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1997-0415_HOLLAND-LOWE CONSTRUCTION, INC._Specifications & Contract Documents CITY OF SAN JUAN CAPISTRANO • COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET FEDERAL PROJECT NO. STPL-5372 (005) Members of the City Council DAVID SWERDLIN, MAYOR GIL JONES WYATT HART COLLENE CAMPBELL JOHN GREINER CITY MANAGER GEORGE SCARBOROUGH DIRECTOR OF ENGINEERING AND BUILDING WILLIAM M. HUBER APRIL 1997 TABLE OF CONTENTS REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids 1 Bid Proposal 3 Schedule of Work Items 6 Designation of Sub-Contractors 9 Instructions to Bidders 10 Bid Bond BB-1 Performance Bond PB-1 Labor& Material Bond LM-1 CONTRACT Contract 1-4 SPECIAL PROVISIONS Work to be Done SP-1 Section 1 Standard Specifications SP-1 Section 2 Terms Defined SP-2 Section 3 Flow and Acceptance of Water SP-2 Section 4 Water SP-3 Section 5 Insurance and Overhead Costs SP-3 Section 6 Protection of Existing Utilities SP-3 Section 7 Protection of Private Property SP-3 Section 8 Construction Zone SP-3 Section 9 Pre-Construction Coordination Meeting SP-4 Section 10 National Pollutant Discharge Elimination System SP-4 Section 11 Preservation of Survey Monuments SP-5 Section 12 Monumentation Identification SP-5 Project Schedule Form TABLE OF CONTENTS (CON'T) REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET TITLE PAGE DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 and 11 Mobilization DS-1 Bid Item 2 and 12 Project Survey DS-1 Bid Item 3 and 13 Reestablish Centerline Ties DS-1 Bid Item 4 and 14 City Notification Signs DS-1 Bid Item 5 and 15 Traffic Control DS-2 Bid Item 6 and 16 Remove Existing Structural Section DS-3 Bid Item 7 and 17 Provide and Place Asphalt Concrete DS-3 Bid Item 8 and 18 Provide and Place Aggregate Base DS-3 Bid Item 9 and 19 Adjustment of CVWD Valve Boxes to Grade DS-3 Bid Item 10 and 20 Project Striping and Markings DS-4 Bid Item 21 Inductive Loop Detectors DS-4 Bid Item 22 Adjustment of Manholes to Grade DS-5 Bid Item 23 Cold Plane DS-5 Bid Item 24 AC Overlay DS-5 Bid Item 25 Remove and Replace C-8 Curb and Gutter DS-5 Bid Item 26 Adjustment of Survey Monument Covers DS-6 APPENDICES 1. Centerline Ties 2. City Notification Signs 3. Form 1273. Required Contract Provisions Federal-Aid Construction Contracts. Exhibit A. 1-11 4. Title 49. Code of Federal Regulations Part 29. Debarment and Suspension Certificate. Exhibit B. 1 5. Disclosure of Lobbying Activities. Exhibit C. 1-2 6. Non-collusion Affidavit. Exhibit D. 1 7. Federal Requirements for Disadvantaged Business Enterprises 1-6 8. Bidder DBE Information 1 9. Good Faith Effort Report Statement of DB/WBE Participation. . . . Exhibits 4-3a & 4-3b REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 16th day of June 1997, receive sealed proposals or bids for the Rehabilitation of Del Obispo Street from Paseo De La Paz to Aguacate Road and Aguacate Road to Alipaz Street, in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1994 Edition, including all supplements therefore, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the City Clerk's Office, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 2:00 p.m. on the 5th day of June, 1997, in the City Council Chambers. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings,for the City of San Juan Capistrano shall not disseminate any records of the conference. Exclusive of written addenda and this pre-bid conference, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that, which in the opinion of the City of San Juan Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. 1 A time limit of Fifty (50) calendar days has been set for the completion of the work, from the date of the Notice to Proceed. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. BIDDERS ATTENTION is directed to the Federal Requirements for this project contained in the Appendices to the Specifications. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of$30, non-refundable, is required for obtaining each set of plans and specifications. There will be a$5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License Number and Classification of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the Councilmembers of the City of San Juan Capistrano and is dated this /'9-74A- day of /9 , l991 CITY CLE 9244(4 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 2 BID PROPOSAL For the: REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET From: Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1994 Edition, including all supplements therefore, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees,if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of Fifty (50) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the • 3 City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert "$ cash," cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. and Classification Signature of Bidder: 4 (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: Telephone Number 5 SCHEDULE OF WORK ITEMS REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET Item Approximate Work Items With Unit Price Unit Price Total Amount Quantity (Written in Words) (In Figures) DEL OBISPO STREET, PASEO DE LA PAZ TO AGUACATE ROAD 1 L.S. Mobilization for the lump sum price of five thousand dollars. $5,000.00 2 L.S. Project survey for the lump sum price of_ dollars. $ 3 L.S. Reestablish centerline ties and monuments for the lump sum price of dollars. $ 4 2 Ea. Provide City notification signs for the unit price of dollars per each. $ $ 5 L.S. Traffic control for the lump sum price of_ dollars. $ 6 23,800 S.F. Remove structural section for the unit price of dollars per square foot. $ $ 7 900 Tons Provide and place asphalt concrete for the unit price of dollars per ton. $ $ 8 2,570 Tons Provide and place aggregate base for the unit price of dollars per ton. $ $ 9 1 Ea. Adjust CVWD valve boxes to grade for the unit price of dollars per each. $ $ 10 L.S. Project striping for the lump sum price of dollars. $ 6 SCHEDULE OF WORK ITEMS REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET DEL OBISPO STREET, AGUACATE ROAD TO ALIPAZ STREET 11 L.S. Mobilization for the lump sum price of five thousand dollars. $ 5,000.00 12 L.S. Project survey for the lump sum price of_ dollars. $ 13 L.S. Reestablish centerline ties and monuments for the lump sum price of dollars. $ 14 2 Ea. Provide City notification signs for the unit price of dollars per each. $ $ 15 L.S. Traffic Control for the lump sum price of_ dollars. $ 16 5,196 S.F. Remove structural section for the unit price of dollars per square foot. $ $ 17 158 Tons Provide and place asphalt concrete for the unit price of dollars per ton. $ $ 18 424 Tons Provide and place aggregate base for the unit price of dollars per ton. $ $ 19 26 Ea. Adjust CVWD valve boxes to grade for the unit price of dollars per each. $ $ 20 L.S. Project striping for the lump sum price of dollars. $ 21 16 Ea. Reconstruct inductive loop detectors for the unit price of dollars per each. $ $ 22 12 Ea. Adjust manholes to grade for the unit price of dollars per each. $ $ 23 24,200 S.F. Cold plane zero to 0.12' deep for the unit price of dollars per square foot. $ $ 7 SCHEDULE OF WORK ITEMS REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET 24 1,270 Ton AC overlay for the unit price of dollars per ton. $ $ 25 60 L.F. Remove and replace C-8 curb and gutter for the unit price of dollars per lineal foot. 26 4 Ea. Adjust survey monument covers to grade for the unit price of dollars per each. $ $ Total Bid Price (Enter here and on Page 3) Words Figures 8 DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone & Classification 1. 2. 3. 4. 5. 6. 7. 8. BIDDER'S NAME AUTHORIZED SIGNATURE 9 INSTRUCTION TO BIDDERS Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans. Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction. 1994 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. 10 Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten percent (10%) of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and, if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent (10%) of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. 11 G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City of San Juan Capistrano will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of ninety(90) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety (90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City of San Juan Capistrano, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the form adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. 12 If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract, Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. Time Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of fifty (50) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor,will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages - Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said Code and as listed in the "Notice Inviting Bids." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. 13 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and - hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1994 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Rehabilitation Of Del Obispo Street From Paseo De La Paz To Aguacate Road and Aguacate Road To Alipaz Street in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, 1 CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. 2 SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured,which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by 3 CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: GEORGE SCARBOROUGH, CITY MANAGER BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: John Shaw, City Attorney 4 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and , as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ • , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19_, for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. BB-1 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this day of , 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate Seal SURETY ATTEST BY: Title: Title APPROV I AS TO FORM: 1 IIJohn • Shaw, City • ttorney BB-2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB-1 • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of , 19 , at , California. PRINCIPAL APPROVED AS TO FORM (NOTARIZATION AND SEAL) 1 ttsiL, i ,. JO N R. SHAW, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) PB-2 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to , License No. , hereinafter designated as "Principal", a contract for and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams 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, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment 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 Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. LM-1 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of , 19 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By SURETY By APPROVED AS TO FORM . • R. SHAW, ' ATTORNEY LM-2 CITY OF SAN JUAN CAPISTRANO SPECIAL PROVISIONS REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET WORK TO BE DONE The work to be done under this contract in general, consists of the following: 1. Rehabilitation of Del Obispo Street from Paseo De La Paz to Aguacate Road by removing existing structural section areas as designated on the project plans and placing new AC/AB structural section; and, 2. Rehabilitation of Del Obispo Street from Aguacate Road to Alipaz Street by removing existing structural section areas as designated on the project plans, placing new AC/AB structural section, cold planing and AC overlay. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction. 1994 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Director of Engineering and Building, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Director of Engineering and Building, within the time specified in such notice, the City of San Juan Capistrano, in any such case, shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City of San Juan Capistrano may designate. Upon such termination, the Contractor's control shall terminate and thereupon the Members of the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof, or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City of San Juan Capistrano may deem proper; SP-1 or the Members of the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefore. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City of San Juan Capistrano; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City of San Juan Capistrano as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 7-13 - Laws to be Observed Add: "All contractors and subcontractors shall comply with all sections of the Municipal Code of the City of San Juan Capistrano, especially Section: 6-3.06(b), (c), (d) and (e) and shall secure the services of the City's exclusive solid waste hauler for their solid waste handling needs." Change 3: Section 8 - Facilities for City Personnel Delete this Section. Change 4: Section 2-9.3 - Survey Services The Contractor will perform and be responsible for the accuracy of survey adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at his expense. The Contractor shall dig all holes necessary for line and grade stakes. Unless Otherwise specified, stakes will be set and stationed by the Contractor for curbs, headers, sewers, storm drains, structures and rough grade and a corresponding cut or fill to finished grade (or flowline) indicated on a grade sheet. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or person shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City,Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SP-2 SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 -WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contracting the Capistrano Valley Water District at (714) 493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS A fixed amount has been entered for mobilization by the Engineer. The Contractor shall receive no additional direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, those costs greater than the fixed amount should be prorated to the appropriate bid items. SECTION 6 -PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at lease 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefore. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SP-3 SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public- or privately-owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, way or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commence of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule in the attached form showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 10 -NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than Storm Water are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments, fuels, oils, lubricants, and hydraulic, radiator or batter fluids;fertilizers, vehicle/equipment wash water and concrete wash water; concrete detergent or floatable wastes;wastes from any engine/equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. SP-4 During construction, disposal of such materials should occur in a specified and controlled temporary area on-site,physically separated from potential storm water run-off, with ultimate disposal in accordance with local, state and federal requirements. 2. Dewatering of contaminated groundwater, or discharging, contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the respective State Regional Water Quality Control Board. SECTION 11 - PRESERVATION OF SURVEY MONUMENT Effective January 1, 1995, AB 1414 "Preservation of Survey Monumentation Compliance with Section 8771 of the Business and Professional Code" provides for the preservation of Survey Monuments in construction projects. This legislation mandates that prior to construction monuments are to be referenced in the field and "Corner Records" prepared for filing in the Office of the County Surveyor. It also mandates that after construction, monuments are to be reset and "Corner Records" filed with the County Surveyor. This must be done prior to certifying completion of a project. The City requires monumentation preservation on all capital improvement projects where monumentation points are present and the contractor shall be responsible for submitting proper documentation to the Office of the County Surveyor in compliance with AB 1414. Project finalization, Notice of Completion and/or release of retention shall be contingent upon obtaining documentation from the contractor's project surveyor or engineer that monuments have been set or restored and Corner Records filed with, and to, the satisfaction of the County Surveyor. All costs necessary to comply with this legislation shall be allocated to the appropriate bid item. SECTION 12 - MONUMENTATION IDENTIFICATION In accordance with the Professional Land Surveyor Act, Section 8772, any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceded by the letters "LS." or "R.C.E.," respectively, as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument. Centerline ties filed with the Orange County Surveyor will be checked for compliance with this law. SP-5 r JOB Submitted in Accordance with the Legend: PROGRESS SCHEDULE LIMITS Requirements of the special provisions % Complete PROD. NO. by: Actual Progress SPEC. NO. Contractor Date Scheduled Progress START DATE _ Accepted by Date BID WORKING DAYS ITEM % 0 10 20 30 40 50 60 70 80 90 110 NO, DESCRIPTION BID No Imo 11111111111111111111 III II II II IIII II III IIIIIIIIIEN N. — N.N. IIIIIIIIIIIMS so INE Illi.....................................1a, A CITY OF SAN JUAN CAPISTRANO REHABILITATION OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 AND 11 - MOBILIZATION The contractor shall allow the amounts shown under this item. The work for this item will consist of providing bonds, insurance, financing, and moving equipment to the project site as designated on the plans. PAYMENT The lump sum price for mobilization shall include all work specified and shall include all labor, materials, tools and equipment to the project site as designated on the plans. BID ITEM 2 AND 12 - PROJECT SURVEY The work for this item shall consist of project survey by a licensed engineer or surveyor and certification of construction to the required line and grade. The contractor shall ensure that the intent of the design will be met by checking existing construction elevations for compatibility with the proposed construction. Any discrepancies shall be reported to the engineer for review. PAYMENT The lump sum price for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefor. BID ITEM 3 AND 13 - REESTABLISH CENTERLINE TIES AND MONUMENTS The work for this item shall consist of the reestablishing of center control ties and monuments by a Registered Civil Engineer or licensed surveyor removed, disturbed or covered during the course of construction. PAYMENT The lump sum price for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefor. BID ITEM 4 AND 14 - CITY NOTIFICATION SIGNS One week prior to construction, the contractor shall provide and erect City notification signs, at locations shown on the plans or marked in the field and agreed by the engineer. The signs shall be removed within one week of completion of construction. The City will provide a black and white xerox copy of the City logo from which the contractor shall make a stencil(s) for making the signs. The stencil(s) shall become the property of the City. DS-1 PAYMENT The lump sum price for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefor. BID ITEM 5 AND 15 - TRAFFIC CONTROL The contractor shall provide and maintain traffic control devices during the construction of the project. Access to driveways and side streets must be maintained at all times. In addition to those provisions of Section 7-10 of the Standard Specifications for Public Works Construction(Green Book) dealing with Public Convenience and Safety, the following requirements are included as contract specifications: All warning and regulatory signs, lights and devices used for the protection of the public on the project shall conform to those described in the current issue of the State of California Manual of Warning Signs, Lights and Devices for use in Performing Work Upon Highways as required by Section 21400 of the California Vehicle Code. The project shall consist of two general R and R phases to allow work in approximately one half of the roadway at a time. Only that traffic control necessary for the work being undertaken shall be set up. Phase 1 i) One 12'minimum width traffic lane plus one bicycle lane in each direction shall be maintained at all times on Del Obispo Street. ii) Lane closures will occur between the hours of 8:30 a.m. to 3:30 p.m. Phase 2 i) Phase 1 rehabilitation shall be completed in its entirety before work shall commence on Phase 2. ii) One 12'minimum width traffic lane plus one bicycle lane in each direction shall be maintained at all times on Del Obispo Street. iii) Lane closures will occur between the hours of 8:30 a.m. to 3:30 p.m. Phase 3 The overlay phase, Aguacate Road to Alipaz Street, shall follow Phase 2. Bicyclists and Pedestrians Provide a safe route around the working area. DS-2 PAYMENT The lump sum price for this item shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation shall be made therefor. BID ITEM 6 AND 16 - REMOVE EXISTING STRUCTURAL SECTION The work for this item shall consist of sawcutting, removing and disposing of the existing structural section as shown on the plans, or marked in the field and as directed by the Engineer. The workmanship and materials necessary to complete the work as required shall conform to Section 300-2 of the Standard Specifications. PAYMENT The unit price per square foot for this item shall include all labor, materials, tools, equipment and incidentals to sawcut, remove and dispose of existing asphalt concrete as shown on the plans or marked in the field and no additional compensation shall be made therefor. BID ITEM 7 AND 17 - PROVIDE AND PLACE ASPHALT CONCRETE The work for this item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 1805. PAYMENT The unit price per ton of this item shall include all labor, materials, tools and equipment necessary to place the asphalt concrete section, and no additional compensation shall be made therefor. BID ITEM 8 AND 18 - PROVIDE AND PLACE AGGREGATE BASE The work for this bid item shall include the furnishing and placing of aggregate base as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work as required shall conform to Section 301-2 of the Standard Specifications and Orange County Standard Plan 1804. PAYMENT The unit price bid per ton for aggregate base shall include all labor, materials, tools, and equipment necessary to place the aggregate base material, and no additional compensation shall be made therefor. BID ITEM 9 AND 19 - ADJUSTMENT OF VALVE BOXES TO GRADE The work for this bid item shall include setting all existing Capistrano Valley Water District (CVWD) water valve boxes to grade within the area to be surfaced, per Capistrano Valley Water District Standard Plan W13. DS-3 It shall be the responsibility of the Contractor to locate all valve boxes prior to doing any work and have them dimensioned from two know points. The District should be notified at least forty-eight hours before any work begins (493-1515). At the sole option of the District, this work may be deleted from the contract. Bid prices should reflect this eventuality and no adjustment to other bid prices will be made. PAYMENT The unit price bid per each adjusting CVWD valve boxes to grade shall include all labor, materials, tools, and equipment, as well as traffic control and no additional compensation will be made therefor. BID ITEM 10 AND 20 - PROJECT STRIPING AND MARKINGS Striping shall conform to Section 210, "Paint and Protective Coatings" and Subsection 310-5.6, "Painting, Traffic Striping, pavement Markings, and Curb Markings", of the Standard Specifications, the current State of California Department of Transportation Traffic Manual, and these Special Provisions. The street shall not be left unstriped over any weekend period. The Contractor shall complete the traffic striping as shown on the striping plans, only where the existing conflicting striping has been removed. The Contractor shall perform all layout, alignment and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 'A inch in 50 feet from the alignment shown on the plans. PAYMENT Payment for Project Striping and Markings shall be at the contract unit price bid per square foot, which shall be full compensation for furnishing all labor, materials, equipment, tools and incidentals and no additional compensation shall be made therefor. BID ITEM 21 - INDUCTIVE LOOP DETECTORS The work for this item shall include the construction of the inductive loop detectors shown on the plans in accordance with Section 86 of the Standard Specifications, State of California Department of Transportation, January 1988 Edition. PAYMENT The unit price bid for constructing inductive loop detectors shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. DS-4 BID ITEM 22 - ADJUSTMENT OF CITY MANHOLE FRAMES AND COVER SETS TO GRADE The work for this bid items shall include setting all existing sewer and storm drain, manhole frames and cover sets to grade within the area to be surfaced. It