJACENT TO THE CURB RAMP,
USE CASE A. TYPE 6
2% W
®ff /I,I N
NOTE
BREAK
B
BREAK
TYPE 3
TYPE 4
CASE A
STANDARD PLANS FOR PUBUC WORKS CONSTRUCTION
STANDMD PUN
111_
F 10
CURB RAMP
A OR B
PLANTING AREA
CURBK I
CURB FACE/
1200 mm
AORB
SEE FIGURE 1
PLANTING AREA
PARKI I
R
0 =
O� z
4'
1220 mm \ Z
WALK
220 mm MIN
R pry` �
Ny
NOTE
NOTE 8 i
PLANTING AREA
CUR
CURB FAC
IF PLANTING AREA IS NOT
ADJACENT TO SIDE FLARE, USE
"K" PER TABLE 2 FOR THAT FLARE
TYPE 5
TYPE 6
CASE A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD PLAN
1,ill_g
CURB RAMP
3
3 �<
NOTE
276
m
O
TYPE 2
CASE B
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
Z=X C u
NN�!
RAMP
sar.0_7
!RB
8.338 AX
=�i�:� �- 6. 7G MAX
NOTE 8
FACE
X
X
1220 mm
C btn
TYPE 1
3 �<
NOTE
276
m
O
TYPE 2
CASE B
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STAND PLAN
111-5
RAMP
A
SKEW ANGLE,
4'
SKEW ANGLE o=45' 1220
OFFSET b=0 ) NOTE 2
UNLESS OTHERWISE _ -=
NOTED ON PLANS -
Y -k
gas --
OC X
OTE
OFFSET, b
CURB/"CASE C
CURB FACE X
z
E
E
0
3 SEE DETAIL
a a A, B, C. OR D OTE B
AIL A
—1 TYPE 1
3 NOTE
5%MAX...........
PLANTING
o. AREA
REGRAOE X=4' (1220 mm)
IF ADJACENT TO
CUR PLANTING AREA,
CURB FACE OTHEWISE SEE TABLE 1
Y
E
SEE DETAIL A. B, C ORD E
N
AIL
aI 2A
�..
¢x 3 N NOTE 8 i 5� air 5 MAX
< V K
a a NOTE 2
CUR
CURB FACE TYPE 2
CASE D
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION nµDAD rinx
CURB RAMP1 SHEET 5 OF 10
111
_5
S M X RADE BREAK
4' (1220 mm)
x
N
I
a
p E p
a E
a Z OR e� o Q
MARKED
A OR B -__
SAX CROSSWALK
$
rZ�
�.
it 4' (1220 mm)x
3
+
Y
i
PLANIIN
AREA
—_ NOTE 2 TYPE .1
Cu
A R NOTE B
CURB FAKE
X=4' 1220 mm
4 X
WNEN ADJACENT
(1220 mm)
TO PLANING AREA
x
uMf i
MARKED
CROSSWALK
,w
X E
N
L
$
._I.
=, m': MARKED
Z _dgm a CROSSWALK
C
NOTE 2
I.—ZZ=
3 =j
-- RADE BREAK
X X
CURB FA
NOTE B TY
0 mm PE 2
. CASE E
M4
MARKED
CROSSWALK
STANDARD PLANS
FOR PUBLIC WORKS CONSTRUCTION
STANDARD PLM
111-5
CURB RAMP
SHFET 6 OF 10
SEE NOTE 6
Ri Y 4' 1220 mn
E10S11NG\ OP OEDGE 1ZNDED-TAMP F
ROADWAY a« ..
CURB AND GUTTER
SECTION A -A
USE FIGURE 1 TO DETERMINE
WHICH OF SECTIONS A—A, B—B
SEE NOTE 6\ PARKWAY OR C—C IS APPROPRIATE
R _ I, Y 4' 1220 mm
EXISTING ROUNDED TOP OF
ROADWAYEDGE RAMP DEPRESS BACK OF WALK
5 SEE DETAIL A, B. C OR D.
2% Ax SHEET 10.
SEE NOTE 6
R
EXISTING\
ROADWAY \
CURB AND
DEPRESS BACK OF WALK
SEE DETAIL A, B, C OR D,
SHEET 10.
