HomeMy WebLinkAbout2019-12-10 - AGENDA REPORTS - BUS STOP IMPROV PROJ (2)Agenda Item: 8
DATE: December 10, 2019
SUBJECT: BUS STOP IMPROVEMENT PROJECT
DEPARTMENT: Neighborhood Services
PRESENTER: Adrian Aguilar
RECOMMENDED ACTION
City Council:
1. Award a contract to LNI Custom Manufacturing, Inc., for the purchase and installation of bus
stop furniture, in an amount of $240,050, and authorize a ten percent project contingency of
$24,005, for a total contract amount not to exceed $264,055.
2. Appropriate funds in the amount of $96,798 to expenditure account 12402-5201.002, and
$167,257 to expenditure account 12402-5161.001, and increase Miscellaneous Federal
Grants revenue account 700.4424.009 by $264,055.
3. Authorize the City Manager or designee to execute all contract documents, subject to City
Attorney approval.
BACKGROUND
The Bus Stop Improvement Project is part of an ongoing effort to keep bus stops in the City of
Santa Clarita (City) safe, accessible, and attractive.
Over the last 12 years, improvements to the City's bus stops have included improved access and
sideways, real-time bus arrival information, new passenger amenities, and in -street concrete pads
to extend the life of the City's roadways.
The Bus Stop Improvement Project is included in Santa Clarita 2020 and will improve 33
existing bus stops as listed in the Bus Stop Locations Reading File material. These locations
were selected based on survey responses, service requests, and Transit Development Plan
recommendations. They were also presented to the Santa Clarita Transit Accessibility Advisory
Committee in March 2019, before being finalized.
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Specifically, the Bus Stop Improvement Project will replace damaged and worn bus shelters,
benches, and trash receptacles throughout the 33 identified locations. This project will also
improve safety with the installation of brighter, solar -powered, light -emitting -diode lighting.
Bid Number TMF-19-20-09 was published and circulated via the PlanetBids system on
October 4, and October 11, 2019. Fifty-seven vendors downloaded the bid specifications, of
which seven submitted proposals to the City.
Company
Location
Bid Amount
LNI Custom Manufacturing, Inc.
Hawthorne, CA
$228,661
E.C. Construction
S. El Monte, CA
$264,159
Model Builders, Inc.
Midway City, CA
$290,775
Humphrey
Diamond Bar, CA
$291,400
G2K
Agoura Hills, CA
$305,140
YAKAR
Covina, CA
$397,512
R.C. Becker and Son
Santa Clarita, CA
$399,651
Based on the evaluation of bids and subsequent due diligence research of professional references,
staff recommends award of contract to LNI Custom Manufacturing, Inc. (LNI), to cover the
completion of the project. LNI possesses a valid state contractor's license and is in good standing
with the Contractors State License Board. The contractor's bid was reviewed for accuracy and
conformance to the contract documents and was found to be complete. This contract is for one
year with no renewal options. Additionally, two developer bus shelters were included in the
contract for repair, for a total contract amount of $240,050.
If approved, the City will use Federal Transit Administration grant funds to cover the entire cost
of the project. Grant requirements prohibit local agencies from evaluating bid proposals based on
geographic preferences, even if those preferences are imposed by state or local laws.
ALTERNATIVE ACTION
Other action as determined by City Council.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The total cost is to be entirely offset by federal
grant funds.
ATTACHMENTS
Bus Stop Locations (available in the City Clerk's Reading File)
Bid Specifications TMF-19-20-09 (available in the City Clerk's Reading File)
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SANTA CLARITA
NOTICE INVITING BIDS
The City of Santa Clarita is seeking bids from qualified vendors for the removal of old bus stop furniture and
procurement and installation of new bus stop furniture.
TABLE OF CONTENTS
Bid # TMF-19-20-09
Bus Stop Improvement Project
Section.............................................................................................................................................. Page
NoticeInviting Bid...................................................................................................................................
2
InvitationFor Bid.....................................................................................................................................
3
Instructionsto Bidders............................................................................................................................
4
ScopeOf Work........................................................................................................................................
25
Contract Agreement (Sample Only)........................................................................................................
33
BidSchedule............................................................................................................................................
57
AdditionalPricing....................................................................................................................................58
Designation of Subcontractors...............................................................................................................
59
References..............................................................................................................................................
60
BidBond..................................................................................................................................................61
ProposalBond.........................................................................................................................................62
FaithfulPerformance Bond.....................................................................................................................63
BuyAmerica Certification.......................................................................................................................
64
Certification And Restrictions On Lobbying............................................................................................
65
DBE Participation Commitment Form.....................................................................................................
66
DBELetter of Intent................................................................................................................................
68
DBEGood Faith Efforts............................................................................................................................
69
BiddersList..............................................................................................................................................
72
Government -Wide Debarment And Suspension Form...........................................................................
74
DocumentChecklist................................................................................................................................76
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CITY OF SANTA CLARITA BID NOTIFICATION
Project Name: Bus Stop Improvement Project
BID #: TMF-19-20-09
Bid Opening: November 04, 2019
Last Day for Questions: October 25, 2019
Engineering Estimate: $290,800
Project Description: Solicitation of bids for a bus stop improvement project, the project will include
removal of old bus stop furniture, procurement and installation of new bus stop
furniture.
