item 17 - calexico.ca.gov342ed706-1ebb-4fde-bd1e... · 01/08/2018 · reject the granite bid...

AGENDA

ITEM

17

AGENDA STAFF REPORT

DATE:

TO:

PREPARED BY:

SUBJECT:

August 1, 2018

Mayor and City Council

David Dale, City Manager D 0 City Council Approval of the following:

a. Reject the Bid Submitted by Granite Construction Company as Nonresponsive for Failure to Demonstrate Good Faith Efforts to Comply with Federal Disadvantaged Business Enterprise Regulations.

b. Reject the Bid Protest Submitted by Granite Construction Company.

c. Waive the Minor Deviations in the Bid Submitted by Pyramid Construction and Aggregates, Inc. and Award a Contract to Pyramid Construction and Aggregates, Inc., as the Lowest Responsible Bidder Submitting a Responsive Bid, in the Amount of $5,984,593.00 (Base Bid)+ $37,625.00 (Additive Bid) for Cesar Chavez Blvd. Improvements - Federal Project No. HPLUL-5168(017).

d. Authorize the City Manager to Sign the Construction Contract between the City of Calexico and Pyramid Construction and Aggregates, Inc., for Cesar Chavez Blvd. Improvements - Federal Project No. HPLUL-5168(017).

=================================================================== Recommendation:

It is recommended that the City Council of the City of Calexico approve the following:

a. Reject the bid submitted by Granite Construction Company as nonresponsive for failure to comply with federal Disadvantaged Business Enterprise regulations.

b. Reject the bid protest submitted by Granite Construction Company.

AGENDA ITEM

il

c. Waive the minor deviations in the bid submitted by Pyramid Construction and Aggregates, Inc. and award a contract to Pyramid Construction and Aggregates, Inc., as the lowest responsible bidder submitting a responsive bid, in the amount of $5,984,593.00 (base bid) + $37,625.00 (additive bid) for Cesar Chavez Blvd. Improvements - Federal Project No. HPLUL-5168(017).

d. Authorize the City Manager to sign the construction contract between the City of Calexico and Pyramid Construction and Aggregates, Inc., for Cesar Chavez Blvd. Improvements - Federal Project No. HPLUL-5168(017).

Background:

The City of Calexico Public Works Department has received a grant from the United States Department of Transportation for construction in the amount of $7,104,240.00 (Federal $5,500,000.00 and Local Match $1,604,240.00) for Cesar Chavez Blvd./Calexico-West Port of Entry between HWY 98 and Second Street - Federal Project No. HPLUL-5168(017).

On April 29, 2018, the City requested bids for Cesar Chavez Blvd. Improvements -Federal Project No. HPLUL-5168(017). The proposed work includes, but is not limited to, the construction of street improvements; street light installation; traffic control; excavation; placement and compaction of fill materials; PCC curb and gutter; sidewalk; raised median; curb ramps; retaining wall; block wall; asphalt concrete paving over base; traffic signal modification; installing new traffic signal; mast arms; foundations; thermoplastic pavement markings and traffic striping.

The project involves roadway improvements and street widening throughout. It is the intent of the project to widen Cesar Chavez Blvd. to provide two through lanes in the northbound direction and three lanes in the southbound direction to install a traffic signal at the intersection of Cesar Chavez Blvd. at Grant Street, and to modify the existing traffic signal at Cesar Chavez Blvd. at Second Street.

Discussion & Analysis:

On May 24, 2018, the City received four (4) bids:

Company 1 Granite Construction 2 Pyramid Construction 3 Hazard Construction 4 Sully-Miller Contracting

Base Bid $5,957,460.00 $5,984,593.00 $6,694,830.00 $7,830,000.00

Additive Bid $201,875.00 $37,625.00 $241,750.00 $233,000.00

Granite Construction Company ("Granite") submitted the lowest base bid of $5,957,460. Because the project is federally funded, all bidders were required to comply with federal Disadvantaged Business Enterprise ("DBE") regulations, codified at Title 49, Code of Federal Regulations, Part 26. As part of this requirement, bidders were required to meet the contract DBE goal of 15% or demonstrate good faith efforts to do so. Granite Construction Company did not meet the contract DBE goal of 15%; therefore, the City

was required to engage in a determination of whether Granite Construction Company made good faith efforts to do so via a review of the good faith efforts documentation submitted with the bid.

On or about June 18, 2018, the City received a Memorandum regarding Granite's good faith efforts documentation from the California Department of Transportation, Division of Local Assistance ("Caltrans"). Following review of the good faith efforts documentation, Caltrans determined Granite did not adequately demonstrate good faith efforts to meet the contract DBE goal. After carefully reviewing all bid documentation from Granite, the City determined Granite did not meet the 15% DBE goal nor make adequate good faith efforts to do so in accordance with Title 49, Code of Federal Regulations, Part 26.

On July 12, 2018, the City provided verbal notice to Granite that it intended to reject the Granite bid based on its failure to comply with federal DBE regulations and provide adequate documentation of good faith efforts to meet the contract DBE goal. Granite requested administrative reconsideration of the City's determination. The City engaged in the administrative reconsideration process in accordance with Title 49, Code of Federal Regulations, Section 26.53(d). On July 16, 2018, a reconsideration hearing was held to provide Granite an opportunity to appeal the finding of nonresponsiveness based on its failure to meet federal DBE regulations. On July 17, 2018, a written decision on reconsideration was provided to Granite explaining the basis for the finding that Granite did not meet the contract DBE goal and failed to make adequate good faith efforts to do so.

On July 19, 2018, the City received a bid protest from Granite asserting that the bid submitted by Pyramid Construction and Aggregates, Inc. was nonresponsive. Granite's protest alleges that the Pyramid's bid is nonresponsive because the bid fails to include contractor's license numbers for the subcontractors. For projects subject to federal funding, no bid submitted shall be invalidated by the failure of the bidder to be licensed. (Pub. Contract Code 20103.5.) Therefore, this is not a deviation and this protest basis has no merit. In addition, Granite's protest alleges that Pyramid's bid does not contain the Equal Employment Opportunity Certification for any of the proposed subcontractors nor did Pyramid submit a responsive DBE Commitment Form. The City has determined that it may exercise it discretion and waive these irregularities because these issues would not have allowed Pyramid to withdraw its bid, nor do they give Pyramid an unfair advantage.

Based on the foregoing, Public Works Staff requests the City Council of the City of Calexico reject the bid submitted by Granite Construction Company as non responsive for failure to comply with federal DBE regulations, exercise its discretion and waive the inconsequential deviations in Pyramid Construction and Aggregate, lnc.'s bid submittal, reject the Granite bid protest and award a contract to Pyramid Construction and Aggregate, Inc., as the lowest responsible bidder submitting a responsive bid, in the amount of $5,984,593.00 (base bid) + $37,625.00 (additive bid) for the Cesar Chavez Blvd. Improvements - Federal Project No. HPLUL-5168(017). Pyramid Construction and Aggregate, Inc., met the 15% contract DBE goal thereby satisfying federal DBE regulations. Public Works Staff also requests the City Council authorize the City Manager to sign the construction contract with Pyramid Construction and Aggregate, Inc.

Fiscal Impact:

Federal Grant SB 1 - Local Match Total

Coordinated With:

Public Works Department.

Attachment(s):

1. Bid Tabulation Sheet. 2. Pyramid Construction Bid. 3. Hazard Construction Bid. 4. Sully-Miller Contracting Bid. 5. Granite Construction Bid. 6. Pyramid Construction and Aggregates, Inc. Contract. 7. Granite Construction Bid Protest Dated July 19, 2018.

$5,500,000.00 $522,219.00

$6,022,219.00

8. Letter from State of California Department of Transportation dated June 18, 2018.

Date: May 24, 2018 Time: 2:00p.m. Location: City Hall, Office of the City Clerk, 608 Heber Avenue, Calexico, CA

BASE BID

Approrimate Item No.

Quaotity Unit Description

1 1 LS Mobilization

2 1 LS Traffic Control

3 1 LS Water Pollution Control

' 20,000 CY Unclassified Excavation

5 1 LS Clearing, Grubbing and Removals

6 8,850 LF Construct 8" Curb and Gutter

7 640 LF Construct 6'' Curb and Gutter

8 7,400 LF Construct 6" Curb

9 14,850 lDN Construct A.C. Pavement

10 7,300 SF ConITTruct 10·· Thick P.C.C. Pavement

11 42.000 SF Corutruct 6" P.C.C. Sidewalk

12 16,235 CY Cnished Miscellaneous Base

13 15 EA Construct Curb Ramp per APWA

14 l EA Construct Type B Passa~way

15 3 EA Install Detectable Warning Surface

16 5,800 SF Construct P.C.C. Driveway k Shown on Plans

17 500 SF Corutruct P.C.C. Cross Gutter

18 13 EA Adjust Sanitary Sewerl1Jtility to GTade

19 17 EA Vault!Vah'Cfi'l':!eter To Be Relocated

20 22 EA Vault!Valve/!vleter To Be Adjusted to Grade

21 5 EA Relocate and/or Modify Fire Hydrant to Grade

22 1,150 LF Construct Chain Link Fence

23 8 EA Remove/Relocate Existing Post

24 1 EA Relocate Existing Mailboxes

25 l,&00 LF Replace Wall and Fence in Klnd

26 750 LF Construct Block Slough Wall

27 3 EA Constni_ct Under Sidewalk Drain

28 1 LS Conmuct Reinforced Concrete Retaining Wall

19 58 EA Construct Median Break

30 1 LS Traffic Signal -Cesar Chavez Blvd at Grant Street

CITY OF CALEXICO CESAR CHAVEZ BLVD. IMPROVEMENTS

FEDERAL AID PROJECT NO. HPLUL-5168(0I7)

ENGINEER'S GRA."lllTE

ESTIMATE CONSTRUCTION

llnit Total Unit Total

Price Price Price Price

150.000.00 150.000.00 75.000.00 75,000.00

175,000.00 175,000,00 110,145.00 110,145.00

75.000.00 75,000.00 !3.000.00 13,000.00

25.00 500.000.00 32.00 640.000.00 125,000.00 125.000.00 119.000.00 119,000.00

35.00 309,750.00 28.00 247,800.00

30.00 19,200.00 3 LOO 19.&40,00

25.00 185.000.0D 13.20 97.i'i&0.00

100.00 1,485,000.00 11 !.00 1,648,350.00

15.00 109,500.00 13.50 98,550.00

8.00 336,000.00 8.50 357.000.00 30.00 487,050.00 39.00 633,165.00

5,000.00 75,000.00 3.700.00 55.500.00 8.000.00 8.000.00 10.000.00 10,000.00

500.00 l,500.00 1.200.00 3,600.00

10.00 58,000.00 13.50 78,300.00 20.00 10.000.00 25.00 12,500.00

1,000.00 13,000.00 1,850.00 24,050.00 1.500.00 25,500.00 L400.00 23.800.00

1.000.00 22,000.00 1.000.00 22,000.00

1,500.00 7,500.00 5.500.00 27,500.00 50.00 57,500.00 72.00 82.800.00

1.000.00 8.000.00 600.00 4,800.00

250.00 250.00 530.00 530.00 200.00 360,000.00 120.00 216,000.00

100.00 75,000.00 78.DO 58,500.00

5.000.DO 15,(>00.00 2.400.DO 7,200.00

400.000.00 400.000.00 500.000.00 500,000.00 l,000. 00 58.0DD.OO 445.00 25,810.00

320.DOO.OO 320,000.00 306,000.00 306,000.00

31 1 LS Traffic Signal - Cesar Chavez Blvd at Second Street only noles G and H 280.000.0D 2&0,000.00 29.000.00 29,000.00

32 1 LS Signing and Striping 120.000.00 120,000.00 100.000.00 100,000.00

·~ '-·~~•••• • •=---~- ~=~~~~~=~==--·~~==--•~ -~~~,~·.,-~., ·•~c~.,r~,~--. ---·~--~~ ... ~~-;-. ~-~-~~~C.~M"·O • '

PYRAMID HAZARD SULLY MILLER CONSTRUCTION CONSTRUCTION CONTRACTING Unit Total Unit Total Unit Total

Price Price Price Price Price Price 683,000.00 683,000.00 100,000.00 100,000.00 470.625.00 470,625.00

200,000.00 200,000.00 546,500.00 546,500.00 135,000 00 135.000.00 100,000.00 100,000.00 100,000.00 100,000.00 18.000.00 18,000.00

25.00 500.000.00 23.00 460.000.00 35.00 700.000.00 70,500.00 70.500.00 450,000.00 450,000.00 300,000.00 300,000.00

29.65 262,402.50 29.00 256,650.00 24.00 212,400.00

36.00 23,040.00 31.00 19,840.00 33.00 21,120.00 25.30 l 87.220.00 19.00 140.600.00 19.00 140,600.00 87.8& 1,305,018.00 90.00 1,336,500.00 96.00 1,425,600.00 13.55 98,915.00 8.00 58,400.00 10.00 73,000.00

8.54 358.680 00 7.30 306,60D.OO 8.00 336,000.00 14.10 228,913.50 44.00 714,340.00 60.00 974,JOO.OO

3,582.00 53,730.00 2.800.00 42,000.00 3,000.00 45,000.00 3,3&0.00 3380.00 2,000.00 2,000.00 20,000.00 20,000.00

400.00 1.200.00 500.00 1,500.00 535.00 1,605.00

10.30 59,740.00 10.00 58,000.00 11.00 63,800.00 18.35 9,175.00 50.00 25,000.00 16.00 8,000.00

1,000.00 13,000.00 1,000.00 13,000.00 1,600.00 20,800.00 2,000.00 34,000.00 1,500.00 25,500.00 3.000.00 51,000.00

800.00 17.600.00 800.00 17.600.00 l,400.00 30,&00.00 6,000.00 30,000.00 10,000.00 50.000.00 18,000.00 90,000.00

30.00 34,500.00 25.00 28.750.00 100.00 li5.000.00 220.00 1,760.00 1,000.00 8,000.00 450.00 3,600.00 220.00 220.00 500.00 500.00 450.00 450.00

63.00 113,400.00 1)0.00 162,000.00 225.00 405,000.00 45.00 33,750.00 60.00 45,000.00 175.00 131,250.00

3,000.00 9,000.00 3,000.00 9,000.00 10.000.00 30,000.00 651,000.00 651,000.00 1)50.000.00 950,000.00 850,000.00 850,000.00

650.00 37.700.00 500.00 29,000.00 1,500.00 145,000.00 285,000.00 285,000.00 2&0,000.00 280,000.00 450,000.00 450,000.00

30,000.00 30,000.00 28.000.00 28.000.00 55,000.00 55,000.00 150,000.00 150,000.00 75,000.00 75,000.00 90,000.00 90,000.00

,_,,,.,, .. ,. -·~· ;·,;•w ·"" ~,w,;,.,~ . .,., ,-,~~"' .,~.-••. ~,~~'' •~•·u~~~•~ ~"' ._., ~,~,,~~--~-· '"'"'~' """.

)> ~

or n ::;

3 11)

:::i ~

z .o .....

33 1 LS 34 4.700 SF 35 25 EA 36 60 LF 37 1 LS 38 4,500 CY

ADDITNE ALTERNATE #1 BID

Al 1,250 TON

A2 1,150 CY

A3 1 LA

Street Lighting

Com:tmct 6~ PCC Driveway Transition

Remove Existing Trees and Roots

Furni~h And Install K~Rail

Construction Surveying and Monumentarion

Unclassified Fill

Base Bid Tobi!

AC Pavement

Croshed Miscell!l.Ileous Base

CITY OF CALEXICO CESAR CHAVEZ BLVD. IMPROVEMENTS

FEDERAL AID PROJECT NO. HPLUL-5168(017)

150,000_00 150,000.00 165.000.00 165,000.00

10.00 47,000.00 11.00 51,700.00

1,000.00 25,000.00 600.00 IS.ODO.CO

100.00 6,000.00 89.00 5.340.00 75,000.00 75,000_00 55,000.00 55.000.00

70.00 315,000.00 4.00 18,000.00

6,488,750.00 5,957,460.00

100.00 125,000.00 114.00 142,500.00

30.00 37,500.00 39.50 49375.00 Signing and Striping· Double Yellow instead of Raised Median 10,000.00 10,000.00 10.000.00 10,000.00

Additive Total ~ 201,875.00

150.000.00

20.00

600.00

JOO.DO

100,000.00

7.50

8.88

14.10

9.000.00

"= ~·•c·-~-··-~·••--;~"r'""»=··~··~·'-"'·~-=~'"'~•·•~--~,.,.,,,=~~' "'..,,-~ ,.,,~,.-~ .. ~. ~-~Y-'"""""·'"-'"='•~-,,=··=~=•~=~•~-•~_,_,.,,,~=~•=-~~,~=~-~-~~.-~,=.-=~ "-"'~"~•-~~-~~'-"·~• .·

150,000.00 \85.000.00 lBS,000.00 95,000.00 95,000.00 94.000.00 9.00 42,300.00 12.00 56,400.00

15,000.00 650.00 16,250.00 2.450.00 61,250.00 6,000.00 100.00 6,000.00 160.00 9,600.00

100,000.00 61,000.00 61,000.00 60,000.00 60,000.00

33,750.00 10.00 45,000.00 30.00 135,000.00 5,984,594.00 6,694,830.00 7 ,830,000.00

11,000.00 107.00 133,750.00 110.00 137.500.00

17,625.00 78.00 97,500.00 70.00 87,500.00

9,000.00 J0,500.00 10,500.00 8,000.00 8,000.00 37,625.00 ~ ~

--""-~-<"~',."' .,. -··- ---~--~~.~-·--·-~~~~-~-~~--

Attachment No. L

.1,:.. ·-!.