shall be the responsibility of the Contractor to locate all manholes prior to doing any work and have them dimensioned from two known points. PAYMENT The unit price bid per each adjusting manhole frames and cover sets to grade shall include all labor, materials, tools, and equipment, as well as traffic control, and no additional compensation will be made therefor. BID ITEM 23 - COLD PLANE EXISTING ASPHALT CONCRETE 0.12' DEEP TO ZERO The work for this item will consist of cold planing the pavement 0.12' deep to zero where shown on the plans or marked in the field and as directed by the Engineer. The workmanship, materials and equipment necessary to complete the work as required shall conform to Section 302-5.2 of the Standard Specifications. PAYMENT Payment for cold planing 0.12' deep to zero shall be at the contract unit price bid per square foot, which shall be full compensation for furnishing all labor, materials, equipment, cleaning and incidentals necessary to cold plane the areas shown on the plan and as directed by the Engineer and no additional payment shall be made therefor. BID ITEM 24 - ASPHALT CONCRETE OVERLAY The work for this bid item shall include the furnishing and placing of III C2 AR4000 asphalt concrete as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 1805. PAYMENT The unit price bid per ton for asphalt concrete overlay shall include all labor, material, tools, and equipment necessary to construct the asphalt concrete paving, and no additional compensation shall be made therefor. BID ITEM 25 - REMOVE AND REPLACE CURB AND GUTTER TYPE C-8 The work for this bid item shall include removing existing curb and gutter and constructing curb and gutter Type C-8 per City of San Juan Capistrano Standard Plan No. 301, including Class 2 aggregate base or CMB, shown on the standard plan. DS-5 PAYMENT The unit price per lineal foot for this bid item shall include all labor, materials, tools and equipment, and no additional compensation shall be made therefor. BID ITEM 26 - ADJUSTMENT OF SURVEY MONUMENT COVERS TO GRADE The work for this bid item shall include setting all existing survey monument covers to grade within the area to be surfaced. It shall be the responsibility of the Contractor to locate all survey monuments prior to doing any work and have them dimensioned from two known points. 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TRACT CENTERLINE 4500 CAMPUS DR. SUITE 300 TIE NOTES NO. NEWPORT BEACH ,CALIF92660 7912 ROYAL A WES T PCE 20/06 T/ES SET /N A-7,4Y/974W CITY NOTIFICATION SIGN Your City Dollars ,� at Work Rehabilitation of Del Obispo Street from Paseo de la Paz to Alipaz Street Severe trafic delays Please use Alternate Route Proposed Completion - (date) 1997 1. Black letters on beige background 2. 5'-0" x 3'-0" 3. Single post mounted LPI'uS-(t, I.xhrhit A REENGINEERING. Attachment 7. PS&F. Page 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page the contractor shall not: I.. General 1 IL Nondiscrimination 1 a. discriminate against labor from any other State, posses- ill. , ;Nonsegregated Facilities 3 sion, or territory of the United States (except for employment IV. Payment of Predetermined.Minimum Wage 3 preferencefor Appalachian contracts,when applicable,as specified V. .Statements and,Payrolls, 6 in Attachment A), or VI. Record of Materials, Supplies, and Labor 6 VII. Subletting or Assigning the Contract 7 b. employ convict labor for any purpose within the limits of VIII. Safety: Accident Preyention 7 the project unless it is labor performed by convicts who are on IX. False Statements Concerning Highway Projects 7 parole, supervised release, or probation. X. Implementation of Clean Air Act and Federal Water Pollution Control Act 8 II. NONDISCRIMINATION Xl. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 8 (Applicable to all Federal-aid construction contracts and to all XII. Certification Regarding Use of Contract Funds for related subcontracts of$10,000 or more.) Lobbying 9 1. Equal Employment Opportunity: Equal employment ATTACHMENTS opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under A. Employment Preference for Appalachian Contracts laws,executive orders.rules,regulations(28 CFR 35,29 CFR 1630 (included in Appalachian contracts only) and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 I. GENERAL U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. 1. These contract provisions shall apply to all work performed on The Equal Opportunity Construction Contract Specifications set the contract by the contractor's own organization and with the forth under 41 CFR 60-4.3 and the provisions of the American assistance of workers under the contractors immediate superin- Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 tendence and to all work performed on the contract by piecework, CFR 35 and 29 CFR 1630 are incorporated by reference in this station work, or by subcontract. contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities 2. Except as otherwise provided for in each section,the contrac- of EEO: tor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their a. The contractor will work with the State highway agency inclusion in any lower tier subcontract or purchase order that may (SHA)and the Federal Government in carrying out EEO obligations in turn be made. The Required Contract Provisions shall not be and in their review of his/her activities under the contract. incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier b. The contractor will accept as his operating policy the subcontractor with these Required Contract Provisions. following statement: •3. A breach of any of the stipulations contained in these . "It is the policy of this Company to assure.xhat applicants are Required Contract .Provisions shall be sufficient grounds for employed,and that employees are treated during employment. termination of the contract. without regard to their race.religion, sex,color,national origin, age or disability. Such action shall include: employment, 4. A breach of the following clauses of the Required Contract upgrading, demotion, or transfer; recruitment or recruitment Provisions may also be grounds for debarment as provided in 29 advertising; layoff or termination; rates of pay or other forms CFR.5.12: of compensation; and selection for training, including appren- ticeship, preapprenticeship, and/or on-the-job training." Section 1 paragraph 2 Section IV, paragraphs1, 2;3,4, and 7; 2. EEO Officer: The contractor will designate,and make known Section, V paragraphs 1,and 2a through 2g._ to the SHA contracting officers an EEO Officer who will have the • responsibility for and must be capable of.effectively administering 5. Disputes arising out of the labor standards provisions of and promoting an active contractor program of EEO and who must Section IV(except paragraph 5)and Section V of these Required be assigned adequate authority and responsibility to do so. Contract Provisions shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in actor- 3. Dissemination of Policy: All members of the contractors dance with the procedures of the U.S. Department of Labor(DOL) staff who are authorized to hire,supervise,promote,and discharge • as set forth in 29 CFR 5,6,and 7. Disputes within the meaning of employees,or who recommend such action,or who are substantia this clause include disputes between the contractor (or any of its ly involved in such action, will be made fully cognizant of, and will subcontractors) and the contracting agency, the DOL, or the implement,the contractors EEO polity and contractual responsibili- contractor's employees or their representatives. ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following 6. Selection of Labor: During the performance of this contract, actions will be taken as a minimum: Page I Form 1273—March 10, 1994 01*u!s-t i Exhibit A REENGINEERING. Attachment 7. PS&L Page a Periodic meetings of supervisory and personnel office c The contractor will periodicatty review selected personnel employees will be conducted before the start of work and then not actions in depth to determine whether there is evidence of discnm- less often than once every six months,at which time the contract- nation Where evidence is found,the contractor will promptly take or's EEO policy and its implementation will be reviewed and corrective action. If the review indicates that the discrimination may explained. The meetings will be conducted by the EEO Officer. extend beyond the actions reviewed, such corrective action shall include all affected persons. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer. covering all d. The contractor will promptly investigate all complaints of major aspects of the contractor's EEO obligations within thirty days alleged discrimination made to the contractor in connection with his following their reporting for duty with the contractor. obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reason- c. All personnel who are engaged in direct recruitment for able time. If the investigation indicates that the discrimination may the project will be instructed by the EEO Officer in the contractor's affect persons other than the complainant, such corrective action procedures for locating and hiring minority group employees. shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of d. Notices and posters setting forth the contractor's EEO his avenues of appeal. policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. 6. Training and Promotion: e. The contractor's EEO policy and the "procedures to a. The contractor will assist in locating, qualifying, and implement such policy will be brought to the attention of employees increasing the skills of minority group and women employees,and by means of meetings,employee handbooks,or other appropriate applicants for employment. means. b. Consistent with the contractor's work force requirements 4. Recruitment: When advertising for employees,the contrac- and as permissible under Federal and State regulations, the tor will include in all advertisements for employees the notation: contractor shall make full use of training programs. i.e., appren- "An Equal Opportunity Employer." All such advertisements will be ticeship,and on-the-job training programs for the geographical area placed in publications having a large circulation among minority of contract performance. Wherefeasible,25percentofapprentices groups in the area from which the project work force would or trainees in each occupation shall be in their first year of appren- normally be derived. ticeship or training. In the event a special provision for training is provided under this contract,this subparagraph will be superseded a. The contractor will, unless precluded by a valid bargaining as indicated in the special provision. agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified c. The contractor will advise employees and applicants for minority group applicants. To meet this requirement,the contractor employment of available training programs and entrance require- will identify sources of potential minority group employees, and ments for each. establish with such identified sources procedures whereby minority ' group applicants may be referred to the contractor for employment d. The contractor will periodically review the training and consideration. promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and b. In the event the contractor has.a valid bargaining agree- promotion. . ment providing for exclusive hiring hall referrals, he is expected to - observe the provisions of that agreement to the extent that the 7. Unions: If the contractor relies in whole or in part upon system permits the contractor's compliance with EEO contract unions as a source of employees, the contractor will use his/her provisions. (The DOL has held that where implementation of such best efforts to obtain the cooperation of such unions to increase agreements have the effect of discriminating against minorities or opportunities for minority groups and women within the unions,and women,or obligates the contractor to do the same,such implemen- to effect referrals by such unions of minority and female employees. tation violates Executive Order 11246, as amended.) Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth c. The contractor will encourage his present employees to below: refer minority group applicants for employment Information and - . procedures with regard to referring minority group applicants will be a. The contractor will use best efforts to develop,in coopera- discussed with employees. '' tion with the unions,joint training programs aimed toward qualifying more minority group members andwomen'for membership in the 5. Personnel Actions: Wages working conditions,and employ- unions and increasing the skills of minority group employees and . ee'benefrts shall be established and administered, and personnel women so that they may qualify for higher paying employment actions of every type, including'hiring,'upgrading,' promotion, transfer, demotion, layoff, and termination.'shall be taken wit,out b. The contractor will use best efforts to incorporate an EEO regard to race,color,religion. sex,national origin, age dr disability. clause into each union agreement to the end that such union will be The following procedures shall be followed: contractually bound to refer applicants without regard to their race• a. The contractor will conduct periodic inspections of project color, religion, sex,national origin, age or disability. sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. c. The contractor is to obtain information as to,the referral practices and policies of the labor union except that to the extent b. The contractor will periodically evaluate the spread of such information is within the exclusive possession of the labor wages paid within each classification•to determine any evidence of union and such labor union refuses to furnish such information to _ discriminatory wage practices. the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. ' Page 2 Form 1273—March 10, 1994 Lf'!' t.xhihit A REENGINEERING. .Attachmcnl PS&L Pa^c d. In the event the union is unable to provide the contractor job training is being required by special provision,the contractor will with a reasonable flow of minority and women referrals within the be required to collect and report training data. time limit se: forth in the collective bargaining agreement. the contractor will, through independent recruitment efforts, fit the III. NONSEGREGATED FACILfTIES employment vacancies without regard to race,color, religion, sex, national origin, age or disability: making full efforts to obtain (Applicable to all Federal-aid construction contracts and to all qualified and/or qualifiable minority group persons and women. related subcontracts of 310,000 or more.) (Tne DOL has held that it shall be no excuse that the union with - which the contractor has a collective bargaining agreement provid- a. By submission of this bid, the execution of this contract or ing for exclusive referral failed to refer minority employees.) In the subcontract,orthe consummation of this material supply agreement event the union referral practice prevents the contractor from or purchase order,as appropriate,the bidder,Federal-aid construc- meeting the obligations pursuant to Executive Order 11246, as lion contractor, subcontractor, material supplier, or vendor, as amended, and these special provisions: such contractor shall appropriate, certifies that the firm does not maintain or provide for immediately notify the SHA. its employees any segregated facilities at any of its establishments, • and that the firm does not permit its employees to perform their 8. Selection of Subcontractors, Procurement of Materials services at any location, under its control, where segregated and Leasing of Equipment: The contractor shall not discriminate facilities are maintained. The firm agrees that a breach of this on the grounds of race, color, religion, sex, national origin, age or certification is a violation of the EEO provisions of this contract. disability in the selection and retention of subcontractors, including The firm further certifies that no employee will be denied access to procurement of materials and leases of equipment. adequate facilities on the basis of sex or disability. a. The contractor shall notify all potential subcontractors and b. As used in this certification, the term"segregated facilities" suppliers of his/her EEO obligations under this contract. means any waiting rooms,work areas,restrooms and washrooms, restaurants and other eating areas,timeclocks, locker rooms,and b. Disadvantaged business enterprises(DBE),as defined in other storage or dressing areas, parking lots, drinking fountains, 49 CFR 23, shall have equal opportunity to compete for and recreation or entertainment areas, transportation, and housing perform subcontracts which the contractor enters into pursuant to facilities provided for employees which are segregated by explicit :his contract. The contractor will use his best efforts to solicit bids directive, or are, in fact, segregated on the basis of race, color,- from and to utilize DBE subcontractors or subcontractors with religion, national origin, age or disability, because of habit, local meaningful minority group and female representation among their custom. or otherwise. The only exception will be for the disabled employees. Contractors shall obtain lists of DBE construction firms when the demands for accessibility override(e.g.disabled parking). from SHA personnel. c. The contractor agrees that it has obtained or will obtain c. The contractor will use his best efforts to ensure subcon- identical certification from proposed subcontractors or material tractor compliance with their EEO obligations. suppliers prior to award of subcontracts or consummation of material supply agreements of 510,000 or more and that it will 9. Records and Reports: The contractor shall keep such retain such certifications in its files. records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three IV. PAYMENT OF PREDETERMINED MINIMUM WAGE years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- (Applicable to all Federal-aid construction contracts exceeding rized representatives of the SHA and the FHWA. S2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, a. The records kept by the contractor shall document the which are exempt.) following: •• 1. General: • (1) The number of minority and non-minority group members and women employed in each work classification on the a. All mechanics and laborers employed or working upon project; the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on (2) The progress and efforts being made in cooperation - any account [except such payroll deductions as are permitted by with unions,when applicable,to increase employment opportunities regulations (29 CFR 3)issued by the Secretary of Labor under the for minorities and women; • Copeland Act (40 U.S.C. '276c)) the full amounts of wages and bona fide fringe benefits (or cash equivalents'thereof) due at time (3) The progress and efforts being made in locating, of payment. The payment shall be computed at wage rates not hiring, training, qualifying, and upgrading minority and female less than those contained in the wage determination of the employees;and Secretary of Labor(hereinafter`the wage determination") which is • attached hereto and made a part hereof, regardless of any (4) The progress and efforts being made in securing the contractual relationship which may be alleged to exist between the services of DBE subcontractors or subcontractors with meaningful contractor or its subcontractors and such laborers and mechanics. minority and female representation among their employees. The wage determination(including anyadditional classifications and wage rates conformed under paragraph 2 of this Section IV and the b. The contractors will submit an annual report to the SHA DOL poster(WH-1321)or Form FHWA-1495)shall be posted at at each July for the duration of the project, indicating the number of times by the contractor and its subcontractors at the site of the minority, women, and non-minority group employees currently work in a prominent and accessible place where it can be easily engaged in each work classification required by the contract work. seen by the workers. For the purpose of this Section,contributions This information is to be reported on Form FHWA-1391. If on-the made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act(40 U.S.C. 276a)on Page 3 Form 1273—March 10, 1994 LPi'ut•fl; I.xhihe A REENGINEERING. Attachment 7. I'S&E 1'ar,e 4 behalf of laborers or mechanics are considered wages paid to such officer,to the Wage and Hour Administrator for determination. Said laborers or mechanics, subject to the provisions of Section IV, Administrator, or an authorized representative, will issue a determi- paragraph 3b.hereof. Also,for the purpose of this Section,regular nation within 30 days of receipt and so advise the contracting contnbutions made or costs incurred for more than a weekly period .officer or will notify the contracting officer within the 30-day period (but not less often than quarterly)under plans,funds,or programs, that additional time is necessary , which cover the particular weekly period, are deemed to be constructively made or incurred dunng such weekly period. Such e. The wage rate (including fringe.beneflts where appropri- laborers and mechanics shall be paid the appropriate wage rate ate)determined pursuant to paragraph 2c or 2d of this Section IV and fringe benefits on the wage determination for the classification shall be paid to all workers performing work in the additional of work actually performed, without regard to skill, except as classification from the first day on which work is performed in the provided in paragraphs 4 and 5 of this Section IV. classification. b. Laborers or mechanics performing work in more than one 3. Payment of Fringe Benefits: classification may be compensated at the rate specified for each classification for the time actually worked therein,provided,that the a. Whenever the minimum wage rate prescribed in the employer's payroll records accurately set forth the time spent in contract for a class of laborers or mechanics includes a fringe each classification in which work is performed. benefit which is not expressed as an hourly rate,the contractor or • subcontractors, as appropriate, shall either pay the benefit as c.•All rulings and interpretations of the Davis-Bacon Act and stated in the wage determination or shall pay another bona fide related acts contained in 29 CFR 1,3, and 5 are herein incorpo- fringe benefit or an hourly case equivalent thereof. rated by reference in this contract. b. If the contractor or subcontractor,as appropriate,does not 2. Classification: make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the a. The SHA contracting officer shall require that any class of amount of any costs reasonably anticipated in providing bona fide laborers or mechanics employed under the contract, which is not fringe benefits under a plan or program, provided, that the Secre- listed in the wage determination, shall be classified in conformance tary of Labor has found,upon the written request of the contractor, with the wage determination. that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set b. The contracting officer shall approve an additional aside in a separate account assets for the meeting of obligations classification, wage rate and fringe benefits only when the following under the plan or program. criteria have been met: 4. Apprentices and Trainees(Programs of the U.S.DOL)and (1) the work to be performed by the additional classify- Helpers: cation requested is not performed by a classification in the wage determination; a. Apprentices: (2) the additional classification is utilized in the area by (1) Apprentices will be permitted to work at less than the the construction industry; predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide (3) the proposed wage rate, including any bona fide apprenticeship program registered with the DOL,Employment and fringe benefits, bears a reasonable relationship to the wage rates Training Administration, Bureau of Apprenticeship and Training, or contained in the wage determination; and with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary (4) with respect to helpers, when such a classification employment as an apprentice in such an apprenticeship program, prevails in the area in which the work is performed. who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State c. If the contractor or subcontractors, as appropriate, the apprenticeship agency (where appropriate) to be eligible for laborers and mechanics(if known)to be employed in the additional probationary employment as an apprentice. classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount (2) The allowable ratio,of apprentices to journeyman- . designatedfor fringe benefits where appropriate), a report of the level employees on the job site.inany craft classification shall not action.taken shall be sent by the contracting officer to the DOL, be greater than the ratio permitted to the contractor as to the entire Administrator of the Wage.and Hour Division, Employment Stan- work force under the registered program. Any employee listed on dards Administration.