Wage Requirements: California Prevailing Wage
DBE Goal: Yes 5%
Labor Compliance: Yes
Bond Requirements: The amount must be no less than ten percent (10%) of the total amount of the
bid.
Contact Information: Melody Bartlette
(661) 255-4918
mbartlette@santa-clarita.com
Specifications for this bid may be downloaded from the City's Purchasing website at:
http://www.planetbids.com/portal/portal.cfm?CompanylD=16840# Please refer to specifications for
complete details and bid requirements. The specifications in this notice shall be considered a part of any
contract made pursuant thereto. A paper copy of the bid documents is available upon request in the City
Clerk's Office, Suite 120.
Bid Questions should be submitted electronically to:
htt2://www.121anetbids.com/portal/�ortal.cfm?Coml2anylD=168404
Addenda, if issued bythe CITY, will be transmitted on PlanetBids. Addenda must be digitally acknowledged
via PlanetBids in addition to a printed and signed version submitted with the bid. If addenda are not signed
and submitted with the bid proposal, the bid may be deemed non -responsive and rejected.
Published two (2) times: October 04, 2019, and October 11, 2019
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CITY OF SANTA CLARITA
INVITATION FOR BID
Bus Stop Improvement Project
BID # TMF-19-20-09
Bids must be uploaded via PlanetBids before 11:00 AM on Monday, November 4, 2019 to the Purchasing Agent of
the City of Santa Clarita. Specifications for this electronic bid may be viewed at:
http://www.planetbids.com/portal/portal.cfm?CompanylD=16840#
Purchasing: (661) 255-4918
1. Solicitation documents for this bid may be downloaded from the City's Purchasing PlanetBids website at
http://www.planetbids.com/portal/portal.cfm?CompanylD=16840#. Please refer to the solicitation
documents for complete details and bid requirements.
2. Proposer shall honor bid prices for One Hundred Twenty (120) days or for the stated contract period,
whichever is longer.
3. Bids must include this invitation for bid form and be signed by the contractor's authorized representative.
This signature acknowledges the proposer has read and understands the requirements contained on pages
1 to 76 and exhibits A to C.
4. The last day for questions will be October 25, 2019, 10:00 AM. Questions should be submitted electronically
via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=16840#
5. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly
from the City.
6. The specifications in this notice shall be considered a part of any contract made pursuant thereto.
I have, read, understood, and agree to the terms and conditions on all pages of this invitation for bid. The
undersigned agrees to furnish the commodity or service stipulated on this bid as stated above.
Company:
Address:
Name (Print): Company Phone No.:
Signature:
Title of Person Signing Proposal:
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A.
BID INSTRUCTIONS
Bid # TMF-19-20-09
Bus Stop Improvement Project
ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendors
responsibility to monitor PlanetBids for release of the addenda prior to submission of the quote to make certain
the package is complete and all required addenda are included. This information will be available via PlanetBids.
Vendors are cautioned against relying on verbal information in the preparation of bid responses. All official
information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by
the Agency, will be transmitted via PlanetBids. Addenda must be digitally acknowledged through PlanetBids in
addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with
the quote response, the bid may be deemed non -responsive and rejected.
2. AWARDS.
2.1. The City reserves the right waive any informality in any bid.
2.2. The City will award in accordance with S.C. M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless this
bid is identified as public works, a professional services, or is federally funded.
2.3. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost
to the City to acquire the goods and/or services resulting from this solicitation.
2.4. The City may make an award based on partial items unless the bid submitted is marked "All or none."
Where detailed specifications and/or standards are provided the City considers them to be material and
may accept or reject deviations. The results of the bid will be posted on PlanetBids, normally within 24
hours.
BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.
3.1. In the bid documents, the use of a specific manufacturer, brand or make does not restrict bidders in in
their proposed solution wHen brand names are used it indicates the quality and utility of the article
desired; thus the bids submittial shall in all cases propose goods equal in quality and utility. to those
referred to.
3.2. Materials differing from stated specifications may be considered, provided such differences are clearly
noted and described. The Agency shall make the final determination of compliance with the specifications.
3.3. If proposing with an alternative or equivalent product, provide the cut sheet/spec sheet or detailed
product description for the proposed product via the PlanetBids Q&A section prior to the last day for
questions. For each product proposed documentation provided must include a description reflecting the
characteristics and level of quality that will satisfy the salient physical, functional, or performance
characteristics of "equal" products specified in the solicitation. The proposal must also clearly identify the
item by brand name (if any), and make/model number. In addition, the proposal may include descriptive
literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or
information available to the City, and clearly describe any modifications the offeror plans to make in a
product to make it conform to the solicitation requirements.
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3.4. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made
on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE
has been used in the specification section.
4. BONDS.
4.1. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least
10% of the total value of the bid OR 10 % of the value of the 1st year of service for service bids, to guarantee
that bidders will enter into contract to furnish goods or services at prices stated. The bonding company
must be listed on Treasury Circular 570 and licensed to operate in the state of California.
4.2. Likewise, a Performance Bond and/or Material and Labor bonds shall be required of the successful bidder
when stated in the specification (cash deposit, certified or cashier's check or money order may be
substituted in lieu of either bond).
4.3. Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA
91355, ATTENTION SUITE 120 and marked with the words "BID BOND FOR" and the bid #, "NO LATER THAN
the bid due date and time, for the vendor to be considered responsive.
5. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation
with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause
in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner
to or representative of these outside agencies and is not obligated or liable for any action or debts that may
arise out of such independently negotiated "piggy -back" procurements.
6. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and
contract delivery may begin no later than fifteen (15) calendar days from receipt of order.
7. INVOICES. Invoices will be forwarded to:
City of Santa Clarita
Attention: Grace Ferguson
NS - Transit
23920 Valencia Blvd.
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the
contract. Invoice processing begins on receipt of the material or invoice, whichever is later.
STATE PREVAILING WAGE. This contract is subject to the State prevailing wage requirements of the California
Labor Code including, but not limited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section
1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be
done have been determined by the Director of the California Department of Industrial Relations. These wages
are set forth in the General Prevailing Wage Rates for this project, available from the California Department of
Industrial Relations' Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future
effective general prevailing wage rates which have been predetermined and are on file with the California
Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy
of the prevailing rate of per diem wages shall be posted at the job site. This bid is subject to SB 854 and SB-96.
Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code
Section 1720.9. The Contractor is responsible for obtaining a current edition of all California statutes and
regulations and adhering to the latest editions of such.
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9. PREPARATION. All bids must be submitted via PlanetBids. All forms must be uploaded as laid out in the
PlanetBids General Attachments Section.
10. REJECTION. The City reserves the right to reject any or all bids and to waive any informality in any quote. The
City may reject the bid of any vendor who has previously failed to perform properly, or complete on time,
contracts of a similar nature, or to reject the quote of a vendor who is not in a position to perform such a
contract satisfactorily. The City may reject the bid of any vendor who is in default of the payment of taxes,
licenses or other monies due to the City of Santa Clarita.
11. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this Invitation to Bid may be
renewed annually, one time, in accordance with the terms of the contract. If not otherwise stated, the contract
may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All
Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange county area and prevailing
wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be
requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month
preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit
will be the percentage change based on the difference between the beginning level or the adjustment level last
used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to
the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new
contractor.
12. STATE CONTRACTOR'S LICENSE. If requested and in accordance with the provisions of California Public Contract
Code Section 3300, the successful vendor shall submit proof of a State Contractor's License with bid response.
Failure to possess the specified license shall render the bid as non -responsive and shall act as a bar to award the
contract to any bidder not possessing said license at the time of award. As provided for in Section 22300 of the
California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to
ensure performance under the contract.
13. SUBCONTRACTORS. For all public projects, the vendor must list any subcontractors that will be used, the work
to be performed by them, and total number of hours or percentage of time they will spend on the project.
14. SUBMITTING BIDS.
14.1. The bid response must be submitted on this form and include all forms provided or information requested
or required by the scope of work or specifications, (uploaded via PlanetBids)
14.2. All documentation of unit pricing or other cost breakdowns as outlined in this quote must be submitted to
support the total bid price.
14.3. Bids/corrections received after the closing time will not be accepted. The City will not be responsible for
bids not properly or timely, uploaded. Upon award, all submissions become a matter of public record.
15. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally
or in writing at any time without penalty.
Federal Requirements (Federal Transit Administration)
Fly America Requirements
Contractor shall comply with 49 USC 40118 (the "Fly America" Act) in accordance with General Services Administration
regulations 41 CFR 301-10, stating that recipients and sub recipients of Federal funds and their contractors are required
to use US Flag air carriers for US Government -financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as
defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by a US flag air carrier was not available or why it was necessary to
use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.
Contractor shall include the requirements of this section in all subcontracts that may involve international air
transportation.
America Certification
Contractor shall comply with 49 USC 5323(j) and 49 CFR 661, as amended by MAP-21 stating that Federal funds
may not be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in
the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General
waivers are listed in 49 CFR 661.7, and include software, microcomputer equipment and small purchases (currently
less than $150,000) made with capital, operating or planning funds. A bidder or offeror shall submit appropriate
Buy America certification to the recipient with all bids on FTA-funded contracts, except those subject to a general
waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive.
This requirement does not apply to lower tier subcontractors.
Cargo Preference
Contractor shall: a. use privately owned US -Flag commercial vessels to ship at least 50% of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or
commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates
for US flag commercial vessels; b. furnish within 20 working days following the loading date of shipments originating
within the US or within 30 working days following the loading date of shipments originating outside the US, a legible
copy of a rated, "on -board" commercial bill -of -lading in English for each shipment of cargo described herein to the
Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the
recipient (through contractor in the case of a subcontractor's bill -of -lading.); c. include these requirements in all
subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material or
commodities by ocean vessel.
Seismic Safety
Contractor agrees that any new building or addition to an existing building shall be designed and constructed in
accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to
the extent required by the regulation. Contractor shall also ensure that all work performed under this contract,
including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the certification
of compliance issued on the project.
Energy Conservation
Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy
conservation plan issued in compliance with the Energy Policy & Conservation Act.
Lobbying
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65
[to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $150,000 or more shall
file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
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employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
Access to Records and Reports
The following access to records requirements apply to this Contract:
1. In accordance with 49 CFR 18.36(i), contractor shall provide the City, the FTA, the US Controller General or their
authorized representatives access to any books, documents, papers and contractor records which are pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant
to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records
and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance
through the programs described at 49 USC 5307, 5309 or 5311.
2. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed.
3. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not
less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or
settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same
until the City, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of
all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11).
FTA does not require the inclusion of these requirements in subcontracts.