"

l'ROPOSAL BID FORM

TO THE PUBUC WORKS DIRECTOR/CITY ENGINEER OF THE CITY OF CALEXICO:

The undersigned hereby declares that he has carefully examined the location of the proposed work

that he has examined the plans and specifications and read the accompanying instructions to

bidders and hereby proposes to furnish all material except owner furnished materials, and do all

work required to complete the said work in accordance with said plans and specifications and

special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.

Name of firm: Pyramid Construction and Aggregates, Inc.

~~-- -

Item No. Approximate

Unit Description Unit Total Quantltv Price Prlc:e

1 1 LS Moblllzatlon 683,000.00 683,000.00

2 1 LS Traffic Control 200,000.00 200,000.00

' 3 1 LS Water Pollution Control 100,000,00 100,000.00

4 20,000 CY Roadway Excavation 25.00 500,000.00 ,.

5 1 LS Clearing, Grubbing and 70,500.00 70,500.00

Removals

6 8,850 LF Construct 8" Curb and Gutter 29.65 2~2,402.50

7 640 LF Construct 6" Curb and Gutter 36.00 23,040.00 "

8 7,400 LF Construct 6" Curb 25.30 187,220.00

9 14,850 TON ConstructAC, Pavement 87.88 1,305,018.00 ·-

10 7,300 SF Construct 10" Thick P.C.C. Pavement 13.55 98,915.00

11 42,000 SF Construct 6" P.C.C, Sidewalk 8.54 358,680,00 .

12 16,235 CY Crushed Miscellaneous 8ase 14.10 228,913.50

13 15 EA Construct Curb Ramp per APWA 3,582.00 63,730.00

14 1 EA Construct Type B Passageway 3,380.00 3,380.00 ··-

15 3 EA Install Detectable Warning 400.00 Surface 1,200.00

16 5,800 SF Construct P.C.C. Driveway As Shown on Plans 10.30 59,740.00

17 500 . SF Construct P.C.C, Cross Gutter 18.35 9,175.00

57

I

I

I

I i !

1'

I ' i ~ I

I I ' i I I r

I ' i I i

I

i I I i

·-Adjust Sanitary Sewer/Utility to 18 13 EA Grade 1,000.00 13,000.00

19 17 EA VaulWalve/Meter To Be Relocated 2,000.00 34,000.00

20 22 EA VaulWalve/Meter To Be Adlusted to Grade 800.00 17,600.00

21 5 EA Relocate and/or Modify Fire 6,000.00 30,000.00 Hydrant to Grade

22 1, 150 LF Construct Chain Llhk Fence 30.00 34,500.00 ·--·-

23 8 EA Remove/Relocate Existing Post 220.00 1,760.00 ----

24 1 EA Relocate Existing Mailboxes 220.00 220.00

25 1,800 LF Replace Wall and Fence In Kind 63,00 113,400.00

26 750 LF Construct Block Slough Wall 45 33,750.00

27 3 EA Construct Under Sidewalk Drain 3000 9,000.00

28 1 LS Construct Reinforced Concrete Retalnlno Wall 651000 651,000.00

29 58 EA Construct Median Break 650 37,700.00

30 1 LS Traffic Stgnal -Cesar Chavez 285000 Blvd at Grant Street 285,000.00

Trarnc Signal - Cesar Chavez 31 1 LS Blvd at Second Street only

noles G and H 30000 30,000.00

32 1 LS Signing and Striping 150,000.00 150,000.00

33 1 LS Street Ughtlng 150,000.00 150,000.00 ~.

Construct 6" PCC Driveway 34 4,700 SF Transition 20 94,000.00

-· Remove Existing Trees and 35 26 EA Roots 600 15,000.00

. --

36 60 LF Furnish And Install K-Rall 100 6,000.00

37 1 LS Construction Surveying and

100,000.00 100,000.00 Monumentation

38 4,500 CY Unclasslfled Fill 7.5 33,750.00

Grand Total Bld:-"$5°',9"'84-"'"'59"'3"'.o"-o ----------------

Grand Tota! Bid Price Written ln Words: Five million, nine hundred eight four, five hundred ninety three dollars and zero cents.

1.00 -The undersigned hereby acknowledges the receipt of the following addendum:

None __ _,· No. 1_x_~· No. 2 x · No, 3_x_~· No. 4 ___ ; No. 5 __ _

58

CITY OF CALEXICO

BID SHEET - ADDITIVE AL TERNA TE #1

CESAR CHAVEZ BLVD. IMPROVEMENTS (FEDERAL-AID PROJECT NO.:HPLUL-5168(017))

NAME Of COMPANY: Pyramid Construction and Aggregates, Inc.

To the Honorable Mayor and Members of the City Council:

This Additive Alternate #1 will provide bid prices to construct additional AC. Pavement and Double yellow Striping instead of the proposed raised median along Cesar Chavez Boulevard. The City may or may not award this work al their discretion, depending upon available funding. The bid prices shall provide full payment for complete construction of the anticipated work. Determination of the lowest responsive bidder will be based on the Base Bid, and will not Include this Additive Alternate bid.

Item Description Estimated Unit Meas. Unit Total·-No. Quantlt)!'. Price Amount

AC Pavement .

A1 1,250 TON 11,000 8.88

A2 Crushed Miscellaneous Base

1,250 CY 14.10 17,625.00

A3 Signing and Striping -Double Yellow Instead of

1 LS 9000 9,000.00 Raised median

TOTAL BID ADD. ALT. #1 37,625.00

TOTAL ADO. ALT. #1 IN WORDS: Thirty seven thousand six hundred twenty five and zero cents

5BB

l

I ' .' ' I

I I I ,!

~ ~ ~ \ [ ~

j

I I I

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder Pyramid Construction and Aggregates 1 Inc.

proposed subcontractor Universal Concrete Construction hereby

certifies that he has_, has not.E_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

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 (EE0-1) 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 41CFR60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Date: 7/27/2018 Arsenio Abeyta

Contractor's Name

Project Manager

Title

END OF EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

84


The bidder Pyramid Construction and Aggregates, Inc.

proposed subcontractor Payco specialties, Inc. hereby certifies that he has __ ,

has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

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 Jn 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EE0-1) 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 contractor 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 of Labor.

Date: 1 /21 /201s Arsenio Abeyta

Contractor's Name

Project Manager

Title


84



proposed subcontractor Pavement Recycling Systems, Inc. hereby certifies that he has_, has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor {41 CFR 60-1.?(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth In 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)


Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41CFR60-1.7(b) {1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.


Contractor's Name

Project Manager

Title


84



proposed subcontractor R-Dugan Construction, Inc. hereby certifies that he has __ , has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

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 Jn 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)


Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60·1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of labor.

Date: 7 /27 ;201s Arsenic Abeyta

Contractor's Name

Project Manager

Title


84



proposed subcontractor BJ Engineering and surveying, Inc. , hereby certifies that he has __ ,

has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

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.)




Contractor's Name

Project Manager

Title


84



proposed subcontractor Supreme Electrical Contracting, Inc. , hereby certifies that he has __ ,

has not.2!_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41CFR60-1.?(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.)



Date: 7 /27 ;201s Arsenio Abeyta

Contractor's Name

Project Manager

Title


84



proposed subcontractor Perry Electric hereby certifies that he has~ has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41CFR60-1.7(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 {EE0-1) 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 41CFR60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.


Contractor's Name

Project Manager

Title


84



proposed subcontractor Southern California Soil Testing , hereby certifies that he has __ , has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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 req ulrements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41CFR60-1.7(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 41CFR60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)



Date: 7 /27 /201s Arsenic Abeyta

Contractor's Name

Project Manager

Title


84


The bidder Pyramid Construction and Aggregates, Inc. proposed subcontractor All valley Fence hereby certifies that he has__, has not~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.?(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth In 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)


Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41CFR60-1.?(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Date: 7/27/201a Arsenio Abeyta

Contractor's Name

L Project Manager

Title


84



proposed subcontractor LandMark Consultants hereby certifies that he has __ ,

has not_!_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, 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.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of labor (41CFR60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth In 41 CFR 60-1.5. {Generally only contracts or subcontracts of $10,000 or under are exempt.)


Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41CFR60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department oflabor.

Date: 7/27/2018 Arsenic Abeyta

Contractor's Name

Project Manager

Title


84

SUBCONTRACTORS LISTING

As required by Section 4100 of the Public Contract Code of the State of California, Contractor shall comply with the "Subletting and Subcontracting Fair Practices Act" of the State of California, and shall list all subcontractors required to be listed thereby.

PORTION OF WORK NAME DIR NUMBER PLACE OF BUSINESS ADDRESS/TELEPHONE No.

Street lights Supreme Electrical Contracting, Inc. 272207 1000006865 760~:3's5z~ .. El eentro, "" ""'"' .. "'

Traffic Slgnels Perry Electr!c 747931 1000012332 PO Bo~ 710130. Sanlee. CA 92072 619-449-0045

Southern California Soil Testing 1000032659 6280 Riverdale St Asphal! testing San Diesqo, CA 92120

Fencing All Valley Fence 895082 1000002346 P07~~~!td0ferial CA 92251

~ IUmanc; vui i;:,U"ants 31~.c;1 1000004057 780 N. 4th Street, El Centro, CA 92243 Soil Testing

• D No subcontractor will be used for this project. 760-370-3000

512412018 Arsenic Abeyta

Date Contractor's Name

Project Manager

Title

*indicate cg] if no subcontractor will be used.

END OF SUBCONTRACTORS LISTING

82

SUBCONTRACTORS LISTING

As required by Section 4100 of the Public Contract Code of the State of California, Contractor shall comply with the "Subletting and Subcontracting Fair Practices Act" of the State of California, and shall list all subcontractors required to be listed thereby.

PORTION OF WORK NAME DIR NUMBER PLACE OF BUSINESS ADDRESS/TELEPHONE No.

Concrete Univeisal Concrete Construction 1019619 1000046231 42250 Jackson St., Suite Cl 03 #171, Indio, CA 92203 760-702-8548

Striping Payco Specialties, Inc. 298637 1000003515 ,~~m.fmnd Ave .. Chula Vista. CA 91910

Pulverizing Pavement Recycling Systems, Inc. 569352 1000003363 102~n Sevaine Way, Jurupa VAlley, CA 91752 951 -1091

Retaining Wall R · Dugan Construction, !nc. 621586 1000007798 6157 Marlatt St. Mire Loma. CA 91752 951·360·7531

Surveying BJ Engineering and Surveying, Inc. 66706 1000002617 "'~ vve .. , vrown voon, ;;:iUI e ·-· , mpena1, ·---

760-353-3552

• D No subcontractor will be used for this project.

5/24/2018 Arsenic Abeyta

Date Contractor's Name

Project Manager

Title

*Indicate [:gJ If no subcontractor will be used.

END OF SUBCONTRACTORS LISTING

82

Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Snbcontractors (DBE and NON-DBE)

Exhibit 12-B Bidder's List of subcontractor (DBE and Non-DBE) Part2

In accordance with Title 49, Section 26 of the Code ofFederal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms.

Subcontractor Name and Location

Name: Universal Concrete

Crty, State:

Indio, CA

Name: All Valley Fence

LftY, state:

Name: SCST

Qty, State:

Santee, CA

Name: Landmark

Crty, State:

El Centro, CA

Name:

City", State:

Name:

Oty, State:

Line Item & Description

6,7,8, 10, 11, 13, 14, 15, 16

17 ,26,27 ,29,34

22,25,26

9

4, 12,6,7,8, 10, 11, 13, 14,

15, 16

I Subcontract Amount

846,730

2201,614

129,842

100,000

Distribution: 1) Original-Local Agency Fife 2) Copy-DLAE w/ Award Package

I Percentage of Bid Item Sub-

contracted

' BOo/o

90%

7o/o

7°/o

Contractor DBE License Number (Y/N) DIR Reli Number

1019619

1000046231 IV

895082

' N 1000002346

N

1000032659

31921

N

1000004057

DBE Cert Number

Annual Gross Receipts

1i~~~:!.j·:~~:~~ .... ;~::~ F <$1 million .. f.•~"*;:°i'.~ :":\i. ~~~·': ~s million ~ i;: ~; .. '-""•{ ·:1 .• ~·~-A· .i.r,.··,~:/· 1! <$10 million : .;;t.~~~J·.:; .. ~~-~.1~; t'

l··~;'f{-'·;~'*':f;·~-:/,? <$15 million _ff~~~.m.~~;:LU..1{ Age of Arm: vrs. ':.---~~i-ir~~~--~1~f:,,·< - <$1 million •1·•• "''·,~"'{;.:,., •. ,l''l-Ft--:-;:;-::""~:----1 ~:ti,·~.,.;i!~-- 'r' • '-7\~ ~') !:·t -?"!"--:;<St;':S~m';;;;iltlio;;;;n;----1 g·-!; i'; JJI ti:.- 1_·';·

,:,:~(~: ;:.,,_~~;:W, <$10 million

!""'""" .. , .. , ,, \ ··~~~,lk\ -1~. ·0 -c.15 million '•\· ~·~1~~i1.2;t~l-'='---?::':..:;""="----"j ~l.WJ'\~_!;.,_-, .. :_1.:_~ Age of Firm: _yrs,

l~~~f~t~~Jk~~ 0 -<$1 million '?Ji.~.;~)'~,/\~.~·,--;~~ <$5 million .. ~~1~!£:':•,!' 1~~r;:~~ <$10 million If" •_J~ ~•·'ii·'-", ,;i·.r°'~~-~i:,y:J;•.'~-~ 0 <$15 million (:: ;~~-:r.~ ~;i;~~··l -==.--,-,,,.---------! .... lt'~:i'p~:,,., Age of Firm: _yrs. -".'"'·~-·~·fr-*·- ~"l''' D li~~_g1~i· $'.•,J··,·~~f! <$1 million ·"~'"""': ,,,,., <$5 ·11· -.·~~c:t-;;i:;·;.,N1--i'... mi ion )i~if_l~;J:\,;·1ii~:, ~10 mrnion I

"'""'" .. "' $ l:w:-'l.f :i'! ,.,; .. -.,:;--, .. fi < 15 million ~ .... ,.~ ., .• ~,.. . ·r;.. ~% .. J'.!li~~-t._·~·~. Age of Firm: _ yrs.

~;f;;r!f!; ..... -/Fi;· '1 TI <$1 million • ,v ~;:1-; '· ~' ~ .. :'. ·1I~ .. S'{"1 ,'1''.',' <$5 million :;.1~·i<f.>'.\tl.:c.; ; T. ~·~~1~j'ji.f?l' <$10 million -.a-)~·.- .. d ·"(; .. ~. <$ · ·

:; .... ,,_., 1 ~{!~"'· lS m1lhon •-;-i; •,,Ii.' l'~:);<i., -1

·~~"fi:.~:;i..~-:~: Ait.e of Rrm: vrs.

tifi::J:tw~$it D ~~ :::::~~ i~~l;~~··:y~-1~ )ii <$10 million .. ((j~,. '"'""~' ,.,_:;.,'4 '~'.;.·i1\l"~\•~u·.~'.-':-:f.• <$15 million ~~~:,(;::i!:?Jlr:~~, Af;e of Firm: _ _ _ vrs.

Page 2 of2 January 2018

Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractor.; (DBE and NON-DBE)

Exhibit 12-B Bidder's List of subcontractor (DBE and Non-DBE) Part 1

As of March 1, 2015 Contractors {and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and

certified to bid on Public Works contracts. Please register at: https:l/efiling.dir.ca.gov/PWCR/ActionServlet?actlon=displayPWCRegistrationForm

In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5o/ci) of the Total Base Bid or $10,000 whichever is -••r\. Photoeonv this form for additional firms.

Subcontractor Name and Une Item & Oesaiption Subcontract Percentage of Location Amount Bid Item Sutr

contracted Name: Payco Specialties, Inc.

Oty, State: 32 96805 90o/o Chula Vista, CA

Name: Pavement Recycling, Inc.

City, State: 4 22680 2% Jurupa Valley, CA

Name: R- Dugan Construct1cin, Inc.

City, State: 22 559334 90°!o

Mira Lmna, CA

Name: BJ Engineenng and Surveying, Inc.