SECTION C -C
z 4' z
1 0 mm
DEPRESS BACK OF WALK
� PC ALK
SECTION R -R
SECTION S -S
x
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD PLAN
���_5
CURB RAMP
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD
1_5
11SHEET
PARKWAY WIDTH, FT (m)
2' (50)
4' 5' 6' 7'
8' 9' 10' 11' 12' 13' 14' 15 16' 17' 18'
19' 20'
(1
9
2 0)
.. 1' (2
5.26' (1580)
5' (125)
4.17' (1275)
E
6' (150)
5.00' (1525)
7.90' (2370)
2'
>
5.83' (1775)
9.27' (2765)
8' (200)
!n 3' (7
10.53' (3160)
9' (22S)
7.50' (2285)
= 4' (1
70' (250)
6.33' (2540)
13.16' (3950)
U
9.17' (2795)
MON
12' (300)
? 5"(12
15.79' (4735)
U 6" (15
lai 7" (17
00
D 8" (2
U 9' (22
Q 10"
O 11' (27
Z 12. (30
OR MORE
FIGURE 1 - SECTION USAGE
NORMAL
WHERE FIGURE 1 SHOWS USE OF SECTION
B -B. FIGURE Z
CURB FACE,
SECTION Y -Y DIMENSION AS FOLLOWS:
INCHES (mm)
X. FT (mm)
Y. W = PARKWAY WIDTH
L = LANDING WIDTH, 4' (1220 mm) TYP
Z - [(Y+L)-W] x 0.760
IF (Y+L) < W, THEN Z = 0
SEE SHEET
9 FOR STREET SLOPE
ADJUSTMENT FACTORS, ALL STREETS
TABLE 1
- X AND Y
VALUES
TABLE 1 REFERENCE FORMULAS:
X = CF / 8.333%
Y = CF / (8.333% - 2% WALK
CROSS SLOPE)
PLAN
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD
1_5
11SHEET
FT (mm)
2' (50)
4.00' (1220) MW
2.63' (790)
3' (75)
4.00' (7220) MIN
3.95' (1185)
4' (100)
4.00' (1220) MIN
5.26' (1580)
5' (125)
4.17' (1275)
6.58' (7975)
6' (150)
5.00' (1525)
7.90' (2370)
7' (175)
5.83' (1775)
9.27' (2765)
8' (200)
6.67' (2035)
10.53' (3160)
9' (22S)
7.50' (2285)
11.84' (3555)
70' (250)
6.33' (2540)
13.16' (3950)
it' (275)
9.17' (2795)
14.47 (4340)
12' (300)
10.00' (3050)
15.79' (4735)
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD
1_5
11SHEET
CURB RAMP
8 OF 10
4' 1220 mm
GRADE BREAK
K
T � T
m
CUR GUTTER %.DOWN xUP
CURB FACE SLOPE, S T•
(1220 mm)
TYPICAL CURB RAMP
c.00xl x, uP
BACK OF WALK
S GUTTER
SECTION T—T FLOW LINE
SLOPED STREET
FOR SLOPED STREETS, MULTIPLY THE DIMENSIONS PARALLEL
TO THE STREET, X AND Z, UPSTREAM AND DOWNSTREAM OF
THE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE
FOR EXAMPLE, %DOWN - X x K.DOWN
S K.DOWN K.UP
0% 1.000 1.000
0.2% 0.977 1.025
0.5% 0.943 1.064
ix 0.893 1.136
2% 0.808 1.316
3x 0.735 1.563
4% 0.676 1.923
5% 0.625 2.500
TABLE 2 — SLOPE ADJUSTMENTS
TABLE 2 REFERENCE FORMULAS
K.DOWN - 8.333% / (&333% + S)
K.UP = 8.333% / (&333% - S)
STREET SLOPE ADJUSTMENTS
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDAFID PLAN
CURB RAMP 111-5
12° 305 mm
3/4'
19 m)
(6 mm) (6 mm)
GROOVING DETAIL
fEE
® 90'® ® ® ® 1v E
® ® ® ® (23 mm c o
O SINGLE
® ® ® ® PATTERN 'TRUNCATED DOME'
2.35'
60 mm)
DETECTABLE WARNING DETAIL
GRADED
SLOPE 2.1 NPAVED SURFACE
MAX
DETAIL C
GENERAL NOTES:
CONSTRUCT FENCE OR
PER CONTRACT PLANS
RETAINING CURB
mm)
SURFACE
DETAIL B
j6' (150 mm)
RETAINING CURBS Ilm
oa SURFACE
DETAIL -D
1. CONCRETE SHALL BE CLASS 520-C-2500 (310-C-17) CONFORMING TO
SSPWC 201-1.1.2 AND SHALL BE 4° (100 mm) THICK.
