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2019/11/06 Elecnor Belco Electric, Inc. CIP16-08 Citywide Traffic Signal Communications (East)
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER -CONTRACTOR AGREEMENT CIP 16-08 CITYWIDE TRAFFIC SIGNAL COMMUNICATIONS (EAST) This Owner -Contractor Agreement ("Agreement") is made and entered into for the above referenced Project by and between the City of Menifee ("Agency"), and ELECNOR BELCO ELECTRIC, tNC ("Contractor"), whose principal business address is 14320 ALBERS WAY, CHINO, CA 91710 on the —�� day of j(}�( , 20ft In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the "Work") in a good worker -like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 16-08 CITYWIDE TRAFFIC SIGNAL COMMUNICATIONS (EAST) to be constructed at the specific project site locations within the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit "A" and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit "A" shall be deemed revised in accordance with any revisions for which Agency's consent has been issued. Any revisions to the scope of Work for which Agency's consent has not been issued shall be null and void. 2. CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit "B", Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 290/031858-0008 7645681.2 a08/09/19 Page I 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 6. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 7. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 8. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 9. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 290/031858-0008 7645681.2 a08/09/19 Page 2 10. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 12. LICENSES AND PERMITS Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 13. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 14. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: 290/031858-0008 7645681.2 a08/09/19 Page 3 I {Initial) eifal) 16. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: CONTRACTOR: L LULI vV11LICLL LV1 1V V. LX. t.1LL3J 14320 ALBERS WAY Street Address CHINO, CA 91710 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] 290/031858-0008 7645681.2 a08/09/19 Page 4 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On 10/21/19 before me, Rebecca Wilks, Notary Public (Here insert name and title of the officer) personally appeared Alberto Garcia de los Angeles, Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person slwhose nameGj is re subscribed to the within instrument and acknowledged to me that he/shek lie executed the same in his/herigf K uthorized capacitygEo and that by his/herde>ignatumo on the instrument the persons , or the entity upon behalf of which the person reacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �.}�����,, REBECCA WILK5 California WITNESS my hand and official seal. Notary Public x e . r• San Bernardino County + Commission X 2300424 My Comm. Expires Aug 5, 2023 Notary bila Signature vvvv (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT I Contract - City of Menifee (Title or description of attached document) CIP 10-08 Citywide FS Communications (Title or description of attached document continued) Number of Pages 4 Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) p Corporate Officer President/CEO, CFO (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other N t.ar.lE,1a <.z: cola 00-8,7-f.N8,65 INSTRi)CTIO.NS FOR COMI:'I. STING THIS F'ORIM This jbnn complie3 with current C'ahfornia statutes regar(ling nolory wording and. rfneeded. -should be completed and attache(l to the (loeument. Ac1•non ledgmenis from other states map he completed for (locrnrents being, sent to that state so long as the wor(ling does not require the California notap y to violate C'alrfornio notaly lax'. • State and County information must be the State and County where the document signer(s) personally appeared before the noiary public fir acknoreledgmettt. • ]:)ate of notarization must be the date that the s;igner(s) personally appeared which mnist also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appe£irs within his -or her conunission followQd by a comma and then your title (m(xury public). • print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonns by crossing; off i.itcot•rect forms (i.e. heishetthe is tare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of documient recording. • 'are notary seal impression must be Blear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re -seal if a suf'feienl area permits, otherwise complete a diff"cril acknowledgment form, • Sisllature of the notary public (mist match the signature on file with the office of the county clerk. Additional information is not required but could help to ens we this acicnowledgntcnl is not misused or allached to a different docunicnl. Indicate title or type of attached doeurnent, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT A CONTRACT DOCUMENTS Owner -Contractor Agreement (Appendix 2) Bid Schedule (Appendix 1) Required -federal -Aid Contract Language (Appendix 5) Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards 290/031858-0008 7645681.2 a08/09/19 Page 5 EXHIBIT B CONTRACT PRICE Four Hundred Twelve Thousand Six Hundred Five Dollars and Zero Cents ($412,605.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. 290/031858-0008 7645681.2 a08/09/19 Page 6 APPENDIX 1 BID PROPOSAL DOCUMENTS 290/031858-0008 7645681.2 a00/00/00 Page 7 The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the CITYWIDE TRAFFIC SIGNAL COMMUNICATION (EAST) - HS/P 7, CIP NO. 16-08, FEDERAL PROJECT NO. HSIPL-5483(004), and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the plans, specifications, all other referenced documents and all codes and regulations the prices shown on this proposal. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications and the local conditions at the place the work is to be done, and also understands that the project will be completely constructed in turn -key condition acceptable to the Owner be for the price of the proposal, including all fees and sales tax upon any materials so furnished. The undersigned has also carefully checked all of the figures given and understands that the Owner will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. The Contractor confirms that his/her bid is submitted with respect to the changes to the contract included in all addenda issued by the Owner. Receipt is hereby acknowledged of Addenda Nn.(s) The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project and agrees to pay not less than these rates. 290/031858-0008 7645681,2 a00/00/00 Page 8 BID SCHEDULE BID ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE EXTENDED PRICE NO. Mobilization (Max 5% of bid amount) i 1 Occi 1510CV OW 4,000 1000 1 000 1 1 1 1 LS LS LS 2 Traffic Control 3 Remove Existing Components Per Plan Procure 2070 ATC Controller Assembly 4 36 EA (� �Ico Z1� (ono 5 Furnish and Install Field Ethernet Switch 36 EA I I GOO 5y 000 6 Furnish and Install Ethernet Extender Furnish and Install Type 1 Radio (Price to 2 EA I ZOo Z ,q00 include bracket and Cat6 cablin ze EA I t pp 0 1000 $ Furnish and Install Type 2 Radio (Price to include bracket and Cat6 cabling) Furnish and Install Type 3 Radio (Price to 2 EA Z Zoo y yL10 1. 9 include bracketry and Cat6 cabling) 4 EA I l00 LA A06 10 Furnish and Install Type 4 Radio (Price to include bracket and Cat6 cabling)O 5 EA 11 Furnish and Install Type 5 Radio (Price to include bracket and Cat6 cabling)-2, 5 EA 12 Furnish and Install Type 6 Radio (Price to 6 EA include bracket and Cat6 cabling)OOU 2 0po ' I 13 Furnish and Install Type 7 Radio (Price to include bracket and Cat6 cabling)l5 2 EA 00b '2 1000 14 Furnish and Install Type 8 Radio (Price to 1 EA 5, include bracketry and Cat6 cabling) �`�� 5, (D' 5 Furnish and Install Solar Power System (Price to include solar panel, cabinet, 15 batteries, bracketry, and all necessary 1 LS equipment to achieve a fully functional system. Furnish and Install AC to DC Adapter L 000 u 000 16 1 EA 50D Soo 17 I Wireless Radio Management Software 1 AL $2,500 $2,500 — TOTAL 'A `2 I toy 290/031858-0008 76456812 a00/00/00 Page 9 TOTAL BID AMOUNT SCHEDULE (in words): _ IM)"'rea1 Lv' �OWSAv%d SI K —Dollars and - � Cents In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non -responsive and will not be considered for award. The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s) with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be responsive in all other aspects. If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Owner. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Owner. The Owner's determination as to the reasonableness of any such bid shall be final. All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection. The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(S)" are designated as specialty items. By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned has been included in the bid prices listed above Including items of work that may not have a specific pay line item and that there shall be no additional costs to the Owner. WARNING: If an addendum or addenda have been issued by the Owner and not noted above as being received by the bidder, this Bid may be rejected. 