Oty, State:

Imperial, CA 37 52680 90o/o

Name: Supreme Electrical Contracting, Inc.

City, State: 31 142,500 90% El Centro. CA

Name: Perry Electric

City, State: 30,31 296,000 90°/o Santee, CA

Distribution: 1) Original-Local Agency File 2) Copy-DlAE w/ Award Package

Federal Proiect Number: Contractor DBE DBE Cert

License Number (Y/N) Number DIR Reg Number

~~;~fj~~ 298637

y

1000003515

~~~~~~.\~ ~m~1~, ~-,,_, . ~ ,,,,, '!!· "'\{ ' ,.

569352 _J:..~.;t «J ;"r, ·,f~f N ff!:; ~ -~:11~!'-U~\;;>

1000003363 -~~;:·~~-~ ~\.'.f~j 1ltl~IDuf .:Jl ~,., ~ "•'"

:.. ~-"'')~'" ·.:P,i!~-- /)~~~ :r,iw .... ~ ~.(»':.1

621586 't-·~~.-~,!:tii(~"

y ;;.w:~~'.~~~~~: '"'~<;;'{'~

1000007798 .'_l~t.V•~ ~(,'.'.:)~:I .. 'R~;t~l""' ~.- -- .. ,,-:.)~ A'~'~"""'a·.:· ~ ·, _,, ,~,

66706 ~: .. ~(,~'~·"· N if• ' . ' il".· ~\I' ~):;~}-~~~i

~w::::: t,.,'!f?~: ~~ 1000002617 l~r'ti.~"',ft··:;~ .•• 1

.~:i.J.&l'b;...& ·:~4-®~~~;;~·

272207 ~'·ir•·~· N. ~i'/t~~1~w~~~i ,. 1::.t•";;" '·-i·''>'.fi'

1000008865 :J;~~i_~ .. ;~ ~? '.l;, -~1 &'.:~~dikl • ' ·~1;:,~:;. -

.P~'~i'if* 747931 ·fl~t:to.~ .. '9.® ;: •1j,f1 ~-t::-~~, ·~·<

N ~Jl'5't'< '~(\~- ~'!.~ .: .. ~ 1000012332 ,' ~~·· .. ... ,t~ . \. ~i·i;~. '1~:,,~~~~I I .;o. J'''' ~' . ··'

Annual Gross Receipts

<$1milllon <SS million

<$10million <$15 million

Age of Firm: yrs.

<Sl million <$5million <$10 million <:$15 mitlion

Yle of Rrm: yr~

<$1million <$5 mitlion <$10 million

D <$15 million

Age of Firm: yrs. <$1 million <SS million <$10million <$1S million

Age of Firm: yrs.

<$!million <$5 million ~lOmllnon

<$15 million '2:e of Firm: yrs .

<$1 million <$5 million <$10million <Sl5 million

AEe of Firm: vrs.

Pagel of2 January 2018

Attachment No. 3

PROPOSAL BID FORM

TO THE PUBLIC WORKS DIRECTOR/CITY ENGINEER OF THE CITY OF CALEXICO:

The undersigned hereby declares that he has carefully examined the location of the proposed work

that he has examined the plans and specifications and read the accompanying Instructions to

bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work In accordance with said plans and specifications ar\d

special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all Items shown in the proposal.

Name of firm: HAZARD CONSTRUCTION COMPANY

ltem No. Approx:lmate

Unit Description Unit Total

Quantity Price Price

1 1 LS Mobilization fQ0121)Q:- ,,...,,, hr. .... -

' 2. 1 LS Traffic Control -5'"{0500 :)if{,,~ , 3 1 LS Water Pollution Control

(00 ~A~- f()f), jX)O ,.-

4 20,000 CY Roadway Excavation ?"<:

~

'f b 0, fl"" -:-Clearing, Grubbing and 5 1 LS -Removals '15'0.QQI> :- '1. <fl t£lD , '

6 8,850 LF Construct 8" Curb and Gutter ,.- ~

7".} 7.C::I. t,:)Q

7 640 LF Construct 6" Curb and Gutter ,-I 'f '!?'Io-:-6l

8 7,400 LF Construct 6u Curb q-' I . l_'f_O bOO'": 9 14,850 TON Construct AC. Pavement 10 ": I 7 '2.t ~'""':

Construct 10" Thick P.C.C. ' ,

10 7,300 SF ~ -Pavement 8' .5'/l, tjof). '

11 42,000 SF Construct 6" P.C.C. Sidewalk 7§Q._ 1~01,., t,ori--: ' 12. 16,235 CY Crushed Miscellaneous Base -'I'{. 1711/ -:>.t/o-

Construct Curb Ramp per ' 13 15 EA APWA 2 f?fln ~ tfJ M1n~

' )

14 1 EA Construct Type B Passageway 2 On(),... 2. ,,,..,,..,--·

' ' 15 3 EA Install Detectable Warning ~ r .C:6n~ Surface 5()1)_

Construct P.C.C. Driveway As ' 16 5,800 SF ~

-'9 NV!": Shown on Plans ( 0' ' 17 500 SF Construct P .C.C. Cross Gutter -<;'() -. L25 t"\/lro :--

··- I

57

-

I I I I

I I 1

I I I f ' I I ~ ' I ~ f j

I I i

I I I I I

I I

~

! '

18 13 EA Adjust Sanitary Sewer/Utility to I ooo:- 13 Oor);-Grade

VaulWalve/Meter To Be - , 19 17 EA

Relocated I 5'b'D '). 5. <'Dfl-: VaulWalve/Meter To Be

. 20 22 EA - t 7 / on--: Adjusted to Grade 'i?oo 21 5 EA

Relocate and/or Modify Fire -- .<n coo--: Hydrant to Grade IO~"" , , 22 1, 150 LF Construct Chain Link Fence :?~~ 2717€0-

' 23 8 EA Remove/Relocate Existing Post ,,,,.,,.,- 80~-. , 24 1 EA Relocate Existing Mailboxes - '\on-Soo. 25 1,800 LF Replace Wall and Fence In Kind 90-:-- I l-.2 QrJr.-

' 26 750 LF Construct Block Slough Wall LO.- '15'01¥>-

' 27 3 EA Construct Under Sidewalk Drain 3 00"' - ~ oon-:-

Construct Reinforced Concrete ' ,

28 1 LS RetalninQ Wall °tfio ooo - 'f 5""n !Jm ~ ,

29 58 EA --~·

Construct Median Break :S"oo ~

2"1 llnn-

Traffic Signal -Cesar Chavez ' 30 1 LS Blvd at Grant Street J.'8'0 D.QQ- '75<1"1 /Y)f) ~ Traffic Signal - Cesar Chavez

I

31 1 LS Blvd at Second Street only 2?M7>- ----2Z,Q'.JLL:: ootes G and H

' 32 1 LS Signing and Striping 7€" rinrC 7~QOO': 33 1 LS Street Lighting ( fJ 5'. ;Joo-: ( 1J S- IYYI -:

Construct 6" PCC Driveway .

34 4,700 SF t: 47 .".fl/\'°: Transition ~·

Remove Existing Trees and ' w 35 25 EA r.,,50.- I , ~ .__.? I Roots ~,

36 60 LF Furnish And Install K-Rail !On~ /_ onn -Construction Surveying and ' 37 1 LS Monumentation (,f fl/)(]- (, ( MY1-

' ,

CY Unclassified Fill ~

'ff>' nm -38 4,500 /0. ,

Grand Total Bld:---'r-oz6__,9'--'t;4..L!JL..L3,_D~-~----------

Grand Total Bid Price Written in words: S• x vLJ. 1 r r or-I Sr x= !..fu n.114i?f'71 ~ ' Er {rlf/ tfu ,v. yJ/f-b:J 1 Hr tR.-T'1 Pot..~ ,4.. rfl No C&.IT.f

1.00 -The undersigned hereby acknowledges the receipt of the following addendum:

None __ ; No. l_ /;No. 2 V; No. 3 / ; No. 4 ; No. 5 __

58

I I f '

I ' I I

I -;f ,,.c. - ! foJ7-SV. I

I

I I I'

CITY OF CALEXICO

BID SHEET- ADDITIVE ALTERNATE #1

CESAR CHAVEZ BLVD. IMPROVEMENTS (FEDERAL-AID PROJECT NO.:HPLUL-5168(017))

NAME OF COMPANY: HAZARD CONSTRUCTION COMPANV To the Honorable Mayor and Members of the City Council:

This Additive Alternate #1 will provide bid prices to construct additional AC Pavement and Double yellow Striping Instead of the proposed raised median along Cesar Chavez Boulevard. The City may or may not award this work at their discretion, depending upon available funding. The bid prices shall provide full payment for complete construction of the anticipated work. Determination of the lowest responsive bidder will be based on the Base Bid, and will not Include this Additive Alternate bid.

Item Description Estimated Unit Meas. Unit Total No. Quantity Price Amount

A1 AC Pavement

1,250 TON /07.

~

IJJ 7.J""i)


1,250 CY -7"'3. '17 ;>oo:

-A3

Signing and Striping ·Double Yellow lnslead of 1 LS .... Raised median ro <-1m: I 0 S'Oi>,

TOTAL BID ADD, ALT. #1 2'fl 7.51.)

TOTAL ADD. ALT. #1 IN WORDS :f'@ t-/in.trtttf',.q fi.1. r'(!}µe:fiiouJ Ml) 5&c.tJ , {../u1.1KJ~ HfE/'1 iJouhV> Avi<> {'Jo (°.&<J.'!l

58B

~ ' ' I I '~ I g

(

'

I f ! I u

! i

! I l

1

! ' l

1

~

l .l j

I I

Attachment No. 4

PROPOSAL BID FORM

TO THE PUBLIC WORKS DIRECTOR/CITY ENGINEER OF THE CITY OF CALEXICO:

The undersigned hereby declares that he has carefullyexaminedthe ~i;ation of the proposed work

that he has examined the plans ancj specifications and read the accompanying instructions to

bidders and hereby proposes.to furnish all material except owner furnished materials, and do all

work required to complete the said work in accordance with said plans and specifications and

special provlsi9ns for the unit prices set forth in the following schedule. The bidder shall furnish

prices for all Items shown in the proposal.

Name of firm: Sully-Miller Contrcicting Company .__ ________ _

.. Item No.

Approximate Unit Description

Unit Total Quantity Prlc:e Prrce .

1 1 LS Mobilization L/7o. (,,J.S. ,._. fl/)o' o<. _,

2 1 LS Traffic Control /J>a=.- t?<ao=· ~

3 1 LS water Pollution Control I 'iha:X>. - /g-;o.DC>, --4 20,000 CY Roadway Excavation 3.>, ~ 7~~. ~ ------ , 5 1 LS

Clearing, Grubbing and r '.)Coooe>, ....... Removals ;J0•<«"2:>

6 8,850 l.F construct 8" Curb and Gutter 'J'J:.~ f))J l.u=. ~ , 7 640 LF construct 6" Curb and Gutter 31 ~ ';)/po. ---7

8 7,400 LF Construct 6" Curb /Cf/ I Lit?. c., =. ~ ~

9 14,850 TON Construct A.C. Pavement ~(,./ I <../J. s. lco. -. Construct 10" Thick P.C.C. 10 7,300 SF Pavement /0,/ 7J~.~

11 42,000 SF Construct 6" P .C.C. Sidewalk S". ~ 33Coa=.-17. 16,235 CY Crushed Miscellaneous Base &:>, -- "/)U.!=, ~

Construct curb Ramp per ' 13 15 EA APWA 3-=.~ <J.S".c=. /

14 1 EA Construct Type B Passageway ~~-- '\n,,=. ~

Install Detectable Warning 7

15 3 EA S7S./ J {,,OS. /

Surface Construct P.C.C. Driveway As

-; 16 5,800 SF Shown on Plans 11.-- {,,3!fOD. ~ .

' 17 500 SF Conslruct P.C.C. Cross Gutter /I.,/ '6.0X>. ----,

57

I 1

I I '

I I I ' ' ~ I I ' !

I i I ~

~ I I . I ! I Ii

I

1

I

18 13 EA Adjust Sanitary Sewer/Utility to I 4'=. ,-- I 'lDISOD. ----Grade

VaulWa!ve/Meter To Be ,

19 17 EA Relocated :J <>"°. ---- 5'1~- ..----VaulWa!Ve/Meter To Be

7

20 22 EA Adlusted to Grade /, 'fro. / ho. S'cP. ,__.

21 5 EA Relocate and/or Modify Fire 1voco. / ~ Hvdrant to Grade 'Jo=·

I 'i

22 ·i,150 LF Construct Chain Link Fence Io,--0. I /:rooo .. ~ 23 B EA Remove/Relocate Existing Post 'f .)o,

__.,.. :3.G.oo.

__.,..

24 1 EA Relocate Existing Mailboxes lJ5o./ l/S'o. ..--25 1,800 LF Replace Wall and Fence in Kind 'd-')S' /

l/0.).09D, /

26 750 LF Construct Block Slough Wall 117.>. / j)/'1 ''°· ....

27 3 EA Construct Under Sidewalk Drain '10 ~~. / JSD?D.,,, Construct Re/nfon;ed Concrete I

28 1 LS Retaining Wall v:SO.=. /

I 9'<"D, p,:::O, ----~--

'

29 58 EA Constrnct Median Break )s-=. / Ji./5".o=. ,,--.. , 30 1 LS Traffic Signal -Cesar Chavez

'IS'""""""' / ll.)o~~· --- -Blvd at Grant street Traffic Signal - Cesar Chavez

I --

31 1 LS Blvd at Second Street only S' ScX>'.> _,.,.. / noles G and H .>J,oc=.

I , 32 1 LS Signing and Striping ~

~ 9o.<DD. ,.... ~·· /

33 1 LS Street Lighting "£ ··. - oS:~.~

1--~. ~. , 4,700 $F Construct 6' PCC Driveway 34 Transition /') / S-0 'f!;b. ....-

'---35 25 EA Remove Existing Trees and 11;vsv,,.,.. (.I oc0 ~ Roots

I

36 60 LF Furnish And Install K-Rall /G,o, ,..- .9.(,,Co. -Construction surveying and

37 1 LS Monumentatlon

,

(,,ox:;o,,,- Co~-~. -I

38 4,500 CY Unclassified Fill JD ~ l.JS:ooo. -~

Grand Total Bid: :j 'fJOit;OO.

Grand Total Bid Price Written in words:k ~ ~ },_,, U

e µndersigned hereby acknowledges the receipt of the following addendum:

None ·No. 1 j ·No. 2 ./ ; No. 3 ,/ ·No. 4 ·No. 5 __

58

c

,_

i I

I I I I I I f l

~ I I I I

1 I

I ' "

' ~ l I I i

"

CITY OF CALEXICO

BID SMEET - ADDITIVE AL TERNA TE #1

CESAR CHAVEZ BLVP. IMPROVEiMENTS (FEDERAL·AID PRQJECT NO.:MPLUL-5168(017))

NAME OF COMPANY: SulJy-Miller Contracting Company To the Honorable Mayor and Members of the City Counoll:

This Additive Alternate #1 will provide bid prices to construct additional AC Pavement and Double yellow Striping Instead of the proposed raised median along Cesar Chavez Boulevard. The City may or may not award this work al their dlsoretion, depending upon available funding. The bid prices shall provide full payment for complete construction of the anticipated work. Determination of the lowest resp·onsive bidder will be based on the Base Bid, and will not Include this Additive Alternate bid.

Item Description Estimated Unit Maas.

Unit Total No. Quaotltv Pries Amou.nt

-~---·-------·

A1 AC Pavement

1,250 -·

TON 110, --- 37.S'=· - -

A2 Crushed Mlscellaneol1s Base

1,250 CY 7o./ 8?->= ' A3

Signing and Striping :oouble Yellow Instead of 1 LS ,,..-

Raised median B:a:o. -- 'il""'t>, TOTAL BID ADD. ALT .. #1 l;;i34=. -

,_,..

-

TOTAL ADD. ALT.111 IN WORDS:

58B

I I i I !

I I I I I !

I

! I

I i I !

I I I

l I I I I [

' '

! ! '

I I I I i I

Attachment No. 5

PROPOSAL BID FORM

TO THE PUBLIC WORKS DIRECTOR/CllY ENGINEER Of THE CITY OF CALEXICO:

' ·The undersigned hereby declares !hat he has carefully examined the location of the proposed work that he has examined the plans and specificatlol'l5 and read the iitcompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder sh;ill furnish prices for all items shown in the proposal.

Name of firm: Granite Construction Company

Item No. l\pproldmare

Unit Dooofplicn Unit Total

Quantlly Pri<e Price

1 1 LS Motilization 15,eco.oo lS,CXXJ, CJ) --2 1 LS T ra!lic Control \\OtlS.CO l 10

11 L\S.oO

3 1 LS ~ Pollu6on CofJlrol \",.d:O.oo 13,DOO, 00 ~----

4 20,000 CY Roatmay ExC8Yalion 3).()0 Guo,coo.oo '-----~-T

Cfearirig, Grubbing and s ' 1 LS Removals 119,0CO.OO \l'i, 000 00

6 I 8,650 LF Construct 8" Curb and Gutter ?i>.00 ;;1'-17,'l>D0.00

7 640 LF Ccnslruct 6" c ... b and Gutter 31.00 l\"iii0.00

8 7,400 LF ConsUuct 6" Curb 13.;iO '11. (o'30.00 -

9 14,850 TON ConstrnctAC. Pavement \I\. 00 I 1 (,,'-t<(,;:,<;a.00

10 7,300 SF Construct 10" Thick P.C.C. \ 3. 'SO C\'i) I SQ). 00 Pavement

11 42,000 SF Conslruct 6" P.C.C. Sidewall< 'b !SO 3S7, oco.oc

12 16,235 CY Crushed Miscellaneous Base 59.00 I.> "33, i\,,S.CO

13 15 EA Cooslruct C~rb Ramp per :,,700.00 5'5,SW.OD APNA

14 1 EA Cooslruct Type B Passageway 10i0)0.0D to,oao.oo 15 3 EA fnslall ()etectable Warning 1,;?CO.t:O 3, loC().00 Sun'ace

16 5,800 SF Conslrucl P.C.C. Drilleway As I 3.<SO 7'6,W0.00 Shown on Plans -- ~ l7 500 SF l construct P.C.C. Cross Gutter ds.oo I :( 1 S00.00

I

I f ' I ;

1 f ! ! I I ! I ! I

I I I I I

I I I I I: i ~

18 13 EA Adjust Sallitaty Sewet1Ulilily to l,'0'5o .00 JL\

1 O'S0.00 Grade

19 17 EA VaulWalver'Meler To Be t,400. OD 'd-3, 100.00 Relocaled

20 22 EA VaulNalvelMeCl:!r To Be l1COO· OJ ;}:;l

10C0.CO Ad•""""' to Grade

21 5 EA Reloeale andfor Modify Foe 5,soo. co ')7, 9:>0. d) • to Grade

22 1,150 LF Construct Chain Uni< Fence /J,oO ~~ L '600 ' 00

23 8 EA Remove/Reloea!e Exisling Post ~C().00 '-t:ioo.oo 24 1 EA Relocate Eldsting Mailboxes 530.00 'S?O .CJJ

25 1,800 Lf Replace W .. and Fence in Kllld 1?0.co 9- \ l., I O'.X) ' O'

26 7/5-0 LF Cooslxuct Block Slaugh Wall 7'6.00 '5'tl, soo. oc 27 3 EA Conslrucl Under Sidewalk Drain d,4.Db.00 7, 'J,DO. DO

28 1 LS Conslrucl Reinforoed Coocrele -:co, 000. 00 '5o01 ooD. Oc Relaini~ Wall

29 58 EA Conslruct. Median Break YL\$.00 ;jS,l?lo.00

30 1 LS T rallic Signal -Cesar' Chavez ;a,,, 000. 00 "30(,,, oco. ex: Blvd at Grant Sbeet T rallic Signal - Cesar ChaYeZ

31 1 LS Blvd at Secood Slreel only d-'i,OCO 00 ?-9,ooo. co ....._GandH

32 1 LS Signing and~ 1co,coo.co 1 oo,oco.oo 33 1 LS Sheet Ughting I lif,, CW. CO 1w;,cco..tD

34 4,700 SF Cons!ruct 6" !"CC Driwway \\.DO <?J,'1CO.CO Transition

35 25 EA Remove Eldsting Trees and

&co.oo \'5 1000. 00 . Rools

36 60 LF Furnish And I~ K-Rai '3'(.00 s, "3L\Q. co 37 1 LS Conslruction Surwying and

SS,crD.cD SS/:XX>. CO MonumentatiDn

38 4,500 CY U111 I ified Fri L\.00 1'6,W0,00

Grand Total Bid •• · __ 'S__,_"l_S'-7"-.J.-4-~'-o-'-. _o_O _______ _

Grand Total Bid Price Written in words: F1vt. "'.' \l;q,,, n·w"JC ~.J ~~h 'i.e.>Jev\ )

1.00-The undersigned hereby admowleClges the receipt of the following addendum:

None, __ ~· No. 1 X ·No. 2 X ·No. 3 X ·No. 4 __ ;No. 5. __

CITY OF CALEXICO

BID SHEET - ADDITIVE AL TERNA TE #1

CESAR CHAVEZ BLVD. lllPROVEllENTS (FEDERAL-AID PROJECT NO.:HPLUL~168(017))

NAME OF COMPANY: Granite Construction Company To the Honorable Mayor and Membem of the City Council:

This Ad<fllive Alternate #1 wil provide bid pJices to conslruct additional. AC Pavement and Double yellow Striping inslead of the proposed raised median along Cesar Chave~ Boulevard. The City may or may not award this wOO< al their <fiscretion, depending upon available funcf1119. The bid prices shall provide full payment for complete construction of the anticipated work. Determination of the lowest responsive bidder will be based on the Base Bid, and will not include this Additive Allemate bid.

Item Description Es&nated Unit Meas.. Unit Total No.

. Price Amount

ACPavemem A1 1,250 TON I 11-t.CO I L\;l, 'SCO! D


1,250 CY J '31. 'SO 4'l,~7S".(

K& Signing and Striping -Double Yellow instead of

1 LS 10,t<XJ.a lo,cx:o.oc Raised median

TOTAL BIO ADD. ALT.11 ;;>01,i1S,l) ~

TOTALADD.ALT.11 INWORDS: Two""'"'-"\~& oV1e. ~°"'~ e..;al.t hu,..~ s~ -<,\vf... ~o\\o...-s GfV'-lJ ~tv'o c_~,

SBB

I

I I l I I I I I !

I I l i

i 1!

I ~

~

I I

I

Attachment No. 6

CITY OF CALEXICO, CALIFORNIA

THIS AGREEMENT is made this 181h day of July, 2018, by and between the City of Calexico, a Municipal Corporation of the State of California ("City") and Pyramid Construction and Aggregate, Inc. ("Contractor"). The City and the CONTRACTOR for consideration stated herein agree as follows:

1. Description of Project

CONTRACTOR shall provide for the construction of Cesar Chavez Blvd. Improvements Federal-Aid Project No. HPLUL-5168(017) in accordance with the Invitation for Bids.

2. Description of Work

2.1 CONTRACTOR shall furnish a II of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of Calexico New River Parkway Project Phase lB in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with the 2015 California Department of Transportation Standard Plans, Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage rates dated 2018. Said invitation for bids, Standard Plans, Standard Specifications, Labor Surcharge and Equipment Rental Rates, and General Prevailing Wage Rates are as fully a part of the Agreement as if hereto attached or herein repeated.

2.2 The work to be performed under this Agreement shall conform to the plans entitled "Cesar Chavez Blvd. Improvements Federal-Aid Project No. HPLUL-5168(017)", incorporated herein as fully a part of this Agreement as if hereto attached or herein repeated.

3. Time for Completion

The work shall be commenced on the date stated in Notice to Proceed, and shall be completed within the allotted working days after the date stated in such Notice.

4. Compensatio_n

4.1 City will pay the CONTRACTOR for the performance of this Agreement according to the terms and conditions contained in the Project's Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR will take full payment in accordance with the following item prices incorporated as part of the proposal or bid submitted by CONTRACTOR.

4.2 CONTRACTOR agrees to receive and accept said compensation as full payment for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. This provision in no way limits the CONTRACTOR's duties

62

~

I I I

I '

I

: '

I I

l ' I

under other provisions herein.

5. Industry Standards

The CONTRACTOR agrees that is performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices.

6. Insurance

The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein. Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY'S exposure to loss for the duration of this Agreement.

6.1 Types of Insurance.

At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability

For all of the CONTRACTOR's operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR's liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.

6.1.2 Commercial Automobile Liability

For all the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR's automobiles and only arising out of the performance of this Agreement.

63

I I I : ' I I