2 THE PSHALL HAVE A 12" APPROXIMATELY (
3/4'(19 mm305 3 E WIDE BORDER WITH IDETAIL
mm)
OC.SEE GROOVING
GROOVES
3. THE RAMP SURFACE SHALL HAVE A TRANSVERSE GROOMED SURFACE TEXTURE
CONFORMING TO SSPWC 303-1.9.
4. USE DETAIL °A' OR 'B' IF EXISTING SURFACE BEHIND LANDING IS PAVED.
5. USE DETAIL 'C' OR °D' IF EXISTING SURFACE BEHIND LANDING IS UNPAVED.
6. R - 3' (900 mm) UNLESS OTHERWISE SHOWN ON PLAN. SEE SHEET 7.
7. ANGLE _ A/2 UNLESS OTHERWISE SHOWN ON PLAN.
8. CONSTRUCT DETECTABLE WARNING SURFACE PER DETAIL THIS SHEET. MATERIALS
SHALL BE PER CONTRACT DOCUMENTS
APPENDIX C - CITY OF ROSEMEAD QUADRANT MAP
CITY OF ROSEMEAD
QUADRANT MAP
i�
w Grand Ave
a
¢ w
1Am ^es
m LL
w � 5
= Rro ,a11 5n ml
° 2A
Wel Is St Edmond Or
Artson bt
Hellman Ave ¢ v ' 3 m Q 6Q
<> Hershey St
ao m o 4iN
BBrricae PI
✓ "
` EmesoPI
; ?
lemurs St - i. Whitmore St t7 < a
a _ V a e' L "O
& ;
0 $ Garvey Ave N� a o Garvey Ave } m Gan
u u
ut o 0 L
¢ ¢ a � Jade Ln �
iley Ave o a 'm
Newmark Ave o < � - .• m <'
v 11O
Fern Ave R m L a Fern St L a !] w 0 �' yl
3C m U o «
e M e p < AD
g _ £ 3 m1 < <
m NMmarP a m o< a u _ "� c ,s L n°
c c c w� ±�
i Melrose Ave _a m g u
'1 ¢ w
E Graves Ave
.Graves Ave
' Kelm St
- Rush St
0
Q�nais
'4D
Legend:
— — — QUADRANT DIVISION LINES
a
N
2
tle Ada
Q
�r
0 0.25 0.5
Miles
Date Modified 8/13/14
1 w Lawrence Ave FO'
�Y.( N
Voy Ave
Bent Ave
_x`11
i
m
u m' VaI ley Blvd
E Valle vtl
JI m
> Steele Si
o
¢�
Guess St
Guess St o�
Ralph St
Ralph St
Shea PI
iI
Edda VilIa Or 2
BNorwood
U PI
1 C
YlarshaII St
m
¢
Glendon W
Glen ' ay u
p
0
Loftus Dr
ft
�
Ol hey Stx
Olney St
9`_R
1-13 �Qar rrr�
Artson bt
Hellman Ave ¢ v ' 3 m Q 6Q
<> Hershey St
ao m o 4iN
BBrricae PI
✓ "
` EmesoPI
; ?
lemurs St - i. Whitmore St t7 < a
a _ V a e' L "O
& ;
0 $ Garvey Ave N� a o Garvey Ave } m Gan
u u
ut o 0 L
¢ ¢ a � Jade Ln �
iley Ave o a 'm
Newmark Ave o < � - .• m <'
v 11O
Fern Ave R m L a Fern St L a !] w 0 �' yl
3C m U o «
e M e p < AD
g _ £ 3 m1 < <
m NMmarP a m o< a u _ "� c ,s L n°
c c c w� ±�
i Melrose Ave _a m g u
'1 ¢ w
E Graves Ave
.Graves Ave
' Kelm St
- Rush St
0
Q�nais
'4D
Legend:
— — — QUADRANT DIVISION LINES
a
N
2
tle Ada
Q
�r
0 0.25 0.5
Miles
Date Modified 8/13/14
APPENDIX D -CONCRETE REPAIR LOCATION INDEX
EA
1
1
2
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
TOTAL 34
Tree Removal & Replacement Locations
No.