290/031858-0008 7645681 2 a00/00/00 Page 10 Complete the following; Elecnor Belco ElWfiC Inc. Legal name of the business Corporation Business Type (Corporation, Partnership, Sole Proprietor) DBA (If any) Name and title of the owner Name and title of second partner or officer 14320 Albers Way. Chino, CA 91710 Business Address 909-993-5470 Telephone number 909-993-6476 Facsimile number on elecnor.Com Email address of primary contact www.elecnor corn Company web address 9117119 Signatur of P 'me Contractor Date John Wong! Vice President Print name and title �r 9117119 t of Prime- Contractor Date Alberto Garcia de log AngOle$1 President Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 290/031858-0008 7645681.2 a00/00/00 Page 11 PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stars, 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University, The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 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 unappcalable finding of euntempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shal I also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 290/031858-0008 7645681.2 a00/00/00 Page 12 CERTIFICATE REGARDING CONTRACTOR'S LICENSE Contractor is required to possess one of the following State Contractor's License: State of California Class "A" and/or "C-10" Contractor's License 2. A failure to possess the required license, a failure to truthfully set forth the following information, or a failure to execute this Certificate renders the proposal nonresponsive and requires the City to reject the proposal. (Business and Professions Code Section 7028,15) 3. Contractor declares, under penalty of perjury, that he possesses the required Contractor's license(s) which: a. Bears the license number(s): 738518 b. Expires on: _ 7/31121 _ 91,— %/-\ 17119 Signature o rl eContractor Date Joh g / Vice President Print name and title 9/17/19 SPrime Contractor Date Alberto Garcia de los Angeles / President Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) This required license determination has been made by the Owner. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the owner at least seven (7) days prior to the bid opening, A review of the contemplated work will be made and the Owner's decision as to the required license will be final. 290/031858-0008 76456812 a00/00/00 Page 13 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, Insert the exceptions in the following space. None Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Agency: Date of Action: Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Contractor Signature: John Won Title : Vice Pr4111 1 290/031858-0008 76456812 a00/00/00 Page 14 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS '['he prospective participant ccitifies, by signing and submitting this bid or proposal, to the hest of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will he 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 Member al'Congress in connection with the awarding of any Federal contract, the making ol'any Federal grant, the making of any Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement- (2) If any funds tither than Federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence an officer or employee of any Federul 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-1,1L, "Disclosure of Lubbying Activities," in confitrmance with its instructions. Phis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oflhis 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 or not less than $10,000 and not more than $100,000 for each such fai lure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language nrthis certification be included in all lower Our subcontracts, which exceed.$100,000 and that all such subrecipients shall certify and disclose accordingly, 290/031858-0008 7645681.2 a00/00/00 Page 15 Federal Use Only: DISCLOSURE OF LOBBYING ACTIVITIES ru4ss.l"M e, r Smr+r i iv e r ne, r iyu rcN PUKNUAN 13U 31 U 5 C 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: Will i+ict a. bid/offcrlapplicetian /(I'rimc: b. Ia11t b initial award l change c. cv 1 culhve agreement c. post -award d, hrwl FCh Only: c. loan µd W tcc Uarlee f. loan inuu cc report `4. Name and Ad pI of Reporting Entity 5. If Reporting EnlilySubawardee, Enter Name andAimc: Prime Suhawerdcc ti Tier if known Congressional District, rf knuvvn [:ongre+s d District, if (mown 6. Federal DepartmenVAgeacy: 7. F'rdcrs tram Nome/Deserlpllon: PA Number, if applicable 8. Federal Action Number, iflmown: Award Amount, ifknown: 10. a. Name and Address of Lobby Entiy b. dividual+ Performing Services (including (If individual, last name, first name, MIJ o css if different from No. I On) (lavt me, First name, MI) [ull Continuation Sheel(s) ifnccrss ) 11. Amounl of Payment (check atl st apply) 13. Type ofP* ent (check all that apply) s ect planned a. rclanrcr b one -lime 12. Form o/in-kititperOy ell that apply): C. commission EL d or fee It, nature a deferred value fother, specify 14. BriefDiees Performed or to be performed and bates) of Semicrimltidln o04rcr( member(a) conlaeled. for Pity mcnt Indicated in bent I1: (altach Continuation Sheets) ifneeessary) Continuation Sheel(s) attached: Yes ❑ No Information requested through this form is authorized by Title 31 U.S C. Section 1352. This disclosure of lobbymg Signature. reliance was placed by the licr above when his t nroclion was made or entered into This disclosure is required pursuunl to 31 U 8 C 1352 1 his information will be print Nemc: hi reported to Congress semiannually and will be available for _ public inspection. Any person who fails to file the required ! 'tic Cf disclosure shall be subject to a civil penalty of not Iwo than $10,000 and not more than $100,000 for ench such failure Telephone No.. 9D9-993 70 I]nte W17119 Authorise for Local Reproduction Standard 1 rm - I.i.I. 290/031858-0008 7645681,2 a00/00/00 Page 16 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES this disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of eovCed Federal action or a Mato ial change to previous I fling pursuant In lithe 31 17,9.0 section 1352. The filing ol'a form is required for such payment or agreement to make payment n lobbying entity I'ar influencing or attempting to influence an ofliccr orcmployce of any agency, a Member ofCongress an onccei car employee of Congress or an employee ora Member or Congress in connection with a covered Federal action, Attach it continuation sheet for additional infra oration il'the space on the litrm is inadequate. Complete all items Thal apply for both the initial tiling and material change report, Refer to the implementing guidance published by the office of Management and Budget foradditional information, I. Idenlify'he type ofcovercd Fccleial action for which lobbying activity is and/or has been secured to influence, the outcome ora covered Federal action, 2. Identify the status cf the covered Federal action, 3 Identify the appropriate classification or ibis 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 time change occurred- Enter the date orthc last, previously submitted report by this reporting entity for this covcrcd Pcdcral action 4. Filter the ILII name, address, city, slate and zip code or the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entiyy that designates it it is or expects to be a prime or subaward reeipicnt, Identify the tier orthe subawardee, e.g. the first suhawardec of the prime is the first tier, Subawurds include but arc not limited to subcontracts, subgrants and contract awards undergrants. 5 If the organization filing the report in Item 4 checks "Subawardee" then enter the furl name, address, city, stale and zip code of the prime Federal reeipicnt. Include Congressional District, if known 6. [inter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known Fin example, Deparmcm or'fransportation, l;nitcd States Coast GL and 7 tinter the Federal program name or description for the covered Federal action (item 1), II known, most the full Catalog of Pcdcral Domestic Assistance (CFD A) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Fcderal identifying number availahle for the Federal action icicmification in item I (e.g„ Request for Proposal (RPP) number, invitation for Bid (11'11) number, grant announcement number, the contract grant, or loan award number, the applicauciNproposal control numbcrassigned by the Federal agency). Include prefixes, e_p„ "RFP-Dii-90-00 L" 9, For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Pcdcral amount of the award%loan commitments for the prime entity idcntilied it,, item 4 or 5. I R (a) Emet the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action, (b) Bn[cr the full names of the individualist performing services and include full address if differcnl from 10 (a), Enter Las[ Name, First Name and Middle Initial (MI). 11, Eno the amount of compensation paid or reavonrtbly expected to be paid by the reporting entity (item 4) to the lobbying entity (ilcm 10), Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes Ilia[ apply. If this is a material change report, enter the cumulative amount ol'payment made or planned to be. made. 12. Check the appropriate box. Check all boxes that apply. [('payment is made through an in -kind contribution, specify, Ilene nature and value or the in -kind payincnl, 13. Check the appropriate box. Check all boxes that apply_ IroOmer, specify nature, 14, Provide a specific and detailed description ol'the services that the lobbyist has perlormed or will he expected to perlorm and file date(s) orany services rendered_ Include all preparatory and related activity noljusl time spent in actual contact with Federal officials_ Identify the Federal officer(s) or employee.(s) contacted or the officer(s) cmployce(s) or Members) ofCongress that were contacted. 