-Washington, D.C. 20210. The Wage and a payroll at an apprentice wage rate, who is not registered or • Hour Administrator, or an authorized representative, will approve, -otherwise employed as stated•above:shall be paid not less than modify,ordisapproveeveryadditional classification action within 30 the applicable wage rate listed in the wage determination for the days of receipt and so advise the contracting officer or will notify classification of work actually performed. In addition, any appren- the contracting officer within the 30-day period that additional time •lice performing work on the job site in excess of the ratio permitted is necessary. under the registered program shall be.paid not less than the applicable wage rate on the wage determination for the work d. In the event the contractor or subcontractors, as appro- actually performed. Where a contractor or subcontractor is pnate, the laborers or mechanics to be employed in the additional performing construction on a project in a locality other than that in classification or their representatives,and the contracting officer do which its program is registered, the,ratios and wage rates (ex- not agree on the proposed classification and wage rate (including pressed in percentages of :the journeyman-level hourly rate) the amount designated for fringe benefits, where appropriate), the specified in the contractor's or subcontractor's registered program contracting officer shall refer the questions, including the views of shall be observed. • all interested parties and the recommendation of the contracting Page 4 Form 1273—March 10, 1994 4�•(1 Exhibit A LPI' REENGINEERING. Attachmcn: T. i'S&E Page S (3) Every apprentice must be paid at not less than the helper wage rate.who is not a helper under a approved definition, rate specified in the registered program for the apprentice's level of shall be paid not less than the applicable wage rate on the wage progress, expressed as a percentage of the journeyman-level determination for the classification of work actually performed. - hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the 5. Apprentices and Trainees (Programs of the U.S. DOT): provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid Apprentices and trainees working under apprenticeship and the full amount of fringe benefits listed on the wage determination skill training programs which have been-certified by the Secretary for the applicable classification. If the Administrator for the Wage of Transportation as promoting EEO in connection with Federal-aid and Hour Division determines that a different practice prevails for highway construction programs are not subject to the requirements the applicable -apprentice classification, fringes shall be paid in of paragraph 4 of this Section IV. The straight time hourly wage accordance with that determination. rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices (4) In the event the Bureau of Apprenticeship and and trainees to journeymen shall not be greater than permitted by Training, or a State apprenticeship agency irecognized by the the terms of the particular program. Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize 6. Withholding: apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an accept- The SHA shall upon its own action or upon written request able program is approved. of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract b. Trainees: or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon (1) Except as provided in 29 CFR 5.16. trainees will not prevailing wage requirements which is held by the same prime be permitted to work at less than the predetermined rate for the contractor, as much of the accrued payments or advances as may work performed unless they are employed pursuant to and be considered necessary to pay laborers and mechanics, including individually registered in a program which has received prior apprentices, trainees. and helpers, employed by the contractor or approval, evidenced by formal certification by the DOL, Employ- any subcontractor the full amount of wages required by the ment and Training Administration. contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working (2) The ratio of trainees to journeyman-level employees on the site of the work, all or part of the wages required by the on the job site shall not be greater than permitted under the plan contract,the SI-IA contracting officer may,after written notice to the approved by the Employment and Training Administration. Any contractor, take such action as may be necessary to cause the employee listed on the payroll at a trainee rate who is not regis- suspension of any further payment,advance.or guarantee of funds tered and participating in a training plan approved by the Employ- until such violations have ceased. ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- 7. Overtime Requirements: tion of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the No contractor or subcontractor contracting for any part of registered program shall be paid not less than the applicable wage the contract work which may require or involve the employment of rate on the wage determination for the work actually performed. laborers, mechanics,watchmen, or guards(including apprentices, trainees, and helpers described in paragraphs 4 and 5 above)shall (3) Every trainee must be paid at not less than the rate require or permit any laborer,mechanic.watchman,or guard in any specified in the approved program for his/her level of progress, workweek in which he/she is employed on such work, to work in expressed as a percentage of the journeyman-level hourly rate - excess of 40 hours in such workweek unless such laborer.mechan- specified in the applicable wage determination. .Trainees shall be ic. watchman, or guard receives compensation at a rate not less paid fringe benefits in accordance with the provisions of the trainee than one-and-one-half times his/her basic rate of pay for all hours program. If the trainee program does not mention fringe benefits, worked in excess of 40 hours in such workweek: trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour 8. Violation: Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on Liability for Unpaid Wages;Liquidated Damages: In the event the wage determination which provides for less'than full fringe of any violation of the clause set forth in paragraph 7 above, the benefits for apprentices, in which case such trainees shall receive contractor and any subcontractor responsible thereof shall be liable the same fringe benefits as apprentices.- : ,, • to the affected employee for his/her unpaid wages. In addition, such contractor and-subcontractor shall be liable to the 'United • (4) In the event the Employment and Training Adminis- States (in the case of work done under contract for the District of tration withdraws approval of a training program,the contractor or Columbia or a territory, to such District or to such territory) for subcontractor will no longer be permitted to utilize-trainees at less liquidated damages. Such liquidated damages shall be computed than the applicable predetermined rate for the work performed until with respect to each individual laborer, mechanic, watchman, or an acceptable program is approved. guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day on which such employee c. Helpers: was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required Helpers will be permitted to work on a project if the helper by the clause set forth in paragraph 7. classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance proce- dure set forth in Section IV.2. Any worker listed on a payroll at a Page 5 Form 1273—March 10, 1994 LPl'9:-07 Exhibit A REENGINEERING. Attachment 7. PS&E Page 6 9. Withholding for Unpaid Wages and Liquidated Damages: This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased The SHA shall upon its own action or upon written request of any from the Supenntendent of Documents(Federal stock number 029- authorized ..� representative of the DOL withhold, or cause to be 005-0014-1), U.S. Government Pnnting Office, Washington. D.C. �. withheld, from any monies payable on account of work performed 20402. The prime contractor is responsible for the submission of by the contractor or subcontractor under any such contract or any copies of payrolls by all subcontractors. other Federal contract with the same pnme contractor,or any other Federally-assisted contract subject to the Contract Work Hours and d. Each payroll submitted shall be accompanied by a Safety Standards Act,which is held by the same prime contractor, "Statement of Compliance," signed by the contractor or subcon- such sums as may be determined to be necessary to satisfy any tractor or his/her agent who pays or supervises the payment of the liabilities of such contractor or subcontractor for unpaid wages and •persons employed under the contract and shall certify the following: liquidated damages as provided in the clause set forth in paragraph 8 above. (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this V. STATEMENTS AND PAYROLLS Section V and that such information is correct and complete; (Applicable to all Federal-aid construction contracts exceeding (2)that such laborer or mechanic(including each helper, $2,000 and to all related subcontracts, except for projects located apprentice, and trainee) employed on the contract.during the on roadways classified as local roads or rural collector's, which are payroll period has been paid the full weekly wages earned,without exempt.) rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, 1. Compliance with Copeland Regulations (29 CFR 3): other than permissible deductions as set forth in the Regulations. 29 CFR 3; The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. (3)that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent 2. Payrolls and Payroll Records: for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the e. The weekly submission of a properly executed certification course of the work and preserved for a period of 3 years from the set forth on the reverse side of Optional Form WH-347 shall satisfy date of completion of the contract for all laborers, mechanics, the requirement for submission of the "Statement of Compliance" apprentices, trainees, watchmen, helpers, and guards working at required by paragraph 2d of this Section V. the site of the work. f. The falsification of any of the above certifications may b. The payroll records shall contain the name, social subject the contractor to civil or criminal prosecution under 18 security number, and address of each such employee; his or her U.S.C. 1001 and 31 U.S.C. 231. correct classification; hourty rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or g. The contractor or subcontractor shall make the records cash equivalent thereof the types described in Section 1(b)(2)(B)of required under paragraph 2b of this Section V available for inspec- the Davis Bacon Act); daily and weekly number of hours worked; tion, copying, or transcription by authorized representatives of the deductions made;and actual wages paid. In addition,for Appala- SHA,the FHWA,or the DOL.and shall permit such representatives chian contracts,the payroll records shall contain a notation indicat- to interview employees during working hours on the job. If the ing whether the employee does,or does not,normally reside in the contractor or subcontractor fails to submit the required records or labor area as defined in Attachment A,paragraph 1. Whenever the to make them available, the SHA,the FHWA.the DOL,or all may, Secretary of Labor, pursuant to Section.IV, paragraph 3b, has after written notice to the contractor, sponsor, applicant, or owner. found that the wages of any laborer or mechanic include the take such actions as may be necessary to cause the suspension of amount of any costs-reasonably anticipated in providing benefits any further payment,advance,or guarantee of funds. Furthermore, under a plan or program described in Section 1(b)(2)(B) of the failure to submit the required records upon request or to make such Davis Bacon Act, the contractor and each subcontractor shall records available may be grounds for debarment action pursuant maintain records which show that the commitment to provide such to 29 CFR 5.12. . benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in VL RECORD OF MATERIALS, SUPPLIES,AND LABOR writing.to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in, providing benefits. 