Location
1
4817 Walnut Grove Ave
2
4453 Walnut Grove Ave
3
4225 Walnut Grove Ave
4
4205 Walnut Grove Ave
5
4189 Walnut Grove Ave
6
4151 Walnut Grove Ave
7
4021 Walnut Grove Ave
8
8847 Lawrence Ave
9
7926 Emerson PI
10
8049 Whitmore St
11
3303 Delta Ave
12
2532 Muscatel Ave
13
9030 De Adalena St
14
9031 De Adalena St
15
9141 De Adalena St
16
9142 De Adalena St
17
9152 De Adalena St
18
9203 De Adalena St
19
9239 De Adalena St
20
9307 De Adalena St
21
3700 Rosemead Blvd
22
9119 Marshall St
23
9315 Marshall St
24
9456 De Adalena St
25
7969 Garvey Ave
26
7919 Garvey Ave
27
3000 San Gabriel Blvd
28
8073 Garvey Ave
29
8235 Garvey Ave
30
8711 Landis View Ln
31
8757 Landis View Ln
32
2605 Muscatel Ave
EA
1
1
2
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
TOTAL 34
Curb Ramp Removal and Replacement
No.
Location
EA
1
9766 Valley Blvd
1
2
9800 Valley Blvd
1
3
9655 Valley Blvd
1
4
9700 Temple City Blvd
1
5
4035 Temple City Blvd
1
6
4043 Temple City Blvd
1
7
4050 Temple City Blvd
1
8
9713 Abilene St
1
9
1801 Delt St
1
30
8737 Landis View Ln
1
11
1001 La Presa Ave
1
12
1010 Walnut Grove Ave
1
13
1026 Walnut Grove Ave
1
TOTAL 13
Cast in Place Truncated Domes
No.
Location
EA
1
3667 Delta Ave
1
2
3668 Delt Ave
1
3
3838 Ivar Ave
1
4
8903 Guess St
1
5
8902 Guess St
1
6
3903 Ivar Ave
1
7
8856 Guess St
1
8
8903 Nevada Ave
1
9
8902 Nevada Ave
1
TOTAL 9
Sidewalk Repair Locations
No.
Location
SF
1
4821 Walnut Grove Ave
165
2
4533 Dubonnet Ave
60
3
4817 Walnut Grove Ave
214
4
4811 Walnut Grove Ave
42
5
4545 Walnut Grove Ave
40
6
8611 Blue Circle
55
7
4453 Walnut Grove Ave
63
8
4225 Walnut Grove Ave
252
9
4205 Walnut Grove Ave
147
10
4189 Walnut Grove Ave
92
11
4151 Walnut Grove Ave
110
12
4021 Walnut Grove Ave
176
13
8847 Lawrence Ave
110
14
8779 Lawrence Ave
72
15
8767 Valley Blvd
108
16
8547 Valley Blvd
576
17
8900-8912 Valley Blvd
515
18
8751 De Adalena St
110
19
8942 Valley Blvd
182
20
8400 Valley Blvd
42
21
3963 Walnut Grove Ave
24
22
8559 Ralph St
64
23
8560 Ralph St
64
24
3910 Walnut Grove Ave
96
25
8614 Valley Blvd
144
26
3846 Walnut Grove Ave
56
27
3661 Walnut Grove Ave
69
28
8323 Marshall St
64
29
8427 Marshall St
36
30
8502 Marshall St
124
31
8831 Marshall St
80
32
8914 Valley Blvd
192
33
4322 Arica Ave
101
34
9008 Newby Ave
132
35
9041 Valley Blvd
171
36
9147 Valley Blvd
245
37
9030 De Adalena St
48
38
9031 De Adalena St
20
39
9141 De Adalena St
84
40
9142 De Adalena St
52
41
9152 De Adalena St
48
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
9157 De Adalena St
50
9203 De Adalena St
160
9239 De Adalena St
68
9307 De Adalena St
96
3700 Rosemead Blvd
52
9119 Marshall St
85
9315 Marshall St
68
9220 Valley Blvd
244
3822 Temple City Blvd
51
9456 De Adalena St
40
9736 Valley Blvd
124
9420 Valley Blvd