Bonding Requirements
FTA may accept the bonding policy and requirements of The City, provided that they meet the minimum requirements
for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of
a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance
that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the
time specified.
b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is
one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one
executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and
material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors
are as follows:
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or
(3) $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance
and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately
protected. An irrevocable letter of credit would also satisfy the requirement for a bond.
Bid Bond Requirements (Construction)
(a) Bid Security - A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as
a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder.
(b) Rights Reserved - In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient)
to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety
(90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and
agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid
opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided
above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments
Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he
shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability
to enter into an agreement, or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check,
Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by
(Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully
recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify
(Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as
to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or any of the material contained on this
form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient)
determines that a lesser amount would be adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase
in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional
protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional
bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1 million.
(ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by
subparagraph 1 if the contract price is increased.
Performance and Payment Bonding Requirements (Non -Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's)
interest.
(a) The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial
compensation (as in retention of salvaged material).
2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern
as the successor in interest, desires assurance that it is financially capable.
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3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance
bonds as follows:
1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient)
determines that a lesser amount would be adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase
in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional
protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional
bond.
(c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the
(Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds
as follows:
1. The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1 million;
(ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or
(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment
provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment
bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the
financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the
patent indemnity to protect the (Recipient).
Clean Air
1) Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42
USC 7401 et seq. Contractor shall report each violation to the recipient and understands and agrees that the
recipient will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office.2)
Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part
with FTA assistance.
Clean Water
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report each violation to the recipient and
understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate
EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.
Federal Changes
Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may
be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall
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constitute a material breach of the contract.
Recycled Products
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery
Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
Davis -Bacon and Copeland Anti -Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will
be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged
to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage determination
(including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -
Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in
a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require
that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is
performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the
laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not
agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including
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fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid
to all workers performing work in the classification under this contract from the first day on which work is performed
in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A)
The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe benefits
Therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage
rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage
determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.(C) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination with
30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(2) Withholding - The recipient shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing
wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, the grantee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics
working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in
the construction or development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)
of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever
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the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)
of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)
The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the
recipient for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5.
This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may
be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by
all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required
to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and
complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above
certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18
and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records
required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person
is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its program
is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
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journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage
of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate
on the wage determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department
of Labor, or the employees or their representatives.
(10) Certification of Eligibility - (i) By entering into this contract, contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be
subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in 18 USC 1001.
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No Government Obligation to Third Parties
(1) The City and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or
approval of the solicitation or award of the underlying contract, absent the express written consent by the US
Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance.
It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its
provisions.
Program Fraud and False or Fraudulent Statements or Related Acts
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC
3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this
project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA
assisted project for which this contract work is being performed. In addition to other penalties that may be applicable,
contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate.
If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification
to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance
under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49
USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate.
Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance.
The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
Contract Work Hours & Safety Standards Act
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of 40 hours in such work week unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in para.
(1) of this section, contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in para. (1) of this section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in para. (1) Of this section.
(3) Withholding for unpaid wages and liquidated damages - the recipient shall upon its own action or upon written
request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para.
(2) of this section.
(4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and
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also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.
Termination
a. Termination for Convenience (General Provision) the recipient may terminate this contract, in whole or in part, at
any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination. Contractor shall
promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property,
contractor shall account for same, and dispose of it as the recipient directs.
b. Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in accordance with
the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called
for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate
this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the
manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and
accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later
determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood,
events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery
or performance schedule, may allow contractor to continue work, or treat the termination as a termination for
convenience.
c. Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach
or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice
of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails
to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this
Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of
said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to
contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing
all available remedies against contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by
contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies
for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by written notice, may
terminate this contract, in whole or in part, when it is in the recipient's interest. If the contract is terminated, the
recipient shall be liable only for payment under the payment provisions of this contract for services rendered before
the effective date of termination.
f. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to perform the services within
the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this
contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor
a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the
rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience.
g. Termination for Default (Transportation Services) If contractor fails to pick up the commodities or to perform the
services, including delivery services, within the time specified in this contract or any extension or if contractor fails to
comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient
shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only
be paid the contract price for services performed in accordance with the manner of performance set forth in this
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contract. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as
directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and
the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall
be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that
contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been
issued for the recipient's convenience.
h. Termination for Default (Construction) If contractor refuses or fails to prosecute the work or any separable part, with
the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work
within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate
this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the
nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may
take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.
Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure
to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated.
This liability includes any increased costs incurred by the recipient in completing the work.
Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause
if:
1. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor
in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If
in the recipient's judgment, delay is excusable, the time for completing the work shall be extended. The recipient's
judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.
If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the
delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the
recipient's convenience.
i. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole
or in part, for the recipient's convenience or because of contractor's failure to fulfill contract obligations. The recipient
shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of
termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services affected (unless the
notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract, whether completed or in
process. If termination is for the recipient's convenience, it shall make an equitable adjustment in the contract price
but shall allow no anticipated profit on unperformed services. If termination is for contractor's failure to fulfill contract
obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any
additional cost incurred by the recipient. If, after termination for failure to fulfill contract obligations, it is determined
that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been
issued for the recipient's convenience.
j. Termination for Convenience or Default (Cost -Type Contracts) the recipient may terminate this contract, or any
portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for
convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner
in which contractor has failed to perform the requirements of the contract. Contractor shall account for any property
in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If
termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in
proportion to the value, if any, of work performed up to the time of termination. Contractor shall promptly submit its
termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor.
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If termination is for the recipient's convenience, contractor shall be paid its contract closeout costs, and a fee, if the
contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason
for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor,
the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as
a termination for convenience.
Government Wide Debarment and Suspension (Non Procu
The City agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any
arrangement to participate in the development or implementation of the Project with any Third Party Participant that
is debarred or suspended except as authorized by: 1 U.S. DOT regulations, "Nonprocurement Suspension and
Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Government wide Debarment and Suspension
(Non procurement)," 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and
12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, (b)
It will review the U.S. GSA "System for Award Management," http://https.www.sam.gov,. proxy 1.semaIt. design if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants
to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party
Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the "System for Award
Management" at http://https.www.sam.gov,. proxy 1.semaIt. design if necessary to comply with U.S. DOT regulations, 2
C.F.R. part 1200, and (2) If the Recipient suspends, debars, or takes any similar action against a Third Party Participant
or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in
which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an
FTA Headquarters Office, or (c) FTA Chief Counsel.
Contracts Involving Federal Privacy Act Requirements
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so
that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except
micro -purchases.
The following requirements apply to the Contractor and its employees that administer any system of records on
behalf of the Federal Government under any contract:
The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions
and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor
agrees to obtain the express consent of the Federal Government before the Contractor or its employees
Civil Rights Requirements
The following requirements apply to the underlying contract:
The City understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow
applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless The
City or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights
statute, FTA requires compliance with that civil rights statute, including compliance with equity in service:
a. Nondiscrimination in Federal Public Transportation Programs. The contractor agrees to comply with Federal transit
law, 49 U.S.C. § 5332 (FTA's "Nondiscrimination" statute): (1) FTA's "Nondiscrimination" statute prohibits
discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex, (f) Disability, or (g) Age, and
(2) The FTA "Nondiscrimination" statute's prohibition against discrimination includes: (a) Exclusion from participation,
(b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity,
(3) Except as FTA determines otherwise in writing: (a) General. Follow: 1 The most recent edition of FTA Circular 4702.1,
"Title VI Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with
applicable Federal laws, regulations, and guidance, and other applicable Federal guidance that may be issued.
W.
b. Nondiscrimination —Title VI of the Civil Rights Act. The Contractor agrees to: (1)Prohibit discrimination based on: (a)
Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§ 2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. part 21, and (c) Federal transit law,
specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing,
follow: (a) The most recent edition of FTA Circular 4702.1, "Title VI and Title VI -Dependent Guidelines for Federal Transit
Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S.
DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3, and (c) Other applicable
Federal guidance that may be issued.
c. Equal Employment Opportunity. The Contractor agrees to, prohibit discrimination on the basis of race, color, religion,
sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq., (b) Facilitate compliance with Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,"42
U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d)
Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations
prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing,
(2) General. The contractor agrees to: (a) Ensure that applicants for employment are employed and employees are
treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability,
6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2
Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including
apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII
of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". (3) Equal
Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking
"construction" as recognized by the U.S. Department of Labor (U.S. DOL), the contractor agrees to comply, with: (a)
U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor," 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42
U.S.C.
§ 2000e note,
d. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to
facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned
and controlled by socially and economically disadvantaged individuals, also referred to as "Disadvantaged Business
Enterprises" (DBEs), in the Project as follows: 1) Requirements. The Recipient agrees to comply with: (a) Section 1101(b)
of MAP-21, 23 U.S.C. § 101 note, (b) U.S. DOT regulations, "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R. § 26.13(a), (b)
DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime
third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements
of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal, (c)
Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit
vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle
procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, (d) the Recipient provides
assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R.
part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination
in the award and administration of DOT -assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part
26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the
Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under
49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the
W
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq.,
(2) Exception for the Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business Enterprise
regulations at 49 C.F.R. part 26 under MAP-21 and previous legislation,
e. Nondiscrimination on the Basis of Sex. The contractor agrees to comply with Federal prohibitions against
discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C.
§ 1681 et seq., (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as
stated in section a,
f. Nondiscrimination on the Basis of Age. The contractor agrees to comply with Federal prohibitions against
discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-
634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC)
regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, which implements the ADEA, (3) The Age
Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on
the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human
Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial
Assistance," 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and (5) Federal transit law,
specifically 49 U.S.C. § 5332, as stated in section a,
g. Nondiscrimination on the Basis of Disability. The contractor agrees to comply with the following Federal prohibitions
pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504
of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability
in the administration of federally funded programs or activities, (b) The Americans with Disabilities Act of 1990 (ADA),
as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to
individuals with disabilities, 1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While
Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of
"employer," (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically
49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable laws
and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations,
including: (a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. part 37,
(b) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance," 49 C.F.R. part 27, (c) U.S. DOT regulations, "Transportation for Individuals with
Disabilities: Passenger Vessels," 49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. part 1192 and 49 C.F.R. part 38, (e) U.S. DOJ regulations, "Nondiscrimination on the
Basis of Disability in State and Local Government Services," 28 C.F.R. part 35, (f) U.S. DOJ regulations,
"Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part
36, (g) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities," 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB
regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. part 1194, and (j) FTA
regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. part 609, and (3) Other applicable Federal
civil rights and nondiscrimination guidance,
h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The contractor agrees to comply with the
confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21
U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§
290dd — 290dd-2,
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i. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines
otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose
understanding of English is limited by following: 1) Executive Order No. 13166, "Improving Access to Services for
Persons with Limited English Proficiency," August 11, 2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, "DOT
Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg.