15_ Check whether or not a continuation shect(s) is attached_ 16. "I'he certifying official shall sign and date the form, print hislher name title and telephone number, Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data somccs, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate nr any olheraspcct of this collection of infra mation, including suggestions fur reducing this burden, to the Office of Managemenl and Budget, Paperwork Reduction project (0348-0046), Washington, [IC. 20503, si a I_h"r".,,," ate, i. 290/031858-0008 7645681,2 a00/00/00 Page 17 BID SECURITY FORM FOR CHECK NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashiers Check payable to the order of the City of Menifee, hereinafter referred to as "Owner", for _ T dollars ($ ), this amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occur: A. If said Bid shall be rejected by the Owner, or, in the alternate B. If said Bid shall be accepted by the Owner and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid; otherwise, said check shall become the property of the Owner. Said check shall also become the property of the Owner if the Undersigned shall withdraw his/her bid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder. Signature of Prime Contractor Date Print name and title Signature of Prime Contractor Date Print name and title (If the Prime Contractor is a corporation, two signatures of corporate officers are required.) 290/031858-0008 7645681.2 a00/00/00 Page 18 BID SECURITY FORM FOR BOND KNOW ALL MEN BY THESE PRESENTS That we Elecnor Belco Electric Inc. as Principal, and = as surety, are held and firmly bound unto CITY OF MENIFEE hereinafter called the "Owner" in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID or the principal above named, submitted by said Principal to the County for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ 10% of Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the Owner for certain construction specifically described as follows, for which bids are to be opened on the 24th day of September .20 99 for CITYWIDE TRAFFIC SIGNAL COMMUNICATION (EAST) - HSIP 7, CIP NO. 16-08 Federal Project No. HSIPL 5483(004) NOW, THEREFORE, IF the aforesaid principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, with sixty (60) days after said opening, and shall within the period specified therefore, or, if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in the prescribed form, in accordance with the bid as accepted, and file the two bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue, In the event suit is brought upon this bond by the Owner and judgment is recovered, the surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 9th day of September 2019. Elecner 19bica Electric, Inc. (SEAL) Fidelity and Deposit Company of Maryland (SEAL) d+`9 (SEAL�`1 (SEAL) Vitt? Vezu CVRMM. Plermta. Allornayin•Fad 'Fidelity and Deposit Company of Maryland 290/031858-0008 7645681.2 a00/00/00 Page 19 BID SECURITY FORM FOR BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF _ Connecticut ss COUNTY OF Hartford On this day _sm of _ September 2019, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Donna M. Planeta known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the _ Fidelity and Deposit Company ofMaryland the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowle ge . z--\ Attorney. Signat I VU BETHANY STEVENSON NOTARYPVBLIC- CT 177501 MY COMMISSION EXPIRES SEPT. 30, 2023 Name (Type or Pr it). s �ia:�"v slevQ 9P�5 N tary F tic in and for said County and State My Commission expires: September 30,2023 290/031858-0008 7645681.2 a00/00/00 Page 20 CALIFORNIA ALL-PURPOSE ACKNOWLtDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document. State of �al*bRflto, County of 5kq t AIV% _ On Vl Zo10. before me, 01yLIYV-1 , Nolary Public n.,. nP�j+i— im r.t.o ., personally appeared Nartlo entl a it 01 IBpwph Who proved to me on the basis of satisfactory evidence to be the person, whose namete) subscribed to the within inslrument and acknowledged To me that rr sprollhdy executed the same in®l &1tt6ir authorized capacltA40, and Ihat by4iiilltylfrllhto sign atuiefd)on the instrument the persorkK. or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph Is true and correct. Witness my hand and olfleia> 7 Signature OPTIONAL _..............w ELISA t?IETM LUtf CWdrJOWoe No. 2281937 �^ trtmurrruKraoasgrM� !4N NMINIa1p0001Ry µ Mr Carom 9WkMMAFAMM.2 Place W y Publk east Above Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraadutent removal and reallochment of this form to another document Description of Attached Document Title or Type of Document t JUn&t _ GJAWICA Document Date Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner - ❑ Limited CJ General ❑ Guardian or Conservator Tap or 1mMan6 ❑ Attorney -In -Fact ❑ Trustee ❑ Other: Signer is representing Number of Pages: ❑ Individual ❑ Corporate Officer — Title{s): ❑ Partner - ❑ Limited C] General ❑ Guardian or Conservator Top« ❑ Attorney -in -Fact ftgnb ❑ Trustee ❑ Other: Signer is representing 290/031858-0008 76456812 a00/00/00 Page 21 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COM PAN V FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the Slate ofNew York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DE,POSCf COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimec R. PERONIIINE, Aiza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAIION, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACII its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its hehalf as surety, and as its act and deed, any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICII AMERICAN INSURANCL COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland., in their own proper persons. The said Vice President does hereby certify that the extract sot forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force, IN WITNI7SS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said "ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 10th day of July, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Cf {: rt ftt li :tit Assislnnr Secretaty Vice President Down E. Brown Robert D. Murray state or Maryland County ol'BalGroore On this 101h day Offaly, A D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBER,r D. MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me perwrially known to be the individuals and officer described in and who executed the preceding instrument, and acknowledged the execution of same, and being by ore duly swont, deposcth nod saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Scaly of said Conyrmics, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instnument by the authority and direction of the said Corporations. IN TES CIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the doy, and year First above written. is eA " t�x; r < Constance A. Dunn, Notary Public My Commission Expires: July 9,2023 POA-F 063-9180A 290/031858-0008 7645681.2 a00/00/00 Page 22 NON -COLLUSION AFFIDAVIT The undersigned, in submitting a bid for performing the following work by Contract, being duly sworn, deposes and states: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any Subcontractor or Materialman through and bid depository, the bylaws, rules and regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or Materialman, which is not processed through said bid depository, or which prevent any Subcontractor or Materialman from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in tonne ion with this Contract. 9/17/19 9/17/19 Signature rime ntractor Date 4natumime Contractor Date John 1 VI President Alberto Garcia de Jos Angeles / President Print name and title Print name and title (if the Prime Contractor i5 a corporation two signatures of corporate officers are required.) 14320Albers WaYr Chino CA 91710 Business address 14320 Albers Way, Chino, CA 91710 Place of residence Subscribed and sworn to before me this 11-M day of bw le1'2r- 2AI11 Notary Public In and for the County of a n rAlVx0 State of irk Y1. ELIBA BETH LIM (NOTE: AFFIDAVIT MUST BE ATTACHED TO BIDDER'S PROPOSAL) No. 2M1037 NOTARY 0Ap" A notary public dr oespirb offlc*fyft O entity of W Comm E WWO A CH zt. �J mh cartlfcate wrMaa eery IM Identity of !M j"vidual who alp red the docUmentt0 -------- whkit Ihb cafWats is atlachad. and nol the truthfulnaat. accuracy, or vaddhy or that docurrrnt. 290/031858-0008 7645681.2 a00/00/00 Page 23 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino Subscribed and sworn to (or affirmed) before me on this 17th day of September 2019 by John Wong proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. — Flo ELISA f —JH LIM COMMNslon No. 2281937 rwrnrrr PUKwawPOOM sari KRNMOMO CoUll (Seal) my Comm Ill WARCR 21, zaat Signature OPTIONAL INFORMATION INSTRUCTIONS The Wording of Oil Jwats completed in Cahibmis after January 1, 2015 must be in the hum as set Mir within this Juraf. There are no exceptions. If a Jwal to be completed does nor Ubw thug tonm, the notyy coast Conact fha verbiage by usrna a jural stamp rcnl "If the cOrW Wordig or arlactig a snow* XqW form sueh as this one with DESCRIPTION OF THE ATTACHED DOCUMENT does contain the proper Wilding. In addition, the notary must require an oath or aRmraflon hmn IN document signer regarding the IMbid ness of the contents of the Ci! roof AAanlfee Non -Collusion Affidevil doa.iment. 771e docurneol must be signed AFTER the oath or affirmation. If fire document da5 (rKe orgv of a moad doarrw I) was prevbusty signed, ft must be re -signed in front of the notary public during the jurd Process, • State and county information must be the slate and county where the -- - (Ttleordescrptlanofatlacheddoamentcantlnued) document signer(s) personally appeared before the notary public . Dale of nolarizauon must be the dale the signer(s) personally appeared which must also be the same date the jural process is Number of Pages _ Document Date completed. Print the name(s) of the document signers) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the Additional information office of the county clerk • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Oe Additional information Is not required but could help to ensure this jural is not misused or attached to a different document +r Indicate litle or type of attached document, number of pages and dale • Securely attach this document to the signed document with a staple. 290/031858-0008 7645681.2 a00/00/00 Page 24 CONTRACTOR'S REFERENCE LIST Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The City Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project. Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non -responsive bid and, at the City's discretion, said bid will be disqualified. Project Name:_ Traffic Signal on Mosati•e Drive at East Trail Contract Price: $445.220 c of Completion: March 2018 Name, Address, and Telephone Number of Owner's Representative: City of Vletorvllle 14343 Civic Center Drive, Vlctorville, CA 92393 rPrt,tf I rP �' - � • ' 1 [1 Project Name: Traffic Signal Infrastructure Upgrades Phase III Contract Price: _ $389,928� Date of Completion: Se ptember ZO1a Name, Address, and Telephone Number of Owner's Representative: City of Diamond Bar 21810 Copley Drive, Diamond Bar. CA 91765 man Malpica 902& Project Name: Foothill Blvd. & Dalton Ave. Traffic Signal Installation Contract Price: —^ _Date of Completion: ---OfLQERLi �L fZ— Name, Address, and Telephone Number of Owner's Representative: CndV Hnw1ng_4fL9 (Attach additional pages as necessary) 290/031858-0008 7645681.2 a00/00/00 Page 25 DESIGNATION OF SUBCONTRACTORS Ethibit 12-B Bidder's List of subcontractor (DBE and Non -DBE) Part 1 Al of Myrrh 1, R015 CiRIUC rtoes (oral mb CIML aclon) wi,lims lu bid orr pvflltc xorkc canuseu rhskl be icalrlrrcd wish the 51ue Uwruon of Induiwol Relation, and uritficd Io hid onPuhlr<Wurkleonlnca Piton:cgieurAl.julpp•flxlilina.dir.cu.c,t�1t.EIW��{�yyEyl�i��lclLorro In accardancc with Trlk 44, Section 16 11 ofthe Code of FcdrrSl RcgWalitinA, rod 5tuiun 4 104 of the P+iblic Cmtww Cade of die Sure of Cal Ifomi;, Ac wr miW, thr fallevsns Informal wo o required for crlsh subw -nuactar who wl1! perrm" fork anwnnna W more khan une hdf of one Otrrcnl rd 5!S1 of the Ynral R.m Bid iic SIu Will r«lrlr 6... le WIW Vl%PI0,CV0nV Ih ka Term for mddWon a l firm r. FWo.l 11I wNumba llrbemnamr Namrrwd 1-11- I.Ine Hem A limimpDm Subconlncl percenuge of C-t—wr Uceme OaE DBE Cert Annul Grua R.edpu Amvunl old llem guh- Numb.• (rM) Number nnincted DIxR N„mbrr as ` .icy, 5l.rr 613 millimi 0 of Fit. Nrune: dI Ol Wr Kw 6G Clill 410 ill— Ll A ufTnm Nano. •:TI md11m, {;.tiv_ StnS. ITS nlliimi -. �SlD aiill.n U IS lS mollan A of Frm r Name; a; mlman as mIRLya =slominim Ascor Firm: yrc Name: <SI vrillim City, glue: QS Itiva — QID.ID !13 raa ion Ate of Vom, %n Nano: I Jltaipiar 4SMpo"' Chy, sure: �slo-iawlvn ! -sly knra AKr er.• i,m� m i l,n i Kmn• wear Agency roe [l CvtlyI A.Ail pr ANara racsage 290/031858-0008 7645681.2 a00/00/00 Page 26 Exhibit 12-B Bidder's List ofsubcontractor(DBE and Non-DHE) Part 2 In aeeordanec wnh •fide 49, RCcU6n 26 of the Code of Federal Regulatlnns, the Redder shall Ilse all suhconlraclor who provide a quote or yid but Isere nd eeleebed to panic:pate as I .mbcuntruclur on thta project Photocopy N, form for idditimal firms Subeanlraclur Neme and Lonlian Line Item & Deacripliun 30eun1 net Per neap nl' tomracfar t-icenu OBt: DRE(ert Annual Gross Receipts Amount aid teem Run- .Number (YIN) Number eoauuled DIR Re Vumhcr N� �V •-Si nlilliun • SS mrilrart � nf r1tr�'. _ . ..— . I � 3'U ialillae ' <3-5mdbra A al'I'n Vamc: I mlllri.—, <SSu 11iun <S' V mdhl • 5,1 t aid]— r W n.l -4r nnilmn .1.11 ndlnrr .lyW Isla Vlmt - i 1 MIhelm GI.� SIaL 4S lnl�lna. l <Lli m c of F. Vunr• �sta�bulp Ciiy, Sram 'diS nuW.r aS A Ivl •11SaWLrsa Al,nFFin ns dame _ BSI mr:bnn City. Smlc T35 rm1hno •�S [RaMlrae ! �S;}atiillxtii Dkiribuuon I 1 (Jnptin. I-I-ocal Agency V,Ie 2) Copy-Dt AV wl Award Pack ge 290/031858-0008 7645681.2 a00/00/00 Page 27 Percentage (%) of total contract amount than is subcontracted 96 (Do not Includesperlalty items in the talcularian.) Signed this 17th day of September 2019. 9/17119 9117/19 Sfgnatu Prime ontractor pate Sf d eof P 'me Contractor Date ,ioh W 91 Vi a President Albffffb Garda de los Angeles) President Print name and title Print name and title Of the Prime Cantfac of is o corporation, two signatures of corporate officers are required.) 290/031858-0008 7645681.2 a00/00/00 Page 28 CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides in part as follows: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation to one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance In accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I further certify that if I should contract or subcontract with any person, including firm or company, to do all or any part of the work for which this proposal covers, I shall assure compliance by that contractor or subcontractor with the provisions of Section 3700 of the Labor Code. Elecnor Belco Electric, Inc. (Legal Name of Bidder) By: . John Wont Title: A VI President (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and flied with the awarding body prior to performing any work under this contract.) 290/031858-0008 76456812 a00/00/00 Page 29 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Elecnor Beleo Electric. Inc. proposed subcontractor has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 1 1 1 14, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. , hereby certifies that he has X , Note- The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60.1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contructor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department ol'tabor. 290/031858-0008 7645681.2 a00/00/00 Page 30 EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: Cljt of Menlfee 2. Contract DBE Goal: 12% 3. Project Description: CRYWide Traffic Signal Communicatlons East„ 4. Project Location: Manda& Callfarnja 5. Bidders Name: Elecnor Belco Electric, Inc. 6. Prime Certified DBE: O 7 Bid Amount: $412, 605.00 8. Total Dollar Amount for ALL Subcontractors: $ 0 . 00 9. Total Number of &L Subcontractors: 0 10. Bid Item 11, Description of Work, Service, or Materiels 12. DBE Certification 13, DBE Contact Information 14. DBE Dollar Number Supplied Number (Must be certified on the dale bids are opened) Amount Furnish Traffic Signal T K Services LLC 4 Controllers 40540 7490 Jurupa Ave. 58,839.00 Riverside, CA 92504 (714) 336-0536 60W of $98,064.00 LOW Agency to CompW s this Seddon upWl - 21. Local Agency Contract Number. G' G _D s 58,839.00 22. Federal -Aid Project Number. 1 6 SiI8,3 gsdo} 16. TOTAL CLAIMED DBE PARTICIPATION 23. Bid Opening Date: "P 112 '�(�r 14.2 % 24. Contract Award Date: / 4� 014 IMPORTANT: Identify all DBE firms being claimed for credit, 25 Award Amowt: t+ �F [ 0 rdgardless of hcr. Names of the First Tier DBE Subcontractors and IWr res"clive ISem(el of work Rated above must be consistent, where nnph with the names and Hems of the wafk in lire Local Agency certifies that al DBE certifications are valid and Information on -Sullcontra r L i" eubrrkill wlih your bid. Written conikmaucn of this form is ca o! rya ra `` r� p Id 3 .241 / each BE qul 9/25/2019 26. Loral AgYncy Re t o'a Slgnelure 27, flats Ill, Prep rc s S' aturo 17. Dale AIMLOS 6.6� V1hV q�1'7,x3-k372? Joh Wan 909-993-5470 28• LOcWAgency Rarnasenlalive's Name 29 Pn01le 18,Vkwisoru N c - 19 Phone PAP —At- Ell INCEyL vice Preside 30- Local Agency RepteaenlalWs. Title 20. Propafers Title DISTRIBUTION: 1. Original —Local Agency 2. Copy — Coltrane Dlalrid Local Assistance Engineer (DLAE). Failure to submit to OLAE within 30 days or contract evecutlon may result in de-abligallon or federal Hinds on contract. 3. Include addilienal copy with award package. ADA Notice: For individuals with sensory disabilities, this document Is available in ellemate formals For iMormalion call (916) 964-6410 or TOD (616) 654- 3ea0 or write Recards and Forms Management, 1120 N Street, MS-89, Saoramento, CA 95614. 290/031858-0008 7645681,2 a00/00/00 Page 31 INSTRUCTIONS — C0NSTRUCT10N CONTRACT DBE COMMITMENT [,'.Odfl-HACI't)R 9ECT'101! I. Local .Agency - Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appeals on the project advertisement. 3. Project Location - Enter the project location(s) as it appeals on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Scismic Rehah, Overlay, Widening, etc). 5. Bidder's Name - Enter the contractor's I inn name, 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Filter the total contact bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL, Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUM — (DBEs 1 all Non -DBEs). Do not include the prime contractor information in this count. 9. Total number orALI, subcontractors — Enter the total number of all subcontracted contractors. SUM — (DBLis 1 all Non -DBEs). Do not include the prime contractor information in this count. 10, Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Tinter description of work, services, or materials to be provided. indicate all work to be pertormed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBF., describe the exact portion to be performed or furnished by the DBE. See LAW Chapter 9 to determine how to count the participation of DBF firms. 