146
9488 Valley Blvd
90
3922 Temple City Blvd
70
3928 Temple City Blvd
16
9655 Valley Blvd
70
4040 Temple City Blvd
76
4022 Temple City Blvd
92
7517 Emerson PI
34
3152 Jackson Ave
155
3308 Kelburn Ave
42
8049 Whitmore St
92
8073 Garvey Ave
106
7969 Garvey Ave
92
7919 Garvey Ave
92
3130 Garvey Ave
25
8238 Park 5t
37
8235 Garvey Ave
410
3303 Delta Ave
55
3000 San Gabriel Blvd
63
8402 Dorothy St
68
9108 Garvey Ave
236
1803 Delta St
42
2552 Muscatel Ave
63
2532 Muscatel Ave
88
1030 San Gabriel Blvd
42
8711 Landis View Ln
199
8757 Landis View Ln
100
2447 Paljay Ave
80
2627 Muscatel Ave
112
2605 Muscatel Ave
240
TOTAL 9,116
Driveway Repair Locations
No.
Location
SF
1
4821 Walnut Grove Ave
130
2
4739 Ivar Ave
360
3
4811 Walnut Grove Ave
105
4
4545 Walnut Grove Ave
154
5
8611 Blue Cir
147
6
4428 La Presa Ave
72
7
8655 Scott St
50
8
8547 Valley Blvd
144
9
8914 Valley Blvd
548
10
8614 Valley Blvd
280
11
3661 Walnut Grove Ave
95
12
3667 Walnut Grove Ave
116
13
8323 Marshall St
126
14
8729 Marshall St
140
15
8733 Marshall St
98
16
8903 Nevada Ave
63
17
9013 De Adalena St
70
18
3922 Temple City Blvd
112
19
9655 Valley Blvd
245
20
4046 Temple City Blvd
136
21
4040 Temple City Blvd
160
22
4022 Temple City Blvd
180
23
7926 Emerson PI
106
24
2430 Muscatel Ave
50
25
2609 Muscatel Ave
94
TOTAL 3,781
Cross Gutters
No. Location
8902 Nevada Ave
4028 Rosemead Blvd
8737 Landis View Ln
SF
327
490
327
TOTAL 1144
Curb & Gutter Repair Locations
No.
Location
LF
1
4821 Walnut Grove Ave
20
2
4739 Iva r Ave
33
3
4811 Walnut Grove Ave
21
4
4545 Walnut Grove Ave
22
5
8611 Blue Circle
25
6
4453 Walnut Grove Ave
20
7
4428 La Presa Ave
15
8
8655 Scott St
77
9
4021 Walnut Grove Ave
60
10
8547 Valley Blvd
90
11
8914 Valley Blvd
32
12
3910 Walnut Grove Ave
24
13
8614 Valley Blvd
40
14
3820 Walnut Grove Ave
12
15
3661 Walnut Grove Ave
23
16
3667 Walnut Grove Ave
22
17
8323 Marshall St
20
18
8729 Marshall St
25
19
8733 Marshall St
18
20
8914 Valley Blvd
50
21
9008 Newby Ave
15
22
9309 Marshall St
30
23
9488 Valley Blvd
24
24
9655 Valley Blvd
45
25
4046 Temple City Blvd
45
26
4040 Temple City Blvd
60
27
4022 Temple City Blvd
45
28
7525 Emerson PI
11
29
7926 Emerson PI
32
30
8235 Garvey Ave
26
31
2430 Muscatel Ave
13
32
2404 Muscatel Ave
19
33
2609 Muscatel Ave
22
TOTAL 1036
APPENDIX E - GARVEY DOG PARK
CITY OF ROSEMEAD
CALIFORNIA
ADDENDUM #I
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
Date Issued: April 7, 2023
Addendum for: CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
Addendum No.: 1
Addendum Date: April 7, 2023
Issued by: City of Rosemead
Reminder 1: Please sign Addenda Acknowledgement on page CBF -5 of Bid Package Section
Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be
submitted as Bidder's Proposal.