I I I !

I

1 I

I I ! I : i

I !

I ~ I I

6.1.3 Worker's Compensation

For all of the CONTRACTOR's employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.

6.2 Rating Requirements

All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Ag.reement shall be carried only by responsible insurance companies that have been at least and "A" or" A-" and "V" rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.

6.3 Deductibles

All deductibles on any policy shall be the responsibility of the CONTRACTOR.

6.4 Specific Provisions Required

Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:

6.4. 1 Except as to Workers Compensation, the City of Calexico and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. The CITY's Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.

6.4.2 The policies are primary and any insurance that may be carried by the CITY is noncontributing, as reflected in an endorsement which shall be submitted to the CITY.

6.4.3 The policies cannot be canceled, non renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten (10) days notice will be provided.

6.4.4 Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.

6.4.5 The CONTRACTOR may obtain additional insurance not required by this Agreement.

7. Agreementor Compliance with Labor Code

64

I I I

I I

I " '

I " I I

I !

CONTRACTOR certifies that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation orto undertake self insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Agreement.

8. Control of Agreement

The improvement contemplated in the performance ofthis contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the State of California so requires.

9. Conflicting Terms

If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

10. Indemnification and Hold Harmless Agreement

10.1 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees (for attorney of CITY's choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTORS's employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRCTOR, its employees, agents or officers, or any third party. The CONTRACTOR's duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of

CONTRACTOR's other obligations and duties herein.

10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and

defense provisions herein.

11. Notices

In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of

65

I I

I I I I

I I ~

I _j ~

I ~

I l

this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows:

CITY

City of Calexico Public Works Department 608 Heber Avenue Calexico, CA 92231

12. Non-Assignment

CONTRACTOR:

Pyramid Canstn 1ction and Aggregates, Inc.

The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY. In no

, event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.

13. Independent Agree mentors

The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.

14. Compliance with Controlling Law

The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work. In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority ofany laws, statures, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 of the State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records. This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.

Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations ("DIR") or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR's duty to indemnify the CITY pursuant to this section shall include any and all costs and expenses incurred by the CITY therefrom,

66

I I I I .f

' t

I I ' I I

I I I I

l I ! I ' I I

i i I

l i ~ ,,

i

including but not limited to any penalties imposed on the CITY by DIR or any other state agency and reasonable. attorney's fees.

Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR's duty to indemnify under any other provisions of this Agreement.

15. Jurisdiction and Venue

The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.

16. Integration

This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both pa(ties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.

17. Counterparts

This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.

18. No Waiver

No failure of either the CITY or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.

19. Severability

The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.

67

I

I I

I I ' I I I I I ' I I

ATIEST:

GABRIELA GARCIA

Deputy City Clerk of the City of Calexico

CONTRACTOR

By: _________ _

Signature

Printed Name and Title

Licensed in accordance with an act

Providing for the registration of contractors, License No. ______ _

APPROVED AS TO FORM AND EXECUTION

CARLOS CAMPOS

City Attorney

Date

DAVID DALE

City Manager of the City of Calexico

Date

68

I i

i i I ! ~ ~

i I I

I I '

Lacnl Assistance Procedures Mmiual

I. General 11. Nondlocrimlnetlon II!. No segregated Facl!ltles IV. Davis-Bacon and RelaledAct Provl!lons V. Contract \'VOrk Hours and Safety StandardsAct P rovlsl.ons VI. sublettlngorAs9gnlng the Contract VIL Safely: AccldentPrevenUon VIII. False Statements Concerning H!gtmay Projecls IX. Implementation of Clean Air Act end Fedel'ill Water Pollution

Control Act X. Compliance with Government wide Suspension and Debarment

Requirements XI. GertlOcatlon Regarding Use of Q:lntractFundslorlobbylng

ATTACHMENTS

A. Employment and Materia1sPreferencefor Appalachlan Oevebpment Highway System orAppalachlan local Access Road Contracts On eluded JnAppalachlan contraclsonly)

1. GENERAL

1. Form FHWA-1273 must be physically Incorporated In each construcllon contract funded underTltle 23 (excluding emergency conlraclsoolely Intended fordebrlsremoval). The contraclor (or wbrontraclor) must l nsert this form In each subcontract and further require !lslncluSon In all lower Uerrubcontracts (excluding purcitase orders, rental agroernenlsand other agreementsforsuppllesor se!Vlces).

The appllcablerequlrementsofForm FHWA-1273 arti lncarporated by reference forworkdone under any purchase order, rental agreement or agreement forolherservlces. The prime contractor shall be responSb!e forcompllanco by any subcontractor, lower-Iler rubcontractor orserJlce provider.

Fann FHWA-1273 must be Included !nall Federal-a!dded.gn-bufld contracts, ln all rubcontractsand In lowertlersubcontracts(ex:clud!ng subconlractsfordeSgn SONices, purchase orders, rental agreements and otheragreementsforsuppllesorservlces), The deSgn-bu Uder sha~ be responSble for compliance by any subcontraclor, lower-tier subcontractororservlce provider.

Contracting agenclesmay reference F9rm FHWA-1273 lnbldpropos:1I or request for proposal documents. however, the Form FHWA-1273 must be phydcally Incorporated (not referencod) In all contracts, subcontracts and tower-tier subcontracts(excludlng purchase ordtirs, rental agraementsand olheragreemenlsforruppllesorservlces related to a construction contract).

2. Subject to the applicability criteria noted ln Iha following oocUons. these contract provlslonsS"tall apply to allworkparfotmed on lhe' conlract by the contraclor'sowo organlzaUon and with the a&Jstance ofwor~rs underthe contrac\oi'slrnmedlaleaipellntendenceand to all Work performed on the contract by plecewo1k. ~all on work, or by subcontract.

3, A breach of any of the stipulatlonscontafned In these Required Contract ProvlSonsmay be sufflclentgroundsforw!thhold!ng of progress payments, withholding of final payment. tormlnallonoflhe contract, Sl.l~enslon I debarment or any other action determined to be appropriate by the contracUngagencyand FHWA.

4, Selection of Labor. During lhepertormanceofthlscontracl, the conlraf:.\Orshall not use convict laborforany purpose within the llmUs ofa construction project on a Federal-aid hlghwayunlessltlslabor performed byconvlcLswho are on parole, rupeMsed.reJease, or probation. Thaterm Federa~aldhlghwaydoesnotlndude roadways function ally clas<Jl!ed as local roadsorrural m1norcollectors.

Ex.hlbit 12-G Required Federnl~Aid Contrnct Language

II. NONDISCRIMINATION

The provl.slonsolthlsoocllon related to 23 CFR Part 230 aia appllC<J.blo to all Federal-aid conSlrucUonconlraclsand to allrelatedconstruc\lon rubcontractsof$10,000 or more. The prov1Sonsof23 CFR Par1230 are nol applicable lo mate<la!supply, engineering, orarchltectura! sewrce contracts.

ln addition, the contractor and all sobconlractors must comply with the following po!!cles: Executive Order11246, 41CFR60,29 CFR 1625-1627, Tiiie 23 use Sectlon 140, the Rehabi6taUon Aclof 1973, as amended (29 USC794), Tille VJ of the Clvll RlghtsAclof 1964, as amendod,and relatedregutatlonslncludlng49 CFR Parts21, 26 and 27; and 23CFR Parts 200, 230, and 633.

Tha contractor and a\lsubcontractorsmust complywllh: the requlramentsof\he Equal Opportunity C\au~ ln41 CFR60-1.4(b) and, for all construction contracts exceeding $10,000, theStandafl:I Federal Equal Employment Opportunity Construction Conlract Specmcallons!n 41CFR60-4.3.

Note: The U.S. Department of laborhasexcluSve authority to detem1!necompllancewlth Execu\lve0rder11246 and the poUclesof the Secretary ofLabortncludlng41 CFR60, and 29 CFR 1625-1627. Tho contracting egencyand1he FHWA have the author1lyandlhe responsl bll lty lo enwre compliance with Tiiie 23 use Sec\ion 140, the Rahablllta\lonActof 1973, as amended (29 USC794), andTIUe VI of the Clvll RtghlsActof1964, asamended, and relatedregu!aUons lncludlng49 CFR Parts 21, 26 and 27· and 23 CFR Parts200 230 and 633. ' ' '

The follcm!ng pcovJSon ls adopted from23CFR230, Appendix A, with appropriate revisions lo conform to the U.S. Departmentoflabor(US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal cmploymentopportunl~ (EEO) requirements not to dlocrimlnate and to take affirmative action to assore equal opporlunlty asset forth under Jaws, executive orders, rules, regulatlons(28 CFR 35, 29CFR1630, 2(1CFR1625-1627, 41 CFR 60 and 49 CFR 27)and orders of the Secretary of labor as modified by the provlslonsprescribed herein, and Imposed pursuant to 22 U.S.C. 140 !!hall constitute the EEO and speclncamrrnatlve action standards for the contracto(s project actlvt ies under th\sconlract. The prov!slonsoflheAmer1canswllh DlsablliliesActof 1990 (42 U.S.C. 12101 etseq.)oot forth under2B CFR 35 end 29 CFR 1630 ere Incorporated by reference In thlsconlract. In the execution OF this contract, the contractor agrees to comply with the followfng mln\mum !'flec!ftc requirement actMllosof EEO:

a. The contractorwillworkwrth Iha contracting agency and the Federal Government lo ensure that it hesmade every good faith effort to provide equal opportunltywlth respect to all of !ts term sand condl 11 on a of employm en tan d In lh err revl ew of ac:tl villas under the conlracl

b. The con lmctorwll!.accept asltsopera!lng policy the follow!ng statement:

Wiiis the policy of this Company to assure thatappllcan!Sare employed, and thaternployeesare treated during emploYment wllhoul regard lo their race, rellglon,sex, color, nation.a! ortgln, age ordlsablllty. such acUon shall lnclucte:employmen1,up9radlng, demolfon, orl!Bnsl"er, recruitment orrecrultment advertising; layoff or termination; rates of pay or olherformsofcompensatlon: and relecllon for \raining, lncludJng ap pre nUceshlp, pre-ap prenticeshl p, and/Of on-the-Job train Ing."

FHv\IA-1273 -- Revised May 1, 2012

Page 8 of 23 January 2018

I ! I I I ~

I i

l l G

I ,!

~

I

LocAl Assistnnce Procedures Manual

2. EEO Officer: The conlractorwllldes!gnate and make known to the contracting officers and EEO Off!cetwl1owUlhavethe responalb~lty for and rrt1sl be capable of effectively adrrinlsterlng and promo Ung and active EEO program and who m..1st be assigned adequate authority and responsibility to do so.

3. D!ssemfnatlon of Pollcy:AllITTJrrtiers of the contractor's Staff who are authorized to hire, superVlse, prorrote, and discharge errployees, or who recollT03nd such action, or who are substantially lnvolved !n such action, w Bl be rrade fully cognizant of, and w Ill lrrplemant, the contraclor's EEO poUcy and contractual responslblnlles to provide EEO in each grade and classlffcaUon of errployrront. To ensure that the above agreerrent w Ill be root, the follow Ing actions wffibetaken es a ninlm.mt

a. Perlodic n:eetlngs of supeivlsory and personnel office errployees w Ill be conducted before the start of work and then not less often than once every six ITTlnlhs, at which Urre the contractor's EEO policy and its lrrpleirentaUon will be reviewed and explained. The n-eellngs will be conducted by the EEO Officer.

b. All new superv\solj' or personnel office errp!oyees wm be given a lhorough Indoctrination by the EEO Officer, coven'ng all ma/or aspects of the contractor's EEO obligations within thirty days fonowln.g their reporting for duty with the contraclcr.

c. All personnelw ho are engaged in direct recruitrrentf or the pro]ectw \II be Instructed by the EEO Officer In the contractor's procedures for\ocaUng and hiring ninoritles and wormn.

d, l\kll!ces and posters setting forth the contractor's EEO pollcy w m be placed in areas readily accessible to errployees, applicants for errployroonl and potential erq:iloyees.

e. Tue conlractor's EEO policy and the procedures to irrplerr.ent such policy w lrt be brought to the attention of errployeru; by means of mseUngs, errployee handbooks, or other appropriate rreans.

4. Re crultment When advertising for errp!oyees, the contractor w 111 include In all adver\lsernants for errployees the notation: ''An B:jual Opportunity &rployer." Al such advertlserrants wlllbe placed In publcatlons having a large c!rculatlon am::mg rrinorit!es and w orren In the area fromw hich the project w oli<f orcewould norrmlly be derived.

a. The contractorwm, unless precluded by avalld bargaining agreerrent, conduct systematic and direct recruilrrent through public and private errployee referralsourcesUkely to yield qualifled ninorlties and w Ol'09n. To ma et this requirerrent, !he contractorwlll Identify sources of potent!al rrinorl\y group eni:iloyees, and establish w llh such Identified sources procedures whereby m'norlly and w om:;in applicants may be referred to the contractor for errploymant consideration.

b. In the event the contractor has a valld bargaining agreerrent providing for exclusive hlrlng hall referrals, lhe contractor Is expected to observe lhe provisions of that agreern:int to the extent that lhe systemrreets the contraclor's colll)llancewllh EEO contract provisions. ViJhere hrplerrental!on of such an agreemant has the effect of dlscrininatlng againstm'norilles or women, or obligates the contractor to do the sarre, such lrrplementa!lon violates Federal nondlscrinination provisions.

Exhibit 12-G Required Federal-Aid Contract Lunguuge

c. lhe contraclorwbl encourage Its present errp!oyees to refer rrinorflles and w ofl)3n as applicants f orefTtlloyroonl. hfonrallon and procedures with regard to referring such applicants w Ill be discussed with errployees.

5. Personnel Actions: Wages, working conditions, and enlJ!oyee benefits shall be es\abllshed and adrrinlstered, and personnel actlons of every type, including hiring, upgrading, prorfl)t!on, transfer, dem::itlon, layoff, and terninat!on, shall be taken without regard lo race, color, religion, sex, national origin, egeor disability. Tue fallow Ing procedures shall be followed:

a. Tue contractorwlllconductperiodic inspections of project sites to Insure that working condilions and errployee facniUes do not lndlcat.e discrirrinatory treatrrent of project site personnel.

b. The contractor will periodically evaluate the spread of w ag~.s paid w tlhln each classlflcallon 1o deter nine any evidence of d!scrlrrinatory wage practices.

c. The contractorwm periodically review selected personnel actions In depth to deternine whether there ls ev!dence of dl&crirrination. \M"lereevldence Is found, thecontractorwll\prorrptly lake corrective action. If !he review lndloales \hat the discrlnina\lon rray extend beyond the actions review 00, such corrective action shall lncfudo all affected persons.

d. The contractorwillprolll)tly lnvesUgate afl corrplalnls of alleged dlscrirrlnatlon made lo the conlract<Jr In connection with ils obllgat{o11S under this contract, wlllatteni:it lo resolve such corrvlaints, and w lH take appropriate corrective acllon within a reasonable tlrre. If the Investigation indicates that the d!scr!ninatlon rmy a Hect persons other than the corrp!alnant, such corrective action shall Include such other persons. Upon corrplellon of eachlnvesUgallon, the conlractorwm!nformevery corrpla!nant of all of their avenues of appeal,

6. Training and Promotion:

a. The contraclorwnlasslstln locating, qualifying, and increasing the skills of rrinoritles and women who are appllcants for errptoymenl or currenterrployees. Such effortsshou!d be a!rred at deve\optng full Journey !eve! status errp\oyees ln the type of trade or job classlflcal!on involved.

b. Consistent with \he contractor's work force requlrermnts and as perrrlsslble under Federal and Stale regulations, the contrac\or shall m:ike fuU use of lralnlng programs, 1.e., apprenllceship, and on-the-job training prograrrs for the geographical area of. contract perfonrence. In the event aspecfal provtslonfortralnlng Is provided under this contrac~ this subparagraph wil! be superseded as Indicated in the special provision. The conlracUrg agency may reserve training positions forpersonswho receive welfare assistance In accordance wllh 23 U.S.C. 140(a).

o. The contractorwill advlse errployees and applicants for errptoyrmnt of available training program; and entrance requlrerrents for each.

d. The contractorwlll periodically review the training arid prormUori potential of errployees who are ninorltles and warren and will encourage ollgible errployees to apply for such training and prorrolion.


I i I

I I ! ! t I

I I t

I I I

I i I ' ' l

' I ~ I i l

Locnl Assistnnce Proce-dures Manual

7. Unions: 1[ the contractor relies lnwholeor in part upon unions as a source of errployees, the contractorwm use good faith efforts to obtain lhe cooperation of such unions to Increase opportunities for rrinorlUes and w orrJ;Jn. Actions by the contractor, ellherdlrscUy or through a contractor's assoclallon acting as agent, w 111 lnch.Jde the procedures set forth below:

a. The contractor will use good faith efforts to develop, In 9ooperalion w Ith the unions, Joint training programs aimed toward qua~fylng more rrinorities and women for roorrt>ershlp in the unions and increasing the skills of rrtnorntes and w orren so !hat they rmy qualify for h!gherpaylng Btlllloymant.

b. The contractorw!H use good f allh efforts to Incorporate an EEO clause Into each union agreerrent to the end that such un!on will be contractually bound to ref er applicants w llhout regard to their race, color, rer19ion, sex, naUonal origin, age ord!sablllly.