1. On all Federal-aid contracts on the National Highway System, Contractors or subcontractors employing apprentices or trainees except those which provide solely for the installation of protective • under approved programs shall maintain written evidence of the devices at railroad grade crossings,those which are constructed on registration of apprentices and trainees,and ratios and wage rates a force account or direct tabor basis, highway beautification prescribed in the applicable programs. • contracts, and contracts for which the total final construction cost for roadway and bridge is less than$1,000,000 (23 CFR 635)the c. Each contractor and subcontractor shall furnish, each contractor shall: week in which any contract work is performed,to the SHA resident engineer a payroll of wages paid each of its employees(including a. Become familiar with the list of specific materials and apprentices, trainees, and helpers, described in Section IV, para- supplies contained in Form FHWA-47,"Statement of Materials and graphs 4 and 5, and watchmen and guards engaged on work Labor Used by Contractor of Highway Construction Involving during the preceding weekly payroll period). The payroll submitted Federal Funds," prior to the commencement of work under this shall set out accurately and completely all of the information contract. required to be maintained under paragraph 2b of this Section V. • Page 6 Form 1273—March 10, 1994 LExhihii A PP uS-07 REENGINEERING. Attachment 7. PS&E Page 7 b. Maintain a record of the total cost of all materials and all safeguards, safety devices and protective equipment and take supplies purchased for and incorporated in the work, and also of any other needed actions as it determines, or as the SHA contract- the quantities of those specific materials and supplies listed on ing officer may determine, to be reasonably necessary to protect Form FHWA-47, and in the units shown on Form FHWA-47. the life and health of employees on the fob and the safety of the public and to protect property in connection with the performance c. Furnish, upon the completion of the contract,to the SHA of the work covered by the contract. resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final 2. It is a condition of this contract, and shall be made a condition labor summary of all contract work indicating the total hours worked of each subcontract, which the contractor enters into pursuant to and the total amount earned. this contract. that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in 2. At the prime contractor's option, either a single report surroundings or under conditions which are unsanitary, hazardous covering all contract work or separate reports for the contractor and or dangerous to his/her health.or safety, as determined under for each subcontract shall be submitted. construction safety and hearth standards(29 CFR 1926)promulgat- ed by the Secretary of Labor,in accordance with Section 107 of the ViI. SUBLETTING OR ASSIGNING THE CONTRACT Contract Work Hours and Safety Standards Act(40 U.S.C. 333). 1. The contractor shall perform with its own organization contract 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract work amounting to not less than 30 percent(or a greater percent- that the Secretary of Labor or authorized representative thereof, age if specified elsewhere in the contract) of the total original shall have right of entry to any site of contract performance to contract price, excluding any specialty items designated by the inspector investigate the matter of compliance with the construction State. Specialty items may be performed by subcontract and the safety and health standards and to carry out the duties of the amount of any such specialty items performed may be deducted Secretary under Section 107 of the Contract Work Hours and from the total original contract price before computing the amount Safety Standards Act(40 U.S.C. 333). of work required to be performed by the contractor's own organiza- tion (23 CFR 635). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS a. "Its own organization"shall be construed to include only In order to assure high quality and durable construction in workers employed and paid directly by the prime contractor and conformity with approved plans and specifications and a high equipment owned or rented by the prime contractor,with or without degree of reliability on statements and representations made by operators. Such term does not include employees or equipment of engineers, contractors, suppliers, and workers on Federal-aid a subcontractor, assignee, or agent of the prime contractor. highway projects, it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly b. "Specialty Items"shall be construed to be limited to work as possible.Willful falsification, distortion,ormisrepresentation with that requires highly specialized knowledge, abilities, or equipment respect to any facts related to the project is a violation of Federal not ordinarily available in the type of contracting organizations law. To prevent any misunderstanding regarding the seriousness qualified and expected to bid on the contract as a whole and in of these and similar acts, the following notice shall be posted on general are to be limited to minor components of the overall each Federal-aid highway project (23 CFR 635) in one or more contract. places where it is readily available to all persons concerned with the project: 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID material and manufactured products which are to be purchased or HIGHWAY PROJECTS produced by the contractor under the contract provisions. 18 U.S.C. 1020 reads as follows: 3. The contractor shall furnish (a)a competent superintendent or supervisor who is employed by the firm, has full authority to 'Whoever, being an officer, agent, or employee of the United direct performance of the work in accordance with the contract States, or of any.State or Territory, or whoever, whether eperson, requirements, and is in charge of all construction operations association, firm, or corporation, knowingly makes any false (regardless of who performs the work)and(b)such other of its own statement, false representation, or false report as to the character, organizational resources(supervision,management,and engineer- quality, quantity, or cost of the material used or to be used or the ing services)as the SHA contracting officer determines is neces- quantity or quality of the work performed orb be performed, or the sary to assure the performance of the contract. cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway 4. No portion of the contract shall be sublet, assigned or or related project submitted for approval to the Secretary of otherwise disposed of except with the written consent of the SHA Transportation; or contracting officer, or authorized representative. and such consent when given shall not be construed to relieve the contractor of any Whoever knowingly makes any false statement, false represen- responsibility for the fulfillment of the contract Written consent will talion, false report or false claim with respect to the character, be given only after the SHA has assured that each subcontract is quality, quantity,or cost of any work performed or to be performed, evidenced in writing and that it contains all pertinent provisions and or materials furnished or to be furnished, in connection with the .requirements of the prime contract. construction of any highway or ri3lated project approved by the Secretary of Transportation; or VIII. SAFETY: ACCIDENT PREVENTION Whoever knowingly makes any false statement or false repre- 1. In the performance of this contract the contractor shall comply sentation as to material fact in any statement, certificate, or report with all applicable Federal, State, and local laws governing safety, submitted pursuant to provisions of the Federal-aid Roads Act hearth, and sanitation (23 CFR 635). The contractor shall provide approved July 1, 1916, (39 Stat. 355), as amended and supple- Page 7 Form 1273--March 10, 1994 LPP PS-07 Exhibit A REENGINEERING. Attachment 7. PS&E. Page 8 mooted; rendered an erroneous certification, in addition to other remedies available to the Federal Government. the department or agency Shell be fined not more that 310,000 or imprisoned not more may terminate this transaction for cause of default. than 5 years or both.' d. The prospective primary participant shall provide immedi- X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL ate written notice to the department or agency to whom this WATER POLLUTION CONTROL ACT proposal is submitted If any time the prospective primary participant learns that its certification was erroneous when submitted or has (Applicable to all Federal-aid construction contracts and to all become erroneous by reason of changed circumstances. related subcontracts of$100,000 or more.) . e.The terms"covered transaction,""debarred,""suspended," By submission of this bid or the execution of this contract, or "ineligible,"lower tier covered transaction,""participant,""person," subcontract, as appropriate, the bidder, Federal-aid construction "primary covered transaction," "principal," "proposal," and"volun- contractor,or subcontractor,as appropriate,will be deemed to have tarify excluded,"as used in this clause. have the meanings set out stipulated as follows: in the Definitions and Coverage sections of,rules implementing Executive Order 12549. You may contact the department or 1. That any facility that is or will be utilized in the performance of agency to .which this proposal is submitted for assistance in this contract, unless such contract is exempt under the Clean Air obtaining a copy of those regulations. Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as f. The prospective primary participant agrees by submitting amended(33 U.S.C. 1251 et seq.,as amended by Pub.L. 92-500), this proposal that, should the proposed covered transaction be Executive Order 11738,and regulations in implementation thereof entered into,it shall not knowingly enter into any lower tier covered (40 CFR 15) is not listed, on the date of contract award, on the transaction with a person who is debarred, suspended, declared U.S. Environmental Protection Agency (EPA) List of Violating ineligible, or voluntarily excluded from participation in this covered Facilities pursuant to 40 CFR 15.20. transaction, unless authorized by the department or agency entering into this transaction. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section g. The prospective primary participant further agrees by 308 of the Federal Water Pollution Control Act and all regulations submitting this proposal that it will include the clause titled "Certifi • - and guidelines listed thereunder. cation Regarding Debarment,Suspension.Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction.' provided by the 3. That the firm shall promptly notify the SHA of the receipt of any department or agency entering into this covered transaction.without communication from the Director, Office of Federal Activities, EPA, modification, in all lower tier covered transactions and in all indicating that a facility that is or will be utilized for the contract is solicitations for lower tier covered transactions. under consideration to be listed on the EPA List of Violating Facilities. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 4. That the firm agrees to include or cause to be included the transaction that is not debarred,suspended,ineligible, orvoluntarity requirements of paragraph 1 through 4 of this Section X in every excluded from the covered transaction, unless it knows that the nonexempt subcontract, and further agrees to take such action as certification is erroneous. Aparticipant may decide the method and the government may direct as a means of enforcing such require- frequency by which it determines the eligibility of its principals. ments. Each participant may,but is not required to,check the nonprocure- ment portion of the 'Lists of Parties Excluded From Federal Xl. CERTIFICATION REGARDING:DEBARMENT,SUSPENSION, Procurement or Nonprocurement Programs"(Nonprocurement List) INELIGIBILITY AND VOLUNTARY EXCLUSION which is compiled by the General Services Administration. 1. Instructions for Certification -Primary Covered Transac- i. Nothing contained in the foregoing shall be construed to tions: require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge (Applicable to all Federal-aid contracts -49 CFR 29) and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course a. Bysigning and submitting this proposal, the prospective of business dealings. r9 9 9 .�, P P P Pe 9 primary participant is:Providing the ceitification set out below. j. Except for transactions authorized under paragraph f of b. The inability of a person toprovtde the certification set out these instructions, if,a participant in a covered transaction knowing- below will not necessarily result in denial of participation in this ly enters into a tower tier covered transaction with a person who is covered transaction. The prospective participant shall submit an suspended, debarred, .ineligible,, or voluntarily excluded from explanation of why it cannot provide the certification set out below. participation in this transaction, in addition to other remedies The certification or explanation will be considered in connection available to the Federal Government, the department or agency with the department or agency's determination whether to enter into may terminate this transaction for cause or default this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. ff it is later determined that the prospective primary participant knowingly • Page 8 Form 1273—March 10, 1994 LPI'9S-O7 Exhibit A REENGINEERING, Attachment 7. PS&E Pane Q e. The prospective lower tier participant agrees by submitting this proposal that. should the proposed covered transaction be Certification Regarding Debarment, Suspension, Ineligibility entered into, it shall not knowingly enter into any lower tier covered and Voluntary Exclusion—Primary Covered Transactions transaction with a person who is debarred, suspended. declared ineligible, or voluntarily excluded from participation in this covered 1. The prospective primary participant certifies to the best of its transaction, unless authorized by the department or agency with knowledge and belief, that it and its principals: which this transaction originated. a. Are not presently debarred, suspended, proposed for f. The prospective lower tier participant further agrees by debarment,declared ineligible, orvoluntarily excluded from covered submitting this proposal that it will include this clause titled transactions by any Federal department or agency; "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion-Lower. Tier Covered Transaction," without b. Have not within a 3-year period preceding this proposal modification, in all lower tier covered transactions and in all been convicted of or had a civil judgement rendered against them solicitations for lower tier covered.transactions, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, g. A participant in a covered transaction may rely upon a State or local) transaction or contract under a public transaction; certification of a prospective participant in a lower tier covered violation of Federal or State antitrust statutes or commission of transaction that is not debarred.suspended,ineligible, or voluntarily embezzlement,theft, forgery, bribery,falsification or destruction of excluded from the covered transaction, unless it knows that the records, making false statements, or receiving stolen property; certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. c. Are not presently indicted for or otherwise criminally or Each participant may,but is not required to,check the Nonprocure- civilly charged by a governmental entity (Federal, State or local) ment List. with commission of any of the offenses enumerated in paragraph lb of this certification; and h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in d. Have not within a 3-year period preceding this applica- good faith the certification required by this clause. The knowledge tion/proposal had one or more public transactions (Federal. State and information of participant is not required to exceed that which or local) terminated for cause or default. is normally possessed by a prudent person in the ordinary course of business dealings. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective i. Except for transactions authorized under paragraph e of participant shall attach an explanation to this proposal. these instructions, if a participant in a covered transaction knowing- ly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency 2. Instructions for Certification - Lower Tier Covered with which this transaction originated may pursue available Transactions: rernedies, including suspension and/or debarment. (Applicable to all subcontracts, purchase orders and other lower tier transactions of 525,000 or more -49 CFR 29) a. By signing and submitting this proposal, the prospective Certification Regarding Debarment, Suspension, Ineligibility lower tier is providing the certification set out below. and Voluntary Exclusion-Lower Tier Covered Transactions: b. The certification in this clause is a material representation 1. The prospective lower tier participant certifies, by submission of fact upon which reliance was placed when this transaction was of this proposal, that neither it nor its principals is presently entered into. If it is later determined that the prospective lower tier debarred,suspended,proposed fordebarment,declared ineiigible, participant knowingly rendered an erroneous certification, in or voluntarily excluded from participation in this transaction by any addition to other remedies available to the Federal Government,the Federal department or agency. department, or agency with which this transaction originated may pursue available remedies,including suspension and/ordebarment. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective c. The prospective lower tier participant shall provide participant shall attach an explanation to this proposal. immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circum- stances. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING d.The terms"covered transaction,""debarred,""suspended," "ineligible," "primary covered transaction." "participant," `person." (Applicable to all Federal-aid construction contracts and to all "principal." "proposal," and "voluntarily excluded," as used in this related subcontracts which exceed 5100,000 -49 CFR 20) clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may 1.The prospective participant certifies, by signing and submitting contact the person to which this proposal is submitted for assis- this bid or proposal, to the best of his or her knowledge and belief, tante in obtaining a copy of those regulations. that: Form 1273—March 10, 1994 Page 9 LP!'V5-0- REENGINEERING. Attachment T. PS&E Parc )l) a. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned.to any person for influenc- ing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Con- gress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment,or modification of any Federal contract,grant.loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form • to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making orentering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed S100,000 and that all such recipients shall certify and disclose accordingly. • Page 10 Form 1273—March 10, 1994 LPP 95-07 Exhibit A REENGINEERING. Attachment 7. PS&E Page 1 I ATTACHMENT A - EMPLOYMENT PREFERENCE FOR (c) the date on which he estimates such employees will be APPALACHIAN CONTRACTS required. and (d) any other pertinent information required by the (Applicable to Appalachian contracts only.) State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing 1. During the performance of this contract, the contractor or by telephone. If during the course of the contract work, the undertaking to do work which is, or reasonably may be, done as information submitted by the contractor in the original job order is on-site work, shall give preference to qualified persons who substantially modified, he shall promptly notify the State Employ- regularly reside in the labor area as designated by the DOL ment Service. wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is 3. The contractor shall give full consideration to all qualified job situated, except: applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants a. To the extent that qualified persons regularly residing in who,in his opinion, are not qualified to perform the classification of the area are not available. work required. b. For the reasonable needs of the contractor to employ 4. If, within 1 week following the placing of a job order by the supervisory orspecially experienced personnel necessary to assure contractor with the State Employment Service, the State Employ- an efficient execution of the contract work. ment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employ- c. For the obligation of the contractor to offer employment ment Service will forward a certificate to the contractor indicating to present or former employees as the result of a lawful collective the unavailability of applicants. Such certificate shall be made a bargaining contract, provided that the number of nonresident part of the contractor's permanent project records. Upon receipt of persons employed under this subparagraph 1c shall not exceed 20 this certificate, the contractor may employ persons who do not percent of the total number of employees employed by the normally reside in the labor area to fill positions covered by the contractor on the contract work, except as provided in subpara- certificate, notwithstanding the provisions of subparagraph 1c graph 4 below. above. 2. The contractor shall place a job order with the State Employ- 5. The contractor shall include the provisions of Sections 1 ment Service indicating (a) the classifications of the laborers, through 4 of this Attachment A in every subcontract for work which mechanics and other employees required to perform the contract is, or reasonably may be, done as on-site work. work, (b)the number of employees required in each classification, Form 1273—March 10, 1994 Page 11 I.I'1' 95-07 Exhibit 11 REENGINEERING, Attachment 7. PS&I: Page 1 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The bidder, under penalty of perjury, certifies that.except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, hut will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this certification. • 1.I'I' 95-07 Exhibit C REENGINEERING, Attachment 7. I'S&1, Page 1 Certification for Federal Aid Contracts The prospective participant certifies. by signing and submitting this hid or proposal, to the best of his or her knowledge and belief, that. (1) No Federal appropriated funds have been paid or will he paid.hy.or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL*, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her hid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. * Standard Form LLL may be obtained from Caltrans or Fl IWA offices . 1,1'1' 95-07 Exhibit C REEN(:iNECRIN(:, Attachment 7. I'S&E Page 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether suhawardec or prime Federal recipient.at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budgetfor additional infonnation. • 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. • 3. Identify the appropriate classification of this report. If this is a followup report caused by amatcrial change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expcct_s to be a prime or subaward recipient. Identify the tier of the suhawardcc, e.g.,the first suhawardee of the prime is the first tier. Suhawards include but arc not limited to subcontracts.suhgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Suhawardee" then enter the full name,address,city,state and zip code of the prime Federal recipient_ Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP)number, Invitation for Bid (1FB) number, grant announcement number, the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RTP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name, address, city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report; enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s)of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget.Paperwork Reduction Project (0348-0046).Washington. D.C.20503. - sF-LLL-Instrucuons Rev. 06.04-90 LIT 95-07 Exhibit I) REi:N(;iNEERIN(;, Attachment 7. i'S&l: Page 1 To the State of California, Department of Transportation NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the hid is not made in the interest of or on behalf of, any undisclosed person, partnership,company, association, organization, or corporation; that the hid 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 hid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham hid, 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 hid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the hid 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 hid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her hid 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, hid depository, or to any member or agent thereof to effectuate a collusive or sham hid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of the Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. • ; r O; . • .Vj i . • i .. F ► * : Ggneral Disadvantaged Business Enterprises (DBE) This