Addendum 1 Removed the Federal Contract Provisions for Community Development Block
Grant (CDBG) of its entirety from the Specification. Therefore, this Project does not require
Federal Contract Provisions for CDBG, and Exhibit 6 to Exhibit 17 of the APPENDIX A
shall not be required to submit with your bid.
Addendum 1 Removed the entire APPENDIX A — FEDERAL REQUIREMENTS from the
Specification.
Addendum 1 revised and reissues the Notice Inviting Bids. Please see Attachment A — Revised
NOTICE INVITING BIDS per Addendum 1. All contractors shall acknowledge this revision.
The City held a mandatory pre-bid meeting on Tuesday, April 4, at 10 am. All prime
contractors were required to attend this meeting to be considered responsive. See Attachment
B — Mandatory Pre -Bid Meeting Sign -in Sheet.
Attachments:
Attachment A - Revised Notice Inviting Bids per Addendum 1
Attachment B — Mandatory Pre -Bid Meeting Sign -in Sheet
Issued by City of Rosemead
Addendum 1, Page 1 of 1
ATTACHMENT A - REVISED NOTICE INVITING BIDS PER ADDENDUM I
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009
CITY OF ROSEMEAD
REVISED NOTICE INVITING BIDS
NIB No. 2023-06
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive
electronic bids through PlanetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home OR
sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30
o'clock a.m. on Thursday, the 13" day of April, 2023. Electronic and hardcopv bids will be
publicly posted on PlanetBids and City's website.
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS
PROJECT No. 24009
Bidders shall attend a mandatory pre-bid meeting to acquaint Bidders with the contract
requirements and site conditions that may affect the work. The mandatory pre-bid meeting will be
held on Tuesday, April 4th, 2023 at 10:00 A.M. in the Rosemead Community Recreation Center at
3936 Muscatel Avenue. The City will only consider Bids submitted by those Bidders who attend
the Mandatory Pre -Bid Meeting. All other bids will be considered non-responsive and subject to
rejection.
The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway
approaches, and curb ramps Citywide as indicated on the construction plans, including tree removals,
tree replanting and other incidental and appurtenant work necessary for the proper completion of the
project.
The engineer's estimate for this project is in the range of $550,000. The successful bidder shall have
THIRTY (30) working days to complete the work. Liquidated damages shall be $500.00 per calendar
day.
Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the
City's PlanetBids portal. Contractors can register as a vendor and download the documents by visiting
the PlanetBids Portal(https://ybsystem.planetbids.com/i)ortal/54150/portal-home). Hard copy of the
bid package will not be mailed.
SB 854 Requirements:
This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be
listed on a bid proposal for a public works project unless registered and qualified with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered and qualified
with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations. The
bid proposal must include a printout from the DIR registration website showing that the prime
contractor and each subcontractor is currently registered and qualified. No bid proposals will be
accepted nor any contract entered into with a prime contractor without proof of registration as required
NII3-1
City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009
above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor
Code Section 1771.1(a)]
Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount
of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory
agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total
amount of the bid price.
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date.
The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, disability, sex or national origin in the consideration for an
award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor
Code. Compliance with the prevailing rates of wage and apprenticeship employment standards
established by the State Director of Industrial Relations will be required.
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business
and Professions Code of the State of California. Bidder shall have a Class "A" license in good
standing at the time Bids are received.
The Council reserves the right to reiect any and all bids and to waive any informality, technical
defect or minor irregularity in any bid submitted.
An award of service shall not be final until the bids have been reviewed and a Contract Agreement
with the City has been signed by the lowest responsible bidder and by the City.
Award of Contract Agreement is proposed for April 25th, 2023
Dated this March 22, 2023
for
Erick emandez
City Clerk
Publish: March 23`d & 30w, 2023.