c. The contractor ls to obtain !nformatlon as to the referral pracl!cfis and policies of lhe labor union except th al to the extent such inf orm:ition ls w lthln the exclusive possession of the labor union and such labor un!on refuses tofurnlshsuch inf orrratlon lo the contractor, the contractor shal\so certiry to the contracting agency and shall sef forth what efforts have been made to obtain such lnfonr~tlon.

d. h the event the union is unable lo provide the conlractorwilh a reasonable flow of referrals within lhetirro tirril. selforth in the coUecUve bargaining agreerrenl, the contractor w Ill, through Independent recrullrrentefforl<>, fiU the errployrrJ;Jnt vacancies w ithoutregard lo race, color, religion, sex, nallonalorlg!n, age ordlsabllity;_mak!ng fuUefforts to obtain qualified and/or qualiflable rrinorities and woman. The f allure of a unlon to provide sufficient referrals (even though Ills obligated to provide exclusive referrals under the terms of a coliecUve bargaining agreement} does not relfeve the contractorfromlhe requlreire;nts of this paragraph. In lhe event the union referral pracliceprevenls the conlractorfrom1IBellng the obligations pursuant to ExecuUve Order 11246, as amended, and these special provisions, such contractor shall lrnrediateo/ notify the contracting agency.

8. Reasonab[eAccommodationfor Applicants f Em ployeos w llh Olsabllltles: lhe contractor ITT.ISi be f anillar w Uh the requlrerrenls for and co~ly w Ith the Amaricans with Osabilltles Act and an rulos and regulations established there under. B'tllloyers rnJSt prov!de reasonable accornmdation in al! errp!oyrrenl acttvlUes unless to do sow ould cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materlals and l..eas Ing of Equipment.: The contractor shall not dlscn'ninate on the grounds of race, color, religion, sex, iiatlonal or!g1n, age or disability In the selection and retention of subcontractors, lncludlng procurerrent of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondlscrlrrtnallon in the adnlnistration of this contract.

a. The contractor shaR notlfy a11 potential subcontrao!ors and suppllers and lesso~s of their EEO ob\lgaUons under this contract.

b. The contractor wiH use good fa Ith efforts to ensure subcontractor COfr'llOance with.their EEO obligations.

Exhibit 12~G Required Fedel'al~Aid Contract Language

Fl-ivVA-1273 -- Rev!sed~y 1, 2012

10. Assurance Required by 49 CFR 26,13(b):

a. The requ!rerrents of 49 CfR Part 26 and the State OOTs U.S. OOT-approved tJBE program are Incorporated by reference.

b. The contractor or subcontractor shall not dlscrlninate on the basis of race, color, national origin, or sex in the perf orrrance of this contract. The conlraclor shall carry ou\appl!cable requlrerrents of 49 CFR Part 26 In the award and adninlslration of OOT-asslsted contracts. Fallure by the contractor to carry out these requirerrents Is a material breach of this contract, which rray result In the terninatlon of !his contract or such other rerrecty as lhe contracting agency deems appropr!ato.

11. Records and Reports: The contractor shall keep such records as necessary to docurrent corrpnancew ilh the EEO requlrerrents. Such records shall be retained for a period of three years following the date of the final paymsnt to the conlractor for all contract work and shall be ava11able atreasonab~ Urres and places forfnspeclion by authorized representatives of the contracllng agency and the r-HNA.

a. The fecords kept by the contractors hall docurrenl the foil owing:

(1) The nurrbet and w orkhours of m'norlty and non-ninorlty group rrenbers and w orren errployed !n each w orkcfassincallon on the project;

(2) The progress and efforts being ma.de In cooperation w Ith unions, when applicable, lo increase errploymant opportuniHes for rrinorilles and w orrnn; and

(3) TI1e progress and efforts being made in locating, hiring, training, quaftfylng, and upgrading ninorities and women.

b. The contractors and subcontracl.ore will subrrit an annual report to the contracting agency each July for the duration of the project, tndlcaUng the nurrber of rrinority, w orren, and non~ rrir\Orlly group errployees currently engaged In each work classlflcaUon required by the con\ractwork. This !nforrratlon Is to be reported onfom1 Ff-l\VA-1391. The staffing data should represent lhe project workforce on board Jn au or any part of the last payroll period preceding the end of July. If on·lhe-Job training Is being required by special provision, the contractor will be required to collect and report tralntng data. The Crr(lloy~nt data should reflect thew ark force on board during an or any part of the fast payroll period preceding the end of July.

Ill. NONSEGREGATED FACILITIES

lhls provision fs applicable to all Federal·aid construction contracts and lo all related construcllonsubcontractsof $10,000orrrore.

The contractor ITT.JS tensure that facllitles provided for errployees are provided In such a 1mnner that segregation on the basis of race, color, rellg!on, sex, or national origin cannot resutt. Tue contractor may neither require such segregated use by w rltten or oral policies nor toter ate such use by e17llloyee custom Tue contractor's obllgal!on extends further to ensure that lls erqiloyees are not assigned to performtheirservices at any location, under the contractor's contrct, where lhe f acfi!Ues are segregated. lhe term "facBIUes"lncludes w aithg rooms, work areas, restaurants and othereallng areas, lime clocks, restroorm, washrooms, locker rooms, and other storageordresshg areas, parking lots, drinking fountains, recreation or entertatnrrent areas, transportallon, and housing provtdedforerrptoyees. The contraclorshaUprovide separate or single-user restrooms and necessary dr.esstng or sleeping areas 16 assure privacy between sexes.


I I

t ! ! ~ t i

!

I ~

I I I ~ ~

I I I I i i

I I ' ii )

! I '

I i I I !

I ; i

Lac"! Assist"nce Procedures Man uni

IV. DAVIS-BACON AND RB-ATED ACT PROVISIONS

This section ls applicable to all Federal-aid construction projects exceeding $2,000and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size/. The requJrerrants apply to au projects located within the right-a -way of a roadway lh<t Is functlonally classff!ed as Federal-aid hlghw ay. This excludes roadways fuoollonally classlfled as local roads or rural ninor collectors, w hlch are exerrpl. O:mtracling agencies may elect to apply these requ!rerrents to other projects.

The following provisions arefromthe U.S. EX!partrrent of Labor regulatlons In 29 CFR 5.5 "Contract provisions and related matters" w ilh rrlnor revisions to confonn lo the Fl-M'A-1273 for mat and Fl-WA program requlrem9nts.

1. Mlnlmumwages

a. Al\ laborers and rrechanics eJl1')1oyed or working upon the site of the work, wrn be paid uncondltlonally and not less often than once a week, and wlthoutsubsequent deduction or rebate on any account (except such payroll deductions as are pernilled by regulallons k;sued by lhe Secretary of Labor under the Copeland Acl(29CFR part 3)), the runaroount of wages and bona fide fringe benefits (or cash equlvalents !hereof) due al thm of payrrenl corrputed at rates not less than those contained In thew age delerninal!on of the Secretary of Laborw hlch is attached hereto and rm.de a part hereof, regardless of any contractual relallonshlp which may be alleged lo exist between the conlractor and such laborers and machanlcs.

Contributions rm.de or costs reasonably anticipated for bona fide fringe benefits under secUon 1 (b)(2} of the Davis-Bacon Act on behalf of laborers or rrechanics are considered wages paid to such laborers or rrechanlcs, subject to the provisions of paragraph 1.d. of this section; also, regutarconlrlbul\ons rm de or costs Incurred fa' m>re than a w eekty period (but not less often than quarterly) under plans, funds, orprograrrn w hlch cover the partlcularw eekly period, are deerred to be constructively rm.de or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on thew age deteroination for the classlflcaUon of work actually perforrred, wllhout regard lo skill, except as provided In 29 CFR 5.5(a)(4). Laborers or rrechanlcs perforrrtng w or kin rrore than one c!asslf!cation rrey becorrpensated at the rate specified for each classification forthe\frre actually worked therein: Ftovided, That the errployer's payroll records accurately set forth the t!m::i spent In each c!asslflcallon in w hlch work Is perf onred. Thew age de!errdnat!on (lncludlng any addillonal classificatlon and wage rates conformed under paragraph 1.b. of th ls section) and the Davis-Bacon poster(WH-1321) shall be posted at all tirres by the contractor and its subcontracloffi at the site of thew orkln a proninenl and access!ble place where It can be easily seen by the workers.

b. (1) The contracting officer shall require that any class of laborers or rrechanlcs, !nc[udlng helpers, which Is not listed !n the wage delerrn'nat!on and which is to be errp\oyed under the contract shall be classtfled In conformance with thew age detenrfna\lon. The conlracUng officer.shaft approve an additional c]asslflcallonand wage rate and f rlnge benefits lheref om only w ten the following crllerla havo been mat:

Exhibit 12-G Required Federitl-Aid Contract Lnngu:ige

FH.NA-1273-- Revlsedl\o1ay 1, 2012

(0 The work1o be perfor013d by the classiflcatlon requested Is not perf orrred by a classiflcaUon ln thew age deterrrlnatlon; and

(I~ The classlflcaUon is utuized in the area by the construction industry; and

(iii) Tite proposed wage rate, lncludlng any bona fide f rlnge benefits, bears a reasonable relatlonship lo thew age rates contained In thew age deteminalion.

(2} tf the contractor and the laborers and rrechantcs to be errployed In the classification (if known); or their representalives, and the contracting officer agree on the classJflcatlon and wage rale (Including tho aITPunt designated (or fringe benefits where appropriate), a report of the action taken shall be sent by the contracting offlcertothe Adninistratrr of Iha Wage and Hour D:visfon, Bq)!oyment Standards Adninlstration, U.S. ~partrrent of Labor, Washington, OC 20210. lhe Adninlstratcr, or an authorized representative, will approve, rn::>dify, or disapprove every addHlonalc!ass!fication aclionw llhfn 30 days of receipt and so advise lhe contracting officer or will notify thecontrac\tng officer within the 30-day period thataddlt!onal tlm9 ls necessary.

(3) In the event the contractor, the laborers or rrechanlcs to be errp!oyed In lheclassificationnrthelr representatives, and the contracting offfcerdonot agreoon the proposed classification and wage rate (Including thearrount designated for fringe benefits, where appropriate), the contracting officer shall refer Iha questions, Including the views of all Interested parties and lhe recotTl1l3ndatlon of !he contracting officer, to the Wage and Hour Adrrlnlstratorfordeterninailon. The Wage and Hour Adrr:lnlstrator, or an authorized representative, will Issue a doternination within 30 days of receipt and so advise the contracting oHlceror Wiii noUfy lhe contracting officer within the 30-day period that additional tlrre iB necessary.

( 4) Thew age rate (including fringe benefits w tare appropriate) deterrrined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers perf oming w orkln the classlflcaUon under th!s conlracl from the first day on w hf ch wm Is perforrr.ed in the classificalion.

c. Whenever the oinlITTJm wage rate prescribed In lhe contractf or a class of laborers or rmchanlcs Includes a fringe benef 1l w hf ch Is not expressed aa an hourly rate, the contractor shall either pay the benefit as stated ln thew agedeterninatlon or shall pay another bona fide fringe benefit or an hourly cash equivalent !hereof.

d. If the contractor does notmako payments to a trustee or olher \hlrd peraon, the conlractorrray consider as part of thew ages of any laborer or rrechanlc the a1TOunl of any costs reasonably anUcJpated Jn providing bona fide fringe benefits under a plan or program Provided, That the Secretary of Labor has found, upontre w rltlen request of lhe contractor, that the appUcable standards of the Dlvis-Bacon Act httve been rret. The Secretary of Labor may require the contractor to set aside in a separate account assets for the ~eting of obligations under the plan or program

Page 11 of 23 January Z018

'

I I ! f

I l I

I ' ,I

i ' I

I ' I I I I I ! I I

l ;

l,ocfll Asslstnnce Procedures Ma1t ufll

2. Wlthlloldlng

The contracting agency shall upon its own action or upon written request of an authorized representative of the Departrrent of Labor, w llhhold or cause to be w ilhheld from the conlractor under this contract, or any other Federal contract w Ith the sams prlrre conlractor, or any otherfederaHy-assisled conlract subject to OavisBacon prevailing wage requlrerrents, whlcl1 ls held by the sarre prlrre contractor, sorruch of the accruedpaynl3nts or advances as mlY be considered necessary to pay laborers and mechanics, Including apprentices, lralnees, and helpers, errployed by lhe contractor or any subcontractor the full arrount of w !lges required by the contract. In the event off allure to pay any laborer or rrechanlc, including any apprentice, trainee, or helper, errployed or working on the site of the work, all or part of the wages required by the contract, Uie con Ir acting agency may, after written no lice to the contractor', take such actron as may be necessary to cause the suspension of any further payrrenl, advance, or guarantee off unds unlll such violations have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relaUng thereto shall be maintained by the contractor during the course or lheworkand preserved for a period of lhree years thereafter.for all laborers and mechanics working at the slle of the work. Such records shall contain the name, address, and social security nuntier of each such worker, his or her correct classlflcaUon, hourly rates of wages paid (including rates of contribuUons or costs anticipated for bona fide f rlnge benefits or cash equivalents thereof of !he types described Jn section 1 (b)(2)(B) of the Davis-Bacon Act), dally and weekly nurrber of hours w orl<ed, deductions made and actualw ages pa!d. Whenever U1e Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that thew ages of any laborer or mechanic !nclude lhe arrount of any costs reasonably anllclpated in providing benefits under a ptan or program described Jn section 1 (b)(2)(B) of the Davis-Bacon Act, Iha contractor shall rrainlafn records wtlch sho.Y th al the comtltrrent to provide such benefits Is enforcea~e, that lhe plan or program ls f!nanc!ally responsible, and that the plan or program has been comrunlcated In w rlUng to the laborers or rrechanlcs affected, and recordswhlchshON the costs anticipated or lhe actual cost incurred in providing such benefits. Contractors errploy!ng appren!Jces or trainees under approved programs shall maintain written evidence of the registration of apprenticeship program:; and cerUflcatlon of trainee programs, the reglsiratlon of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs.

b. (1) Tue contraclor shallsubni\ weekly for each week In w hlch any contract w orkls perf orrood a copy of all payrolls to the contracting agency. The payrolls subrrllted shall set out accurateff and corrpletely all of the infonralion required to be majntalned under 29 CFR 5.5(a)(3)(t), except Iha! full soclal security nurrber.s and harm addresses shall not be Included on weekly transrriltals. Instead the payrolls shall only need to Include an lndlvkluall)i Identifying nurrber foreacherrployee (e.g., the last fourdlgl!s of the errp!oyee's social security nuntier).-The required weeldy payrol lnformatlon imy be subnit!ed In any form desired. Optional Form WH-347 Is available for this purpose from the Wage and I-lour llvls!on Web site at http :J/INww.dol.gov/esalw hd/f orrrsMi h347!nstr.htmor Its successor site. The prime contractor ls responslbleforthesubnlssJon of copies of payrolls by all subcontractors. Contractors and subcontractorsshallmaintain the full socfalsecurlty nu!Tberand

Exh!W 12-G Rcquh·ed I1'edernl-Aid Contr/\ct Langunge

FhWA-1273-- Revised May 1, 2012

current address of each covered worl<er, and shall provide them upon request to the contracting agency for lransrrlssion to the State OOT, the Fl-WVA or the Wage and Hour Ovlslon of the D3par1rrent of Labor for purposes of an investigation or audit of corrpliance w ilh prevailing wage requlrerrents. ltls not a vlolatlon of this secUon for a prlrre contractor to require a subcontractorto provide addresses and social security nurrbers to the prlrre contractor for !ts own records, without weakly subrriss!on to the conlracting agency.

(2) Each payroll sub1nUed shaU be accorrpanled by a ~statement of Corrp!Jance,N signed by the contractor or subcontractor or his or her agent who pays or supervises the payrrent of the persons errptoyed under the contracl and shall certify the followtng:

(i) That the payroll for the payroll period contains the lnfonmtlon required to be provided under §5.5 (a)(3)(1i) of Regufatlons, 29 CFR part 5, the appropriate inf orrration Is being rrulntained under§5.5 \a)(3)(1) of Regulallons, 29 CFR part 5, and that such lnfonm.tfon s correcl and co!llllete;

(H) That each laborer or rrechanic (Including each helper, apprentice, and trainee) errployed on the contract during the payroll period has been paid the fullweeklyw ages earned, without rebate, either directly or lndlrectry, and that no deductions have been tTBde either directly or Indirectly from the fuU wages earned, other than pernisslble deductions as set forth In Regulations, 29 CFR part 3;

(Iii) That each laborer orrrechanic has been paid not less than the app~cab!e wage rates and fringe benefits or cash equtvatents for the classification of workperforrred, as specified In the applicable wage deterrrlnaUon incorporated Into lhe contract.

{3) Tue weekly subrrlsslon of a properly executed cer1iflcaUon set forth on the reverse side of Optional FonnVIJH.-347 shall satisfy the requirement for subnisslon of the "Slatemsnt of Cor~liance" required by paragraph 3.b.(2) of this section.

{4) ·nm falsification of any of the above certifications may subjecl the contractor or subcontraclorto civil or crlrrina! pros ecut!on under section 1001 of Ulle 18 and section231 of title 31 of the United Slates Code.

c, The contractor or subcontractorshallrrake the records required under paragraph 3.a. of this sec\lon available for Inspection, copying, or transcription by authorized representatives of the contracting agency, the Slate DOT, !he Fl--IWA, or the Cepartrrent of Labor, and shalt pernit such representatives to Interview errployees during w ort<lng hours on the job. I lhe contractor or subconlrac!crfails tosubnit the required records or to make them available, the A-MIA rray, afterw ritten notice lo the contractor, the contracting agency or the State DOT, take such action as rrn.y be necessary to cause the suspension of any furtt-ierpayment, advance, or guarantee of funds. Furtherrrore, faHure to subITTl the required records upon request or to rrake such records av a Hable may be grounds fordebanrent action pursuant to 29 CFR 5. 12.


! i

I I I

I I I I

I

I I

I !

I I I

' ' !

i ' i i ' t !

Loctd AsslstnuceProcedures Mnnual

4. Apprentices and trainees

a. Apprentices (programs of the USOOL).

Apprentices wfll be pernitted tow ork at less than the predeterrrined rate for thew erk they perforrred when !hey are erll)loyed pursuant to and lndlv!duaHy registered In a bona fide apprenticeship program reglsleredw ith the U.S. Deparlrrent of Labor, Errployro::!nt and Training Adninlstrallon, ~fflceof Apprenticeship Training, Erfl:Jloyer and Labor Services, orw 1th a State Apprenticeship Agency recognized by the Office, or if a person lserll)!oyed In his or her first90days ofproballonary Dflllloyrrent as an apprent!ce In such an apprentlceshlp prograrn who Is not lndlvldually registered In the program, butw ho has been certified by the Office of Apprenticeship Training, Bqiloyer and Labor Services or a State Apprenticeship Agency (where appropriate) lo be el91ble for probalfonary erq:iioyrrent as an apprentice.

The allowable ratio of apprentices to journeyrrenon the job site Jn any craft classiflcaUon shall not be grealer lhilnthe raUo pernittod to the contractor as to the entfre workforceunderthereglstered program Any w mker !Isled on a payroll at an apprenllce wage rate who ls not registered or otherw lse en-ployed as stated above shall' be paid not less than the appl!cable wage rate on thew age ' det~~ninallon for the classlflcaUonof work actually perforrred. h add1t10n, any apprentice perf orrring w orkon the job site In excess of the ratio pernitted under the registered programshaH be paid not less than the applicable wage rate on thew age deterrrinatlon for lhe work actually performed. W'lere a contractor Is perforrrlng construction ona prolectln a locality Other than that ln which Us program Is registered, the rallos andw age rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice trust be paid al not less than lhe rate specified !n the registered programforthe apprenUce's level of progress, expressed as a percentage of the journeyrren hourly rate specified in the applicable w agedeterrrinatlon. ApprenUces shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenllceshlp program does not spec1Fyfrtnge benefits, apprentlcesrrustbe paid the ful! aITTJunl of fringe benefits listed on thew age deterrrinatlon for the appricable classlflcatlon. lflhe Adrrinlslralordeternines lhata different practice prevails for the applicable apprenUcec!asslflcation, fringes shall be paid In accordance wllh that deterrrination.

!n the event the Office of Apprenticeship Training, Errployer and Labor Services, or a State Apprenllceshlp Agency recognized by the Office, w.ilhdrg..ys approval of an apprenticeship program, the contractor will no tonger be permlted lo utlUze apprentices at less than the appHcable predeternined rate for thew ork perforrred unUI an acceptable programls approved.

b. Trainees (program> of the USOOL).

Ex:cepl as provided in 29 CFR 5.16, trainees wlllnot be perni\led to w orkal less than the predoterrrined rate for thew ork perf or@d unless they areerrployed pursuant lo and lndlv!dually registered in a programw hlch has received p~or approval, evidenced by formal certification by the U.S. txpartrnanfof Labor, Brploylll'.lnl and Training AdninlstraUon.

Exhibit 12-G Required Federal-Aid Contract Langu:ige

Fl-M/A-1273-- Revised May 1, 2012

The ratio of trainees lo journeymen on the job site shall not be greater !han perrr!lled u~der the plan approved by the &rployrrent and Training Admnlstrat1on.

EVerytralnee rrust be paid at not less than the rate specified in the approved program for thelralnee's level of progress, expressed as a percentage of the journeyrmn hourly rate specified In the applicable wage detenrlnallon. Trainees shall be paid fringe benefits ln accordance with the provisions of the trainee program If the trainee program does not manllon fringe benefUs lrainees shall be paid the fullarrount of fringe benefits Hsted on the' wage d~lernination unless the Adninlstralor of the Wage and Hour Dvlslon deterrrines that there ts a:n apprenticeship program associated w ilh the corresponding journeyman wage rate on lhe wage deterrrinatton w hlch provides tor less lhan full fringe benefits for apprentices. Any errployee listed on the payroll at a trainee rale who is not registered and participating In a training plan approved by the &rfJloymsnt and Training Adnlnlstratlonshall be paid not less than 1he app!lcable wage rate on thew age deternination for the classlflcaUonofwor1<actuany perforrnad. In addition, any trainee perf orrring w orkon the Job site In excess of lhe ratio perrrilted under the registered programshaD be paid not less than the applicable wage rate on thew age deterninatlon for thew ork actually perforrred.

In lhe event the &rployrrenl and Training Adrrlnlstrallon w lthdraNs approval of a trailing prograrr\ the conlractor will no !onger be pernitted to utffize trainees at less than the applicable predeterrrined rate for thew ork perrormed untll an acceptable program Is approved.

c. Equal errployrrent opportunity. The utilization of apprentices trainees and journeyrren under \his part shall be In conforrriiy w ilh the equal erqiloyrrent opportunity requirements of Executive Order 11246, as arrended, and29 Crt\ part30.

d< Apprentices and Trainees (programs of the U.S. 001).

Apprentices and trainees w orklng under apprenticeship and skill \raining programs which have been certffled by the Secretary of Transportation as prorrotlng EEO In connection with Federal-aid hlghw ay construction programs are not subject to the requlrem::ints of paragraph4 of this Section IV. Tue straight tirre nourlyw age rates for apprentices and trainees under such programs w HI be estabftshed by the parllcularprograms. The ratio of apprentlcos and trainees to Journeymen shall nol be greater than pernitted by the terms of lhe particular program

5. Compliance with Copeland Act requirements. The contractcr ::;hall corrpty wtththe requl~errents of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form Fl-WAw1273 In any subconl!:icts and also require the subcontractors to include Form FHINAM 1273 In any low er Lier subcontracts. The prlrre contractor shall be responsible for the corrpUance by any subcontractor or lower Uer subcontractorwith all the con Ira cl clauses In 29 CFR 5.5.

7. Contract termination: de bannent. A breach of the contract clauses in29 CFR 5.5 rray be grounds for1errrlnatlon of the contract, and fordebarrmnt as a contractor and a subcontractor as provided in 29 CFR 5.12


r ~ t

' I I I

I 1

I I I

l

I I ! i ' I 1

i I I

i

I I I

Locnl Assistance Procedures Manual

8. Compliance with Davis-Bacon and Related Act requlremenfs. All rulings and interpretations of the DavlsfiBacon and Related Acts contained in 29CFR parts 1, 3, and 5 are herein Incorporated by rererence In lh(s contract.

9. Disputes concernlnglaborstandards. CXsputes arising out or the labor standards provisions of th!s contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance wlth \he procedures of the Dapartrront of labor set forth ln 29 CFR parts 5, 6, and 7. CXsputeS wl!h!n the rreaning of this clause Include disputes betweenthecontractor(or any of Its subcontractors) and the contra cling agency, the U.S. Departrrent of Labor, or the errployees or their represenlatlves.

10. Cettiflcationof allglblllty.

a. By entering into lhls contract, the contractor cert!fles that nellher It (nor he or she) nor any person or firm who has an Interest In the contractor's firm is a personorflim lnellglb\e to be awarded Government contracts by virtue of section 3(a) of the DavlsBaconActor 29 CFR fi.12(a)(1).

b. No part of !his contract shall be subcontracted to any person or fffm lnelklible for award of a Governrrenl contract by virtue of sect!on3(a) of the Davls·BaconAcl or29 CFR 5. 12(a)(1).

c, The penalty for rroklng false statefl'):!n\s ls prescribed In !he U.S. Crlrtinal Code, 1BU.S,C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The follow Ing clauses apply Lo any Federa!·ald construction contract in an armun\ In excess of $100,000 and sub/eel lo the overtlrre provisions of the Contract Work 1-klurs and Safety S!andards Act. These clauses shall be Inserted Jn addi\lon to the clauses required by 29 CFR 5.5(a) or29 CFR 4.6. As used in !his paragraph, the terms laborers and mechanics include watchmen and guards.

1. overtime requirements. No conlractor or subcontractor contracting for any part of the contract work whlchrn;iy require or Involve the errployment of laborers or mechanics shall require or pernit any such laborer or rrechanic In any workweek ln w hlch he or she Is errployed on suchworktoworkln excess of forly hours in such w orlweekuntess such laborer or mechanic receives corrpensallon at a rale not less than one and one-hair thms the basic rate of pay for all hours worked In excess of forty hours in such w orkwoek.

2. VlolaUon; llablllty for unpaid wages; ll(luldated damages. In the event of any vlolatlon of the clause set forth in paragraph (1.) or this section, the contractor and any subcontractorresponsible therefor shall be ~able for the unpaid wages. tn addltion, such contractor and subcontractor shaU be liable to the United Slates (In the case or w ark done under contract for the astrlct of Coturrbia or a teriltory, to such Dlstrlcl or to such territory), for llquldateq darn;iges. Such liquidated darrages shall be corrpuled w Ith respect lo each Individual laborer or mechanic, including watchmen and guards, errployed In violation of the clause set forlh In paragraph

Exhibit 12-G Required Ji'ederal~Aid Contract Language

FW/A-1273 --Rev bed May 1, 2012

3. Wlthholdlngfor unpaid wages and liquidated damages, The Fl-N\/A or the conlacling agency shall upon Its own action or upon w rill en request of an authorized representative of the Departrren\ of laborw llhhold or cause to be withheld, fromany m:meys payable on account of work pecrorrood by the conlractor or subcontractor under any such conlract or any other Federal conlractw Ith the sarre prirre contractor, or any other federa!ly~asslsted contract subject lo lheContracl Work Hours and Safely Standards Act, which is held by lhe same prime cuntractor, such sums as may be deterrr:fned to be necessary \osaUsfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated darmges as provided In the clause set forth ln paragraph (2.) of this section.

4. Sub contracts. The contractor or subcontraclor shall Insert ln 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 Jn any lower tier subcontracts. The prlfl"'e conlractor shall be responsible for cofllJllance by any subcontract« or low er lier subcontractorwilh Iha clauses set forth In paragraphs ( 1.) through ( 4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision Is applicable to all Federalfiald construction contracts on the Natlonal Hghw ay System

1. The contrac1or shall perf orrnw Ith ils own organization contract w orkamounUng to not less than 30 percent (or a greater percentage If specified elsewhere In the contract) of the total orlglnal contract price, excluding any specialty items 'designated by the conlracllng agency. Spectally ilerm. may be perf orn-ed by subcontract and the arrount of any such speclalty Item> perforrred rrey be deducted from the total origfnal contract price before CO!lllu!lng the aroount of work required to be perf orrred by the conlractor1s oNnorganlzaUon (23 CFR 635.116).

a. The \erm ~pertormworkwllh Hs own organlzationw refers to workers errployed or leased by theprlrre contractor, and equipment owned or rented by the prlrm conlractor, with or without operators. Such termdoes not Include errployees or equipment of a subconlractororlowertler subcontractor, agents of the prime contractor, or any other assignees. The term may Include payrrents forthe costs of hiring leased errp!oyees froman errvloyee leasing firmrreeling all relevant Federal and State regulatory requtrernants. Leased errp!oyees rn;iy only be Included In this term if the prirre contractor meets all of the follow Ing cond!Uons:

(1) the prlroo contractor maintains control over the superv!s!on of the day-to-day actlv!Hes of lhe!eased errployees;

(2) the prlrre contractor remains respons!ble for the quality of the w orkof the !eased effl)!Oyees;

(3) the prime contractor retains all pow er to accept or exclude individual errployees fromworkon the proj'ecl; and

(4) the pr!rre contractor remalns ultlrratety responsibleforthe pay ID3nt of predeterrrined rrinirrum wages, the sutmisslon of payrolls, statements of corrpllance and all other Federal regulatory requlrermnts.

b. ''Specialty llerro" shall be construed to be llrrlted to work that requires highly speclaUzed know ledge, abnilies, or equfprrent no\ ordlnarOy available In the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and {n general are to be llrrited to ninor corrponents of the overall contract.

Page 14of 23 January 2018

I ' I ' ~ '

,I

I i I I ' ~

' I l

I ! ! ' ! I I ' ' ' ' I I I I ' I I I l I ' .

I I ~

Local Assistance Pl'ocedures Manu!ll

(1.) of 1hls section, In the sum of $10 foreachca!endarday on which such Individual was required orperrritted tow ork Jn excess of !he standard w orlmeekof forty hours without paymant of the overtlrre wages required by the clause set forth ln paragraph (1.) of this section.

2. The contract arrount upon w hlch the requlreriants set forlh in paragraph (1) of Section VI ls corrputed includes the cost of material and manufactured products wlich are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shaUfurnlsh (a) acorrpetentsuperintendentor supervisor who Is errployed by the firm, has full authority to direct perf orrrance of thew ork In accordancewith the contract requlrerrants, and is In charge of all construction operations {regardless of who performs theworl<) and(b) such other of its own organlzallonal resources (supervision, rranagerrent, and engineering services) as the contracting officer deternines Is necessary to assurethe performance of the contract.

4, No portion of the contract shall be sublet, assigned or otherwise disposed of except w Ith the written consent of the contract!ng officer, or authorized representatl~e, and such consert when given shall not be construed lo relieve the contractor of any responsibility for the fulflllrrent oflhe contract Written consent w HJ be given only afler the contracting agency has assured that each subcontract Is evidenced !nw ritlng and that It contains aU pertinent provisions and requirements of the pri~ conlract.

5. Tho 30% self-performance requlrerrenlofparagraph (1) rs not applicable lo deslgn-buid contracts; however, contracting agencies may establlsh their own self-perforrrance requirements

vn. SAFErY: ACCIDENT PREVENTION

This provision !s applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contracl the contractor shall corrply w ilh a!! applicable Federal, State, and local laws governing safety, health, and sanllallon (23CFR 635). The conlraclorsha!I. provide all safeguards, safety devices and protective equ!pITTmt and 1ake any other needed actions as II deterirines, or as the contracting officerrra.y deterrrine, to be reasonably necessary to protect the life and health of eITlJloyees on the job and !he safety of \he public and to protect property Jn connection w Uh 11-e performance of thew ork. covered by the contract.

2. It Is a condition of this contract, and shall be rrade a condftlon of each subcontract, whichlhe contractor enters Into pursuant to thls conlract, that the contractor and any subcontracta- shaHnot perrrit any e!ll'loyee, In performance of lhe contract, tow ork In surroundings or under condlt!ons w h!ch are unsanitary, hazardous or dangerous to hlsfher health or safely, as delerrrined under construcllon safety and heallh standards (29 CFR 1926) prorrvlgated by the Secretary of Labor, in accordance with SecUon 107 of the Contract Work Hours and Safety SlandardsAct(40 U.S.C. 3704).

3. F\.trsuant to 29 O:R 1926.3, It Is a condition of this contract that lhe Secretary of Labor or authorized representattvethereof, shall have right of entry to any site of contract perforrmnce lo Inspect or Investigate the rmlter of corrµUance wi!h the construction safety and health standards and to carry out lhe du lies of the

Exhibit 12~G Required Federal~Aid Contract LHnguage

In order lo assure high qua my and durable construction Jn conforrrily w Ith approved plans and speclflcatlons and a high degree of reliability on statements and representaUons made by engineers, contractors, suppliers, and workers on Federal-aid highway proJects, it ls essentlalthat all persons concerned with the projectperfotmthelrfunctlons as carefully, thoroughly, and honestV as possible. W~lful falsiflca!ion, distortion, ornisrepresentatlon wlh respect to any facts related lo the project Is a vfolaUon of Federal !aw. To prnventany nisunderstandlng regarding the seriousness of lhese and sJrrilar acts, Form A-fl\IA-1022 shall be posted on each Federal-aid hlghw ay projecl (23 CFR 635) in one or roore places where ilis readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"V'vtloever, being an officer, agent, or errp!oyee of the United Stales, or of any State or Territory, or whoever, whethera person, association, firm, or corporallon, kilow ingly rrakes any false slalemen~ f atse representation, or f a!se report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of thew erk performed or to be perforrn::d, or the cost thereof In· connectlonw Ith the subrrission of plans, m:ips, speclflcatlons, contracts, or costs of construction on any highway or related projectsubm'tled for approval to the Secretary of Transportation; or

W'hoeverknowlngly makes any false staterrent, false representation, false report or false clalmwllh respect to lhe character, quality, quanl1'ly, or cost of any w ark performad or to be perforrred, ormaler!als furnished or to be furnished, in connection w llh the construcllon of any highway or related project approved by the Secretary of Transportation; or

lNhoever knowingly rrakes any false staterrenl or false representation as to material fact in any stateroont, certtficate, or report subrritted pursuant to provisions of lhe Federal-aid Roads Act approvedJuty 1, 1916, (39 Stal 355), as amended and supplemented;

Sha TI be fined under this title or lrrpr!soned not m:Jre than 5 years or both."

IX. IMPLEMENTATION OF CLE'IN AIR ACT AND FEDERAL WATER POLLIJTION COITTROL ACT This provision ls applicable to all Federal-aid construction contracts and to all related subcontracts.

By subnisslon of this bldlproposal of the execution of this conlract, or subcontract, as appropriate, Iha bklder, proposer, Federal-aid construction conlractor, or subcontractor, as appropriate, Will be deemed to have stipulated as follows:

1. Thal any person who \s orwlllbe ulltized In the performance of th!s contract Is not prohibited from receiving an award due to a violation of Section 508 of the Oean Water Act or Section 306 of the aean Air Act.

2. That the contractor agrees to Include or cause to be Included the requirements of paragraph (1) of thls Seclion X Jn every subconlracl, and further agrees to take such ac\Jon as the contracting agency may directaS a rreans of enforcing such requlrerrents.


I

I ! ~

I f

Local Assistance Proceclures Manual

Secretary under Section 107 of the Contract Work Hours and Safely Standards Act(40 U.S.C,3704).

VIII. FALSE STATB'llEITTS CONCERNING HIGHWAY PROJECTS

This provision ls appllcablo to all Federal-aid construction conlrads and to all related subconlracts.

1. Ins tructfons for Ce rtlflcaUon-Flrs t Tier Participants:

a. By signing and subrritting lhls proposal, the prospective first tier participant is providing the certification set out below.

b. The lnab!lity of a person to provide the certification set out below win not necossarlly result In donial of partlcipalion in this covered transaction. The prospeclive first tier participants.hall subrrit an explanation of why It cannot provide !he cerlifloalion set out below. The certification or explanation w II! be considered In connection w Ith the department or agency's deterrrinatlon whelherto enter Into this lransaclion. How ever, failure of the prospective first Her particfpantto furnish a cerliflcation or an explanatlon shall dlsqualiry such a personfromparticipation in this transaction.

c. The cerllflcatlon In this clause Is a material representation off act upon w hlch reliance was placed when the con!racUng agency deternined to enler Into this lransactlon. lfll is later deternined that the prospective participant knowfngty rendered an erroneous certlflcaUon, in addlllon to other rerredfes available lo the Federal Govermrent, the contracliim agency may terrrinate lh!s transaction for cause of default.

d. The prospectivefirslt!er participants hall provide lrrrredlale written notice to the contracting agency tow homthls proposal ls subnil!ed if any lirr.e the prospective firs\ lier participant learns that Its certification was errcneous when subrritted or has becorre erroneous by reason of changed c!rcum5tances.

e. The term5 "covered transact!on,""debarred," "suspended," "Ineligible," "parl!clpanl," "person," ''prlndpal," and "voluntarily excluded," as used In this claLise, aredetrned fn 2 CFR Parts 180 and 1200. "Rrst Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee or Federal funds and a partlclpant{such as the prlroo or general conlract). "Lcmer'fier O::ivered Tr.unsacllonsn refers to any covered transaction under a Rrst Tier Covered Transaction (such as subcontracts). ~RrstTier ParUclpant" refers lo the participant who has entered into a covered lransactlon with a grantee or subgrantee of Federal foods (such as the prlrre or general conlraclor). "LcmerTier Participanl" refers any partlcfpantwho has entered Into a covered transaction w Ith a First lier Participant or other' Low er Tier Participanls (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by subrrittlng this proposal that, should the proposed covered transaction be entered Into, It shaD not know lngly enter into any low er tier covered lransacUonw Ith a person who Is debarred, suspended, declared lnellgibla, or volun!arHy excluded from participation In this covered lransacUon, unless authorized by !he departroont or agency entering Into this transaction.

g. The prospective first tlar participant f urlher agrees by subrritung this proposal that It wlnlnc!ude the clause tilled "Cerl!flcalion Regarding Q:1bar0)9nl, Suspension, lnel!glb!lity and Voluntary Exclusion-Low er lier Covered Transactions," provided by the dcparlrrent or conlracting agency, entering Into this covered

Exhibit 12-G Required Federnl-Aid Contrnct Language

FHNA~1273-· Revised May 1, 2012

X. CERTIFICATION REGARDtNG DEBARMENT, SUSPENSION, INalGIBlLITY AND VOLUNTARY EXCLUSION

This provision fs applicable lo all Federal-aid construction contracts, deslgncbu!ld contracts, subcontracts, lower-tier subcoolracts, purchase orders, lease agreeimnts, consultant contracts or any o!her covered transaclion requiring Fl-NVA approval or that Is estirrated to cosl$25,000or rmre- as definodln 2 CFR Parts 180 and 1200.

h. A parllclpant In a covered lransacl!on rray rely upon a certification of a prospective participant Jn a !ow er tier covered transacHon that is not debarred, suspended, lnellglble, or voluntarUy excluded from the covered transaction, unless JI knows that the certiflcalion Is erroneous. A parlicipantis responsible for ensuring thallts pflnclpals are not suspended, debarred, orotherw ise ineligible to participate ln covered transactions. To vertty the el!glbllity of Its prlnc!pals, as well as the ellglblllly of any lower tier prospecHve partlclpanls, each partlclpantrray, but is not required to, check the &eluded Parties List System website (htlos://\n\w.epl.qml'I), whi:h ls corryfled by the General Services Adrn'nistration.

I. Nothing contained In the foregoing shall be construed lo require the establishrmnt of a systemof records In order to render in good faith the certification required by lhls clause. The know ledge and Information of tho prospective participant Is not required to exceed that w hlch Is normally possessed by a prudent person in the ordfnary course of business dealings.

j. Excepl for transactions authorized under paragraf:h (f) of these Instructions, if a participant In a covered transaction knowingly enters Info a low er lier covered transaction with a person who Is suspended, debarred, ineligible, or voluntarily excluded from participation In this lransac\Jon, In addiUcn to other remedies available to the Federal Governrrent, the departrrenl or agency rray terrrinate th ls transaction for cause or def a ult.

*. * * * 2. CertlficationRegardlng Debarment, Suspension, lnellglbllity and Voluntaiy Fxclus Ion -rlrst Tier Participants:

a. The prospective first tler partlclpant certifies to the best of \ts know ledge and belief, that It and Its principals:

(1) Are not presently debarred, suspended, proposed for debarrrent, declared Ineligible, or voluntarily excluded from participating In covered lransacUonsby any Federal departrrent or agency;

{2) Have not w I thin a lhree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for cormisslon of fraud or a crlrrinal offense In connectlonwith obtaining, atterrpling to obtain, orperforning a public {Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antrtrustslatU1es orcormisslon of errbezzlemenl, theft, forgery, bribery, falslflcaUon ordeslructlon of records, making false stateroonts, or receiving stolen property;

(3) Are not presently Indicted for or o!herw lse crlninalty or clvlUy charged by a governroontalenlily (Federal, State or locaQ with cormission of any of the offensesenumarated !n paragraph (a)(2} of this certlflcaUon; and

(4) Have nol w llhln a 1hree~year period preceding !his application/proposal had one or rmre public transacUons (Federal, Slate or local) term'nated for cause or default.


t ~ I I ' ' i I

t ' '

I f

I t I

I I

I

I

L<Jcal Assistance Procedures Manuftl

lransaclion, w !lhout rrodiflcalion, in all low er tier covered transac~ons and In ell sollc~ations for low er lier covered transactions exceeding the $25,000 threshold.

2. Ins tructlons for Certification" LowsrTJer Partk::lpants:

(Applicable to all subcontracts, purchase orders and other !ow er tier transactions requiring prior Fl-WA approvaloreBlirnated to cost $25,000 or more" 2 CFR Parts 180 and 1200)

a. By signing and subnitling this proposal, the prospective lower fur !s providing the certification set out below.

b. The certifJcallon In this clause Is a rraterial representation off act upon which reliance was placed when this transaction was entered Into. If it Is later delermned that the prospective !owertler participant know iflgly rendered an erroneous certificalion, In addition lo other remedies available to Iha Federal Governmant, !he departroont, or agency w 1lh which Uis transacUon originated nay pursue available rerredies, Including suspension and/or debarment.

c. TI1e prospective low er tier parUclpanl shall provide ltrm3dlate w rlllen notice to the person tow hich this proposal ls subrritted If at any lirl"'e the prospective lower lier participant learns thal Its cerllr!cal!on was erroneous by reason of changed clrcurrslances.

d. lhe terrrs "covered transactlon,""debarred,""suspended," "ineligible," "parUclpant," "person," "principal," and "volun1arRy excluded," as used In this clause, are defined in 2 CFR Parts 180 and 1200. You rmy contact the person to which this proposal ls subrrilted for assistance In obtaining a copy of those regulallons. ~Rrst Tier Covered TransacUons" refers to any covered transacUon betw eell a grantee or subgranlee of Federal funds and a participant (such as the prima or general con!ract). ~LON er ller Covered TransacUonsD refers to any covered transaction under a Rrst Tier C.Overed 'fransaction (such as subconlracts). "Flrsl Tier Partlclpanr refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of Federal funds {such as the prlrre or general contractor). ~LONer Tier Participant" refers any parllclpantwhohas entered into a covered transaction with a Firs!lier Partlc!panl or other Lower ller Partk:lpants (such as subcontractcrsand suppliers).

e. The prospective !ow er lier participant agrees by subnilUng this proposal lhal, should lhe proposed covered transaction be entered Into, ~ shall not knowlngly enter into any lower tier covered lransacUonwith a person who ls debarred, suspended, declared lnellglbla, or voluntarily excluded fromparUc1palion in this covered transaction, unless authorized by !he depar11rent or agency w i\h which this transaction originated.

f. The prospective !o'w er tier par!lc!pant further agrees by subrritting this proposal that U w UI Include this clause tilled "Certification Regarding Debarrmnt. Suspension, fne!lglbll!ty and Voluntary B<cluslon~Low erller C'..overed Transaction," w ilhoul rrodrtication, In all low er tler covered lransndions and in all sollcllatlons for low er lier covered transact!ons exceeding the $25,000 threshold.

g. A participant ln a covered transaction rray rely upon a certlflcatfon of a prospective participant in a low er tier covered transacUon that ls not debarred, suspended, ineligible, or voluntar!ly excluded f romlhe covered lransactlon, unless It kno.vs that the certlflcaUon ls erroneous. A participant ls responsible for ensuring lhat Its prtnclpals are not suspended, debarred, or otherwlseinefigible to participate In covered transactions. To verify the ellglbilily of Its prlnclpals, as well as the ellglbiity of any low er tier prospedlve participants, each participant nny, but Is not required to, check the Bccluded Parlfes Ust System website

E.""thibit l2"G Required Fecle1•al-Aid Contract Language

FHVVA"1273 - Revised May 1, 2012

b. Vl/nere the prospective participant Is unable to certify lo any of the stalerrents Jn lhls certification, such prospective participant shall atlach an explanation to this proposal.

L E'xcept for transactions authorized under paragrapi e of these Jnstructlons, if a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who Is suspended, debarred, Ineligible, or volunlarily excluded from participation in this transacllon, In addition to other rerredles available lo the Federal Govermrent, the department or agency wllhw hlch lhls transaction originated may pursue available remedies, Including suspension and/or debanmnL

Certification Regarding Debarment, Suspension, lnellgibllity and Voluntary Exel us ion-Lower Tier Participants:

1. The prospec\Jve low artier participant certifies, by subrrisslon of thls proposal, that neither It nor Its principals Is presently debarred, suspended, proposed for debarm.:mt, declared ineligible, or votunlarHy excluded frompart!clpaUng In covered transacllons by any Federal department or agency,

2. V\ihere the prospective tow er tier partlclpanl Is unable to certlly to any of the staterrents In !his certification, such prospective partlclpanl shall attach an explanation lo this proposal.

* *. *" XI. CER.TIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision Is applicable to all Federal-aid construction contracts and to all rel a led subcontracts which exceed $100,000 {49 CFR 20).

1. The prospective parllcJpantcerllfies, by signing and subrritting this bid or proposa~ to the best of his or her know ledge and belief, that;

a. No Federal appropriated funds have been paid or wlUbe paid, by or on behalf of the undersigned, to any person for Influencing or atlerrpting to Influence an officer or errployee of any Federal agency, a Woerrtier of Congress, an officer orerrployee of Congress, or an errployee of a Nerrtier of Congress In connection w ilh the aw ardlng of any Federal contract, the making of any Federal grant, Iha rraklng of any Federal loan, the entering lnlo of any cooperative agreeroonl, and the extension, contlnuaUon, renew al, armndman~ or IT);)dificalion of any Federal contract, grant, loan, orcooperallve agreemant.

b. if any fund$ other than Federal appropriated funds have been paid or will be paid lo any person forlnfluenclngor allerrpling to Influence an officer or erq:Jloyee of any Federal agency, a M3rrber of Congress, an officer oref11)1oyeeof Congress, or an errployee of a fllerrter of Congress In connection with lhls Federal contract, grant, loan, or cooperativeagreerr.enl, the undersigned shall corrplele and subrrit Standard Form-LLL, "Dscrosure Form lo Report Lobbying,"ln accordance\vith its instructions.

2. This certification is a rralertal representation of fact upon which re Hance was placed when this transaction was rrade or entered Into. Subniss!on of this certification Is a prerequisite for making or entering ln1o !his 1ransacUon lrrposed by 31 U.S.C. 1352. Any personw ho fails to file the required certlf!callon shall be subject to a clvllpenally of not Jess than $10,000 and not roore than $100,000 for each such failure.

3.lhe prospective participant afso agrees by subnitling Its bid or proposal that tho participant shall require that the language of this certification be Jncluded In all low er tier subcontracts, which

Page 17 of 23

January 2018

Locnl Assistm1ce :Ptoi:edures Manual

(hltt?s:f/\\\\W cnls_ggvQ, which is corrpiled by the General Services Adninlstratlon.

h. Nolhlng contained In the foregoing sh an ba construed lo require estabflshrrent of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person In the ordinary course of buslne&s dealings.

Exhibit 12AG Required Federal~Aid Contract Language

FHNA-1273-- Revised W.y 1, 2012

exceed Inf ormaUon of participant Is not required lo exceed that w hlch Is $100,000 and that an such recipients shall certify and disclose accordingly.


I I I I

I

I I I

I

Hllcicnment No. 7

GRAnlTE'" July 19, 2018

City of Calexcio 608 Heber Avenue Calexico, CA 92231-2840

Attn: Lilliana "Lily" Falomir Public Works Manager-Administrative

Re: Cesar Chavez Blvd. Improvements Federal Project No.: HPLUL-5168(017)

Subj: Bid Protest

Dear Ms. Falomir:

This serves as a formal protest of the bid submitted by Pyramid Construction and Aggregates, Inc. ("Pyramid") on the above-referenced Contract. The points outlined below should be sufficient grounds for finding Pyramid's bid non-responsive.

Granite Construction Company ("Granite") timely submitted a bid to the City of Calexico ("Calexico") for the above-referenced Contract on June 24, 2018. Granite Construction was the apparent low bidder, Pyramid was the second low bidder, and Hazard Construction was the third low bidder.

The following points demonstrate that Pyramid's bid should be considered non-responsive:

PYRAMID'S SUBCONTRACTOR LISTING DOES NOT COMPLY WITH STATE LAW

California Public Contract Code, Section 4104, Paragraph (a) (1) states:

(a) (1) The name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 172S.S of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of onehalf of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

38000 Monroe Street, Indio, CA 92203 I Telephone: 760.775.7500 I Facsimile: 760.775.8229

of 3

City of Calexico

July 19, 2018

CiRAnlTE'"

The bid submitted by Pyramid does not list the California contractor license number for any

listed subcontractor and, therefore, does not comply with State law. The subcontractor listing

from Pyramid, which is also contained on Page 82 of the Bid Document, are shown below for reference.

PORTION OF WORK ..... OIRNUMBSt PLAa OF BUSINESS AODftESS!m.EPHONE No.

~ U....HIC--~ -· -c1~11 ~.----- ... ,.,~....._JM. - 'f. ... ~ ..... _ -~~.m .......... ·-. -- "-~°"'"""-·- ·-~ 1a•~ .. JN.,~

Ir.I~-~- -· ..... - ..... --Of- ..... DIRNUMllER flt.ACE OF BUSINESS.

......... - ... - ~l..fPHONE ,_,_

...,,y-. ~-11111 T-·- ..,~Ml-

-- i;........,~&o.lf-.:i ......,, Al~fef)()(I ""'""""" - CA lnl51

•OC0004067 -~"·-"-·~·- - rolllo ....... J~ .........

It should also be noted that Exhibit 12-B Bidders List of Subcontractor (DBE and Non-DBE) Part 1, there is a place where the Contractor's State License Number could have been entered. Pyramid left this blank (i.e. did not enter a Contractor's State License Number).

PYRAMID DID NOT SUBMIT EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATIONS FOR PROPOSED SUBCONTRACTORS

The Equal Employment Opportunity Certification form is provided on Page 84 of the Bid Documents. A portion of the form is shown below. It states that "the above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41CFR60-1.7(b)(l)), and must be submitted by bidders and proposed subcontractors."