12. DBE Certification Number -tinter the DBE's Certification Identification Number, All DBEs must be certified on the dale bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors, Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Filter the subcontracted dollar amount of the work to be performed or service to be provided. hicludc the prime contractor irthe prime is a DBE- See LAPM Chapter for how to count fuiPpailial participation. 15. Total Claimed DBE Participation -$: Enter the total dollar amounts entered in the "DBE Dollar Amouni" column. %: linter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item 'Bid Amount"), If the total % claimed is less than item "Contract DBE Goal." an adequately documented Good Faith Ef fort (GFE) is required (see Exhibit 15-11 DBE Information - Good Faith Flibrls of the LAPM), 16. Preparer's Signature - The person completing the DBE commitment form on hchalf of the contractor's firm must sign their namc. 17. Date - Enter time dale the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the name of the person preparing and signing the contractors DBE commitment lorm. 19. Phone - Enter the area code and phone number ofthe person signing the contractor's DBE commitment form. 20. Preparer's Title - linter the position/title oflhc person signing the contractor's DBE; cormitment form. LMA1•_ACili,NC:Y S9C1710 f 21- Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal -Aid Project Number - Enter the Federal -Aid Project Numbcr(s). 23. Bid Opening Date - Enter the date contact bids were opened. 24. Contract Award Date - Enter the dale the contract was executed. 25. Award Amount — Enter lire contract award amount as staled in the executed contract. 26. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section ofthis loan is complete and accurate. 27. Date - Entcr the date the 1)I3E commitment form is signed by the Local Agency Representative. 28. Local Agency Representative's Name - Enlcr time name of the Local Agency Representative certifying the contractor's D13E commitment form. 29. Phone - Enter the area code and phone number of fhe person signing the contractor's DBE commitment form. 30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. 290/031858-0008 7645681.2 a00/00/00 Page 32 EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS Fedcral-aid Project No(s). HSIPI.-S493 t004) Bid Opening Date 9/24/2019 The established a Disadvantaged Business Enterprise (DBE) goal of 12 % for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE. contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal, This form protects the proposer's or bidder's eligibility for award of the contract ifthe administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions, please attach additional sheets as needed: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement DBE Goal has been met. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation TEK Services LLC 8/30/2019 9/12/2019, 9/23/2019 C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to 290/031858-0008 7645681.2 a00/00/00 Page 33 demonstrate that sufficient work to facilitate DBE participation in order to met or exceed the DBE contract goal. Items of Work Bidder Normally Breakdown of Amount Percentage Furnish Electrical Materials Performs Item Items ($) Of (Y/N) Contract N 4 $98,064.00 23.7% D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: DBE Goal has been met. Names, addresses and phone numbers of firms selected for the work above: TEK Services LLC 7490 Jurupa Ave. Riverside, CA 92504 4 336-0516 E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: DBE Goal has been met. 290/031858-0008 7645681.2 a00/00/00 Page 34 BIDDER'S PROPOSAL CITYWIDE TRAFFIC SIGNAL COMMUNICATION (EAST) - HSIP 7, CIP NO. 16-08 FEDERAL PROJECT NO. HSIPL-5483(004) F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: DBE Goal has been met. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency Q anization Method/Date of Contact Results DBE Goal ha© been met. H. Any additional data to support a demonstration of good faith efforts: 290/031858-0008 7645681.2 a00/00/00 Page 35 September 24, 2019 To: Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 (909)993-5470 Re: Traffic Signal Communication City of Menlfee TEK Services LLC is pleased to provide you with the following materials and equipment for the referenced project: ffm". B� Description ���1.2070C Controller with Tech Support •: r.� rr Notes: • TEK Services, LLC Is Metro certified WBE/UDBE/SBE. Certification No. 40540. • NAICS Work Codes C0686, C0600 • Quotation valid for 30 days subject to re -quote thereafter. • Delivery 18- 22 Weeks after submittal approval. • Terms: Net 30 Days, Pending Credit Verification. • Sales tax is not included. Thank you for the opportunity. Sales Rep: Kim King TEK Services LLC • 7490 Jurupa Avenue • Riverside, California 92504 • 714-330-0538 - Fax: 714-694-0116 290/031858-0008 7645681,2 a00/00/00 Page 36 402019 UCP Web Applicdon - Lial $K1p-toMain Content BBI<k 70 QuM Form (iii enieFQrm.htm) Search Returned 1 Records Mon Apr 08 13:22:06 PDT 2019 Query Criteria Certification Types: DBE Firm ID: 40540 Firm ID 40540 DBA Name TEK SERVICES, LLC Firm Name TEK SERVICES, LLC Address LIne1 5680 VAN GOGH WAY Address Line2 City YORBA LINDA State CA Zip Code1 92887 Zip Code2 Mailing Address LIne1 5680 VAN GOGH WAY Mailing Address LIne2 Mailing City YORBA LINDA Mailing State CA Mailing Zip Code1 92887 Mailing Zip Code2 Certification DBE Type EMail kim.tekserv@Gmail.com Contact Name KIM KING Area Code 714 Phone Number 336-0536 Extension Alt Area Code Alt Phone Number Extension Fax Area Code 714 Fax Phone 694-0116 Number Agency Name LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) Counties 19; 30; 33; 37; Districts 07; 08; 11; 12; DBE NAICS 423610; 423840; ACDBE NAICS Work Codes C0686 ELECTRICAL R SIGNALS SUPPLIER; C0600 MISC SUPPLIERS; htlps:/Iucp.dol.ca.govtquerySubmii.htm 290/031858-0008 7645681.2 a00/00/00 1/2 Page 37 4/8f2919 UCP Web Application - List Licenses Trucks Gender F Ethnicity CAUCASIAN Firm Type DBE hltpsJ/ucp.daLca.gov/querySubrnit.htm 290/031858-0008 7645681.2 a00/00/00 2/2 Page 3 8 APPENDIX 5 FORM 12G — FEDERAL -AID CONTRACT LANGUAGE 2019 290/031858-0008 7645681 2 a00/00/00 Page 39 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language EXHIBIT 12-G REQUIRED FEDERAL -AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal -aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE).........................................................................2 A. DBE COMMITMENT SUBMITTAL........................................................................................................... 2 B. GOOD FAITH EFFORTS SUBMITTAL.................................................................................................... 3 C. EXHIBIT 15-G -CONSTRUCTION CONTRACT DBE COMMITMENT.............................................3 D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS ..................... 4 E. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES ................................................ 4 2. BID OPENING.............................................................................................................................................. 5 3. BID RIGGING.............................................................................................................................................. 5 4. CONTRACT AWARD.................................................................................................................................5 5. CONTRACTOR LICENSE.........................................................................................................................5 6. CHANGED CONDITIONS.........................................................................................................................5 A. DIFFERING SITE CONDITIONS............................................................................................................... 5 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER................................................................ 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK............................................................. 6 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ..................... 6 & BUY AMERICA............................................................................................................................................ 7 FURNISH STEEL AND IRON MATERIALS TO BE INCORPORATED INTO THE WORK WITH CERTIFICATES OF COMPLIANCE. STEEL STEEL AND IRON MATERIALS MUST BE PRODUCED IN THE U. S. EXCEPT ...........................7 9. QUALITY ASSURANCE............................................................................................................................ 7 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS ........................................ 7 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS ....... 7 12. FEMALE AND MINORITY GOALS.......................................................................................................20 13. TITLE VI ASSURANCES......................................................................................................................... 21 14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT) .................................. 22 15. FEDERAL TRAINEE PROGRAM .............................................. ................ ........................... 22 LPP 18-01 Page 1 of 23 January2019 290/031858-0008 7645681.2 a00/00/00 Page 40 Local Assistance Procedures Manual 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Under 49CFR26.13(b): Exhibit 12-G Required Federal -Aid Contract Language The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49CFR26 in the award and administration of DOT -assisted contracts, Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49CFR26). To ensure equal participation of DBEs provided in 49CFR26.5, the Agency shows a contract goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: htmm fAyww.dot.cts on ItNl9fi certiFtd.htm. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer," You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49CFR26,55(d)(1) as follows: • The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract • The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract • The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the DBE leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck, Leased trucks must display the name and identification number of the DBE. a. DBE Commitment Submittal Submit the Exhibit 15-G Construction Contract DBE Commibnent, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, all bidders must complete and submit Exhibit 15-G to the Agency. The DBE Commitment form must be received by the Agency within five (5) days of bid opening, LPP 18-01 Page 2 of 23 January 2019 290/031858-0008 7645681.2 a00/00/00 Page 41 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive- b. Good Faith Efforts Submittal Exhibil tS-H. Pro nser/C.ontractor Cood Faith ffe is due to the local agency within five (5) days of bid opening. Days means calendar days. In computing any period of time described in this part, the day from which the period begins to run is not counted, and when the last day of the period is a Saturday, Sunday, or federal holiday, the period extends to the next day that is not a Saturday, Sunday, or federal holiday. Similarly, in circumstances where the recipient's offices are closed for all or part of the last day, the period extends to the next on which the agency is open. Only good faith efforts directed towards obtaining participation and meeting or exceeding the DBE contract goal will be considered. Subm ittal of good faith efforts documentation within the specified time protects your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: 1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE participation For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation, You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE fines. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact, Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date assistance was prov ided. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE commitments from other bidders when determining whether the low bidder made good faith efforts to meet or exceed the DBE goal. c. Exhibit ]S-G - Construction ContractDBE Commitment Complete and sign Exhibit 15-G Constnrction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported LPP 19-01 290/031858-0008 76456812 a00/00/00 Page 3 of 23 January 2019 Page 42 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Provide written confirmation from each DBE that the DBE is participating in the Contract A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, please submit a copy of the joint venture agreement. d. SubcaWraceor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List ofSubcontroctors (DBE and Non -DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 11'-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9-F:Monthly Disadvantaged Business Enterprise Payment) If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form, If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete Exhibit 17-F Final Report— Utilization ofDisadvanlaged Business Enterprises (DBE), First -Tier Subcontractors. Submit it within 90 days of contract acceptance, The Agency will withhold $10,000 until the form is submitted The Agency releases the withhold upon submission of the completed form. e. Performance of Disadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials- 5- Listed DBE's work is unsatisfactory and not in compliance with the contract 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. S. Listed DBE voluntarily withdraws with written notice from the Contract LPP 28-01 290/031858-0008 7645681.2 a00/00/00 Page 4 of 23 January2019 Page 43 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 9. Listed DB 13 ix ineligible to receive credit for the type of work required. 10. Listed dB$ tnvner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request. If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute for the original DBE, The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. The contractor or consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor or subconsultant obtains the agency's written consent. Unless the agency's consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G: Construction Contract DBE Commitment 2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll -free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General, 4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). 6. CHANGED CONDITIONS n. Differing Site Conditions LPP 19-01 290/031858-0008 7645681.2 a00/00/00 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions ofan unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed 2. Upon written notification, the engineer will investigate the conditions, and if it is determ ined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. Page 5 of 23 January 2019 Page 44 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Lan ua e 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This prov ision may be omitted by the Local Agency, at their option,) b. Suspensions of Work Ordered by the Engineer 1 If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted 3, No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other terns or condition of this contract c. Significant Changes in the Character of Work 1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract The basis for the adjustment shall be agreed upon prior to the performance of the work If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term "significant change" shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to proceed This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above. LPP 18-01 290/031858-0008 7645681.2 a00/00/00 Page 6 of 23 January 2019 Page 45 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language & BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)1; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used, Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials 9. QUALITY ASSURANCE The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract You may examine the records and reports of tests the Agency performs if they are available at the job site, Schedule work to allow time for QAP. 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency, unless as agreed to in writing by the prime contractor and subcontractor, pursuant to Section 7108.5 o£the Business and Professions Code. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section this code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 11. FORM FI WA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) [The following 10 pages must be physically inserted into the contract without modification ] LPP 18-01 Page 7 of 23 January2019 290/031858-0008 7645681.2 a00/00/00 Page 46 Local Assistance Procedures Manual LPP 18-01 290/031858-0008 7645681.2 a00/00/00 Exhibit 12-G Required Federal -Aid Contract Language REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1. 2012 Page 8 of 23 January 2019 Page 47 Local Assistance Procedures Manual I. General It. Nondiscrimination RL No segregated Facilities IV. Davis -Bacon and Related Act Provisions V Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention Vlil, False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Government wide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A, Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) (.GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor a service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract) 2, Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3 A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, wilhholding offnal payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4 Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. LPP 18-01 290/031858-0008 7645681-2 a00/00/00 Exhibit 12-G Required Federal -Aid Contract Language II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3, Note: The U S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adapted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 2T) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The oontractorvnll accept as its operating policy thefollowing statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training " FHWA-1273 -- Revised May 1, 2012 Page 9 of 23 January 2019 Page 48 Local Assistance Procedures Manual 2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will bereviewed and explained. The meetings will be conducted by the EEO Officer. b AJI new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor, c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in thecontractor's procedures for locating and hiring minorities and women d. Notices and posters setting forth the contractor's EEO policywill be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer," All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women- To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. to In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. LPP 19-01 290/031858-0008 7645681.2 a00/00/00 Exhibit 12-G Re uired Federal -Aid Contract Language a The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sitesto insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wagespaid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence ofdiscrimination Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a- The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C.140(a), c The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each, d The contractor will periodically review the training andpromotion potential of employees who are minorities and women andwill encourage eligible employees to apply for such training and promotion Page 10 of 23 January 2019 Page 49 Local Assistance Procedures Manual Exhibit 12-G Required Frderal Aid Contract LanLuaI1e 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age ordisability c. The contractor is to obtain information as to the referral practices and policies of the labor union except that 10 the extent such information is within the exclusive possession of the labor union and such labor union refuses tofumish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency 8. Reasonable Accommodation for Applicants I Employees With Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under Employers must provide reasonable accommodation in all employment activities unless to do sowould cause an undue hardship 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under thiscontract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. LPP 18-01 290/031858-0008 76456812 a00/00/00 FHWA-1273 — Revised May 1, 2012 10. Assurance Required by49 CFR 26.13(b): a The requirements of 49 CFR Part 26 and the State DOTS U S DOT -approved DBE program are incorporated by reference b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA a The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on FM WW A•]14f. The staffing date should represent the project work force on board in all or any part of the last payroll period preceding the end of July If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work face on board during all or any part ofthe last payroll period preceding the end ofJuly III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated The term "facilities" includes wailing rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes Page 11 of 23 January 2019 Page 50 Local Assistance Procedures Manual IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lover -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway- This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S, Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Mlnlmum wages a- All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) ofthe Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1,d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period- Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4)- Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b, of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers, b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: LPP 18-01 290/031858-0008 7645681.2 a00/00/00 Exhibit 12-G Re wired Federal -Aid Contract i.an ua e FHWA-1273 — Revised May 1, 2012 (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (ttt) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination, (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracling officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination, The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b,(2) or 1. b-(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 12 of 23 January2019 Page 51 Local Assistance Procedures Manual Exhibit 12-G Re uired Federal -Aid Contract 1 in ua e 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafterfor all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs- b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1), except that full social security numbers and home addresses shall not be included on weekly transmittals, Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired, Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http:/Avww.dd.gov/esalwhd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and LPP 19-01 290/031858-0008 7645681.2 a00/00/00 FHWA-1273 — Revised May 1, 2012 current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements, It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency, (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract_ (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code, The contractor or subcontractor shall make the records required under paragraph 3.a. ofthis section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracling agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds, Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Page 13 of 23 January 2019 Page 52 Local Assistance Procedures Manual 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeymen's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Exhibit 12-G Required Federal -Aid Contract Lan ua e FHWA-1273 — Revised May 1, 2012 The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30, d, Apprentices and Trainees (programs of the U.S, DOT), Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV, The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements, The contractor shell complywith the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5, 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractoras provided in 29 CFR 5.12, LPP 18-01 Page 14 of 23 January 2019 290/031858-0008 7645681.2 a00/00/00 Page 53 Local Assistance Procedures Manual 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U,S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). b, No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in theU.S, Criminal Code, 18 U.S.C. 1001_ V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Vlolatlon; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of [his 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 inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1,) of this section. LPP 19-01 Exhibit 12-G FHWA-1273 -- Revised May 1, 2012 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shell upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of [his section, 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. M. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency, Specialty items maybe performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635.116). The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees, (3) the prime contractor retains all power to accept orexclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements - It. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Page 15 of 23 January 2019 290/031858-0008 7645681.2 a00/00/00 Page 54 Local Assistance Procedures Manual Exhibit 12-G Re uired Federal -Aid Contract Language 2. The contract amount upon which the requirements set forth in Vill. FALSE STATEMENTS CONCERNING HIGHWAY paragraph (1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchasedor produced by the contractor under the contract provisions. This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority todirect performance of the work in accordance with the contract requirements, and is inch a rge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4, No portion of the contract shall be sublet, assigned orotherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5- The 30 % self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self-performancerequiremenls. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635), The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine. to be reasonably necessary to protect the life and health of employees on the job and the safety of thepublic and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance ofthe contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspector investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S,C.3704). LPP 19-01 290/031858-0008 7645681.2 a00/00/00 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly aspossible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness ofthese and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 16 U-S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stet. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1, That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2, That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. Page 16 of 23 January 2019 Page 55 Local Assistance Procedures Manual FHWA-1273 -- Revised May 1, 2012 X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200 1. Instructions for Certification — First Tier Participants a By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below b The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction The prospective first tier participant shall submit an explanation of why it cannot provide the certification set outbelow The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction- c The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter intothis transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default d. The prospective first tier participant shall provide immediatewrilten notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances e The terms "covered transaction," "debarred," "suspended," "ineligible," "participant" "person," "principal," and 'Voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200 "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract) "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts) "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor) "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction -be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g The prospective first tier participant further agrees by submitting this proposal that it will include the clause tilled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered LPP 1&Ol 290/031858-0008 76456812 a00/00/00 Exhibit 12-G e uired 1 ei$- : e transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold- h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website{ I I .1Asxnx. I vl), which is compiled by the General Services Administration i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings j. Except for transactions authorized under paragraph (1) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a The prospective first tier participant certifies to the best ofits knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered againstthem for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, Slate or local)wilh commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause ordefault b Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Page 17 of 23 January 2019 Page 56 Local Assistance Procedures Manual 2 Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a By signing and submitting this proposal, the prospective lowertier is providing the certification set out below b The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment c The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances d The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and'boluntanly excluded." as used in this clause, are defined in 2 CFR Parts 180 and 1200 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations "First Tier Covered Transactions" refers to any covered Iransaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract) "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts) "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lauer Tier Participants (such as subcontractors and suppliers) e, The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions, To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not requued to, check the kxoluded Parties List System website [Irrro� •S1nnv.rnla nevi, which is compiled by the General Services Administration. LPP 18-01 290/031858-0008 7645681 2 a00/00/00 Exhibit 12-G Re aired Fed"W- t Language. FHWA-1273 — Revised May 1, 2012 h Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in goad faith the certification required by this clause The knowledge end normally possessed by a prudent person in the ordinary course of business dealings i Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1 The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2 Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal A. 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 andsubmilting this bid or proposal, to the best of his or her knowledge and belief, [hat: 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. Page 18 of 23 January2019 Page 57 Local Assistance Procedures Manual 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 liar subconlracts, which exceed information or participant Is not required to exceed Iha t which is 5100,000 and that all Such recipients shall certify and disclose accordingly LPP 19-01 290/031858-0008 7645681.2 a00/00/00 Exhibit 12-G Required Federal -Aid Contract Language Page 19 of 23 January2019 Page 58 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Lan ua e 12. FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000. The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal (Percent) Redding CA: 174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 68 CA Lassen, CA Modoc, CA Plumas, CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 175 Non-SMSA Counties: 66 CA Del Norte; CA Humboldt; CA Trinity San Francisco -Oakland -San Jose, CA: SMSA Counties: 7120 Salinas -Seaside -Monterey, CA 28.9 CA Monterey 7360 San Francisco -Oakland 25.6 CA Alameda, CA Contra Costa; CA Marin; CA San Francisco, CA San Mateo 7400 San Jose, CA 176 CA Santa Clara, CA 19.6 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo -Fairfield -Napa, CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake, CA Mendocino, CA San Benito 23.2 Sacramento, CA: SMSA Counties: 177 6920 Sacramento, CA 16.1 CA Placer; CA Sacramento, CA Yolo Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn, CA Nevada; CA Sierra, CA Sutter; CA Yuba Stockton -Modesto, CA: SMSA Counties: 5170 Modesto. CA 12.3 178 CA Stanislaus 8120 Stockton, CA 24,3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno -Bakersfield, CA SMSA Counties: 179 0680 Bakersfield, CA 19.1 CA Kern 2840 Fresno, CA 261 LPP 19-01 290/031858-0008 7645681.2 a00/00/00 Page 20 of 23 January2019 Page 59 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language CA Fresno Non-SMSA Counties: CA Kings, CA Madera; CA Tulare 236 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden Grove, CA 119 CA Orange 4480 Los Angeles -Long Beach, CA 283 CA Los Angeles 180 6000 Oxnard -Simi Valley -Ventura, CA 21.5 CA Ventura 6780 Riverside -San Bernardino -Ontario, CA 19.0 CA Riverside, CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties 246 CA Inyo; CA Mono; CA San Luis Obispo San Diego, CA: SMSA Counties 18 ] 7320 San Diego, CA 169 CA San Diego Non-SMSA Counties 182 CA Imperial For the last full week July during which work is performed under the contract, you and each non material -supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance Nance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Departmenl of Transpartation, Title 49, Code of Federal Regulations, Part 21, as they may be amonded from time to time, (hareinaftcr referred to as the RPGULATtlaNS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimmaiio : (Y1NTRACTM with rLjard to the work performed by it duriT the AGRER&ENT. shall not discriminate on the grounds of races color, see, national origin, religion, age, or disability in the selection and retentionorsub-appheantx including procurements of materials and leases of equipment CONTRACTOR shall net participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of 1he Rqulations. (3) Solicualt ens for Sub -agreements Including 1Wcuremgnts erf Mat r a s and l: ui )meat: in all solicitations either by competitive bkklirg or negotiai ion made by CONTRACTOR for wort: to be, performed under a Sub- agrcctnent, including procurements of matertalsor Icasesofcquipment, each potential sub -applicant or supplier shall be notified by CONTRACTOR of the CONTRACI'OW3 obligations under this Agreement and the Regulations relative to nondiscrintinn[ ion on the- grounds afrace, cal or, or naliomI origin. (4) information and Reports: CONTRAt. rOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its banks, records. accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information LPP 1&Ol 290/031858-0008 7645681.2 a00/00/00 Page 21 of 23 Ja nuary 2019 Page 60 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information, (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part (6) .lrlcornomtion of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees - LPP 1"I 290/031858-0008 7645681.2 a00/00/00 To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated "on -board" commercial ocean bill-of4ading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to thiscontract. Page 22 of 23 January 2019 Page 61 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Federal Trainee Program Special Provisions (to be used when applicable) 15. FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees orapprentices is This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades orjob classifications involved, You have primary responsibility for meeting this training requirement If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training, Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability ofjourneymen in the various classifications within a reasonable recruitment area. Before starting work, subm it to the City/County of 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3 Training starting date for each classification Obtain the City/County's of approval for this submitted information before you start work The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training, Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2 Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification The City/County of and FHWA approves a program if one of the following is met: L It is calculated to: • Meet the your equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in away consistent with the equal employment responsibilities of Federal -aid highway construction contracts Obtain the State's approval for your training program before you start work involving the classification covered by the program. LPP 18-01 290/031858-0008 7645681.2 a00/00/00 Page 22 of 23 1a nuary 2019 Page 62 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Provide training in the construction crafts, not in clerk. -typist or secretanal-lype pompons. Training is allowed in lower level management positions such as offioc Mincers. estimators, and timekeepers i f the training is oriented toward co iruction applications. Training is allowed in the labor r classification if significant and rnmingfu! training is provided and approved by the division office. Off -site training is allowed if the training is an imcgral part of an approved Staining Program and does riot. makc up a significant part of the overall training. The City/County of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on -site training 2. For off -site traiiung if the apprentice or trainee is currently employed on a Federal -aid project and you do at least one of the following: • Contribute to the cost of the training • Provide the instruction to the apprentice or trainee • Pay the apprentice's or trainee's wages during the off -site training period 3. If you comply this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee: 1, Copy of the program you will comply within providing the training LPP 19-01 290/03t858-0008 7645681.2 a00/00/00 Page 23 of 23 January 2019 Page 63