NIB -2
ATTACHMENT B - Mandatory Pre -Bid Meeting Sign -in Sheet
PRE-BID MEETING SIGN -IN SHEET
CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT
Project No. 24009
April 4, 2023 —10:00 AM
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Attachment C
Construction Contract Agreement with
CT&T Concrete Paving, Inc.
CONSTRUCTION CONTRACT
SIDEWALK REPLACEMENT PROGRAM FY22-23 PROJECT NO 24009 AND ADA
CURB RAMPS — PROJECT NO 28008 ADVERTISED AS CITYWIDE SIDEWALK,
CURB & GUTTER REPLACEMENTS
(CT&T CONCRETE PAVING, INC.)
1. PARTIES AND DATE
This Contract is made and entered into this 25th day of April, 2023 (Effective Date) by
and between the City of Rosemead, a municipal corporation of the State of California,
located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and CT&T Concrete
Paving, Inc. with its principal place of business at 324 S. Diamond Bar Boulevard, PMB 275,
Diamond Bar, CA 91765 (hereinafter referred to as "Contractor'). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the SIDEWALK
REPLACEMENT PROGRAM FY22-23 PROJECT NO 24009 AND ADA CURB RAMPS —
PROJECT NO 28008 on the terms and conditions set forth in this Contract. Contractor
represents that it is experienced in providing such work services to public clients, that it and
its employees or subcontractors have all necessary licenses and permits to perform the
Services in the State of California, and that is familiar with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as Project
("Project") as set forth in this Contract.
3. TERMS
3.1 Scope of Services and Term
3. 1.1 General Scope of Services. Contractor promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction services necessary
for the Project ("Services"). The Services are more particularly described in Exhibit "A"
CT&T Concrete Paving, Inc.
Page 2 of 11
attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Contract, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to April 25, 2024 unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Contract, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of
this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the Services
under this Contract on behalf of Contractor shall also not be employees of City and shall at
all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Contract and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers' compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline. Contractor
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the City Manager,
Ben Kim, or his designee, to act as its representative for the performance of this Contract
("City's Representative'). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Contractor shall not accept direction or orders from
any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Preston
Reeves, or his designee, to act as its representative for the performance of this Contract
("Contractor's Representative"). Contractor's Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
Contractor's Representative shall supervise and direct the Services, using his/her best skill
CT&T Concrete Paving, Inc.
Page 3of11
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Contract in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
CT&T Concrete Paving, Inc.
Page 4 of 11
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance' project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required bylaw or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
CT&T Concrete Paving, Inc.
Page 5 of 11
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terms, or conditions of payment to the Contractor, will release the
surety. If the Contractor fails to furnish any required bond, the City may terminate this
Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California -admitted surety with a current A.M. Best's rating
no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Four Hundred
Seventy -Nine Thousand Fifty -Three Dollars and Sixty -Eight Cents ($479,053.68) without
advance written approval of City's project manager. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in
this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days after receiving
such statement, review the statement and pay all approved charges. The payments will be
subject to a 5% retention amount, which would be released and paid after all work under the
Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed
with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Contract, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
that is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
CT&T Concrete Paving, Inc.
Page 6 of 11
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Contract
shall be given to the respective parties at the following address, or at such other address as
the respective parties may provide in writing for this purpose:
CONTRACTOR:
CT&T Concrete Paving, Inc.
324 S. Diamond Bar Blvd, PMB 275
Diamond Bar, California 91765
Attn: Jose Carvajal
Tel: (909) 629-8000
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Ben Kim, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
CT&T Concrete Paving, Inc.
Page 7 of 11
party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Contract.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.6 Entire Contract. This Contract contains the entire Contract of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
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Page 8 of 11
transfer, either directly or by operation of law, this Contractor any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Contract shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, anyfee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
CT&T Concrete Paving, Inc.
Page 9 of 11
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Contract, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Contract.
[SIGNATURES ON NEXT PAGE]
CT&T Concrete Paving, Inc.