~~~----~-====-========-'--. --~ ---.. -~ ........ ...:......-... --.. --..... _,_ ....... ___ ... ..,.__"""""ions.1111• ... 11,.., ... th ... -.._ .. ___ ... ___ ,,___ .... _ ..... otoot .. -c-... .,_,, ___ , .. , ..... _ _. ...... -_ .... ,.;,,..,_ .. , ....... _ ... _ ............... , ........ _ --- '""--~-i.r· ...... ._,,,...,, __ ., ... s..o ...... ,.,._ .. '< .. 00-:l>lbll>IJ, __ .. .,.,.,_ .. __

----..,~·-----·--"'"'"" ..... _~--.._.__ ... __ .,. __ ... ..... _ ... _ ...... ""'.~"""""'' ( __ "'_.,........, ...... .. 110.000 .. ..- ... _,

Pyramid submitted the EEO Certification for themselves, but did not submit the form for any of their proposed subcontractors, which does not comply with section 41CFR60-1.7(b)(1).


of 3

City of Calexico

July 19, 2018

GRAnlTE'"

PYRAMID DID NOT SUBMIT COPIES OF THEIR QUOTES TO SUBSTANTIATE PARTICIPATION

In the Supplementary General Conditions (State) - California State Requirements, Section 20 (DBE Commitment Submittal), it states to "submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copv of a DBE's quote will serve as written confirmation that the DBE is participating in the contract." Pyramid did not submit copies of their quotes and therefore did not provide a responsive DBE Commitment Form.

SUMMARY

In summary, Pyramid's bid did not comply with California Public Contract Code, Section 4104, Paragraph (a) (1) in regards to subcontractor listing; did not submit Equal Employment Opportunity Certifications for proposed subcontractors; and did not submit copies of their quotes to substantiate DBE participation. Accordingly, Granite respectfully requests that the City of Calexico deem the bid submitted by Pyramid to be non-responsive.

Granite requests that this protest be addressed prior to any award on this Contract and that a copy be provided to the City Council for review. Should you have any questions or require additional information, please do not hesitate to contact me at (760) 578-3138.

Sincerely

GRANITE CONSTRUCTION COMPANY

/Jl,-Joe Richardson Regional Chief Estimator


Attacnment No. ts

State of California California State Transportation Agency DEPARTMENT OF TRANSPORTATION

Memorandum Making Co11servatio11 a Califor11ia Way of Life.

To: DANIEL BURKE Manager Division of Local Assistance

Date: June 18, 2018

File: HPLUL 5168 (017)

From: MARYLEE MIGLINO ~ Office Chief Certification/Contract Evaluation

Subject: City of Calexico - Review of Good Faith Effort Determination

The City of Calexico (Calexico) determined Granite Construction Company (Granite) demonstrated adequate good faith efforts to meet the 15.0% goal for a roadway construction project. The Contract Evaluation Branch (CEB) does not concur with Calexico's determination for the reasons detailed in this memo.

In Part A of Exhibit 15-H DBE INFORMATION -GOOD FAITH EFFORTS (Good Faith Efforts Documentation), Granite entered "See Attachment A, Tab I of the Good Faith Effort Documentation." Supporting the information in Attachment A, Tab I were copies of publication proofs from Construction Update, Minority Bidders Bulletin, and The Weekly Bid Flash. According to the documentation provided, Granite advertised for DBE participation at least 7 days prior to the bid opening date. In its Evaluation of Good Faith Effort Memo, Calexico does not analyze if these advertising efforts provided sufficient time and information for DB Es to respond to the ads with quotes.

In Part B of the Good Faith Efforts Documentation, Granite entered "See Attachment A, Tabs 2-7 of the Good Faith Effort Documentation." Supporting the information in Attachment A, Granite provided an email contact log, email transmission reports, and fax transmission reports. According to this documentation, invitations to bid were emailed to 534 firms and faxed to 513 firms. Granite also provided a telephone call log. According to this documentation, on May 16, 2018, Granite placed telephone calls to 52 DBEs.

In its Evaluation of Good Faith Efforts Memo, Calexico states, " ... Granite Construction Company emailed/faxed/mailed the invitation to bid to 513 firms based on a DBE query of the CUCP." In its Evaluation of Good Faith Effort Memo, Calexico does not mention the disparity in the number ofDBEs that were sent an invitation to bid (534 emailed, 513 faxed) with the number ofDBEs that were contacted by telephone (52). Granite did not provide a copy of its query of the California Unified Certification Program (CUCP). Therefore, Calexico's statement that Granite solicitations were "based on a DBE query of the CUCP" is unfounded.

'"Prol'ide a safe. s11stai1wble, i111egra1ed a11d efficient transponarion sys1em In ,,,,finnrt> r'n/i(,-,, . .,;,. ·~ orrnu•nt" nnrl fi,•nl-.;/,r.• ·•

Contract No.: HPLUL 5168 (017) Page 2 of3

In Part C of the Good Faith Efforts Documentation, Granite entered "See Appendix A attached to this form." Granite provided a table titled "Appendix A (SECTION C) Available items of Work," listing the items of work they made available to DBEs. According to this documentation, Granite made $4,471,227 or 75.05% of their total bid available to DBEs. In its Evaluation of Good Faith Efforts Memo, Calexico merely restates the items of work that were purported to be made available to DBEs rather than analyzing if Granite made sufficient work available to DBEs.

In Part D of the Good Faith Efforts Documentation, Granite entered "See Appendix B attached to this form." Granite provided document titled "Names of Firms Selected and Rejected DBE Firms," and copies of quotes from rejected DBEs and non-DBEs that were accepted instead. According to this documentation, 3 DBE quotes were rejected due to higher pricing. In its evaluation of Good Faith Efforts Memo, Calexico states the number of DBE quotes accepted and the number of DBE quotes rejected without analyzing if these quotes were rejected for valid reason(s). For instance, Calexico should have compared the pricing rates between the rejected DBE quotes and accepted non-DBE quotes.

In Part E of the Good Faith Efforts Documentation, Granite entered "See Attachment A, Tabs 2-8." According to this documentation, Granite made an offer of assistance to DB Es with bonding, plans, specifications, and contract requirements.

In Part F of the Good Faith Efforts Documentation, Granite entered "See Attachment A, Tabs 2-8." According to this documentation, Granite provided assistance with equipment, supplies, and materials.

In Part G of the Good Faith Efforts Documentation, Granite entered "See Attachment A, Tab 9." Granite provided a document titled "Outreach Agenda." According to this documentation, Granite attended 12 different DBE outreach meetings from April 2010 until October 2016. These events were not specific to this project, however it is plausible that Granite may have developed relationships with DBEs as a result of their attendance to these events.

Bidder Comparison of DBE Commitment

Bidder Bid Amount DBE Commitment Percent of Bid

Granite $5,957,460.00 $398, 764.40 6.69%

Pyramid Construction $5,984,593.00 $1,502,929.00 25.11 %

Hazard Construction $6,694,830.00 $1,023,576.00 15.29%

Contract No.: HPLUL 5168 (017) Page 3 of3

SUMMARY OF FACTS

The CEB does not concur with Calexico considering the following factors:

• Granite did not provide a copy of their query of the CUCP. • Granite did not conduct follow-up telephone calls to 482 of the 534 DB Es that were

emailed an invitation to bid. • Granite did not conduct follow-up telephone calls to 461 of the 513 DBEs that were

faxed an invitation to bid. • Pyramid Construction and Hazard Construction exceeded the DBE goal while Granite

did not.