project is subject to Title 49 Part 23 Code of Federal Regulation8 (40CFR23) entitled "Participation by Minority Business Enterprise in Department of Transportation Programs" . Portions of the regulations are set forth in Section 14 , Federal Requirements: for Federal-Aid Construction Projects of these special provisions. The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed regarding the requirements of the Regulations and (City's, County's or Authority's) , hereinafter referred to as Agency's, DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM developed .pursuant to the Regulations . Particular attention is directed to the following: (a) A DBE must be a small business concern as defined pursuant t'p Section 3 of U. S. Small Business Act and relevant regulations promulgated pursuant thereto. (b) A DEE bidder, not bidding as a joint venture with a DBE, will be required to meet the DBE goal through subcontracting or material purchases or make good faith effort to do so. (c) A DEE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies. (d) A DBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. The DBE joint venturer must submit either Schedule B of the Regulations or California Department of Transportation Form, "Minority/Disadvantaged/Woman Business Enterprise Joint Venture" . (e) A DBE must perform a commercially useful function, i . e. , must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. (f) Credit for 0 DEE vendor or materials or supplies is limited to fo percent of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods. 1 FEDER L FVVIREMLNTS F'Q.B Dx5A'V& T: . t : ' • . (g) Credit for trucking by DBEs will be as follows: (1) The amount •to be paid when a DBE trucker will perform the trucking with his/her own trucks, tractors and employees . (2) One hundred percent of trucking costs will be allowed for all trucking acquired through certified DBE Trucking brokers. (h) A DBE must be a certified DBE on the date bids for the project are opened before credit may be allowed toward the DBE goal . The Department's DBE Directory identifies DBEs which have been certified. Others may also qualify for certification but must be certified before bid opening. The DBE directory may be obtained from the Department of Transportation, Plans and Bid Documents, Room 39, Transportation Building, 1120 N Street, P.O. Box 942874 , Sacramento, California 94274-0001, Telephone: (916) 445-325, or from the offices of the Department of Transportatiion at Los Angeles, San Francisco, and the District in which the work is situated. ( i) Noncompliance by the Contractor with the requiremente of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach. • (j ) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. DBE GOAL FOR THIS PROJECT. -- The Agency has established the following goal for 'DISADVANTAGED BUSINESS ENTERPRISES (DBE) participation for this project: DBS GOAL 13 % (percent) It is the bidders responsibility to make a sufficient portion of the work available to sub-contractors and suppliers and to select those portions of the •%work or material needs consistent with the available DBE sub-contractors and suppliers so as to assure meeting the goal for DBE participation. The State has contracted with the following organization to assist DBE's in preparing bids for subcontracting or supplying materials and to assist bidders in contacting interested DBE's -- Triaxial Management Services 2120 San Diego Avenue Ste. 102 San Diego. CA 92110 Phone - (619) 543-5109 Fax - (619) 543-5108 2 r EDERATL REQUIREMIITS FOR DISADVAN'T'AGED BUSINESS $NTERPRISEa 5ubmi.ssion of DBE Iprormation and Award of Contract General. -- The bidder' s attention is directed to these Special Provisions for the requirements and conditions concerning submittal of DBE information and award of contract . It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, rriq- t4 bidding, the bidder made good l_oit efforts to do so, as outlined elsewhere in these special provisions . DBE Information. -- The BIDDER DBE INFORMATION FORM is included in the Bid Proposal and should be completed by the bidder and submitted with the bid. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder) , the second low bidder, and the third low bidder shall submit DBE information to the Agency so the information is received by the Agency no later than close of business on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by certified mail and postmarked on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after said fourth day following bid opening. Failure to submit the required DBE information by the tine specified will be grounds for finding the bid or proposal non-responsive. Other bidders need not submit DBE information unless requested to do so by the Agency. When such request is made, the! DBE information of such bidders shall be submitted so the information is received by the Agency no later than close of business on the third day, not including Saturdays, Sundays and legal holidays, after said notification, unless a later time is authorized by the Agency. The bidders DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. Bidders are cautioned 'that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the Agency, in its review, finds that the goal has not been met. The information to show, that the DBE goal will be met shall include the names of DBEs to be used, with a complete description of work or supplies to be provided by each and the dollar value of each such DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of said work to be performed or furnished‘ by the DBE shall be included in the DBE information, including the planned location of said work . 3 FEDERAL REQUI_BEMENTS JOR Dj5Agvp13TAGED D R' t (Note: DBE subcontractors to ,whom the bidder proposes to subcontract portions' of the work in an amount in excess of 1/2 of one percent of his total bid or $10, 000, whichever is greater, must have been named in the bid - See section entitled "Subcontracting and DBE Records" of these special provisions) . The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: (1) The names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in which a request for DBE participation for this project was placed by the bidder. (2) The names and dates of notices of all certified DBEs solicited key direct mail for this project and the dates and methods) used for following up initial solicitations to determine with certainty whether the DBEs were interested. (3) The items of work for which the bidder requested sub- bids or materials to be supplied by DBEs, the information furnished interested DBEs in the way of plans, specifications and requirements for the work, and any break down pf items of work into economically feasible units to facilitate DBE participation. Where there are DBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be exPected to make portions of such work available for DBEs to bid on. (4) The names of. DBEs who submitted bids for any of the work indicated int (3) above which were not accepted, a summary of the bidder 's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder' slchoice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and the price bid by the selected subcontractor or supplier. Since the utilization of available DBEs is expected, only significant price differences will ba considered as cause for rejecting such DBE bids. (5) Assistance that the bidder has extended to DBEs identified in (4) above to remedy the deficiency in their sub-bids . • (6) Any additional data to support a demonstration of good faith effort, such as contacts with DBE assistance agencies. 4 F'ED RAU EEQUjREME "'S FQF D -U _ S ' 3 . Award of Contract. -- The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Agency, good faith, effort to do so. Meeting the goal for DBE participation or detonstrating, to the satisfaction of the Agency, good faith efforts to do so is a condition for being eligible for award of contract. • • tn. . •F DZ . •N Log L . A+ l Ul'PLIEBS: -- DBEs listed by the Contractor in response to the requirements in the section of these special provisions entitled "Submission of DBE Information, Award, And Execution of Contract", which are determined by the Agency to be certified DBEs, shall perform the work and supply the materials for which; they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: (1) The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions,; plans and specifications for the project, or on the terms of such subcontractor ' s or supplier's written bid, is presented by the Contractor. (2) The listed DBE becomes bankrupt or insolvent. (3) The listed DBE fails or refuses to perform his subcontract or furnish the listed materials . (4) The Contractor stipulated that a bond was condition of executing a ;subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the Agency. 5 FED . • • • • 'E. N C. D ; eV:. ;G • . '". $RISES In accordance with the Federal DBE regulations Title 49 CFR Part 23 , Section 23. 45 (f) (2) : (1) The Agency shall approve all substitution of DBE subcontractors; and (2) If a OBE subcontractor is unable to perform successfully and is to be replaced, the prime contractor shall make good faith efforts to replace the DBE subcontractor with another DBE subcontractor. :.• •J! • : ! . .. • BESNTITLED TO MY_PAYMENT FOR S W 11 O, r.• ; A. : '• .r • • : • . • . • • ; U • • s ; • : ._ • * . • .•• • : ' : v. , CQNTRACTQRILKV21 NAVE, PE • : .t.• ; l! H• •s • NE AGENSY. Si4 contt•act g and DBE RecOr s Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work tn an amount in excess of 1J2 of one percent of his total bid or $10, 000, whichever is greater, in accordance with the ,Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public contract Code. The bidder ' s attention i$ invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions . A sheet for listing the subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that this listing requirement is in addition to the requirement to ;provide a list of DBE subcontractors at the opening of the proposals,. DBE Records. -- The ' contractor shall retain records of all subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Each record shall identify the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor with supporting documentation. Upon completion of the, contract, rjarmjiLLUIEL7A.arg2.4_9.=U shall be prepared and signed by the contractor or his authorized representative and submitted to the Agency. The Agency shall certify it complete and correct before releasing the retention. 6 BIDDER DRE INFORMATION o :e Complete. by Agency Age ncy: Citi of San Juan Capistrano Bidder: a Federal Project #: STPL-5372 (0u) Address:___________ Project DeAcrtption: Rehabilitation of Del Obispo St. . La Paz to Alipaz Person completing this Fora Assigned DEE Coal: 13 % Name: --- - Phone #: (_ _) -- Dollar Value of Nae of Caltrans Certified DBE Decription of Work Contract Iters # Subcontract DBE Amount $ - THIS FORM MUST BE USED TO PROVIDE REQUIRED DBE INFORMATION Bid Amount $ EXHIBIT 4-341 1986-4 GOOD FAITS EPFOAT STATEMENT OF DS/ME PAATICI?ATION Pedoral-Aid Project No. _ _ Bid Opening Date Pype of :fork rhe _ established a Disadvantaged Loca Ag• cy :lusiness Enterprise on) goal of _i.e and a Wamen's fusiaesa • ;lnterprise (WBC) goal of 8 for this project. The Con- ':ractor ham committede got of t OS and a goal of �0 AZ, necessitating a goada ri faith of cetatement in accordan Frith 49 CFA 23.45. Our project files show that such a good faith effort was made. The fallowing is a summary of that . (kontation: (1) Attendance at; - or request for any pre-solicitation or pro-bid meetings; (2) Advertising is appropriate publications subcontracting opportuniti s i ('tarn and date of publications) • # 4 ;g (3) Providing written notice to a reasonable number of OS!(s) and ME(s) seeking their interest in subcontracting opportunities being made available by the Contractor: (Sample letter attached) (4) Following up of. initial, solicitations of interest: (Names, type, iesult. ) EXHIBIT 4-3b 1986-4 ( 5) Selecting par ions of the work to be performed by 08(s) and WBE(s) : (Include $ value) • (6) Providing interested D8(s) and Mtn) with adequate information: (7) Negotiating rood faith with interested DB(s) and WI(* : (S value of pe/ w Bids and one taken) (8) Making effora to aesist interested DBE(s) and WBE(a) in obtaining boding, lines of credit, or insurance; and • (4) Effectively Ising the services of available minority community organisations, minority contractors' groups, local, State, and Federal Minority Business Assistance in the recrt4tment and placement of OS(s) and WU(s) : (Name, date of contact, information provided) Signature, DS/WEE Liaison Officer.