Page 10 of 11
CITY OF ROSEMEAD
Ben Kim, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
CT&T CONCRETE PAVING, INC
By:
Signature Date
Name:
Print
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
in
Rachel Richman, City Attorney Date Name:
CT&T Concrete Paving, Inc.
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
CT&T Concrete Paving, Inc.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Contractor agrees to amend, supplement or endorse the
existing coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00
01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, and a $2,000,000 completed
operations aggregate. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO "insured contract" language will not
be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
Workers' compensation insurance. Contractor shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000) for Contractor 's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor's employees.
Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain
an umbrella or excess liability insurance policy that will provide bodily injury, personal injury
and property damage liability coverage at least as broad as the primary coverages set forth
above, including commercial general liability, automobile liability, and employer's liability.
Such policy or policies shall include the following terms and conditions: Contractor shall
obtain and maintain an umbrella or excess liability insurance policy that will provide bodily
injury, personal injury and property damage liability coverage at least as broad as the
primary coverages set forth above, including commercial general liability, automobile
liability, and employer's liability. Such policy or policies shall include the following terms and
conditions:
CT&T Concrete Paving, Inc.
• A drop down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectable in
whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Builder's risk insurance. Upon commencement of construction and with approval of Agency,
Contractor shall obtain and maintain builder's risk insurance for the entire duration of the
Project until only the Agency has an insurable interest. The Builder's Risk coverage shall
include the coverages as specified below.
The named insureds shall be Contractor and Agency, including its officers, officials,
employees, and agents. All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as additional insureds as their interests
may appear. Contractor shall not be required to maintain property insurance for any portion
of the Project following transfer of control thereof to Agency. The policy shall contain a
provision that all proceeds from the builder's risk policy shall be made payable to the
Agency. The Agency will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed value
of the project. There shall be no coinsurance penalty or provisional limit provision in any
such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2)
coverage against machinery accidents and operational testing; (3) coverage for removal of
debris, and insuring the buildings, structures, machinery, equipment, materials, facilities,
fixtures and all other properties constituting a part of the Project; (4) Ordinance or law
coverage for contingent rebuilding, demolition, and increased costs of construction; (5)
transit coverage (unless insured by the supplier or receiving contractor), with sub -limits
sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine
cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with
sub -limits sufficient to insure the full replacement value of any property or equipment stored
either on or off the Site or any staging area. Such insurance shall be on a form acceptable
to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency
prior to commencement of construction.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- orbetter and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party General liability policies
shall provide or be endorsed to provide that Agency and its officers, officials,
employees, agents, and volunteers shall be additional insurer under such policies
CT&T Concrete Paving, Inc.
using standard ISO endorsement No. CG 2010.. Contractor also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this Contract are intended to apply to the full extent of the policies. Nothing
contained in this Contract or any other Contract relating to the City or its operations
limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverage required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or
prior to the execution of this Contract. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
Contract and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Contractor or deducted from sums due Contractor, at City
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
CT&T Concrete Paving, Inc.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first
and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all Contracts with subcontractors and others
engaged in the project will be submitted to City for review.
11.Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this Contract to self -insure its obligations to City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Contract will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of
City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
CT&T Concrete Paving, Inc.
shall be submitted prior to expiration. A coverage binder or letter from Contractor's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverage.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Contract to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Attachment D
Resolution No. 2023-24
RESOLUTION NO. 2023-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2022-23
CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE
ADDITIONAL FUNDS FOR THE SIDEWALK REPLACEMENT
PROGRAM FY22-23 - PROJECT NO. 24009 AND ADA CURB RAMPS —
PROJECT NO. 28008
WHEREAS, the City Council adopted the Fiscal Year 2022-23 Operating and Capital
Improvement Program budgets on June 14, 2022; and
WHEREAS, the Fiscal Year 2022-23 budget included funding for Sidewalk Replacement
Program FY22-23 in the amount of $250,000 and ADA Curb Ramps project in the amount of
$111,000 (Project); and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget; and
THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council hereby approves an appropriation in the amount of One
Hundred and Seventy -Five Thousand Dollars ($175,000) in Measure R Funds to increase funding
for the Project, for a total Project budget of $536,000.
SECTION 2: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 25' day of April, 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2023-24 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 25ffi day of April, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk