HomeMy WebLinkAboutP-21-208 Agreement Peterson Rd.pdf Agreement for Emergency Roadway Repairs to Peterson Road
Table of Contents
Agreement
Appendix A to Agreement— Supplemental Emergency Work Provisions
General Provisions
Special Provisions
Proposal
Proposal Attachments:
1. Bid Signature
2. Noncollusion Declaration
3. Public Contract Code Section 10285.1 Statement
4. Public Contract Code 10232 Statement
5. Certification With Regard To The Performance Of Previous Contracts Or Subcontracts
Subject To The Equal Opportunity Clause And The Filing Of Required Reports
6. Debarment And Suspension Certification
7. Nonlobbying Certification For Federal-Aid Contracts
8. Disclosure of Lobbying Activities
9. Guaranty
Federal Wage Decision
Incorporated Herein by Reference:
1. Plans for Construction Entitled "Peterson Road Repairs and Improvements," Prepared
by Blair, Church and Flynn.
2. Standard Specifications: 2018 Edition Issued by Caltrans
3. Standard Plans: 2018 Edition Issued by Caltrans
4. Revised 2018 Standard Specifications Dated April 16, 2021
5. Revised 2018 Standard Plans Dated April 16, 2021
AGREEMENT
THIS AGREEMENT is made at Fresno, in Fresno County, California, by and between B&B
Construction Services, a California corporation, hereinafter called the Contractor, and the County
of Fresno hereinafter called the Owner.
WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named,
agree as follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements,
and appliances required, but excluding such materials as are mentioned in the specifications to
be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free
from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans,
machinists, and laborers required for:
EMERGENCY ROADWAY REPAIRS ON PETERSON ROAD
All in strict compliance with the plans, drawings and specifications therefor prepared by the
Owner, and other contract documents relating thereto.
ARTICLE II. The Contractor and the Owner agree that the General Provisions, the 2018 Caltrans
State Standard Specifications, the Special Provisions, the Wage Scale (Prevailing Wages), the
Plans, and the Contractor's Proposal (including the fully executed documents and forms affixed
theretoas Attachments 1 through 9 inclusive) hereto attached, together with this Agreement
(including the provisions of Appendix A entitled "Supplemental Emergency Work Provisions"),
also hereto attached, collectively form and comprise the contract for construction of the project
identified above, and all of such documents referenced in this Article II are as fully a part of the
contract as if hereto attached or herein repeated.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the
contract the sum of FOUR HUNDRED AND THIRTY-SIX THOUSAND, FOUR HUNDRED
NINETY DOLLARS AND 20/100 ($436,490.20) it being understood that said price is based upon
the estimated quantities of materials to be used as set forth in the Proposal, except where
provisions are made in the contract documents whereby the estimated quantities shall constitute
the final quantity; that uponcompletion of the project the final contract prices shall be revised by
change order, if necessary,to reflect the true quantities used at the stated unit price thereof as
contained in the Contractor's Proposal hereto attached. Payments on account thereof will be made
as set forth in the Special Provisions.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on account of his
insolvency, or if he or any of his subcontractors should persistently violate any of the provisions
of the contract, or if he should persistently or repeatedly refuse or should fail, except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper
materials, or if he should fail to make prompt payment to subcontractors or for material or labor,
or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner
may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve
written notice upon the Contractor and his surety of its intention to terminate the contract, and
unless within five days after the serving of such notice, such violations shall cease and satisfactory
arrangements for correction thereof be made, the contract shall, upon the expiration of said five
days, cease and terminate.
In the event of any such termination, the Owner shall immediately serve written notice thereof
upon the surety and the Contractor, and the surety shall have the right to take over and perform
the contract, provided, however, that if the surety within ten (10) days after the serving upon it of
notice of termination does not give the Owner written notice of its intention to take over and
perform the contract or does not commence performance thereof within the ten (10) days stated
above from the date of the serving of such notice, the Owner may take over the work and
prosecute the same to completion by contract or by any other method it may deem advisable, for
the account and at the expense of the Contractor, and the Contractor and his surety shall be liable
to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner
may without liability for so doing, take possession of and utilize in completing the work such
materials, appliances, plant and other property belonging to the Contractor as may be on the site
of the work and necessary therefor. In such case the Contractor shall not be entitled to receive
any further payment until the work is finished. If the unpaid balance of the contract price shall
exceed the expenses of finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If such expense shall exceed
such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred
by the Owner, as herein provided and damage incurred through the Contractor's default, shall be
certified by the Engineer.
ARTICLE V. With respect to any work required to be done under this contract, the Contractor will
indemnify and hold harmless the COUNTY OF FRESNO, STATE OF CALIFORNIA, UNITED
STATES OF AMERICA, and all other participating public agencies, whether or not said agencies
are named herein, who have jurisdiction within the areas in which the work is to be performed,
and all officers and employees of the Owner, the County, the State, the United States and said
other participating agencies, from any and all costs and expenses, attorney fees and court costs,
damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the
performance, or failure to perform, by CONTRACTOR, its officers, agents or employees under
this Agreement, and from any and all costs and expenses, attorney fees and court costs,
damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation
who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its
officers, agents or employees under this Agreement. In addition, CONTRACTOR agrees to
indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from
non-compliance herein on the part of CONTRACTOR.
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to COUNTY in connection with the
performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees under
this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses
occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under
this Agreement.
The Certificate of Insurance shall be issued in duplicate, to the COUNTY OF FRESNO and, upon
request by the Owner, to all other participating agencies, whether or not said agencies are named
herein, who contribute to the cost of the work or have jurisdiction over areas in which the work is
to be performed and all officers and employees of said agencies while acting within the course
and scope of their duties and responsibilities.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be purchased from companies possessing a current A.M Best
Company rating of A FSC VII or better.
Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits not less than those shown in the following
table:
Liability Insurance Requirements
For each Aggregate for General Umbrella or
Total bid occurrences products/completed aggregateb excess
operation liability°
:5 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000
> $1,000,000
:5 $10,000,000 $1,000,000 $2,000,000 $2,000,000 $10,000,000
> $10,000,000
:5 $25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000
> $25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
sCombined single limit for bodily injury and property damage.
bThis limit must apply separately to your work under this Contract.
°The umbrella or excess policy must contain a clause stating that it takes effect (drops down)
in the event the primary limits are impaired or exhausted.
This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages
including completed operations, products liability, contractual liability, Explosion-Col lapse-
Underground, fire legal liability, or any other liability insurance deemed necessary because of the
of the nature of this contract.
Such Commercial General Liability insurance shall name the County of Fresno, its officers,
agents, and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned. Such coverage for additional insured shall apply
as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
officers, agents and employees shall be excess only and not contributing with insurance provided
under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY. CONTRACTOR shall
obtain endorsements to the Commercial General Liability insurance policy naming COUNTY as
an additional insured and providing for a thirty (30) day prior written notice of cancellation or
change in terms or coverage.
Within eight (8) days from date CONTRACTOR executes this Agreement, CONTRACTOR shall
provide certificates of insurance and endorsement as stated above for all of the foregoing policies,
as required herein, to the County of Fresno, Erin Haagenson, Senior Staff Analyst, 2220 Tulare
Street, 6t" Floor, Fresno, CA 93721, stating that such insurance coverages have been obtained
and are in full force; that the County of Fresno, its officers, agents and employees will not be
responsible for an premiums on the policies; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned; that
such coverage for additional insured shall apply as primary insurance an any other insurance, or
self- insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,
written notice given to COUNTY.
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned. Such
coverage for additional insured shall apply as primary insurance and any other insurance, or self-
insurance, maintained by COUNTY, its officers, agents, and employees shall be excess only and
not contributing with insurance provided under CONTRACTOR'S policies herein. This insurance
shall not be cancelled or changed without a minimum or thirty (30) days advance written notice
given to COUNTY.
B. Automobile Liabilitv
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000) per accident for bodily injury and property damage. Coverage should include owned
and non-owned vehicles used in connection with this Agreement and all applicable endorsements.
C. Professional Liabilitv
If CONTRACTOR is a licensed professional or employs professional staff, (e.g., Architect,
Engineer, Surveyor, etc.) in providing services, Professional Liability Insurance with limits of not
less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate with a provision for 3 year tail coverage.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation
in compliance with the provisions of the Labor Code of the State of California and during the
performance of the work contemplated herein will continue so to comply with said provisions of
said Code. Contractor shall supply the Owner with certificates of insurance, in duplicate,
evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will
receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation,
Certificate of Consent to Self-insure should be provided the Owner.
ARTICLE VII. The Contractor shall forthwith furnish in duplicate, a faithful performance bond in
an amount equal to 100% of the contract price and a payment bond in an amount equal to 100%
of the contract price, both bonds to be written by a surety company acceptable to the Owner and
in the form prescribed by law.
The payment bond shall contain provisions such that if the Contractor or his subcontractors shall
fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work
performed under the contract, or(b)any amounts required to be deducted, withheld and paid over
to the Employment Development Department and to the Franchise Tax Board from the wages of
the employees of the Contractor and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, then the surety will pay these
amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable
attorney's fee to be fixed by the court.
ARTICLE VIII. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be listed
on a bid proposal for a public works project unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be
awarded a contract for public work on a public works project or engage in the performance of
work on any public works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5.
Contractor shall comply with all applicable laws and regulations relating to wages and
employment, including all requirements imposed by the California Department of Industrial
Relations (DIR). Contractor shall cooperate with County to furnish timely all information necessary
for County's completion of the form required to be submitted by County whenregistering the
Project on the DIR website; and County thereafter shall provide to Contractor the"Project ID
Number" assigned by DIR in order to facilitate Contactor's submission to DIR of its certified
payrolls for the Project, in the manner required and using such form as may be prescribedby DIR,
in accordance with the provisions of Labor Code section 1771.4(a)(3).
ARTICLE IX: Governing Law— Venue for any action arising out of or relating to this Agreement
shall be in Fresno County, California. This Agreement shall be governed by the laws of the State
of California.
ARTICLE X: REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION
CONTRACTS Attachment B under the "Federal Requirements" section — (Form 1273) must be
physically inserted, unmodified in its entirety, into all subcontracts, except for purchase orders,
rental agreements and other agreements for supplies or services entered into as a result of this
contract.
This Contract, was executed on behalf of the Owner by its Purchasing Manager
under authority granted by Resolution No. 20-323, approved by the Fresno County Board of
Supervisors on October 20, 2020. It has been reviewed by the Department of Public Works and
Planning and is in proper order for final approval and signature.
IN WITNESS WHEREOF, they have executed this Agreement this _ _day of
, 2021
4 o t om' y.Le. COUNTY OF FRESNO
(CONTRACTOR) (OWNER)
l o— En 'C5 ub
(Taxpay r Federal I.D. No.)
P By
By /� ary Cornuelle, Purchasing Manager
County of Fres�o
Title Viup,1 Aexy "
APPENDIX A to Agreement: Supplemental Emergency Work Provisions
PROVISIONS REQUIRED BY FEMA
The Contract may be funded in part by the federal grant funding received by the COUNTY from the Federal
Emergency Management Agency ("FEMA"), which is part of the United States Department of Homeland Security
("DHS"). Therefore, CONTRACTOR must comply with all federal laws and regulations applicable to the receipt of
FEMA grants, including, but not limited to, the contractual provision set forth in Title 2 of the Code of Federal
Regulations, Part 200, in connection with the CONTRACTOR's performance of the work or services covered by the
Contract (the "Project"). All such federal laws and regulations shall be deemed to be inserted in the Contract and
the Contract shall be read and enforced as though such federal laws and regulations were included therein. In
addition, the CONTRACTOR agrees to the following specific provisions:
EWP-1 Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the contractor's legal duty to furnish information.
(4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of
the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: Provided, That if the applicant so
participating is a State or local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D
of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings,
the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate
legal proceedings.
EWP-2 Compliance with the Davis-Bacon Act
(1) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act
(40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be
applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the
requirements of 29 C.F.R. pt. 5 as applicable.
(2) Contractors are required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor.
(3) Additionally, contractors are required to pay wages not less than once a week.
EWP-3 Termination for Convenience
Under circumstances other than those set forth in Section IV(A) of the Agreement governing termination of this
Contract for cause, this Contract may be terminated by the County, with no liability to the contractor accruing to the
County based solely upon the County's exercise of such right, upon the giving of thirty (30) days advance written
notice of an intention to terminate to the contractor. In the event of such termination, the contractor shall cease
work on such date as is specified by the County in that notice, and the contractor shall be entitled to payment for all
work performed through and including that date. The County and the contractor shall meet and confer in an effort
to resolve any and all remaining issues relating to completion of the work, payment to the contractor of any incurred
and unpaid costs to which the contractor may claim to be entitled under the Contract, and any other issues
pertaining to final resolution of the contractual relationship. In the event of any remaining disputes after the parties
have met and conferred, they shall be resolved in accordance with Section GP-9 of the Special Provisions.
EWP-4 Copeland Anti-Kickback Act
(1) The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as
may be applicable,which are incorporated by reference into this contract. Each contractor or subrecipient is prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled.
(2) The contractor or subcontractor shall insert in any subcontracts the above clause in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all
of these contract clauses.
(3) A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a
contractor or subcontractor as provided in 29 CFR 5.12.
EWP-5 Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$27 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The County of Fresno shall, upon its own action or upon
written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from
any moneys payable on account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(b)(1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
EWP- 6 Clean Air Act and the Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., and the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in
turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole
or in part with Federal assistance provided by FEMA.
EWP-7 Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the
contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include
a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the County. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The
bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
EWP-8 Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal
contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
EWP-9 Procurement of Recovered Materials
(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(2) Information about this requirement, along with the list of EPA- designated items, is available at EPA's
Comprehensive Procurement Guidelines web site, https://www.er)a.gov/smm/comprehensive-procurement-
guideline-cpgprogram.
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste
Disposal Act.
EWP-10 Access to Records
(1) The Contractor agrees to provide the County of Fresno, the California Office of Emergency Services, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized representatives access to
any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the County of Fresno and the Contractor acknowledge
and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA
Administrator or the Comptroller General of the United States.
EWP-11 Department of Homeland Security (DHS) Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval.
EWP-12 Compliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract.
The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
EWP-13 No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-
Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
EWP-14 Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Contractor's actions pertaining to this contract.
GENERAL PROVISIONS
GP-1: Emergency Work/Signature Authorization
The Fresno County Purchasing Manager has been authorized, in accordance with
Government Code Section 25502.7, by action of the Fresno County Board of Supervisors
(Board) on October 20, 2020, to execute on behalf of the Owner, service contracts with
independent contractors as necessary forthe Creek Fire response and recovery efforts, up to a
maximum cumulative amount of$15,000,000, pursuant to the Board's proclamation on
September 10, 2020 of a local emergency resulting from the Creek Fire, which has been
continued and remains in effect as of the date of this Agreement.
GP-2: Definitions
A. "Department," as used in the Contract Documents, means the County of Fresno
Department of Public Works and Planning.
B. "Director," as used in the Contract Documents, means the Director of the Department
of PublicWorks and Planning, or his designee.
C. "Engineer," as used in the Contract Documents, means the Department representative
designated by the Director to coordinate with the Contractor as necessary or appropriate on all
projectmatters related to the project.
GP-3: Changes to the Work
A. The Owner, without invalidating the Contract, may order changes in the Work within the
generalscope of the Contract consisting of additions, deletion or other revisions. All such changes
in the Work shall be authorized by a Contract Change Order, and shall be performed under the
applicable conditions of the Contract Documents.
B. CONTRACT CHANGE ORDER: A Change Order is a written order to the Contractor,
issued after execution of the Contract, dually signed on behalf of the Owner by both the
Purchasing Manager and the Director of the Department of Public Works and Planning or his
designee, to establish and verify the authorization of the Owner. Changes to the contract may be
made only by Change Order, pursuant to authorization provided in Public Contract Code Section
20136(b), and any and all such change orders shallbe effective only if executed on behalf of the
Owner by both the Purchasing Manager and the Director of the Department of Public Works and
Planning or his designee.A Change Order may be issued to add or delete Work from the Contract,
and only an appropriately executed Change Order will effectuate changein either the Contract
Sum and/or the contract time.A Change Order signed by the Contractor indicates the Contractor's
agreement therewith, including any adjustment in the Contract Sum or the contract time, and the
full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized
by the Change Order.
C. The Contractor shall maintain separate records for any and all Change Order work.
GP-4: Payment of Invoices /Withholding of Retentions
A. Invoices shall be submitted by Contractor no more often than monthly, and shall
identify with sufficient specificity the work performed for which payment is requested.
Payment on invoices received from Contractor shall be made by the Owner within forty-
five (45) days after receipt. Change Order work shall be specifically identified as such
in any invoice.
B. The Department shall retain 5 percent of the estimated value of the work done and 5
percent ofthe value of materials so estimated to have been furnished and delivered and
unused or furnished and stored as aforesaid as part security for the fulfillment of the
contract by the Contractor. The Department will not withhold retention for mobilization or
demobilization.
C. The Department shall pay to the Contractor, while carrying on the work, the balance
not retained, as aforesaid, after deducting therefrom all previous payments and all
sums to be keptor retained under the provisions of the contract.
D. No monthly estimate or payment shall be required to be made when, in the judgment
of the Engineer, the work is not proceeding in accordance with the provisions of the
contract. No monthly estimate or payment shall be construed to be an acceptance of
any defective work orimproper materials.
GP-5: Payment and Performance Bonds
A. The Contractor shall furnish a Performance Bond in the amount of one hundred percent
(100%)of the Contract Sum, and a Payment Bond in the amount of one hundred percent
(100%) of theContract Sum.
B. Each required bond shall be issued by an admitted surety insurer authorized by the
California Insurance Commissioner to transact surety insurance in the state. The same
admitted surety insurer must issue the Performance Bond and Payment Bond. The bonds
required herein will neither be accepted nor approved by the Owner unless the bonds are
underwritten by an admitted surety and the requirements of California Code of Civil
Procedure section 995.630 are met. The bonds must include a physical mailing address,
phone number, FAX number, and contract person for the admitted surety insurer. The
Owner further reserves the right to satisfy itself as to the acceptability of the surety and
the form of bond. Upon request of the Owner, the bidder must submit the following
documents:
1. The original, or a certified copy, of the unrevoked appointment, power of attorney,
bylaws, or other instrument authorizing the person who executed the bond to do so.
2. A certified copy of the certificate of authority of the insurer issued by the California
Insurance Commissioner.
3. A certificate from the county clerk that the certificate of authority has not been
surrendered,revoked, canceled, annulled, or suspended, or in the event that it has,
that renewed authority has been granted.
4. A financial statement of the assets and liabilities of the insurer to the end of the
quarter calendar year prior to thirty (30) days next preceding the date of the
execution of the bond,in the form of an officers' certificate as defined in
Corporations Code section 173.
GP-6: Compliance with Laws
The Contractor, in its performance of the work that is the subject of this Agreement, shall
comply with all applicable Federal, State and Local laws, ordinances, regulations and Fresno
County Charter provisions.
GP-7: Rights and Remedies
A. The duties and obligations imposed by the Contract Documents and the rights and
remedies available hereunder shall be in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
B. No action or failure to act by or on behalf of the Owner regarding any deficiency, breach
or defaultin performance by the Contractor under the Contract Documents, shall be deemed or
construed to constitute acquiescence of the Owner in connection therewith or with regard to any
subsequent deficiency,breach or default in performance by the Contractor; nor shall any such
prior act of failure to act by or on behalf of Owner be deemed or construed as a waiver of any
rights in favor of Owner regarding any such deficiency, breach or default in performance by the
Contractor, regardless of the similarity to the prior incident or circumstance when no action was
taken regarding any alleged deficiency, breach or default in performance by the Contractor.
GP-8: Wage Rates and Related Labor Compliance Requirements
A. This Project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations (DIR), including the obligation to submit certified payroll records directly to the
DIR Compliance Monitoring Unit(CMU) at least monthly using the CMU's eCPR system. Detailed
information may be obtained on the State of California's Department of Industrial Relations
website, www.dir.ca.gov/dlse/cmu/CMU. The Contractor shall also submit certified payroll records
of the Contractor, Subcontractors and all Sub-subcontractors of any tier to the California Labor
Commissioner at least monthly in accordance with Labor Code Section 1771.4(a)(3).
B. The Contractor shall, and shall cause each of its Subcontractors (as defined in Labor
Code section 1722.1), if any, to provide to the Owner, prior to Contractor's execution of the
Agreement, written proof that they are currently registered with the California Department of
Industrial Relations, and have paid the applicable annual fee and are thereby qualified to perform
public work pursuant to Labor Code section 1725.5. Neither this Contract nor any subcontract
hereunder shall be entered into without such proof.
C. Pursuant to Section 1770-1780 of the Labor Code of the State of California, the Director
of the Department of Industrial Relations has determined the general prevailing rates of wages
and rates for legal holidays and overtime in the locality in which this work is to be performed,
which under Labor Code Section 1773.1 are deemed to include employer payments for health
and welfare, pension, vacation, travel time and subsistence pay, and apprenticeship or other
authorized training programs, for each craft or type of worker or mechanic needed to perform this
contract. Information pertaining to applicable Prevailing Wage Rates may be found on the website
for the State of California — Department of Industrial Relations.
D. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon
any Subcontractor under him/her to pay not less than the said specified rates to all laborers,
workers, and mechanics employed by them in the execution of the Contract, and to pay all
laborers, workers and mechanics not less often than once weekly. The Contractor to whom the
Contract is awarded shall post a copy of the determination of prevailing wages at the job site. The
Contractor shall require all Subcontractors to comply with Sections 1770-1780 of the Labor Code
of the State of California and shall insert into every subcontract the requirements contained
therein.
E. The Contractor shall comply with Labor Code Section 1775. In accordance with said
Section 1775,it is hereby further agreed that the Contractor shall forfeit to the Owner, as a penalty,
fifty dollars ($50.00) for each laborer, worker, or mechanic employed for each calendar day or
portion thereof, who is paid less than the said stipulated rates for any work done under the
Contract, by him/her or by any Subcontractor under him/her. The difference between said
stipulated rates and the amount paid to each worker for each calendar day or portion thereof for
which each worker was paid less than said stipulated rate shall be paid to each worker by the
Contractor. The Contractor, and each Subcontractor, shall keep or cause to be kept an accurate
record showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by him/her or her in connection with
the public work. The records shall be open at all reasonable hours to the inspection of the Owner,
to its officers and agents, and to the Division of Labor Law Enforcement of the State Department
of Industrial Relations, its deputies and agents, or as otherwise provided by applicable law
(including but not limited to Labor Code 1776).
F. The Federal minimum wage rates for this project as predetermined by the United States
Secretary of Labor are set forth in General Decision Number CA20210018, dated 06/25/2021,
which is incorporated in these General Provisions.
GP-9: Resolution of Contract Claims and Disputes
A. A Claim is a demand or assertion sent by registered mail or certified mail with return receipt
requested by one (1)of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time, or a request for equitable adjustment or Contract Change Order which
cannot be resolved pursuant to the provisions of Section GP-3— "Changes to the Work". Any Claim shall be
reduced to writing and filed with the Director's designated Engineer, within ten (10) calendar days after the
Contractor has notice of the condition giving rise to the Claim, and final action per the procedures of Section
GP-3 — "Changes to the Work" have taken place or been declared as such in writing, by either party. Such
ten (10)-day notice of an asserted claim is in addition to the requirement for prompt notice required per Section
GP-3 — "Changes to the Work".
B. The Contractor shall not claim or recover any overhead cost administrative or otherwise,
particularly "Home Office" expenses, "Extended site overhead", or any other overhead cost on the basis of
any "Home Office" damages formula, "Eichleay" formula, "Total Cost" recovery formula or any other such
formula.
C. REQUIREMENTS FOR FILING A CLAIM. Claims shall be submitted to the. Director's
designated Engineer. Claims must be filed within the time specified above, but in no event shall any claim be
considered by the Director's designated Engineer that is filed later than the date of final payment of the Project.
The claim shall be in writing and shall be a sum certain if known. If unknown, Contractor shall specify the
basis for establishing the sum certain. Claim shall include a statement of the reasons for the asserted
entitlement, and include the documents necessary to substantiate the claim. The Contractor shall certify, at
the time of submission of a claim, as follows:
"I, , being the (MUST BE AN
OFFICER) of (GENERAL CONTRACTOR), declare
under penalty of perjury under the laws of the State of California, and do personally certify
and attest that: I have thoroughly reviewed the attached claim for additional compensation
and/or extension of time, and know its contents, and said claim is made in good faith; he
supporting data is truthful and accurate; the amount requested accurately reflects the
contract adjustment for which the Contractor believes the Owner is liable; and, further, that
I am familiar with California Penal Code Section 72 and California Government Code
Section 12560, et seq, pertaining to false claims, and further know and understand that
submission or certification of a false claim may lead to fines, imprisonment and/or other
severe legal consequences.
By: „
(Contractor's signature) (Date)
D. Statutory Procedures Regarding Resolution of Claims. Nothing in this Article is intended to
extend the time limit or supersede notice requirements otherwise provided by this contract or by applicable
law for the filing of claims. Any formal claim shall be processed in accordance with the provisions of Public
Contract Code Section 9204 and Section 20104 et. sec., each of which establishes a process for resolution
of claims.
E. Priority of Applicable Provisions for Resolution of Claims. In the event of any perceived conflict
between the summary of the procedure set forth in this Article and the actual provisions of Public Contract
Code Section 9204 and Section 20104, et seq., the statutory provisions shall control; and in the event of any
perceived conflict between the provisions of Section 9204 and Section 20104, et seq., the provisions of
Section 9204 shall control.
F. Payment of Undisputed Portion of Claim. Owner shall pay claimant such portion of a claim that
is undisputed except as otherwise provided in the Contract.
G. Continue Work During Dispute. In the event of any disputed claim or other dispute between
the Owner and the Contractor, the Contractor will not stop work but will prosecute the work diligently to
completion in his/her manner directed by the Owner, and the dispute shall be resolved by a court of law
after completion of the Work. However, Contractor must submit all disputes in accordance with the
provisions of this Section 2.35.
H. Suit in Fresno County Only. Any litigation arising out of this Contract shall be brought in Fresno
County and Contractor hereby waives the removal provisions of California Code of Civil Procedure Section
394.
SPECIAL PROVISIONS
Employ these Special Provisions in conjunction with the 2018 Standard Specifications issued
by Caltrans and Applicable Amendments thereto as defined hereinafter.
"Applicable Amendments" are those Amendments to the 2018 Standard Specifications issued
by Caltrans and dated April 16, 2021.
Replace Sections or portions thereof of the Caltrans 2018 Standard Specifications as specified
hereinafter.
Where a Division, Section, or other portion of the Caltrans 2018 Standard Specifications is not
expressly modified by these Special Provisions, then such shall apply as revised by Applicable
Amendments.
Where a Section is hereby replaced in its entirety, amendments thereto issued by Caltrans shall
apply only to the extent expressly included in the text of the Section as replaced hereby and
included herein.
Where a Section is not hereby replaced in its entirety, applicable amendments thereto issued
by Caltrans shall apply to all text which is not expressly deleted or otherwise edited hereby.
Any text which is expressly deleted, or deleted and replaced hereby, shall no longer apply
notwithstanding any revision of such text by Caltrans amendment.
DIVISION I GENERAL PROVISIONS
Replace Section 1 with:
1 GENERAL
1-1.01 GENERAL
The work is done in accordance with the 2018 Standard Specifications, 2018 Standard Plans and the
following special provisions.
Where these special provisions indicate to replace, add to, delete, delete from, or otherwise modify a
"Section," or a portion thereof, the Section or portion thereof to which such modification is to be applied
is the Section or portion thereof with the corresponding numbering in the 2018 Standard
Specifications.
Amendments to the 2018 Standard Specifications Issued by Caltrans and dated April 16, 2021 are
"Applicable Amendments" to be applied as defined in these Special Provisions.
Revisions to the 2018 Standard Plans issued by Caltrans apply if expressly referenced by the project
plans or specifications.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
In case of conflict between Applicable Amendments and these special provisions, the special
provisions shall take precedence over and be used in lieu of such conflicting portions.
Section 1 includes specifications related to the interpretation of the contract.
The Caltrans specifications are divided into 12 divisions.
Division I includes general specifications applicable to every contract unless specified as applicable
only under certain conditions.
Division II includes specifications for general construction applicable to every contract unless specified
as applicable only under certain conditions.
Divisions II I through X include construction specifications for specific bid items.
Division XI includes specifications for common materials. For a material specified in this division, that
material specified in any Section must comply with the specifications in division XI.
The specifications are written to the Contractor- interpret sentences written in the imperative mood as
starting with The Contractor must and interpret you as the Contractor and your as the Contractor's.
After Contract approval, submit documents and direct questions to the Engineer. Orders,
authorizations, and requests to the Contractor are by the Engineer.
The following items from the Department are in writing:
1. Approvals
2. Authorizations
3. Decisions
4. Notifications
5. Orders
6. Responses
The following items from the Contractor must be in writing:
1. Notifications
2. Proposals
3. Reports
4. Requests, including RFIs, sequentially numbered
5. Subcontracts
6. Test results
Where a location is not specified with the words shown, specified, or described, interpret:
1. Shown as shown on the plans.
2. Specified as specified in the specifications.
3. Described as described in the Contract. Described means shown, specified, or both.
Headings are included for the purposes of organization and referencing. Inclusion of a heading with no
related content, Not Used, or Reserved does not indicate that no specification exists for that subject;
applicable specifications may be covered in a general or referenced specification.
Specifications in a Section titled General apply to all subordinate sections within the Section.
Specifications in the general Section of a division apply to all sections within the division.
Sections are reserved in the Standard Specifications for correlation of special provisions and revised
standard specifications with the Standard Specifications and for future expansion of the Standard
Specifications.
The specifications are expressed in US customary units except where a referenced document uses the
International System of Units as the standard.
Unless an object or activity is specified to be less than the total, the quantity or amount is all of the
object or activity.
All items in a list apply unless the items are specified as choices.
1-1.02 STYLE VARIATIONS
The Department is gradually standardizing the style of the specifications. The use of the new style
does not change the meaning of a Contract part not using this style. The new style includes:
1. Use of:
1.1. Imperative mood
1.2. Introductory modifiers
1.3. Conditional clauses
1.4. Industry-standard terms
2. Elimination of:
2.1. Language variations
2.2. Definitions for industry-standard terms
2.3. Redundant specifications
2.4. Needless cross-references
Because of the transition, some terms or clauses used in Division I are different from those used in
other divisions and in other Contract parts. Interpret the equivalent term or clause shown in the
following table as having the same meaning as the corresponding term or clause in Division 1:
Terms Equivalencies
Term or clause in Equivalent term or phrase that may be
Division I in other divisions and in other Contract Conditions
parts
Authorize Approve Except in a Change Order
Authorized Pre-Qualified Products List --
Material List
Where referring to anyone other
Department Engineer than the Resident Engineer or the
Resident Engineers authorized
representatives
Department-
furnished County-furnished material --
material
<work <work description> will be paid for as
description> is extra work <with or without a reference --
change order to a Section>
work
1-1.03-1-1.04 RESERVED
1-1.05 REFERENCES
A reference within parentheses to a law or regulation is included in the Contract for convenience only
and is not a comprehensive listing of related laws and regulations. Lack of a reference does not
indicate no related laws or regulations exist.
Where the version of a referenced document is not specified, use the most recent version in effect on
the date listed on the contractor's proposal.
A reference to a Section includes specifications in sections titled General that apply to the Section.
Where a Section number is referenced without a reference to a document, the reference is to a
Section of the Standard Specifications as revised by any revised standard specification, special
provision, or both. Any reference directly to a revised standard specification Section is for convenience
only. Lack of a direct reference to a revised standard specification Section does not indicate a revised
standard specification for the Section does not exist.
A code not specified as a federal code is a California code.
An agency or a department not specified as a federal or local agency or department is a California
agency or department.
1-1.06 ABBREVIATIONS
Unless context indicates otherwise, interpret the meaning of an abbreviation as shown in the following
tables:
Abbreviations
Abbreviation Meaning
AASHTO American Association of State Highway and Transportation Officials
AB aggregate base
ACI American Concrete Institute
ADL aerially deposited lead
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AMA archaeological monitoring area
ANSI American National Standards Institute
APCD Air pollution control district
API American Petroleum Institute
AREMA American Railway Engineering and Maintenance-of-Way Association
AQMD Air quality management district
AS aggregate subbase
ASME American Society of Mechanical Engineers
ASQ American Society for Quality
ATPB asphalt treated permeable base
ATS active treatment system
AWG American Wire Gauge
AWPA American Wood Protection Association
AWSa American Welding Society
AWWA American Water Works Association
AWIS automated work zone information system
BBS battery backup system
BNSF Burlington Northern Santa Fe
Cal/OSHA California Division of Occupational Safety and Health Administration
CBC California Building Code
CDPH California Department of Public Health
CIDH cast-in-drilled-hole
CIH Certified Industrial Hygienist
CIP cast in place
CISS cast-in-steel-shell
UP complete joint penetration
CMU concrete masonry unit
CPM critical path method
CPL composite plastic lumber
CRCP continuously reinforced concrete pavement
CRM crumb rubber modifier
CSL crosshole sonic logging
CSS cement stabilized soil
CTB cement treated base
CTPB cement treated permeable base
CVN Charpy V-notch
CWI AWS Certified Welding Inspector
DBE disadvantaged business enterprise
DRA Dispute Resolution Advisor
DRB Dispute Resolution Board
DTSC Department of Toxic Substances Control
DVBE disabled veteran business enterprise
ECTC Erosion Control Technology Council
EIA/ECIA Electronic Industries Alliance/Electronic Components Industry Association
ELAP Environmental Laboratory Accreditation Program
ESA environmentally sensitive area
ETL Electrical Testing Laboratories
t extreme fiber compressive stress in concrete at service loads
fVCcompressive strength of concrete
FHWA Federal Highway Administration
FDR full depth reclamation
GAAP Generally Accepted Accounting Principles
GGBFS ground granulated blast furnace slag; slag cement
GGL gamma-gamma logging
GSP galvanized steel pipe
HMA hot mix asphalt
HMA-O hot mix asphalt (open graded)
HS high strength
ICC International Code Council
ICEA Insulated Cable Engineers Association
ITE Institute of Transportation Engineers
IEEE Institute of Electrical and Electronics Engineers
JMF job mix formula
JPCP jointed plain concrete pavement
ksf kips per square foot
ksi kips per square inch
LCB lean concrete base
LCS Department's lane closure system
LEED Leadership in Energy and Environmental Design
LTDS long term design strength
MC medium curing
METS Department's Materials Engineering and Testing Services
MPI Master Painters Institute
MPQP Material Plant Quality Program published by the Department
MR movement rating
MSDSb material safety data sheet
MT magnetic particle testing
MUTCD Manual on Uniform Traffic Control Devices
NAL numeric action level
NDT nondestructive testing
NEL numeric effluent limitation
NETA International Electrical Testing Association
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
WAS nominal maximum aggregate size
NPDES National Pollutant Discharge Elimination System
NPT National Pipe Thread Taper
NRTL Nationally Recognized Testing Laboratory
NTU nephelometric turbidity unit
OBC optimum binder content
OGFC open graded friction course
OSD Offices of Structure Design
PLAC permit, license, agreement, certification, or any combination of these
PC Precast
PCC portland cement concrete
pcf pounds per cubic foot
PCMS portable changeable message sign
PG performance grade
PJP partial joint penetration
POC pedestrian overcrossing
PQR procedure qualification record
PS Prestressed
PSF pedestrian signal face
PV programmed visibility
QSD qualified SWPPP developer
QSP qualified SWPPP practitioner
RAP reclaimed asphalt pavement
RCSC Research Council on Structural Connections
RECP rolled erosion control product
RFI request for information
RHMA rubberized hot mix asphalt
RHMA-G rubberized hot mix asphalt (gap graded)
RHMA-O rubberized hot mix asphalt (open graded)
RHMA-O-HB rubberized hot mix asphalt (open graded high binder)
RPL recycled plastic lumber
RSC rapid strength concrete
RSP rock slope protection
RSS revised standard specifications
RT radiographic testing
RWQCB regional water quality control board
SMSA Standard Metropolitan Statistical Area
Sc slow curing
SCC self-consolidating concrete
SCM supplementary cementitious material
SIDS safety data sheet
SSPC The Society for Protective Coatings
SWPPP stormwater pollution prevention plan
SWRCB State Water Resources Control Board
TEES Transportation Electrical Equipment Specifications
TIA Telecommunications Industry Association; time impact analysis
TRO time-related overhead
TV target value
UFFA ultra fine fly ash
UL Underwriters Laboratories, Inc
USC United States Code
USLE Universal Soil Loss Equation
USM unidentified stock material
UT ultrasonic testing
VECP value engineering change proposal
VFD variable-frequency drive
VPM volts per mil
WMA warm mix asphalt
WPC water pollution control
WPCP water pollution control program
WPS welding procedure specification
WQO water quality objective
alnterpret a reference to AWS as a reference to AWS, ANSI/AWS, or AASHTO/AWS
binterpret a reference to MSDS as a reference to SDS under 29 CFR 1910.1200
1-1.07 DEFINITIONS
1-1.07A General
Interpret terms as defined in the Contract documents.
1-1.0713 Glossary
abandon: Render unserviceable in place.
acts of God: Acts of God as defined in Pub Cont Code § 7105.
activity: Task, event, or other project element on a schedule that contributes to completing the project.
An activity has a description, start date, finish date, duration, and one or more logic ties.
adjust: Raise or lower a facility to match a new grade line.
aerially deposited lead: Lead primarily from vehicle emissions deposited within unpaved areas or
formerly unpaved areas.
authorized laboratory: Independent testing laboratory (1) not employed or compensated by any
subcontractor or subcontractor's affiliate providing other services for the Contract and (2)
authorized by the Department.
base: Layer of specified material of planned thickness placed immediately below the pavement or
surfacing.
basement material: Material in an excavation or embankment under the lowest layer to be placed.
bid item: Work unit for which the Bidder provides a price.
borrow: Fill acquired from an excavation source outside the described cut area.
1. local borrow: Material obtained by widening cuts or excavating from sources outside the planned
or authorized cross Section on the job site. The location of the local borrow is described or
designated by the Engineer.
2. imported borrow: Borrow that is not local borrow.
bridge: Structure that:
1. Has a bridge number
2. Carries a (1) utility, (2) railroad, or (3) vehicle, pedestrian, or other traffic over, under, or around
obstructions or waterways
California Test: Department-developed test for determining work quality. For California Tests, go to
the METS website.
certificate of compliance: Certificate stating the material complies with the Contract.
Certified Industrial Hygienist: Industrial hygienist certified in comprehensive practice by the
American Board of Industrial Hygiene.
change order work: Work described in a Change Order, including extra work and work described in
the Contract as change order work.
closure: Closure of a traffic lane or lanes, including shoulder, ramp, or connector lanes, within a single
traffic control system.
commercial quality: Quality meeting the best general practices.
commercial source: Established business operating as a material source for the general public.
Contract: Written and executed contract between the Department and the Contractor.
Contract acceptance: Director's written acceptance of a completed Contract.
Contract time: Number of original working days as adjusted by any time adjustment.
Contractor: Person or business or its legal representative entering into a Contract with the
Department for performance of the work.
controlling activity: Construction activity that will extend the scheduled completion date if delayed.
critical path: Longest continuous chain of activities for the project that has the least amount of total
float of all chains. In general, a delay on the critical path extends the scheduled completion date.
critical path method: Network-based planning technique using activity durations and relationships
between activities to calculate a schedule for the entire project.
culvert: Structure other than a bridge that provides an opening under a roadway.
data date: Day after the date through which a schedule is current. Everything occurring earlier than
the data date is as-built and everything on or after the data date is planned.
day: 24 consecutive hours running from midnight to midnight; calendar day.
1. business day: Day on the calendar except a Saturday and a holiday.
2. working day: Time measure unit for work progress. A working day is any 24-consecutive-hour
period except:
2.1.
2.2. Day during which you cannot perform work on the controlling activity for at least 50 percent
of the scheduled work shift with at least 50 percent of the scheduled labor and equipment
due to any of the following:
2.2.1. Adverse weather-related conditions.
2.2.2. Traffic maintenance under the Contract.
2.2.3. Suspension of a controlling activity that you and the Engineer agree benefits both
parties.
2.2.4. Unanticipated event not caused by either party, such as:
2.2.4.1. Act of God
2.2.4.2. Act of a public enemy.
2.2.4.3. Epidemic.
2.2.4.4. Fire.
2.2.4.5. Flood.
2.2.4.6. Governor-declared state of emergency.
2.2.4.7. Landslide.
2.2.4.8. Quarantine restriction.
2.2.5. Issue involving a third party, including:
2.2.5.1. Industry or area-wide labor strike.
2.2.5.2. Material shortage.
2.2.5.3. Freight embargo.
2.2.5.4. Jurisdictional requirement of a law enforcement agency.
2.2.5.5. Workforce labor dispute of a utility or nonhighway facility owner resulting in
a nonhighway facility rearrangement not described and not solely for the
Contractor's convenience. Rearrangement of a nonhighway facility includes
installation, relocation, alteration, or removal of the facility.
2.3. Day during a concurrent delay.
3. original working days:
3.1. Working days to complete the work as proposed by the contractor.
Where working days is specified without the modifier original in the context of the number of working
days to complete the work, interpret the number as the number of original working days as
adjusted by any time adjustment.
deduction: Money permanently taken from a progress payment or the final payment. Deductions are
cumulative and are not retentions under Pub Cont Code § 7107.
delay: Event that extends the completion of an activity.
1. excusable delay: Delay caused by the Department and not reasonably foreseeable when the
work began, such as:
1.1. Change in the work
1.2. Department action that is not part of the Contract
1.3. Presence of an underground utility main not described in the Contract or in a location
substantially different from that specified
1.4. Described facility rearrangement not rearranged as described, by the utility owner by the
date specified, unless the rearrangement is solely for the Contractor's convenience
1.5. Department's failure to obtain timely access to the right-of-way
1.6. Department's failure to review a submittal or provide notification in the time specified
2. critical delay: Excusable delay that extends the scheduled completion date
3. concurrent delay: Occurrence of at least 2 of the following events in the same period of time,
either partially or entirely:
3.1. Critical delay
3.2. Delay to a controlling activity caused by you
3.3. Non—working day
Department: The Fresno County Board of Supervisors and its authorized representatives.
detour: Temporary route for traffic around a closed road part. A passageway through a job site is not a
detour.
Director: Department's Director.
disabled veteran business enterprise: Business certified as a DVBE by the Department of General
Services, Office of Small Business and DVBE Services.
disadvantaged business enterprise: Disadvantaged business enterprise as defined in 49 CFR 26.5.
dispose of: Remove from the job site.
divided highway: Highway with separated traveled ways for traffic, generally in opposite directions.
Engineer: Resident Engineer responsible for the Contract's administration as designated by the
Director or Designee; Resident Engineer's authorized representatives.
early completion time: Difference in time between an early scheduled completion date and the work
completion date.
environmentally sensitive area: Area within or near construction limits where access is prohibited or
limited to protect environmental resources.
extra work: Any work, desired or performed, but not included in the original Contract.
federal-aid contract: this contract is anticipated to be funded, at least in part, by FEMA, and is
considered to be a federal-aid contract being accomplished pursuant to expedited procedures to
facilitate prompt contract completion.
final pay item: Bid item whose quantity shown on the Bid Item List is the quantity paid.
finished grade: Final surface of the completed facility. If the work under the Contract includes stage
construction, the relation between the finished grade and the work under the Contract is shown.
fixed cost: Labor, material, or equipment cost directly incurred by the Contractor as a result of
performing or supplying a particular bid item that remains constant regardless of the item's
quantity.
float: Difference between the earliest and latest allowable start or finish times for an activity.
1. Department-owned float: Time saved on the critical path by actions of the Department. It is the
last activity shown on the schedule before the scheduled completion date.
force account work: Work ordered on a construction project without an existing agreement on its
cost, and performed with the understanding that the contractor will bill the owner according to the
cost of labor, materials, and equipment, plus a certain percentage for overhead and profit.
grading plane: Basement material surface on which the lowest layer of subbase, base, pavement,
surfacing, or other specified layer is placed.
highway: Whole right-of-way or area reserved for use in constructing the roadway and its
appurtenances.
holiday: Holiday shown in the following table:
Holidays
Holiday Date observed
Every Sunday Every Sunday
New Year's Day January 1st
Birthday of Martin Luther King, Jr. 3rd Monday in January
President's day 3rd Monday in February
Cesar Chavez Day March 31 st
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day Day after Thanksgiving Day
Christmas Day December 25th
If January 1st, February 12th, March 31st, July 4th, November 11th, or December 25th falls on a
Sunday, the Monday following is a holiday. If November 11th falls on a Saturday, the preceding Friday
is a holiday.
hours of darkness: Hours of darkness as defined in Vehicle Code § 280.
idle equipment: Equipment:
1. On the job site at the start of a delay
2. Idled because of the delay
3. Not operated during the delay
job site: Area within the defined boundaries of a project.
Labor Surcharge and Equipment Rental Rates: Department publication that lists labor surcharge
and equipment rental rates.
landscaping: Practice of a landscaping contractor under 16 CA Code of Regs § 832.27.
material: Any product or substance specified for use in the construction of a project.
material shortage:
1. Shortage of raw or produced material that is area-wide and caused by an unusual market condition
except if any of the following occurs:
1.1. Shortage relates to a produced, nonstandard material
1.2. Supplier's and the Contractor's priority for filling an order differs
1.3. Event outside the United States for a material produced outside the United States
2. Unavailability of water that delays a controlling activity
material source facility audit: Self-audit and a Department audit evaluating a facility's capability to
consistently produce materials that comply with Department standards.
median: Portion of a divided highway separating the traveled ways including inside shoulders.
milestone: Event activity that has zero duration and is typically used to represent the start or end of a
certain stage of the project.
mobilization: Preparatory work that must be performed or costs incurred before starting work on the
various items on the job site (Pub Cont Code § 10104).
modify: Add to or subtract from an appurtenant part.
narrative report: Document submitted with each schedule that discusses topics related to project
progress and scheduling.
near critical path: Chain of activities with total float exceeding that of the critical path but having not
more than 10 working days of total float.
obliterate: Place an earth cover over or root, plow, pulverize, or scarify.
pavement: Uppermost layer of material placed on a traveled way or shoulder.
plans: Standard plans, revised standard plans, and project plans.
1. standard plans: Drawings standard to Department construction projects.
2. revised standard plans: New or revised standard plans.
3. project plans: Drawings specific to the project, including authorized shop drawings.
quality characteristic: Characteristic of a material that is measured to determine conformance with a
given requirement.
quality control plan: Contractor's plan to ensure QC.
reconstruct: Remove and disassemble and construct again at an existing or new location.
relocate: Remove and install or place in a new location.
remove: Remove and dispose of.
reset: Remove and install or place laterally at the same station location.
roadbed: Roadway portion extending from the curb line to curb line or the shoulder line to shoulder
line. A divided highway has 2 roadbeds.
roadside: Area between the outside shoulder edge and the right-of-way limits.
roadway: Portion of the highway within the outside lines of curbs, sidewalks, slopes, ditches,
channels, or waterways. A roadway includes the structures and features necessary for safety,
protection of facilities, and drainage.
salvage: Remove, clean, and haul to a specified location.
schedule:
1. baseline schedule: Initial schedule showing the original work plan starting on the date of Contract
approval. This schedule shows no completed work to date and no negative float or negative lag to
any activity.
2. revised schedule: Schedule that incorporates a proposed or past change to logic or activity
durations.
3. updated schedule: Current schedule developed from the accepted baseline and any subsequent
accepted updated or revised schedules through regular monthly review to incorporate actual past
progress.
scheduled completion date: Planned work completion date shown on the current schedule.
shoulder: Roadway portion contiguous with the traveled way for accommodation of a stopped vehicle,
emergency use, and lateral support of base and surface courses.
small tool: Tool or piece of equipment not listed in Labor Surcharge and Equipment Rental Rates that
has a replacement value of$500 or less.
specifications: Standard specifications, revised standard specifications, and special provisions.
1. standard specifications: Specifications standard to Department construction projects. These
specifications are in a book titled Standard Specifications.
2. revised standard specifications: New or revised standard specifications.
3. special provisions: Specifications specific to the project.
State: State of California, including its agencies, departments or divisions whose conduct or action is
related to the work.
Structure Design: Offices of Structure Design of the Department of Transportation.
subbase: Layer of material between a base and the basement material.
subgrade: Roadbed portion on which pavement, surfacing, base, subbase, or a layer of any other
material is placed.
submittal:
1. action submittal: Written and graphic information and samples that require the Department's
response.
2. informational submittal: Written information that does not require the Department's response.
substantial defects: Defects plainly seen as damaged, displaced, or missing parts or improper
functioning of materials, parts, equipment, or systems.
substructure: Bridge parts below the bridge seats, pier tops, and haunches for rigid-framed bridges or
spring lines for arched bridges; includes abutment backwalls, abutment parapets, and wingwalls.
superstructure: Bridge parts except the substructure.
supplemental project information: Information relevant to the project, specified as supplemental
project information, and made available to bidders.
surfacing: Uppermost layer of material placed on a traveled way or shoulders; pavement.
time impact analysis: Analysis using a CPM schedule developed specifically to demonstrate the
effect a proposed or past change or delay has on the current scheduled completion date.
time-scaled network diagram: Graphic depiction of a CPM schedule comprised of activity bars with
relationships for each activity represented by arrows. The tail of each arrow connects to the activity
bar for the predecessor and points to the successor.
total bid: Sum of the item totals as verified by the Department; original Contract price.
total float: Amount of time that an activity or chain of activities can be delayed before extending the
scheduled completion date.
traffic: Pedestrians, bicyclists, ridden or herded animals, vehicles, streetcars, and other conveyances
either singularly or together while using any highway for purposes of travel.
traffic break: Traffic operation performed by a California Highway Patrol officer or other law
enforcement officer to slow or stop traffic within the traveled way.
traffic lane: Portion of traveled way used for the movement of a single line of vehicles.
traveled way: Portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms,
sidewalks, and parking lanes.
tunnel: Tunnel as defined in 8 CA Code of Regs § 8405 et seq.
unauthorized work: Work performed beyond the lines and grades described in the Contract or
established by the Engineer or extra work performed without Department authorization.
unsuitable material: Material encountered below the natural ground surface in embankment areas or
below the grading plane in excavation areas that the Engineer determines to be in any of the
following conditions:
1. Of such unstable nature that it cannot be compacted to the specified density using ordinary
methods at optimum moisture content.
2. Too wet to be properly compacted and cannot be dried before incorporating it into the work.
Excessive moisture alone is not sufficient cause for determining that the material is unsuitable.
3. Inappropriate for the planned use.
withhold: Money temporarily or permanently taken from a progress payment.
work: Resources and activities required for Contract acceptance, including labor, materials,
equipment, and the created product.
work plan: Detailed formulation of a program of action.
work zone: Area of a highway with construction, maintenance, or utility work activities.
1-1.09 FREEZE-THAW AREAS
Freeze-thaw areas are areas of the State where freeze-thaw cycles and heavy salting frequently
occur. A project is in a freeze-thaw area if the project is specified in the special provisions to be in a
freeze-thaw area.
This project is in a freeze-thaw area.
1-1.11 WEBSITES, ADDRESSES, AND TELEPHONE NUMBERS
Websites, Addresses, and Telephone Numbers
Reference or
agency or
department Telephone
unit Website Address no.
Authorized http://www.dot.ca.go
Facility Audit v/hq/esc/Translab/O
List SM/documents/smd -- --
ocuments/Internet a
uditlisting.p
Authorized http://www.dot.ca.go
Material List v/hg/esc/approved p -- --
roducts list/
Authorized http://www.dot.ca.go
Material v/hq/esc/Translab/au
Source List thorized material so
urce list/
Authorized http://www.dot.ca.go
Material v/hg/esc/Translab/au
Systems List thorized_systems_lis
t/
Authorized http://www.dot.ca.go
Laboratory v/hg/esc/Translab/au
List thorized laboratorie
s list/
CA Unified
Certification http://www.dot.ca.go
Program's list v/hq/bep/find certifie --of certified d.htm
DBEs
California http://www.dot.ca.go
MUTCD v
http://www.co.fresno 2220 Tulare Street (559) 600-
Department Design Division — Sixth Floor 4501 or (559)
ca.us Fresno, CA 93721 600-4530
Department of
Conservation, http://www.conservat
Office of Mine ion.ca.gov/omr/
Reclamation
Department of OFFICE OF SMALL BUSINESS AND
General DVBE SERVICES
http://www.dgs.ca.go (800) 559-
Services, DEPARTMENT OF GENERAL
v/dgs/ProgramsServi 5529
Office of Small ces/BusServices.asp SERVICES (916) 375-
Business and x 707 3RD ST 4940
DVBE — WEST SACRAMENTO CA 95605-2811
Services
Department of http://www.dir.c 455 GOLDEN GATE AVE
Industrial SAN FRANCISCO CA 94102 --
Relations a.gov
MAJOR CONSTRUCTION PAYMENT
Division of httAND INFORMATION UNIT
Accounting, a.gov/hq/asc/oa
a OFFICE OF EXTERNAL ACCOUNTS
Office of p/paya.gov/hq/asc/on PAYABLE (916) 227-
External act.ht ents/con DIVISION OF ACCOUNTING 9013
Accounts tact.htm#conpet DEPARTMENT OF TRANSPORTATION
Payable s1 P.O. BOX 168043
SACRAMENTO CA 95816-8043
Division of http://www.dot.c
Construction a.gov/hq/constr -- --
u c/
http://www.dot.c GEOTECHNICAL SERVICES
Geotechnical a.gov/hg/esc/qe DEPARTMENT OF TRANSPORTATION (916) 227-
Services otech 5900 FOLSOM BLVD 7000
SACRAMENTO CA 95819-4612
MATERIALS ENGINEERING AND
http://www.dot.c TESTING SERVICES (916) 227-
METS a.gov/hq/esc/Tr DEPARTMENT OF TRANSPORTATION 7000
anslab/ 5900 FOLSOM BLVD
SACRAMENTO CA 95819-4612
http://www.dot.c
MPQP a.gov/manuals. -- --
htm
MSC 43
Office OFFICE ENGINEER (916) 227-
Engineer -- DEPARTMENT OF TRANSPORTATION 6299
1727 30TH ST
SACRAMENTO CA 95816-7005
Offices of MSC 9-4/41
Structure DOCUMENTS UNIT OFFICES OF
Design, __ STRUCTURE DESIGN (916) 227-
Documents DEPARTMENT OF TRANSPORTATION 0716
Unit 1801 30TH ST
SACRAMENTO CA 95816-7006
Publication PUBLICATION UNIT
Distribution __ DEPARTMENT OF TRANSPORTATION
Unit 1900 ROYAL OAKS DR
SACRAMENTO CA 95815-3800
South Coast
Air Quality www.aqmd.gov --
Management
District
1-1.12-1-1.15 RESERVED
Replace Section 2 with:
2 BIDDING — not used
Replace Section 3 with:
3 CONTRACT AWARD AND EXECUTION — not used
4 SCOPE OF WORK
Replace Section 4-1.02 with:
4-1.02 INTENT
The Contract intent is to provide for work completion using the best general practices.
Nothing in the specifications, special provisions, Standard Specifications, or in any other Contract
document voids the Contractor's public safety responsibilities.
Replace Section 4-1.04 with:
4-1.04 USE OF MATERIALS FOUND ON THE JOB SITE
You may use aggregate or other materials found in excavation that comply with the specifications only
if expressly authorized in writing.
5 CONTROL OF WORK
Delete the 9t" Paragraph of Section 5-1.01
Replace Section 5-1.09 with:
5-1.09 RESERVED
Replace Section 5-1.12 with:
5-1.12 ASSIGNMENT
No third-party agreement relieves you or your surety of the responsibility to complete the work. Do not
sell, transfer, or otherwise dispose of any Contract part without prior written consent from the
Department.
If you assign the right to receive Contract payments, the Engineer accepts the assignment upon the
Engineer's receipt of a notice. Assigned payments remain subject to deductions and withholds
described in the Contract. The Department may use withheld payments for work completion whether
payments are assigned or not.
A pending or disapproved request for assignment does not relieve you of the responsibility to
commence and pursue work timely and in strict accordance with contract documents.
Replace the paragraphs of Section 5-1.20B(4) with:
5-1.20B(4) Contractor—Property Owner Agreement
Before procuring material from or disposing or stockpiling of material on non-highway property:
1. Provide proof that the property where materials are to be stockpiled or equipment
parked/stored is appropriately zoned and/or permitted for the use proposed by the Contractor.
2. Obtain written authorization from each and every owner of the property where materials are to
be stockpiled or equipment parked/stored.
3. Provide proof that the signor(s) of the authorization are the owners of the property.
4. Provide an executed release from the property owner(s) absolving the Department from any
and all responsibility in connection with the stockpiling of materials or parking/storage of
equipment on said property.
5. Obtain written permission from the Engineer to stockpile materials or park/store equipment at
the location designated in said authorization.
Before Contract acceptance, submit a document signed by the owner of the material source or
disposal site stating that the Contractor has complied with the Contractor-owner agreement.
Failure by the Contractor to provide written authorization shall result in the withholding of all funds due
to the Contractor until said authorization is received by the County.
Replace Section 5-1.26 with:
5-1.26 CONSTRUCTION SURVEYS
The Engineer places stakes and/or marks as the Engineer determines to be necessary to establish the
lines and grades required for the work.
Submit your request for Engineer-furnished stakes:
1 Once staking area is ready for stakes
2. On a Request for Construction Stakes form
After your submittal, the Engineer starts staking within 2 working days.
Preserve stakes and marks placed by the Engineer. If the stakes or marks are destroyed, the Engineer
replaces them at the Engineer's earliest convenience and deducts the cost.
Replace Section 5-1.27E with:
5-1.27E CHANGE ORDER BILLS
Maintain separate records for change order work costs.
Replace Section 7 with the following:
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1.01 GENERAL
Section 7 includes specifications related to your:
1. Compliance with laws
2. Responsibilities for public safety and convenience
3. Responsibilities for indemnification, insurance, and liability
7-1.02 LAWS
7-1.02A General
Comply with laws, regulations, orders, and decrees applicable to the project. Indemnify and defend the
State against any claim or liability arising from the violation of a law, regulation, order, or decree by you
or your employees. Immediately report to the Engineer a discrepancy or inconsistency between the
Contract and a law, regulation, order, or decree.
If the Department incurs any fines or penalties because of your failure to comply with a law, regulation,
order, or decree, the Department deducts the amount of the fine or penalty.
Immediately notify the Engineer if a regulatory agency requests access to the job site or to records.
Submit a list of documents provided to the agency and issued enforcement actions.
7-1.02B US Fair Labor Standards Act
Comply with 29 USC § 201 et seq.
7-1.02C Emissions Reduction
Submit to the Department the following certification before performing the work:
I am aware of the emissions reduction regulations being mandated by the California Air Resources
Board. I will comply with such regulations before commencing the performance of the work and
maintain compliance throughout the duration of this Contract.
Contract signing constitutes submittal of this certification.
7-1.02D-7-1.02H Reserved
7-1.021 Government Code
7-1.021(1) General
Reserved
7-1.021(2) Nondiscrimination
Under 2 CA Code of Regs § 11105:
1. During the performance of this contract, the recipient, contractor, and its subcontractors shall not
deny the contract's benefits to any person on the basis of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they discriminate unlawfully against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall
insure that the evaluation and treatment of employees and applicants for employment are free of
such discrimination.
2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §
12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.),
the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.
Code, §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency
to implement such article.
3. Contractor or recipient shall permit access by representatives of the Department of Fair
Employment and Housing and the awarding state agency upon reasonable notice at any time
during the normal business hours, but in no case less than 24 hours' notice, to such of its books,
records, accounts, and all other sources of information and its facilities as said Department or
Agency shall require to ascertain compliance with this clause.
4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other agreement.
5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
Under 2 CA Code of Regs § 11122:
STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT
SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all state contractors and subcontractors having a construction
contract or subcontract of$5,000 or more.
1. As used in the specifications:
a. "Act" means the Fair Employment and Housing Act.
b. "Administrator" means Administrator, Office of Compliance Programs, California Department
of Fair Employment and Housing, or any person to whom the Administrator delegates
authority;
2. Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in
each subcontract of$5,000 or more the nondiscrimination clause in this contract directly or through
incorporation by reference. Any subcontract for work involving a construction trade shall also
include the Standard California Construction Contract Specifications, either directly or through
incorporation by reference.
3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs
6(a) through (e) of these specifications.
4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom
the contractor has a collective bargaining agreement, to refer members of any group protected by
the Act shall excuse the contractor's obligations under these specifications, Government Code
Section 12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking
training hours of apprentices and trainees to be counted, such apprentices and trainees must be
employed by the contractor during the training period, and the contractor must have made a
commitment to employ the apprentices and trainees at the completion of their training, subject to
the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U.S. Department of Labor or the California Department of Industrial
Relations.
5. In order for the nonworking training hours of apprentices and trainees to be counted, such
apprentices and trainees must be employed by the contractor during the training period, and the
contractor must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U.S. Department of Labor or the
California Department of Industrial Relations.
6. The contractor shall take specific actions to implement its nondiscrimination program. The
evaluation of the contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The contractor must be able to demonstrate fully its
efforts under steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and at all facilities at which the contractor's employees are assigned to work. The
contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the contractor's obligations to maintain
such a working environment.
b. Provide written notification within seven days to the director of the DFEH when the referral
process of the union or unions with which the contractor has a collective bargaining
agreement has impeded the contractor's efforts to meet its obligations.
C. Disseminate the contractor's equal employment opportunity policy by providing notice of the
policy to unions and training, recruitment and outreach programs and requesting their
cooperation in assisting the contractor to meet its obligations; and by posting the company
policy on bulletin boards accessible to all employees at each location where construction
work is performed.
d. Ensure all personnel making management and employment decisions regarding hiring,
assignment, layoff, termination, conditions of work, training, rates of pay or other employment
decisions, including all supervisory personnel, superintendents, general foremen, on-site
foremen, etc., are aware of the contractor's equal employment opportunity policy and
obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority practices, job classifications, work assignments, and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the equal employment opportunity policy and the
contractor's obligations under these specifications are being carried out.
7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their
equal employment opportunity obligations. The efforts of a contractor association, joint contractor-
union, contractor-community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under these
specifications provided that the contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on equal employment opportunity in the industry,
ensures that the concrete benefits of the program are reflected in the contractor's workforce
participation, and can provide access to documentation that demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's.
8. The contractor is required to provide equal employment opportunity for all persons. Consequently,
the contractor may be in violation of the Fair Employment and Housing Act (Government Code
Section 12990 et seq.) if a particular group is employed in a substantially disparate manner.
9. The contractor shall not use the nondiscrimination standards to discriminate against any person
because race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status.
10. The contractor shall not enter into any subcontract with any person or firm decertified from state
contracts pursuant to Government Code Section 12990.
11. The contractor shall carry out such sanctions and penalties for violation of these specifications and
the nondiscrimination clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Government Code Section 12990 and its
implementing regulations by the awarding agency. Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Government Code Section
12990.
12. The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company equal employment opportunity policy is being carried out, to submit
reports relating to the provisions hereof as may be required by OCP and to keep records. Records
shall at least include for each employee the name, address, telephone numbers, construction
trade, union affiliation if any, employee identification number when assigned, status, (e.g.,
mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per
week in the indicated trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in any easily understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, contractors shall not be required to maintain separate
records.
7-1.02J Reserved
7-1.02K Labor Code
7-1.02K(1) General
Work on the job site must comply with Labor Code §1720 et seq. and 8 CA Code of Regs § 16000 et
seq. Work includes roadside production and processing of materials, and hauling and delivery of
ready-mixed concrete.
Payroll records include time cards, canceled checks, cash receipts, trust fund forms, books,
documents, schedules, forms, reports, receipts or other information which reflect job assignments,
work schedules by days and hours, and the disbursement of payment to workers (8 CA Code of Regs
§ 16000).
7-1.02K(2) Wages
The Department obtains the general prevailing rate of wages applicable to the work to be done. The
rate includes:
1. Basic hourly rate
2. Employer payments for health and welfare, pension, vacation, apprenticeship training fees, travel
time, and subsistence pay as provided for in Labor Code § 1773.1
3. Similar purposes
The general prevailing wage rates and any applicable changes to these wage rates are available:
1. At the Department's Labor Compliance Office of the district in which the work is located
2. From the Department of Industrial Relations' website
Post the general prevailing wage rates at a prominent place at the job site (Labor Code § 1773.2).
The wage determinations refer to expiration dates. The determinations with a single asterisk after the
expiration date, and in effect on the date of advertisement for bids, are good for the life of the Contract.
The determinations with double asterisks after the expiration date indicate the wage rate to be paid for
work performed after this date has been determined. If work is to extend past this date, pay the new
rate and incorporate it into the Contract. Changes in general prevailing wage determinations apply to
the Contract when the Director of Industrial Relations has issued them at least 10 days before
advertisement. (Labor Code § 1773.6 and 8 CA Code of Regs 16204)
The Department does not recognize any claim for additional payment because of a payment by the
Contractor of any wage rate in excess of the prevailing wage rate specified in the Contract.
The Contractor and any subcontractor must forfeit to the Department not more than $200 per day or
part of a day for each worker paid less than the prevailing wage rate and pay the worker the difference
between the prevailing wage rate and the rate paid (Labor Code § 1775). The Labor Commissioner
determines the amount of this penalty and bases the amount on:
1. Whether the failure to pay the correct prevailing wage rate was a good-faith mistake that the
Contractor or subcontractor promptly and voluntarily corrected upon notice
2. Prior record of the Contractor or subcontractor in meeting its prevailing wage obligations
3. Contractor or subcontractor's willful failure to pay the correct rate of prevailing wages
If a worker employed by a subcontractor on a public works project is not paid the general prevailing per
diem wages by the subcontractor, the Contractor is not liable for the penalties described in Section 7-
1.02K(2) unless the Contractor had knowledge of the failure to pay the correct general prevailing per
diem wages or unless the Contractor fails to comply with the following requirements (Labor Code §
1775):
1. The contract executed between the Contractor and the subcontractor for the performance of work
on the public works project must include a copy of the requirements in Labor Code §§ 1771, 1775,
1776, 1777.5, 1813, and 1815.
2. The Contractor must monitor the payment of the specified general prevailing rate of per diem
wages by periodic review of the certified payroll records of the subcontractor.
3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to
the subcontractor's workers, the Contractor must diligently take corrective action to stop or rectify
the failure, including withholding sufficient funds due the subcontractor for work performed on the
public works project.
4. Before making final payment to the subcontractor for work performed on the public works project,
the Contractor must obtain an affidavit signed under penalty of perjury from the subcontractor that
the subcontractor has paid the specified general prevailing rate of per diem wages to its employees
on the public works project and any amounts due under Labor Code § 1813.
Under Labor Code § 1775, the Department must notify the contractor on a public works project within
15 days of receipt by the Department of a complaint of the failure of a subcontractor on that public
works project to pay workers the general prevailing rate of per diem wages.
7-1.02K(3) Certified Payroll Records (Labor Code § 1776)
Keep accurate payroll records.
Submit a copy of your certified payroll records, weekly, including those of subcontractors. Include:
1. Each employee's:
1.1. Full name
1.2. Address
1.3. Social security number
1.4. Work classification
1.5. Straight time and overtime hours worked each day and week
1.6. Actual wages paid for each day to each:
1.6.1. Journeyman
1.6.2. Apprentice
1.6.3. Worker
1.6.4. Other employee you employ for the work
1.7. Pay rate
1.8. Itemized deductions made
1.9. Check number issued
1.10. Fringe Benefits
2. Apprentices and the apprentice-to-journeyman ratio
Each certified payroll record must include a Statement of Compliance form signed under penalty of
perjury that declares:
1. Information contained in the payroll record is true, correct, and complete
2. Employer has complied with the requirements of sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project
3. Wage rates paid are at least those required by the Contract
The Department allows the use of a form with identical wording as the Statement of Compliance form
provided by the Department.
Submitted certified payrolls for hauling and delivering ready-mixed concrete must be accompanied by
a written time record. The time record must include:
1. Truck driver's full name and address
2. Name and address of the factory or batching plant
3. Time the concrete was loaded at the factory or batching plant
4. Time the truck returned to the factory or batching plant
5. Truck driver's signature certifying under penalty of perjury that the information contained in this
written time record is true and correct
You may submit certified payroll records electronically to the mailbox address that corresponds to the
district in which the work is located. The districts' electronic mailbox addresses are as shown in the
following table:
Electronic Mailboxes
District Address
1 district1.payrolls@dot.ca.gov
2 district2.payrolls@dot.ca.gov
3 district3.payrolls@dot.ca.gov
4 district4.payrolls@dot.ca.gov
5 district5.payrolls@dot.ca.gov
6 district6.payrolls@dot.ca.gov
7 district7.payrolls@dot.ca.gov
8 district8.payrolls@dot.ca.gov
9 district9.payrolls@dot.ca.gov
10 district10.payrolls@dot.ca.gov
11 district11.payrolls@dot.ca.gov
12 district12.payrolls@dot.ca.gov
Before submitting the payroll records electronically, you must complete and sign the Contractor's
Acknowledgement and submit it to the district's electronic mailbox address.
The Department responds with an e-mail containing a Caltrans Internet Certificate to be used for the
electronic submission of payroll records. When you accept the certificate and reply to the e-mail, the
Department is ready to accept your electronic submissions.
Each electronic submission must:
1. Include certified payroll records in a nonmodifiable PDF file. No spreadsheets, Microsoft Word
documents, or password-protected documents are accepted.
2. Include a signed Statement of Compliance form with each weekly record.
3. Be received by the Department by close of business on the 15th day of the month for the prior
month's work.
4. Be encrypted before submission.
5. Contain the following information in the subject line:
5.1. Contract number.
5.2. Week ending date as W/E mm/dd/yy.
6. Contain 1 contract number and week ending date per submission.
For additional information on electronic submission of certified payroll records, go to the Department's
Labor Compliance website.
Make certified payroll records available for inspection at all reasonable hours at your main office on the
following basis:
1. Upon the employee's request or upon request of the employee's authorized representative, make
available for inspection a certified copy of the employee's payroll record.
2. Refer the public's requests for certified payroll records to the Department. Upon the public's
request, the Department makes available for inspection or furnishes copies of your certified payroll
records. Do not give the public access to the records at your main office.
Make all payroll records available for inspection and copying or furnish a copy upon request of a
representative of the:
1. Department
2. Division of Labor Standards Enforcement of the Department of Industrial Relations
3. Division of Apprenticeship Standards of the Department of Industrial Relations
Furnish the Department the location of the records. Include the street address, city, and county.
Furnish the Department a notification of a location and address change within 5 business days of the
change.
Comply with a request for the records within 10 days after you receive a written request. If you do not
comply within this period, the Department withholds from progress payments a $100 penalty for each
day or part of a day for each worker until you comply. You are not assessed this penalty for a
subcontractor's failure to comply with Labor Code § 1776.
The Department withholds from progress payments for delinquent or inadequate records (Labor Code
§ 1771.5). If you have not submitted an adequate record by the month's 15th day for the period ending
on or before the 1st of that month, the Department withholds up to 10 percent of the monthly progress
estimate, exclusive of mobilization. The Department does not withhold more than $10,000 or less than
$1,000.
7-1.02K(4) Apprentices
Comply with the apprentice to journeyman ratio requirements (Labor Code § 1777.5(g)).
Comply with the training contribution requirements (Labor Code § 1777.5(m)(1)).
For answers to questions, contact the Division of Apprenticeship Standards before starting work.
The Department deducts from progress payments civil penalties assessed by the Chief of the Division
of Apprenticeship Standards for violating Labor Code § 1777.5 (Labor Code § 1777.7).
7-1.02K(4)i Apprenticeship Requirements for non-Federal-Aid Projects—this Section 7-1.02K(4)i
applies to all non-Federal-Aid projects.
A. Pursuant to Sections 1770-1780 of the Labor Code of the State of California, the
Director of the Department of Industrial Relations has determined the general prevailing
rate of wages in the locality for each craft or type of worker needed to execute the work.
Said wage rates pursuant to Section 1773.2 of the Labor Code are on file with the Clerk
to the Fresno County Board of Supervisors, and will be made available to any interested
person on request. A copy of this wage scale may also be obtained at the following
Web Site: www.dir.ca.gov/dlsr.
B. Pursuant to Section 1775 of the Labor Code of the State of California, nothing in this
Article shall prevent the employment of properly registered apprentices upon public
works. Every such apprentice shall be paid the standard wage paid to apprentices
under the regulations of the craft or trade at which he/she is employed, and shall be
employed only at the work of the craft or trade to which he/she is registered.
C. Only apprentices, as defined in Section 3077, who are in training under apprenticeship
standards and written apprentice agreements under Chapter 4 (commencing at Section
3070), Division 3, of the Labor Code, are eligible to be employed on public works. The
employment and training of each apprentice shall be in accordance with the provisions
of the apprenticeship standards and apprentice agreements under which he/she is
training.
D. Fresno County is committed to increasing the availability of employment and training
opportunities, with particular attention to the plight of those who are most economically
disadvantaged. In an effort to advance that purpose, the County will require that the
Contractor and each subcontractor employed on this Project shall use their best efforts
to ensure that thirty-three percent (33%) of apprentice hours, as determined by
California Labor Code Section 1777.5 for each contractor and subcontractor of any tier
on this Project, are performed by qualified participants in state approved apprenticeship
programs who also are current or former"Welfare-to-Work" participants in the
CalWORKs program. Provided, that nothing contained in this Paragraph D shall be
interpreted to relieve or in any way diminish the obligation of the Contractor and each
subcontractor to comply fully with all applicable apprenticeship laws in accordance with
the California Labor Code and the California Code of Regulations; and accordingly such
requirements as are contractually imposed by this Paragraph D shall be in addition to
such legally mandated requirements, and applicable only to the extent fully consistent
therewith.
7-1.02K(5) Working Hours
Eight hours is a legal day's work (Labor Code § 1810).
The time of service of any worker employed on public work is limited and restricted to 8 hours in 1 day
and 40 hours in 1 calendar week, except as provided by Labor Code § 1815 (Labor Code § 1811).
A Contractor's employee may work more than 8 hours per day and 40 hours per week if the Contractor
pays the employee 1-1/2 times the basic pay rate for the hours worked in excess of 8 hours per day
and 40 hours per week (Labor Code § 1815).
For each worker employed in the work for each day the worker works more than 8 hours in 1 day and
40 hours in 1 calendar week without overtime pay, the Department deducts $25 as a penalty for
violating Labor Code § 1815 (Labor Code § 1813).
7-1.02K(6) Occupational Safety and Health Standards
7-1.02K(6)(a) General
Comply with applicable occupational safety and health standards, rules, regulations, and orders. The
Occupational Safety and Health Standards Board is the only agency authorized in the State to adopt
and enforce occupational safety and health standards (Labor Code § 142 et seq.).
You must contact the local public health service department for information concerning public health
conditions within the area of the project.
You are the controlling employer and must ensure hazardous conditions are corrected (Labor Code §
6400).
The Engineer may notify Cal/OSHA if you fail to establish or maintain a safe and healthful workplace.
Submit copies of your Injury and Illness Prevention Program and permits required by Cal/OSHA. The
program must address the use of personal and company-issued electronic devices during work. Do not
allow the use of entertainment and personal communication devices in the work zone. Workers may
use a communication device for business purposes in the work area, at a location where their safety
and the safety of other workers and the traveling public is not compromised.
The Department is not responsible for the health and safety of:
1. Contractor's personnel
2. Subcontractor's personnel
3. Supplier's personnel
4. Any other persons present at the job site at the request of you or your subcontractors.
7-1.02K(6)(b) Excavation Safety
Comply with Labor Code § 6705 while excavating. For an excavation 5 feet or more in depth, submit
shop drawings for a protective system.
The drawings must show the design and details for providing worker protection from caving ground
during excavation.
Shop drawings of protective systems for which the Construction Safety Orders require design by a
registered professional engineer must be sealed and signed by an engineer who is registered as a civil
engineer in the State.
The submittal must allow review time and include the contents shown in the following table except the
review time is 65 days for an excavation on or affecting railroad property:
Drawing Review Time and Contents
Topic Plan not requiring a signature Plan requiring a signature
Review time 5 business days before excavating 20 days before excavating
Drawings Drawings
Calculations Calculations
Material information Material information
Contents Proprietary system information Proprietary system information
Soil classification
Soil properties
Soil design calculations
7-1.02K(6)(c) Tunnel Safety
Cal/OSHA classifies tunnels into one of the following classifications:
1. Nongassy
2. Potentially gassy
3. Gassy
4. Extrahazardous
If a tunnel location is described in the Contract, the classification is included in the Information Handout
and you must:
1. Designate an on-site Safety Representative under 8 CA Code of Regs § 8406
2. Submit the name of your on-site Safety Representative at least 7 days before starting work at each
tunnel
3. Prominently post a notice at the job site of:
3.1. Tunnel classifications
3.2. Any special orders, rules, special conditions, or regulations related to tunnel work
4. Ensure your workers are informed of these classifications
Notify the Engineer at least 20 days before a worker enters a tunnel not described in the Contract. The
Department obtains the classification of the tunnel. The Engineer may suspend the work because of a
change directly resulting from the Contractor's planned activities that causes activities to fall under the
Tunnel Safety Orders of 8 CA Code of Regs § 8422.
7-1.02K(6)(d) Confined Space Safety
Comply with 8 CA Code of Regs § 5158 while working in a confined space.
7-1.02K(6)(e) Scaffolding
Reserved
7-1.02K(6)(f)-7-1.02K(6)(i) Reserved
7-1.02K(6)0) Lead Safety
7-1.02K(6)0)(i) General
Reserved
7-1.02K(6)0)(ii) Lead Compliance Plan
Section 7-1.02K(6)(j)(ii) applies if a bid item for a lead compliance plan is shown on the Bid Item List.
Regulations containing specific Cal/OSHA requirements when working with lead include 8 CA Code of
Regs § 1532.1.
Submit a plan:
1. That documents your compliance program to prevent or minimize worker exposure to lead
2. Including the items listed in 8 CA Code of Regs § 1532.1(e)(2)(B)
3. Sealed and signed by a CIH with knowledge of and experience complying with 8 CA Code of Regs
Allow 7 days for review. Obtain authorization for the plan before starting any activity that presents the
potential for lead exposure.
Before starting any activity that presents the potential for lead exposure to employees who have no
prior training, including State employees, provide a safety training program to these employees that
complies with 8 CA Code of Regs § 1532.1 and your lead compliance plan.
Submit copies of air monitoring or job site inspection reports made by or under the direction of the CIH
under 8 CA Code of Regs § 1532.1 within 10 days after the date of monitoring or inspection.
Supply personal protective equipment, training, and washing facilities required by your lead
compliance plan for 5 State employees.
7-1.02K(6)0)(iii) Earth Material Containing Lead
Reserved
7-1.02K(6)0)(iv—viii) Reserved
7-1.02K(6)(k)-7-1.02K(6)(t) Reserved
7-1.021L Public Contract Code
7-1.02L(1) General
Reserved
7-1.02L(2) Antitrust Claims
In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §
16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, services, or materials pursuant to the public works contract or the subcontract. This assignment
shall be made and become effective at the time the awarding body tenders final payment to the
contractor, without further acknowledgment by the parties. [Pub Cont Code § 7103.5 (b)]
7-1.02M Public Resources Code
7-1.02M(1) General
Reserved
7-1.02M(2) Fire Protection
Cooperate with local fire prevention authorities in eliminating hazardous fire conditions.
Obtain the phone numbers of the nearest fire suppression agency, California Department of Forestry
and Fire Protection (Cal Fire) unit headquarters, United States Forest Service (USFS) ranger district
office, and U.S. Department of Interior (USDI) BLM field office. Submit these phone numbers to the
Engineer before the start of job site activities.
Immediately report to the nearest fire suppression agency fires occurring within the project limits.
Prevent project personnel from setting open fires that are not part of the work.
Prevent the escape of and extinguish fires caused directly or indirectly by job site activities.
Except for motor trucks, truck tractors, buses, and passenger vehicles, equip all hydrocarbon-fueled
engines, both stationary and mobile including motorcycles, with spark arresters that meet USFS
standards as specified in the Forest Service Spark Arrester Guide. Maintain the spark arresters in
good operating condition. Spark arresters are not required by Cal Fire, the BLM, or the USFS on
equipment powered by properly maintained exhaust-driven turbo-charged engines or equipped with
scrubbers with properly maintained water levels. The Forest Service Spark Arrester Guide is available
at the district offices.
Each toilet must have a metal ashtray at least 6 inches in diameter by 8 inches deep half-filled with
sand and within easy reach of anyone using the facility.
Locate flammable materials at least 50 feet away from equipment service, parking, and gas and oil
storage areas. Each small mobile or stationary engine site must be cleared of flammable material for a
radius of at least 15 feet from the engine.
7-1.02M(3) Surface Mining and Reclamation Act
Imported borrow or aggregate material must come from a surface mine permitted under the Surface
Mining and Reclamation Act of 1975, Pub Res Code § 2710 et seq., or from a source not subject to
this act.
For the list of permitted sites, go to the Department of Conservation, Office of Mine Reclamation
website.
If you import borrow or aggregate material from a surface mine not on this list, submit proof that the
source is not subject to this act.
7-1.02M(4)-7-1.02M(7) Reserved
7-1.02N Reserved
7-1.020 Vehicle Code
Under Veh Code § 591, the Department determines areas within the project limits are open to public
traffic. For those areas, comply with the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the
Veh Code.
Veh Code § 591 does not relieve you or any other person from the duty of exercising due care.
7-1.02P-7-1.02Z Reserved
7-1.03 PUBLIC CONVENIENCE
Compliance with Section 7-1.03 does not relieve you of your responsibility for public safety.
Construction activities must not inconvenience the public or abutting property owners. Schedule and
conduct work to avoid unnecessary inconvenience to the public and abutting property owners. Avoid
undue delay in construction activities to reduce the public's exposure to construction.
Where possible, route traffic on new or existing paved surfaces.
Maintain convenient access to driveways, houses, and buildings. When an abutting property owner's
access across the right-of-way line is to be eliminated or replaced under the Contract, the existing
access must not be closed until the replacement access facility is usable. Construct temporary
approaches to a crossing and an intersecting highway.
Provide a reasonably smooth and even surface for use by traffic at all time during the excavation of a
roadway and construction of an embankment. Before other grading activities, place fill at culverts and
bridges to allow traffic to cross. If ordered, excavate a roadway cut in layers and construct an
embankment in partial widths at a time alternating construction from one side to the other and routing
traffic over the side opposite the one under construction. Install or construct culverts on only 1/2 the
width of the traveled way at a time; keep the traveled way portion being used by traffic open and
unobstructed until the opposite side of the traveled way is ready for use by traffic.
Upon completion of rough grading or placing any subsequent layer, bring the surface of the roadbed to
a smooth and even condition, free of humps and depressions, and satisfactory for the use of the
public.
After subgrade preparation for a specified layer of material has been completed, repair any damage to
the roadbed or completed subgrade, including damage caused by public use.
While subgrade and paving activities are underway, allow the public to use the shoulders. If half-width
paving methods are used, allow the public to use the side of the roadbed opposite the one under
construction. If enough width is available, keep open a passageway wide enough to accommodate at
least 2 lanes of traffic at locations where subgrade and paving activities are underway. Shape
shoulders or reshape subgrade as necessary to accommodate traffic during subgrade preparation and
paving activities.
Apply a dust palliative for the prevention or alleviation of dust nuisance.
If a height differential of more than 0.04 foot is created by construction activities at a joint transverse to
the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary
taper at the joint with a slope complying with the requirements shown in the following table:
Temporary Tapers
Height differential Slope (horizontal:vertical)
(foot) Taper use of 14 days or less 7 Taper use of more than 14 days
Greater than 0.08 100:1 or flatter 200:1 or flatter
0.04-0.08 70:1 or flatter 1 70:1 or flatter
For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA
under Section 39-2.07.
Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the
following conditions:
1. HMA material such as rubberized HMA, polymer-modified bonded wearing course, or open-graded
friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge
2. Taper will be in place for more than 14 days
For a taper on a bridge deck or approach slab, construct the taper with polyester concrete under
Section 60-3.04B.
The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the
lower edge of a 12-foot straightedge when placed on its surface parallel and perpendicular to traffic.
If authorized, you may use alternative materials or methods to construct the required taper.
Install signs, lights, flares, Type K temporary railing, barricades and other facilities to direct traffic.
Provide flaggers whenever necessary to direct the movement of the public through or around the work.
Flagging must comply with Section 12-1. The Department pays you for this work under Section 12-
1.04.
You are required to pay for the cost of replacing or repairing all facilities installed under change order
work for the convenience, direction, or warning of the public that are lost while in your custody or are
damaged by your operations to such an extent as to require replacement or repair.
The Engineer may order or consent to your request to open a completed Section of surfacing,
pavement, or structure roadway surface for public use. You will not be compensated for any delay to
your construction activities caused by the public. This does not relieve you from any other contractual
responsibility.
7-1.04 PUBLIC SAFETY
You are responsible to provide for public safety.
Do not construct a temporary facility that interferes with the safe passage of traffic.
Control dust resulting from the work, inside and outside the right-of-way.
Move workers, equipment, and materials without endangering traffic.
Whenever your activities create a condition hazardous to the public, furnish, erect and maintain those
fences, temporary railing, barricades, lights, signs, and other devices and take any other necessary
protective measures to prevent damage or injury to the public.
Any fences, temporary railing, barricades, lights, signs, or other devices furnished, erected and
maintained by you are in addition to those for which payment is provided elsewhere in the
specifications.
Provide flaggers whenever necessary to ensure that the public is given safe guidance through the
work zone. Flagging must comply with Section 12-1. The Department pays you for this work under
Section 12-1.04.
At locations where traffic is being routed through construction under one-way controls, move your
equipment in compliance with the one-way controls unless otherwise ordered.
Use of signs, lights, flags, or other protective devices must comply with the California MUTCD and any
directions of the Engineer. Signs, lights, flags or other protective devices must not obscure the visibility
of, nor conflict in intent, meaning, and function of either existing signs, lights and traffic control devices,
or any construction area signs.
Keep existing traffic signals and highway lighting in operation. Other forces within the Department will
perform routine maintenance of these facilities during the work.
Cover signs that direct traffic to a closed area. Except for work specified in Section 12, maintaining,
and removing the covers on construction area signs is change order work.
Install temporary illumination such that the illumination and the illumination equipment do not interfere
with public safety. The installation of general roadway illumination does not relieve you from furnishing
and maintaining any protective devices.
Equipment must enter and leave the highway via existing ramps and crossovers and must move in the
direction of traffic. All movements of workmen and construction equipment on or across lanes open to
traffic must be performed in a manner that do not endanger the public. Your vehicles or other mobile
equipment leaving an open traffic lane to enter the construction area must slow down gradually in
advance of the location of the turnoff to give the traffic following an opportunity to slow down. When
leaving a work area and entering a roadway carrying traffic, your vehicles and equipment must yield to
traffic.
Immediately remove hauling spillage from a roadway lane or shoulder open to traffic. When hauling on
roadways, trim loads and remove material from shelf areas to minimize spillage.
Notify the Engineer not less than 25 days and not more than 125 days before the anticipated start of
an activity that will change the vertical or horizontal clearance available to traffic, including shoulders.
If vertical clearance is temporarily reduced to 15.5 feet or less, place low clearance warning signs in
compliance with the California MUTCD and any directions of the Engineer. Signs must comply with the
dimensions, color, and legend requirements of the California MUTCD and Section 12-3.11 except that
the signs must have black letters and numbers on an orange retroreflective background. W12-2P signs
must be illuminated so that the signs are clearly visible.
Pave or provide full width continuous and cleared wood walks for pedestrian openings through
falsework. Protect pedestrians from falling objects and concrete-curing water. Extend overhead
protection for pedestrians at least 4 feet beyond the edge of the bridge deck. Illuminate all pedestrian
openings through falsework. Temporary pedestrian facilities must comply with the California MUTCD,
Part 6, Chapter 6D, "Pedestrian and Worker Safety."
Do not store vehicles, material, or equipment in a way that:
1. Creates a hazard to the public
2. Obstructs traffic control devices
Do not install or place temporary facilities used to perform the work which interfere with the free and
safe passage of traffic.
Temporary facilities that could be a hazard to public safety if improperly designed must comply with
design requirements described in the Contract for those facilities or, if none are described, with
standard design criteria or codes appropriate for the facility involved. Submit shop drawings and
design calculations for the temporary facilities and show the standard design criteria or codes used.
Shop drawings and supplemental calculations must be sealed and signed by an engineer who is
registered as a civil engineer in the State.
If you appear to be neglectful or negligent in furnishing warning devices and taking protective
measures, the Engineer may direct your attention to the existence of a hazard. You must furnish and
install the necessary warning devices. If the Engineer points out the inadequacy of warning devices
and protective measures, that action on the part of the Engineer does not relieve you from your
responsibility for public safety or abrogate your obligation to furnish and pay for these devices and
measures.
Install Type K temporary railing or other authorized protective systems under any of the following
conditions:
1. Excavations: Where the near edge of the excavation is within 15 feet from the edge of an open
traffic lane
2. Temporarily unprotected permanent obstacles: When the work includes the installation of a fixed
obstacle together with a protective system, such as a sign structure together with protective railing,
and you elect to install the obstacle before installing the protective system; or you, for your
convenience and as authorized, remove a portion of an existing protective railing at an obstacle
and do not replace such railing completely the same day
3. Storage areas: When material or equipment is stored within 15 feet of the edge of an open traffic
lane and the storage is not otherwise prohibited by the Contract
4. Height differentials: When construction operations create a height differential greater than 0.15 feet
within 15 feet of the edge of traffic lane
Installation of Type K temporary railing is not required if an excavation within 15 feet from the edge of
an open traffic lane is protected by any of the following:
1. Steel plate or concrete covers of adequate thickness to prevent accidental entry by traffic or the
public
2. Side slope where the downhill slope is 4:1 (horizontal:vertical) or less unless a naturally occurring
condition
3. Barrier or railing
Offset the approach end of Type K temporary railing a minimum of 15 feet from the edge of an open
traffic lane. Install the temporary railing on a skew toward the edge of the traffic lane of not more than 1
foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15-foot
minimum offset cannot be achieved, the temporary railing must be installed on the 10 to 1 skew to
obtain the maximum available offset between the approach end of the railing and the edge of the traffic
lane, and an array of temporary crash cushion modules must be installed at the approach end of the
temporary railing.
Secure Type K temporary railing in place before starting work for which the temporary railing is
required.
If a traffic lane is closed with channelizers for excavation work, move the devices to the adjacent edge
of the traveled way when not excavating. Space the devices as specified for the closure.
Do not move or temporarily suspend anything over a traffic lane open to the public unless the public is
protected.
7-1.05 INDEMNIFICATION
7-1.05A General
You must defend, indemnify, and save harmless the State, including its officers, employees, and
agents (excluding agents who are design professionals), from any and all claims, demands, causes of
action, damages, costs, expenses, actual attorneys' fees, losses or liabilities, in law or in equity
(Section 7-1.05 Claims) arising out of or in connection with your performance of this Contract for:
1. Bodily injury including, but not limited to, bodily injury, sickness or disease, emotional injury or
death to persons, including, but not limited to, the public, any employees or agents of you, the
State, or any other contractor; and
2. Damage to property of anyone including loss of use thereof; caused or alleged to be caused in
whole or in part by any negligent or otherwise legally actionable act or omission of you or anyone
directly or indirectly employed by you or anyone for whose acts you may be liable.
Except as otherwise provided by law, these requirements apply regardless of the existence or degree
of fault of the State. You are not obligated to indemnify the State for Claims arising from conduct
delineated in Civ Code § 2782 and for Claims arising from any defective or substandard condition of
the highway that existed at or before the start of work, unless this condition has been changed by the
work or the scope of the work requires you to maintain existing highway facilities and the Claim arises
from your failure to maintain. Your defense and indemnity obligation shall extend to Claims arising
after the work is completed and accepted if the Claims are directly related to alleged acts or omissions
by you that occurred during the course of the work. Any inspection of the work by the State is not a
waiver of full compliance with these requirements.
Your obligation to defend and indemnify is not excused because of your inability to evaluate liability or
because you evaluate liability and determine that you are not liable. You must respond within 30 days
to the tender of any Claim for defense and indemnity by the State, unless this time has been extended
by the State. If you fail to accept or reject a tender of defense and indemnity within 30 days, in addition
to any other remedy authorized by law, the Department may withhold such funds the State reasonably
considers necessary for its defense and indemnity until disposition has been made of the Claim or until
the Contractor accepts or rejects the tender of defense, whichever occurs first.
With respect to third-party claims against you, you waive all rights of any type to express or implied
indemnity against the State, its officers, employees, or agents (excluding agents who are design
professionals).
Nothing in the Contract is intended to establish a standard of care owed to any member of the public or
to extend to the public the status of a third-party beneficiary for any of these indemnification
specifications.
7-1.0513 Responsibility to Other Entities
You are responsible for any liability imposed by law and for injuries to or death of any person, including
workers and the public, or damage to property. Indemnify and save harmless any county, city or district
and its officers and employees connected with the work, within the limits of which county, city, or
district the work is being performed, all in the same manner and to the same extent specified for the
protection of the State.
7-1.05C Other
You are responsible to the fullest extent allowed by law, to defend and indemnify the State for any and
all injury, illness, disease, or death arising out of or caused by an organism, including but not limited to
animals, microscopic bacteria, fungi, plants and the like, to which persons, including but not limited to
the public, any employees or agents of yours, the State, or any other contractors that are exposed in
connection with the work on the project.
7-1.06 INSURANCE
7-1.06A General
Nothing in the Contract is intended to establish a standard of care owed to any member of the public or
to extend to the public the status of a third-party beneficiary for any of these insurance specifications.
7-1.0613 Casualty Insurance
Obtain and maintain insurance on all of your operations with companies acceptable to the State as
follows:
1. Keep all insurance in full force and effect from the start of the work through Contract acceptance.
2. All insurance must be with an insurance company with a rating from A.M. Best Financial Strength
Rating of A- or better and a Financial Size Category of VI or better.
3. Maintain completed operations coverage with a carrier acceptable to the State through the
expiration of the patent deficiency in construction statute of repose set forth in Civ Pro Code §
337.1.
7-1.06C Workers' Compensation and Employer's Liability Insurance
Under Labor Code § 1860, secure the payment of worker's compensation under Labor Code § 3700.
Submit to the Department the following certification before performing the work (Labor Code § 1861):
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
Contract signing constitutes your submittal of this certification.
Provide Employer's Liability Insurance in amounts not less than:
1. $1,000,000 for each accident for bodily injury by accident
2. $1,000,000 policy limit for bodily injury by disease
3. $1,000,000 for each employee for bodily injury by disease
If there is an exposure of injury to your employees under the US Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime
employees, coverage must be included for such injuries or claims.
7-1.06D Liability Insurance
7-1.06D(1) General
Carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on
behalf of you providing insurance for bodily injury liability and property damage liability for the following
limits and including coverage for:
1. Premises, operations and mobile equipment
2. Products and completed operations
3. Broad form property damage (including completed operations)
4. Explosion, collapse, and underground hazards
5. Personal injury
6. Contractual liability
7-1.06D(2) Liability Limits/Additional Insureds
The limits of liability must be at least the values shown in the following table:
Liability Limits
Total bid For each Aggregate for General Umbrella or
occurrences products/completed aggregateb excess liability°
operation
<_ $1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000
> $1,000,000
:5 $1,000,000 $2,000,000 $2,000,000 $10,000,000
$10,000,000
$10,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000
$25,000,000
> $2,000,000 $2,000,000 $4,000,000 $25,000,000
$25,000,000
sCombined single limit for bodily injury and property damage.
bThis limit must apply separately to your work under this Contract.
°The umbrella or excess policy must contain a clause stating that it takes effect (drops down)
in the event the primary limits are impaired or exhausted.
Do not require a small business subcontractor to carry liability insurance that exceeds the limits shown
in the preceding table. For a small business subcontractor, interpret Total Bid in the table as the dollar
amount of subcontracted work.
As used in Section 7-1.06D(2), a small business:
1. For a non-federal-aid contract is defined in 2 CA Code of Regs § 1896 and is incorporated by this
reference
2. For a federal-aid contract is defined in 13 CFR 121.201 and is incorporated by this reference
The State, including its officers, directors, agents (excluding agents who are design professionals), and
employees, must be named as additional insureds under the General Liability and Umbrella Liability
Policies with respect to liability arising out of or connected with work or operations performed by or on
behalf of you under this Contract. Coverage for such additional insureds does not extend to liability:
1. Arising from any defective or substandard condition of the roadway which existed at or before the
time you started work, unless such condition has been changed by the work or the scope of the
work requires you to maintain existing roadway facilities and the claim arises from your failure to
maintain;
2. For claims occurring after the work is completed and accepted unless these claims are directly
related to alleged acts or omissions of you that occurred during the course of the work; or
3. To the extent prohibited by Ins Code § 11580.04.
Additional insured coverage must be provided by a policy provision or by an endorsement providing
coverage at least as broad as Additional Insured (Form B) endorsement form CG 2010, as published
by the Insurance Services Office (ISO), or other form designated by the Department.
7-1.06D(3) Contractor's Insurance Policy is Primary
The policy must stipulate that the insurance afforded the additional insureds applies as primary
insurance. Any other insurance or self-insurance maintained by the State is excess only and must not
be called upon to contribute with this insurance.
7-1.06E Automobile Liability Insurance
Carry automobile liability insurance, including coverage for all owned, hired, and nonowned
automobiles. The primary limits of liability must be not less than $1,000,000 combined single limit for
each accident for bodily injury and property damage. The umbrella or excess liability coverage
required under Section 7-1.06D(2) also applies to automobile liability.
7-1.06F Policy Forms, Endorsements, and Certificates
Provide your General Liability Insurance under Commercial General Liability policy form no. CG0001
as published by the Insurance Services Office (ISO) or under a policy form at least as broad as policy
form no. CG0001.
7-1.06G Deductibles
The State may expressly allow deductible clauses, which it does not consider excessive, overly broad,
or harmful to the interests of the State. Regardless of the allowance of exclusions or deductions by the
State, you are responsible for any deductible amount and must warrant that the coverage provided to
the State complies with Section 7-1.06.
7-1.06H Enforcement
The Department may assure your compliance with your insurance obligations. Ten days before an
insurance policy lapses or is canceled during the Contract period you must submit to the Department
evidence of renewal or replacement of the policy.
If you fail to maintain any required insurance coverage, the Department may maintain this coverage
and withhold or charge the expense to you or terminate your control of the work.
You are not relieved of your duties and responsibilities to indemnify, defend, and hold harmless the
State, its officers, agents, and employees by the Department's acceptance of insurance policies and
certificates.
The minimum insurance coverage amounts do not relieve you for liability in excess of such coverage,
nor do they preclude the State from taking other actions available to it, including the withholding of
funds under this Contract.
7-1.061 Self-Insurance
Self-insurance programs and self-insured retentions in insurance policies are subject to separate
annual review and approval by the State.
If you use a self-insurance program or self-insured retention, you must provide the State with the same
protection from liability and defense of suits as would be afforded by first-dollar insurance. Execution of
the Contract is your acknowledgment that you will be bound by all laws as if you were an insurer as
defined under Ins Code § 23 and that the self-insurance program or self-insured retention shall operate
as insurance as defined under Ins Code § 22.
7-1.07 LEGAL ACTIONS AGAINST THE DEPARTMENT
7-1.07A General
If legal action is brought against the Department over compliance with a State or federal law, rule, or
regulation applicable to highway work, then:
1. If the Department in complying with a court order prohibits you from performing work, the resulting
delay is a suspension related to your performance, unless the Department terminates the Contract.
2. If a court order other than an order to show cause or the final judgment in the action prohibits the
Department from requiring you to perform work, the Department may delete the prohibited work or
terminate the Contract.
7-1.11 FEDERAL LAWS FOR FEDERAL-AID CONTRACTS
7-1.11A General
Section 7-1.11 includes specifications required in a federal-aid construction contract and applies to a
federal-aid contract.
Comply with 46 CFR 381.7(a)—(b).
A copy of form FHWA-1273 is included in Section 7-1.11 B. The Department specifies the provisions in
Section 7-1.11 D of the Standard Specifications.
Interpret each FHWA-1273 clause shown in the following table as having the same meaning as the
corresponding Department clause:
FHWA-1273 Nondiscrimination Clauses
FHWA-1273 FHWA-1273 clause Department clause
Section
In the event a special provision for training is If Section 7-1.11 D
Training and provided under this contract, this applies, Section 7-1.11 D
Promotion subparagraph will be superseded as supersedes this
indicated in the special provision. subparagraph.
If on-the-job training is being required by If the Contract requires
Records and special provision, the contractor will be on-the-job training,
Reports required to collect and report training data. collect and report training
data.
7-1.11 B FHWA-1273
FHWA-1273— Revised May 1.2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3 A breach of any of the stipulations contained in these
II. Nondiscnmination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract.suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA
VI Subletting or Assigning the Contract
VII, Safety Accident Prevention 4 Selection of Labor During the performance of this contract.
VIII False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convects who are on
X Compliance with Governmentwide Suspension and parole,supervised release,or probation- The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI Certification Regarding Use of Contract Funds for local roads or rural minor collectors
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10.000 or more The
provisions of 23 CFR Part 230 are not applicable to material
supply.engineering.or architectural service contracts.
1. GENERAL
In addition.the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246.41 CFR 60.
construction contract funded under Title 23(excluding 29 CFR 1625-1627. Title 23 USC Section 140.the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973. as amended(29 USC 794).Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964.as amended, and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21.26 and 27.and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200. 230,and 633-
and other agreements for supplies or services)
The contractor and all subcontractors must comply with the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1 4(b)and.for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider
Note. The U S Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts.in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29
subcontracts(excluding subcontracts for design services. CFR 1625-1627. The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services)- The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973.as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794).and Title VI of the Civil Rights Act of
or service provider. 1964,as amended, and related regulations including 49 CFR
Parts 21,26 and 27, and 23 CFR Parts 200,230,and 633-
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not X with appropriate revisions to conform to the U.S.
referenced)in all contracts.subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders. rental agreements
and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2 Subject to the applicability criteria noted in the following under laws. executive orders,rules, regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630. 29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein, and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work.or by subcontract, action standards for the contractor's project activities under
1
this contract The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq )set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation "An Equal Opportunity Employer" All such
contract. In the execution of this contract.the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO which the project work force would normally be derived
a The contractor will work with the contracting agency and a- The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement. conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women To
of activities under the contract meet this requirement,the contractor will identify sources of
potential minority group employees.and establish with such
b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement applicants may be referred to the contractor for employment
consideration.
"it is the policy of this Company to assure that applicants
are employed,and that employees are treated during b In the event the contractor has a valid bargaining
employment,without regard to their race.religion sex, color, agreement providing for exclusive hiring hall referrals.the
national origin,age or disability Such action shall include contractor is expected to observe the provisions of that
employment, upgrading. demotion. or transfer. recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising.layoff or termination, rates of pay or compliance with EEO contract provisions Where
other forms of compensation. and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training" contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees
so
5. Personnel Actions:Wages,working conditions.and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered. and
staff who are authorized to hire.supervise. promote. and personnel actions of every type.including hiring.upgrading.
discharge employees.or who recommend such action.or who promotion,transfer,demotion. layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of. and will implement,the contractor's EEO policy origin age or disability. The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed_
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a The contractor will conduct periodic inspections of project
minimum sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices
the EEO Officer
c. The contractor will periodically review selected personnel
b All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action_ If the review indicates that the
thirty days following their reporting for duty with the contractor discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints.and will take appropriate corrective action
d Notices and posters setting forth the contractor's EEO within a reasonable time If the investigation indicates that the
policy will be placed in areas readily accessible to employees. discrimination may affect persons other than the complainant.
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform
e The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks.or 6.Training and Promotion:
other appropriate means
a The contractor will assist in locating,qualifying.and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship.
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C. 140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women,
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
3
will be required to collect and report training data. The of paragraph 1.d.of this section:also, regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July which cover the particular weekly period. are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed.without regard to
This provision is applicable to all Federal-aid construction skill. except as provided in 29 CFR 5.5(a)(4) Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more may be compensated at the rate specified for each
classification for the time actually worked therein: Provided.
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed
the basis of race, color,religion, sex.or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location. under the contractor's control.where it can be easily seen by the workers.
the facilities are segregated The term"facilities"includes
waiting rooms.work areas.restaurants and other eating areas. b(1)The contracting officer shall require that any class of
time clocks. restrooms,washrooms. locker rooms,and other laborers or mechanics.including helpers.which is not listed in
storage or dressing areas.parking lots.drinking fountains. the wage determination and which is to be employed under the
recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage
provided for employees. The contractor shall provide separate determination,The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes
therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination,and
projects exceeding S2.000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size) The (i)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry.and
way of a roadway that is functionally classified as Federal-aid
highway This excludes roadways functionally classified as
local roads or rural minor collectors.which are exempt (ii)The proposed wage rate,including any bona fide
Contracting agencies may elect to apply these requirements to fringe benefits.bears a reasonable relationship to the
other projects. wage rates contained in the wage determination
The following provisions are from the U S. Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification (if known),or their
related matters-with minor revisions to conform to the FHWA- representatives, and the contracting officer agree on the
1273 format and FHWA program requirements. classification and wage rate(including the amount
designated for fringe benefits where appropriate). a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division. Employment
Standards Administration, U.S. Department of Labor.
a All laborers and mechanics employed or working upon Washington. DC 20210 The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less representative,will approve,modify.or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is
under the Copeland Act 129 CFR part 3)).the full amount of necessary
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives.
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof. regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate).the
and mechanics. contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer.to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination The Wage and Hour Administrator. or an
Act on behalf of laborers or mechanics are considered wages authorized representative.will issue a determination within
paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or
4
will notify the contracting officer within the 30-day period that Bacon Act.the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable.
that the plan or program is financially responsible.and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
appropriate)determined pursuant to paragraphs 1.b(2)or laborers or mechanics affected, and records which show the
1 b(3)of this section, shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
work in the classification under this contract from the first benefits Contractors employing apprentices or trainees under
day on which work is performed in the classification. approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c Whenever the minimum wage rate prescribed in the trainees.and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs
benefit which is not expressed as an hourly rate.the contractor
shall either pay the benefit as stated in the wage determination b(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof, the contracting agency The payrolls submitted shall set out
accurately and completely all of the information required to be
d If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social
other third person.the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee I
under a plan or program. Provided. That the Secretary of e g ,the last four digits of the employee's social security
Labor has found.upon the written request of the contractor, number). The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired Optional Form WH-347 is
been met The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http//www,dol gov/esatwhd/forrnstwh3471nstr htm
obligations under the plan or program or its successor site, The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements It is not a violation of this section for a prime
contract with the same prime contractor.or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements.which is held by the same prime contractor, so records.without weekly submission to the contracting agency
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics. (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees, and helpers,employed by the -Statement of Compliance.-signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any of the persons employed
laborer or mechanic,including any apprentice.trainee, or payment P P Dyed under the contract and shall
helper,employed or working on the site of the work. all or part certify the following:
of the wages required by the contract,the contracting agency
may, after written notice to the contractor.take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(0)of
payment, advance.or guarantee of funds until such violations Regulations.29 CFR part 5.the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations.29
CFR part 5.and that such information is correct and
3. Payrolls and basic records complete.
a_ Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each
helper,apprentice, and trainee)employed on the contract
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly
a wages earned.without rebate.either directly or indirectly.
and mechanics working at the site of the work. Such records
and that n
shall contain the name.address.and social security number of deductions have been made either directly or
each such worker. his or her correct classification, hourly rates indirectly from the full wages earned.other than
permissible deductions as set forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs
part 3
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (in) That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract
plan or program described in section 1(b)(2)(B)of the Davis-
5
(3)The weekly submission of a properly executed rate specified in the applicable wage determination
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program If the
-Statement of Compliance-required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits.
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification If the Administrator determines that a different
Practice prevails for the applicable apprentice classification,
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination.
title 31 of the United States Code
In the event the Office of Apprenticeship Training. Employer
c. The contractor or subcontractor shall make the records and Labor Services.or a State Apprenticeship Agency
required under paragraph 3 a of this section available for recognized by the Office,withdraws approval of an
inspection.copying. or transcription by authorized apprenticeship program,the contractor will no longer be
Permitted to utilize apprentices at less than the applicable
representatives of the contracting agency,the State DOT,the
FHWA, or the Department of Labor. and shall permit such Predetermined rate for the work performed until an acceptable
representatives to interview employees during working hours Program is approved
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may. b. Trainees(programs of the USDOL).
after written notice to the contractor.the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5,16.trainees will not be
cause the suspension of any further payment. advance, or permitted to work at less than the predetermined rate for the
guarantee of funds Furthermore,failure to submit the required work performed unless they are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12.
approval,evidenced by formal certification by the U.S.
Department of Labor.Employment and Training
4. Apprentices and trainees Administration.
a Apprentices(programs of the USDOL) The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration.
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U S Department of in the approved program for the trainee's level of progress.
Labor. Employment and Training Administration. Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training.Employer and Labor Services. or with specified in the applicable wage determination Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits.trainees shall be paid the full amount of fringe
program,who is not individually registered in the program. but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training. Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice determination which provides for less than full fnnge benefits
for apprentices Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan
s site in any craft classification hall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor the entire work force under be paid not less than the applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed
In addition.any trainee performing work on the job site in
apprentice wage rate,who is not registered or otherwise
e excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the
shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition.any wage determination for the work actually performed.
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program.the contractor will no
for the work actually performed Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered the ratios and wage acceptable program is approved
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity The utilization of
program shall be observed.
apprentices.trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246.as amended. and 29
specified in the registered program for the apprentice's level of CFR part 30
progress,expressed as a percentage of the journeymen hourly
6
d Apprentices and Trainees)programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act-These clauses shall be inserted in addition to
particular programs. The ratio of apprentices and trainees to the clauses required by 29 CFR 5 5(a)or 29 CFR 4 6 As
journeymen shall not be greater than permitted by the terms of used in this paragraph.the terms laborers and mechanics
the particular program include watchmen and guards.
5. Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6. Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less
subcontracts The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek
with all the contract clauses in 29 CFR 5.5.
2.Violation;liability for unpaid wages;liquidated
7. Contract termination: debarment. A breach of the damages In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1 )of this section,the contractor and any
of the contract, and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5 12 unpaid wages In addition. such contractor and subcontractor
shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory.to such
8. Compliance with Davis-Bacon and Related Act District or to such territory).for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1.3.and 5 individual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract guards. employed in violation of the clause set forth in
paragraph (1 )of this section. in the sum of S10 for each
9. Disputes concerning labor standards. Disputes arising calendar day on which such individual was required or
out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
be subject to the general disputes clause of this contract. Such clause set forth in paragraph (1.)of this section.
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5,6,and
7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U S. Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work performed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
a By entering into this contract.the contractor certifies that Hours and Safety Standards Act.which is held by the same
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5,12(a)(1) provided in the clause set forth in paragraph(2)of this
section
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue 4. Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1-)
through (4,)of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
c. The penalty for making false statements is prescribed in the subcontracts. The prime contractor shall be responsible for
U.S Criminal Code, 18 U.S C. 1001, compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through (4)of this
section
7
evidenced in writing and that it contains all pertinent provisions
VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract
This provision is applicable to all Federal-aid construction 5 The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System not applicable to design-build contracts however. contracting
agencies may establish their own self-performance
1 The contractor shall perform with its own organization requirements
contract work amounting to not less than 30 percent(or a
greater percentage if specified elsewhere in the contract)of
the total original contract price, excluding any specialty items VII. SAFETY: ACCIDENT PREVENTION
designated by the contracting agency- Specialty items may be
performed by subcontract and the amount of any such This provision is applicable to all Federal-aid construction
specialty items performed may be deducted from the total contracts and to all related subcontracts
original contract price before computing the amount of work
required to be performed by the contractor's awn organization 1 In the performance of this contract the contractor shall
(23 CFR 635 116) comply with all applicable Federal. State,and local laws
governing safety.health. and sanitation(23 CFR 635) The
a The term"perform work with its own organization-refers contractor shall provide all safeguards, safety devices and
to workers employed or leased by the prime contractor.and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines. or as the contracting officer may determine.to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor. or any other assignees The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements Leased 2 It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
contractor meets all of the following conditions pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee.in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees. health or safety.as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees, of Labor.in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U S C 3704)
exclude individual employees from work on the project. and
(4)the prime contractor remains ultimately responsible for 3- Pursuant to 29 CFR 1926 3,it is a condition of this contract
the payment of predetermined minimum wages.the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof, shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b "Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge.abilities.or Contract Work Hours and Safety Standards Act(40
equipment not ordinarily available in the type of contracting U S.C,3704).
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph (1)of Section VI is computed includes the cost of This provision is applicable to all Federal-aid construction
material and manufactured products which are to be contracts and to all related subcontracts
purchased or produced by the contractor under the contract
provisions- In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3. The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers, contractors.suppliers.and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly,
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification. distortion.or
awn organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines is project is a violation of Federal law To prevent any
necessary to assure the performance of the contract misunderstanding regarding the seriousness of these and
similar acts. Form FHWA-1022 shall be posted on each
4 No portion of the contract shall be sublet. assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer.or authorized representative, and such with the project.
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is
8
'Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if anytime the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." "suspended,""ineligible,""participant,""person," "principal,"
and"voluntarily excluded,"as used in this clause,are defined
in 2 CFR Parts 180 and 1200. `First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers tothe participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a. By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https7//www.epis.aov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
9
i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j Except for transactions authorized under paragraph(f)of changed circumstances
these instructions, rf a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d. The terms"covered transaction.""debarred,"
person who is suspended.debarred.ineligible,or voluntarily "suspended.""ineligible.""participant.""person.""principal."
excluded from participation in this transaction.in addition to and"voluntarily excluded."as used in this clause. are defined
other remedies available to the Federal Government.the in 2 CFR Parts 180 and 1200 You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default copy of those regulations "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction (such as subcontracts) "First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a The prospective first tier participant certifies to the best of (such as the prime or general contractor) "Lower Tier
its knowledge and belief.that it and its principals- Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred, suspended proposed for Tier Participants(such as subcontractors and suppliers)
debarment. declared ineligible.or voluntarily excluded from
participating in covered transactions by any Federal e. The prospective lower tier participant agrees by
department or agency: submitting this proposal that,should the proposed covered
transaction be entered into.it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred.suspended.declared ineligible, or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain.or performing authorized by the department or agency with which this
a public(Federal.State or local)transaction or contract under transaction originated
a public transaction:violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f The prospective lower tier participant further agrees by
bribery,falsification or destruction of records.making false submitting this proposal that it will include this clause titled
statements.or receiving stolen property, "Certification Regarding Debarment,Suspension.Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction."
(3) Are not presently indicted for or otherwise criminally or without modification in all lower tier covered transactions and
civilly charged by a governmental entity(Federal.State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25.000 threshoid
paragraph(a)(2)of this certification,and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred, suspended,ineligible, or
(Federal,State or local)terminated for cause or default voluntarily excluded from the covered transaction. unless it
knows that the certification is erroneous. A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification.such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal transactions To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants.each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(httos.//www.eDls.aov/).which is
(Applicable to all subcontracts_purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost S25.000 or more-2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction i Except for transactions authorized under paragraph a of
was entered into. If it is later determined that the prospective these instructions. if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended, debarred, ineligible. or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction.in addition to
other remedies available to the Federal Government.the
10
department or agency with which this transaction originated
may pursue available remedies.including suspension andlor
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1.The prospective lower tier participant certifies,by
submission of this proposal.that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to
certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100.000(49 CFR 20)
1,The prospective participant certifies.by signing and
submitting this bid or proposal.to the best of his or her
knowledge and belief.that
a No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of
any Federal agency. a Member of Congress. an officer or
employee of Congress,or an employee of a Member of
Congress in connection with the awarding of any Federal
contract,the making of any Federal grant the making of any
Federal loan.the entering into of any cooperative agreement,
and the extension_continuation.renewal. amendment.or
modification of any Federal contract,grant,loan, or
cooperative agreement
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency.a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in
connection with this Federal contract.grant.loan,or
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL."Disclosure Form to Report
Lobbying."in accordance with its instructions_
2 This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S C 1352 Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure
3 The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts,which exceed S100,000 and that all such
recipients shall certify and disclose accordingly
?1
7-1.11C Female and Minority Goals
Reserved
7-1.11 D Training
Reserved
PAYMENT
Replace Section 9-1.16F with:
9-1.16F Retentions
The Department, once in each month, shall cause an estimate in writing to be made by the Engineer.
The estimate shall include the total amount of work done and acceptable materials furnished, provided
the acceptable materials are listed as eligible for partial payment as materials in the special provisions
and are furnished and delivered by the Contractor on the ground and not used or are furnished and
stored for use on the contract, if the storage is within the State of California and the Contractor
furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the
control of the Department, to the time of the estimate, and the value thereof. The estimate shall also
include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor
less than 5 calendar days, not including Saturdays, Sundays and legal holidays, before the preparation
of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case exceed the amount
thereof which has been reported by the Contractor to the Engineer on State-furnished forms properly
filled out and executed, including accompanying documentation as therein required, less the amount of
the material incorporated in the work to the time of the estimate. Only materials to be incorporated in
the work will be considered. The estimated value of the material established by the Engineer will in no
case exceed the contract price for the item of work for which the material is furnished.
The Department shall retain 5 percent of the estimated value of the work done and 5 percent of the
value of materials so estimated to have been furnished and delivered and unused or furnished and
stored as aforesaid as part security for the fulfillment of the contract by the Contractor. The
Department will not hold retention for mobilization or demobilization.
The Department shall pay monthly to the Contractor, while carrying on the work, the balance not
retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or
retained under the provisions of the contract. No monthly estimate or payment shall be required to be
made when, in the judgment of the Engineer, the work is not proceeding in accordance with the
provisions of the contract.
No monthly estimate or payment shall be construed to be an acceptance of any defective work or
improper materials.
Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided
in Business and Professions Code Sections 7028.15(a) and 7031.
Add Section 9-1.23:
9-1.23
RESOLUTION OF CONTRACT CLAIMS
Public works contract claims of three hundred seventy-five thousand dollars ($375,000) or less which
arise between a Contractor and a local public agency shall be resolved in accordance with the provisions
of California Public Contract Code Sections 20104-20104.6, inclusive. In addition, California Public
Contract Code Section 9204 requires that the procedure established therein shall apply to all claims (as
therein defined)filed by a contractor in connection with a public works project. Accordingly, this contract
expressly incorporates all of the terms and conditions of those statutory provisions, which are as follows:
California Public Contract Code Section 9204
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to
ensure that all construction business performed on a public works project in the state that is complete
and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section
10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5
(commencing with Section 20104) of Chapter 1 of Part 3, this Section shall apply to any claim by a
contractor in connection with a public works project.
(c) For purposes of this Section:
(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail
with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penaltiesfor
delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or onbehalf
of, the contractor pursuant to the contract for a public works project and paymentfor which
is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who has entered into a
direct contract with a public entity for a public works project.
(3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a
stateagency, department, office, division, bureau, board, or commission, the California
State University, the University of California, a city, including a charter city, county,
including a charter county, city and county, including a charter city and county, district,
special district, public authority, political subdivision, public corporation, or nonprofit transit
corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
(B)"Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the
jurisdictionof that department.
(ii) The Department of Transportation as to any project under the jurisdiction
ofthat department.
(iii) The Department of Parks and Recreation as to any project under the
jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project
under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of
Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that
department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
(5) "Subcontractor" means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code who
either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this Section, the public entity to which the claim
appliesshall conduct a reasonable review of the claim and, within a period not to
exceed 45 days, shall provide the claimant a written statement identifying what portion
of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a
public entity and a contractor may, by mutual agreement, extend the time period
provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a
written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day
period, or extension, expires to provide the claimant a written statement identifying the
disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. If the public
entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to
respond to a claim issued pursuant to this Section within the time prescribed, the
claimant maydemand in writing an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the public entity shall
schedule a meet and confer conference within 30 daysfor settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer
conference, if the claim or any portion of the claim remains in dispute, the public entity
shall provide the claimant a written statement identifying the portion of the claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the claim shall be processed and made within 60 days after the
public entity issues its written statement. Any disputed portion of the claim, as identified
by the contractor in writing, shall be submitted to nonbinding mediation, with the public
entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate with regard to the disputed portion of the claim.
Each partyshall bear the fees and costs charged by its respective mediator in
connection with the selection of the neutral mediator. If mediation is unsuccessful, the
parts of the claim remaining in dispute shall be subject to applicable procedures
outside this Section.
(C) For purposes of this Section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an
independentthird party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the
timeframes in thisSection.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the
mediation conducted pursuant to this Section shall excuse any further obligation
underSection 20104.4 to mediate after litigation has been commenced.
(E) This Section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program, if mediation
under this Section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this Section shall
result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the
public entity's failure to have responded to a claim, or its failure to otherwise meet the time
requirements of this Section, shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this Section shall bear interest at 7
percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against
a public entity because privity of contract does not exist, the contractor may present to the
public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor
may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor,
that the contractor present a claim for work which was performed by the subcontractor or by a
lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
claim be presented to the public entity shall furnish reasonable documentation to support the
claim. Within 45 days of receipt of this written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the claim to the public entity
and, if the original contractor did not present the claim, provide the subcontractor with a
statement of the reasons for not having done so.
(e) The text of this Section or a summary of it shall be set forth in the plans or specifications for any
public works project that may give rise to a claim under this Section.
(f) A waiver of the rights granted by this Section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation
and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and
(2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures
and requirements in addition to the provisions of this Section, so long as the contractual provisions do
not conflict with or otherwise impair the timeframes and procedures set forth in this Section.
(g) This Section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this Section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its
contractual obligations.
(i) This Section shall remain in effect only until January 1, 2027, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
California Public Contract Code Sections 20104—20104.6
Section 20104
(a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars
($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and
a public agency when the public agency has elected to resolve any disputes pursuant to Article
7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" means "public works contract" as defined in Section 1101 but does not include
any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment
of money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
Section 20104.2
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing
to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of
receipt of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 15 days after receipt of the further documentation or within a period of
time no greater than that taken by the claimant in producing the additional information,
whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims
within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim,
any additional documentation supporting the claim or relating to defenses to the claim the local agency
may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 30 days after receipt of the further documentation, or within a period of
time no greater than that taken by the claimant in producing the additional information or
requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days
of receipt of the local agency's response or within 15 days of the local agency's failure to respond
within the time prescribed, respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall
be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the
time that claim is denied as a result of the meet and confer process, including any period of time
utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6
of Title 1 of the Government Code.
Section 20104.4
The following procedures are established for all civil actions filed to resolve claims subject to this
article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded
within 15 days from the commencement of the mediation unless a time requirement is extended upon
a good cause showing to the court or by stipulation of both parties. If the parties fail to select a
mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with
Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be
paid equally by the parties, except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall these fees or expenses be paid by
state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the
Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de
novo but does not obtain a more favorable judgment shall, in addition to payment of costs and
fees under that chapter, pay the attorney's fees of the other party arising out of the trial de
novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
Section 20104.6
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as
otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
-- END OF SPECIAL PROVISIONS --
@ I��'�"WIb$B®� 1559 N.McCall Ave Proposal
Sanger,Ca.93657
i�o�je
��0� 559 323-0216
Estimate No.
SBA#: 1125843 DIR#:1000005617 5/3/2021 186
Name/Address
COUNTY OF FRESNO
PETERSON ROAD REPAIRS
PROJECT : PETERSON ROAD REPAIRS
TRAFFIC CONTROL- LS(By County of Fresno) 0.00 0.00
MOBILIZATION - EA 1 23,000.00 23,000.00
SWPPP - LS 1 43,183.00 43,183.00
24"CMP CULVERT W/INLETS AND FLARED ENDS- LF 80 273.3625 21,869.00
RIP RAP-CY 25 172.52 4,313.00
REMOVE ASPHALT/GRIND/ -CY 188 40.25 7,567.00
ROADWAY EXCAVATION/ BACKFILL COMPACT SLOPE-CY 1,190 23.00 27,370.00
EXPORT SPOILS-CY 1,070 34.50 36,915.00
ROCK BLASTING/REMOVAL(IF NEEDED) - LS 1 11,500.00 11,500.00
SUBGRADE COMPACTION 12" -SF 25,238 0.74748 18,865.00
AGGREGATE BASE ROCK 7.5"-TONS 1,133 106.94969 121,174.00
ASPHALT 2.5-TONS 502 170.1992 85,440.00
MISC.ASPHALT DRAINS&DRIVEWAYS 21 371.66667 7,805.00
ASPHALT DIKE- LF 710 13.80 9,798.00
MISC ROADWAY FINISHES- LS 1 8,026.00 8,026.00
SUPERVISION - HRS 30 172.50 5,175.00
BONDS 1 4,490.20 4,490.20
Total $436,490.20
Phone# 5593230216 Fax# 559-314-6062 rbooze@bbcsinc.net
PROPOSAL ATTACHMENTS NO. 1: Signature Page
BIDDER'S SIGNATURE
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name
of corporation, also names of the president, secretary, treasurer and manager thereof; if a co-
partnership, state true name of firm, also names of all individual co-partners composing firm; if
bidder or other interested person is an individual, state first and last name in full.
FIRM NAME F) ,Ib
Licensed in accordance with an act providing for the registration of Contractors,
Class License No. Expires C-) 2-C�,2--2-
DIR Registration Number �CSC 0C0b--Ac)\
Signature of Brdder bated
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above
together with the signature of the officer or officers authorized to sign contracts on behalf of the
corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above
together with the signature of the partner or partners authorized to sign contracts on behalf of
the co-partnership; and if bidder is an individual, his signature shall be placed above. If signature
is by an agent, other than an officer of a corporation or a member of a partnership, aPower of
Attorney must be on file with the Owner prior to opening bids or submitted with the bid;
otherwise, the bid will be disregarded as irregular and unauthorized.
BUSINESS ADDRESS: fNe 0J),ow x CA
j Zip Code
MAILING ADDRESS: _V:35C'l "CQa '� *Nz,. ' >I
Zip Code
BUSINESS PHONE: ()2. W FAX NUMBER:
EMAIL ADDRESS MN110&,JA& @_' A,)C, , 'IV i
PROPOSAL ATTACHMENTS NO. 2: Noncollusion Declaration
To the Board of Supervisors, County of Fresno:
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID*
The undersigned declares:
I am the PV- 'atCA -" of
(Owner, Partner, Corporate Officer (list title), Co-Venturer)
+ , YY:&" ' I rw -� 'y V I a the party making the foregoing
bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or refrain from bidding. The bidder has not in any manner, directly or indirectly, sought
by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any
member or agent thereof, and has not paid, and will not pay, any person or entity for that purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents that
he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on `I-2.0 2021,
at
y] [state]
(Signat )
(See Titl 23 United States Code Section 112; Calif Public Contract Code Section 7106)
*NOTE: Completing, signing, and returning the Non-Collusion Affidavit is a required part of the Proposal.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PROPOSAL ATTACHMENTS NO. 3: PCC Section 10285'1
PUBLIC CONTRACT CODE
Public Contract Code Section 18285'1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 378, Statg. 1985\. the bidder
hereby dao|aneo under penalty of perjury under the |avva of the State of California that the bidder has
— , has notxbeen convicted within the preceding three years of any offenses referred to in that section,
including any charge of fraud, bribery, oo||ueion, conspiracy, or any other act in violation of enyetate or
Federal antitrust |avv in connection with the bidding upon, @vv@nd of, or perfoF[D8OC8 of, any pub|icvvorks
contraot, as defined in Public Contract Code Section 1101. with any public entity, as defined in Public
Contract Code Section 1100, including the Regents of the University of California or the Trusteesof the
California State University. The term "bidder" is understood to include any pertner, nnember, officer,
dinactor, responsible managing offioer, or responsible managing employee thereof, as referred to in
Section 10285.1.
Note: The bidder must place e check mark after "has" or"has not" in one of the blank spaces provided.
The above Statement is port of the Bid. Signing this Bid on the signature portion thereof shall
also constitute signature of this Statement. Bidders are cautioned that making a false certification
may subject the certifier to criminal prosecution.
PROPOSAL ATTACHMENTS NO. 4: PCC Section 10162 & 10232
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of
perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in
the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a
federal, state, or local government project because of a violation of law or a safety regulation?
Yes No_X
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty
of perjury, that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the Contractor within the immediately preceding two-year period because of the
Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with
an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the
signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
PROPOSAL ATTACHMENTS NO. 5: Certification Regarding Performance
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT T0 THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS.
Thebidde'� proposed subcontractor_, hereby certifies that hehanX has not_, participated in o previous
contract or subcontract subject to the equal opportunity clause, as required by Executive Orders10925,
11114, or 11246, and that he hasA has not_, filed with the Joint Reporting Committee, the Director of the
Office of Federal Contract Compliance, a Federal Government contracting or administering egenoy, or
the former President's Committee on Equal Employment C)pportunib/, all reports dun under the
applicable filing requirements.
/Tid8\
Date:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary Of Labor (41 CFR 00-1.7/b\ (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are
set forth in41CFR8O-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in o previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that 41
CFR 60-1.7(b) (1) prevents the ovvaod of contracts and subcontracts unless such contractor submits o
report covering the delinquent period or such other period specified by the Director, Office of Federal
Contract Compliance, U. G. Department ofLabor.
PROPOSAL ATTACHMENTS NO. G: Debarment and Suspension Certification
DEBARMENT AND SUSPENSION CERTIFICATION
The bidder X . proposed euboontraotor__~ underpenebvofpejury. certifieathut. exceotaonotedbelow.
he/she or any person associated therewith in the uepoohv of owner, partner, director, ofhmar, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by
any federal agency;
has not been auapended, debarred, voluntarily excluded or determined ineligible by any federal
agency within the past 3years;
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 3years.
If there are any exceptions to this certification, insert the exceptions in the following space:
( ) No Exceptions
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below towhom it app|ieo, initiating ogenoy, and
dates of action:
Note: Providing false information may nBSU|t in C[inliOa| prosecution or administrative S8OCtiOOa.
The above certification is part ofthe Proposal. Signing the Proposal on the signature portion
thereof shall also constitute signature of this Certification.
By my signature on this proposal, | oedifv, under penalty of perjury under the |mvva of the State of
California and the United States of America, that the Title 23 United States Code, Section 112 Non-
Collusion Affidavit and the Title 4S Code of Federal F<egu|odone. Pad2S Debarment and Suspension
Certification are true and correct.
Bidd r/@ b
PROPOSAL ATTACHMENTS NO. 7: [Aonlobbving Certification
NONLOBB0NG CERTIFICATION FORF2DERAL`AiD CONTRACTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with 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 of any Federal agency, o 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.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all aubavvorde at all tiers (including oubnontnauta, oubgranto, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into 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 $1OO.00O for each such failure.
The prospective participant certifies or affirms the truthfulness and accuracy of each statement of
its certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions uf31 U.S.C. Chap. 38. Administrative Remedies for False Claims and Gtatemanta, apply to
this certification and disclosure, ifany.
PROPOSAL ATTACHMENTS NO. 8: Disclosure of Lobbying Activities (1 of 2)
approved by OMB
0348-0046
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. a. initial filin
b. grant bid/offer/application b. materia hange
c. cooperative agreement b. initial award
d. loan c. post-award For material ange only:
e. loan guarantee Year quarter
f. loan insurance Date of la report
4. Name and Address of Reporting Entity: 5. If Reporting Ent' in No.4 is Subawardee,
Prime Subawardee Enter Name and ddress of Prime:
Tier if Known:
Congressional District, ifknown: ongressional District, iffknoivn:
6. Federal Department/Agency: 7. ederal Program Name/Description:
CFDA Number, if applicable:
S. Federal Action Number, if known: 9. Award Amount, if known:
S
10.a. Name and Address of Lobbying R gistrant b. Individuals Performing Services (including
(if individual, last nafnc,first nani , iV11): address if different f•om No. IOa)
(last name,first nan7e, N f
11. Information requested hrough this form is
authorized by title 31 U. .C. section 1352. This Signature:
disclosure of lobbying ctivities is a material
representation of fa c upon which reliance was Print Name:. 5 i ---bZ.'L
placed by the tierrove when this transaction was
made or entered ' to. This disclosure is required Title: C�
pursuant to 31 S.C. 1352. This information will
be reported t the Congress semi-annually and Telephone No.: t- iJ 't)i t%Date:A2401
will be avai .ble fo► public inspection.Any person
who fails file the required disclosure shall be
subject o a civil penalty of not less than $10,000
and n t more than $100,000 for each such failure.
F eral Use Only Authorized for Local Reproduction
Standard Form- LLL(Rev. 7-97)
PROPOSAL ATTACHMENTS NO. 8: Disclosure of Lobbying Activities (2 of 2)
INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether sub-awardee or prime Federal recipient,at the
initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section
1352.The filing of a form is required for each payment or agreement to make payment to any 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. Complete all items that
apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of
Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report.If this is a follow-up report caused by a material change to the
information previously reported,enter the year and 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 expects to be,a prime
or sub-award recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1 st tier.
Sub-awards include but are not limited to subcontracts,sub-grants and contract awards under grants.
5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and
zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment.Include at least one organizational
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 identified in item 1 (e.g.,
Request for Proposal(RFP)number;Invitations for Bid(IFB)number;grant announcement number;the contract,
grant,or loan award number;the application/proposal control number assigned by the Federal agency).Included
prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award/loan commitment 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 registrant under the Lobbying Disclosure
Act of 1995 engaged by the reporting entity identified in item 4 to influence 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. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information
unless it displays a valid OMB control Number.The valid OMB control number for this information collection is OMB No.
0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,
including time for reviewing instructions,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,DC 20503
GUARANTY
To the Owner: County of Fresno
Emergency Roadway Repairs to Peterson Road
The undersigned guarantees the construction and installation of the following work included in
this project:
ALL WORK
Should any of the materials or equipment prove defective or should the work as a whole prove
defective, due to faulty workmanship, material furnished or methods of installation, or should
the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within twelve (12) months
after date on which this contract is accepted by the Owner, the undersigned agrees to reimburse
the Owner, upon demand, for its expenses incurred in restoring said work to the condition
contemplated in said project, including the cost of any such equipment or materials replaced
and the cost of removing and replacing any other work necessary to make such replacement or
repairs, or, upon demand by the Owner, to replace any such material and to repair said work
completely without cost to the Owner so that said work will function successfully as originally
contemplated.
The Owner shall have the unqualified option to make any needed replacement or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the Owner elects
to have said work performed by the undersigned, the undersigned agrees that the repairsshall be
made and such materials as are necessary shall be furnished and installed within a reasonable
time after the receipt of demand from the Owner.
Name (Printed): James R Booze
Signature: Nw*'�
Title: President
Date: 08/24/2021 Contractor: B & B Construction Services