74087, December 14, 2005,
j. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient
agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal
guidance prohibiting discrimination.
k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be
enforced as provided in those Federal laws or Federal regulations.
Breaches and Dispute Resolution
Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided
in writing by the city's authorized representative. This decision shall be final and conclusive unless within ten (10) days
from the date of receipt of its copy, contractor mails or otherwise furnishes a written appeal to the recipient's CEO. In
connection with such appeal, contractor shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of the recipient's CEO shall be binding upon contractor and contractor shall abide by the
decision. FTA has a vested interest in the settlement of any violation of Federal law including the False Claims Act, 31
U.S.C. § 3729.
Performance During Dispute - Unless otherwise directed by the city, contractor shall continue performance under this
contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of any
act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for
damages therefore shall be made in writing to such other party within ten days after the first observance of such injury
or damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question
between the city and contractor arising out of or relating to this agreement or its breach will be decided by arbitration
if the parties mutually agree, or in a court of competent jurisdiction within the residing State.
Rights and Remedies - Duties and obligations imposed by the contract documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed
or available by law. No action or failure to act by the city or contractor shall constitute a waiver of any right or duty
afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
Disadvantaged Business Enterprise
The contractor shall not discriminate on the basis of race, color, religion, national origin or sex in the performance of
this contract. The contractor shall carry out applicable requirements of49 CFR Part 26 in the award and administration
of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
No separate contract goal has been established, for this project. The contractor is to report its DBE participation
obtained through race -neutral means throughout the period of performance, if applicable.
21
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work from the
recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage
payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily
completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance
of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the
subcontractor's work.
The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written consent of the recipient.
Prompt payment
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its
contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient. The
prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the
subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced
time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE
and non -DBE subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not
expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA
Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause
the recipient to be in violation of FTA terms and conditions.
Veterans Preference
Veterans Preference. As provided by 49 U.S.C. § 5325(k), to the extent practicable, the Recipient agrees and assures
that each of its Subrecipients:
Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to
perform construction work required under a third party contract in connection with a Capital Project supported with
federal assistance appropriated or made available for 49 U.S.C. chapter 53, and
Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a
member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
Disadvantaged Business Enterprise (DBE) Requirements
The City of Santa Clarita (City) has adopted a Disadvantaged Business Enterprise (DBE) Program, in conformance with
Title 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation (DOT)
Financial Assistance Programs."
This DOT -assisted contract is subject to these stipulated regulations and the City's DBE program, which are
incorporated in their entirety by this reference.
In the event of any conflicts or inconsistencies between the Federal Regulations and the City's DBE Program with
respect to DOT -assisted contracts, the Federal Regulations must prevail.
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DBE Goal
In conformance with the City's DBE Policy and Program, the City has established a 5% DBE contract -specific goal on
this project. Bidders/Offerors are required to demonstrate DBE responsiveness towards meeting the DBE contract -
specific goal on this project to be eligible for award.
DBE Bid Submission Requirements
To be responsive, bidders must complete and submit the forms listed below with their bids or as otherwise specified
in the IFB instructions:
• "DBE Participation Commitment Form"
• Letter of Intent and Affirmation (required for each DBE firm listed on the DBE Participation Commitment
Form)
• "Bidders List"
• "DBE Good Faith Effort Form"
"DBE PARTICIPATION COMMITMENT FORM" required at time of bid
Bidders will be required to either meet or exceed the contract goal by submitting a completed "DBE Participation
Commitment" Form," or by demonstrating adequate good faith efforts were undertaken towards meeting the DBE
goal.
Failure to submit a completed and signed "Disadvantaged Business Enterprise (DBE) Participation Commitment
Form" will deem the bidder non -responsive. Bidder must submit a completed "Disadvantaged Business Enterprise
(DBE) Participation Commitment Form" even if zero DBEs are listed towards meeting the DBE contract goal.
"LETTER OF INTENT AND AFFIRMATION" required at time of bid
For each DBE proposed for this IFB, bidder must also submit a signed and dated "Letter of Intent and Affirmation",
from each DBE listed on the "DBE Participation Commitment Form," acknowledging that the DBE is participating in
the contract for the specified dollar value and scope of work listed on the "DBE Participation Commitment Form."
The dollar amount and scopes in the Letter of Intent and Affirmation, and the dollar amount and scope reflected on
the "DBE Participation Commitment Form" must match identically.
"BIDDERS LIST" required at time of bid or no later than 4:00 p.m. on the 4th business day after the City's bid due
date
The City is required to create and maintain a "Bidders List" of firms bidding or quoting on the City's DOT -assisted
contracts, for use in the City's Overall DBE goal -setting process.
The bidder must submit a "Bidders List" which will include all firms, both DBE and non -DBE, that submitted proposals,
quotes or bids to the bidder on this contract, whether or not they were actually selected for work.
"DBE GOOD FAITH EFFORT Form" required at time of bid or no later than 4:00 p.m. on the 4th business day after
the City's bid due date
The bidder must make good faith efforts to meet the DBE goal. Bidder can meet this requirement by actually meeting
the DBE goal by documenting commitments for participation from DBE firms sufficient for this purpose.
Alternatively, a bidder may submit a "Good Faith Effort Form", demonstrating that it took all necessary and
23
reasonable steps to achieve the DBE goal which, by their quantity, quality, and intensity, could reasonably be
expected to obtain sufficient DBE participation, even if the bidder was not fully successful in obtaining the
participation.
If a bidder submits a "DBE Participation Commitment Form" that does not list sufficient DBE participation to meet
the established DBE contract goal, the bidder should submit the "DBE Good Faith Effort Form" and all applicable
documentation at the time of bid or no later than 4:00 p.m. on the 2nd business day after the City's bid due date, to
demonstrate that an adequate Good Faith Effort was made to meet the established DBE contract goal.
If a bidder has met the DBE goal based on the participation of DBEs listed on the bidder's "DBE Participation
Commitment Form", submission of the "DBE Good Faith Effort Form" is not mandatory but is strongly encouraged,
as submission of Good Faith Efforts documentation can protect the bidder's eligibility for award of the contract if
the City determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at
bid submission or the bidder made a mathematical error.
Good Faith Effort Reconsideration
The City will notify in writing any bidder that it determines has not met the DBE contract goal and has not
demonstrated an adequate Good Faith Effort. The notification will include the reasons for the determination. The
bidder may request reconsideration within three business days of notification of non -responsiveness. The
reconsideration process will be facilitated by the City's Reconsideration Official, who will act as an independent,
impartial party and will not have been involved in the initial Good Faith Effort evaluation.
As part of the reconsideration process, the bidder will have the opportunity to provide mitigating evidence as to
whether the bidder met the DBE contract goal or made an adequate GFE to do so as set forth in the solicitation.
After the reconsideration hearing, the bidder will receive the final determination within seven working days of the
hearing date. The result of the reconsideration process is not administratively appealable to the Department of
Transportation or the City's Board of Directors.
The City of Santa Clarita's "Terms and Conditions" is found on a separate attachment in Planet Bids.
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B.
SCOPE OF WORK
Bid # TMF-19-20-09
Bus Stop Improvement Project
EVENT
Solicitation advertisement
Last day for questions
Return of bids
Contract award
Schedule of events is subject to change
DATE
October 4, 2019
October 25, 2019
November 4, 2019
December 10, 2019
THIS PROJECT IS FEDERALLY FUNDED. The City of Santa Clarita (City) is soliciting bids for a bus stop
improvement program that will include the following:
1. Procure pre -manufactured (furniture) bus shelters, ready to install products. The project will
consist of procuring the following; with options to procure additional furniture.
• 13 bus shelters
• 23 Solar light fixtures
2. Install bus shelters, benches, and trash receptacles pre -manufactured, (furniture) with ready to
install products. Install stand-alone solar -powered lights at bus stops. All benches and trash
receptacles are stored in spare inventory, located at 28250 Constellation Road, Santa Clarita,
CA, 91355 (Exhibit A for map location)
*NOTE* Installations of bus shelters will require contractor to move and transport with help of a
crane, Contractor shall also submit a Traffic Control Plan to be reviewed and approved by our
Traffic Department for lane closures while furniture is removed and replaced.
• 13 bus shelters
• 22 six foot benches
• 2 eight foot benches
• 16 trash receptacles
• 19 Solar light fixtures
3. Remove existing furniture from bus stop locations (described in Exhibit A) and transport them to
the Santa Clarita Transit Maintenance Facility (28250 Constellation Rd., Santa Clarita, CA 91355).
Furniture to be removed consists of: 10 bus shelters, 18 six foot benches, 2 eight foot benches
and 16 trash receptacles.
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4. An additional alternate may be added for additional furniture, if needed.
FURNITURE STANDARDS
Generally, the Scope of Work to be performed includes removal and installation of new bus stop
furniture. See the project drawings in Exhibit B for a more detailed description of furniture
specifications. All pre -manufactured (furniture) should be powder coating color in RAL 9017 Traffic
Black.
GENERAL WORK TO BE PERFORMED
1) REMOVE BENCH/ TRASH CAN RETURN TO YARD
a. Scope
The scope of work under this bid item shall include removal and transportation of existing bench
and/or trash can to City Yard.
B. Measurement and Payment
Removal and transportation of existing bench shall be paid for at the contract unit price bid for
Each bench removed price paid for "REMOVE BENCH RETURN TO YARD" and shall include all
labor, materials, equipment, and incidentals necessary to complete the work and no additional
compensation shall be made therefore.
Removal and transportation of existing trash can shall be paid for at the contract unit price bid
for Each bench removed price paid for "REMOVE TRASH CAN RETURN TO YARD" and shall include
all labor, materials, equipment, and incidentals necessary to complete the work and no additional
compensation shall be made therefore.
RELOCATE EXISTING SHELTER/ BENCH/ TRASH CAN
A. Scope
The scope of work under this bid item shall include the relocation and installation of the existing
shelter, bench, and/or trash can to a new location as indicated on the plans. CONTRACTOR's
attention is directed to Exhibit B of these Special Provisions for specifications for the installation
of shelters, benches, and trash cans.
B. Measurement and Payment
Relocation and installation of existing shelter shall be paid for at the contract unit price bid for
Each bench removed price paid for "RELOCATE EXISTING SHELTER" and shall include all labor,
materials, equipment, and incidentals necessary to complete the work and no additional
compensation shall be made therefore.
Relocation and installation of existing bench shall be paid for at the contract unit price bid for
Each bench removed price paid for "RELOCATE EXISTING BENCH" and shall include all labor,
26
materials, equipment, and incidentals necessary to complete the work and no additional
compensation shall be made therefore.
Relocation and installation of existing trash can shall be paid for at the contract unit price bid for
each bench removed price paid for "RELOCATE EXISTING TRASH CAN" and shall include all labor,
materials, equipment, and incidentals necessary to complete the work and no additional
compensation shall be made therefore.
INSTALL NEW V/8' BUS STOP BENCHES
A. Scope
The scope of work under this bid item shall include furnishing and installing a bus stop bench at
locations shown on plans and as required in these Special Provisions. CONTRACTOR's attention
is directed to Exhibit B of these Special Provisions for specifications for the bus stop bench, or
approved equal.
B. Measurement and Payment
Furnishing and installing of bus stop bench shall be measured and paid for at the contract unit
price per Each price paid for "INSTALL NEW V/8' BUS STOP BENCHES" and shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing
all the work complete in place as shown on the plans.
INSTALL NEW BUS STOP SHELTER
A. Scope
The scope of work under this bid item shall include furnishing and installing a prefabricated bus
shelter at locations shown on plans and as required in these Special Provisions. CONTRACTOR's
attention is directed to Exhibit B of these Special Provisions for specifications for the bus shelter,
or approved equal.
RECYCLING OF OLD BUS STOP SHELTERS
Contractor shall recycle all bus stop shelters removed from bus stops and transport them to a
recycling facility and recycle material. Contractor shall provide all receipts of recycled material no
later than 10 business days upon drop off of shelters at recycling facility.
SPECIFICATIONS TWO (2) DEVELEPOR SHELTERS
The scope of the work under this bid item shall consist of Contractor accessing and fixing and or
making any recommendations to fix the roof and drainage system that is currently in non -
operating condition. Contractor shall provide all labor, materials, tools, equipment needed for the
scope of work. The following is a scope of what these bus shelters need. Contractor shall remove
existing standing metal roof assembly, inspect for any wood damage and install 1 later of
CertainTeed SA Nail Base over the entire roof assembly. Contractor shall install 1 layer of Certain
27
Teed SA Base Sheet over the entire roof assembly and roll into place. Contractor shall install a 22
Gage Edge metal Cleat. Contractor shall fabricate and install a 24 gage Kynar Coated edge metal
locked into cleat metal. Contractor shall then apply an asphalt based primer to all sheet metal
flashings. Contractor shall install 1 layer of CertainTeed SA FR Modified Cap Sheet over entire roof
assembly and roll into place.
B. Measurement and Payment
Furnishing and installing of bus shelter shall be measured and paid for at the contract unit price
per Each price paid for "INSTALL NEW BUS STOP SHELTER" and shall include full compensation
for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work
complete in place as shown on the plans.
INSTALL NEW BUS STOP TRASH CANS
A. Scope
The scope of work under this bid item shall include furnishing and installing a bus stop trash cans
at locations shown on plans and as required in these Special Provisions. CONTRACTOR's attention
is directed to Exhibit B of these Special Provisions for specifications for the bus stop trash
receptacles, or approved equal.
B. Measurement and Payment
Furnishing and installing of bus stop trash cans shall be measured and paid for at the contract unit
price per Each price paid for "INSTALL NEW BUS STOP TRASH CANS" and shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing
all the work complete in place as shown on the plans.
INSTALL NEW STAND-ALONE SOLAR -POWERED BUS STOP LIGHTS
A. Scope
The scope of work under this bid item shall include purchasing and installation of stand-alone bus
stop solar powered light units. At locations shown on plans and as required in these Special
Provisions. CONTRACTOR's attention is directed to Exhibit C of these Special Provisions for
specifications for the bus stop solar powered light, or approved equal.
B. Measurement and Payment
Furnishing and installing of bus stop solar powered light unit shall be measured and paid for at
the contract unit price per Each price paid for "INSTALL NEW SOLAR POWER BUS STOP LIGHT
FIXTURE" and shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work complete in place as shown on the plans.
LOCATION OF WORK
ME
All stops are located in the City of Santa Clarita. Exact locations are shown in Exhibit A.
TIME OF COMPLETION
The CONTRACTOR shall complete all work in every detail within one hundred and fifty (150) working
days after the date stated in the Notice to Proceed with Work.
LIQUIDATED DAMAGES
Contractor shall pay $100 per day, per item not installed by the end of the completion date. Completion
date shall be stated in the Notice to Proceed with work.
NOTIFICATION
The CONTRACTOR shall notify the AGENCY not less than (2) working days prior to start of work.
Contractor shall provide a list of bus stops to City Project Manager so bus stops can be temporarily closed
and community patrons can be notified.
Quantities of Furniture are Subject to Change. The City reserves the right to change the actual number
of furniture included in the project. Furthermore, additional items may be required before conclusion of
the project. As a result, all bidders shall include detailed and itemized price quote (with cost per unit
information) for the purchase, installation of new furniture, and the removal, and disposal of existing
furniture.
Any and all additional purchases shall be based on the unit price to be guaranteed by the contractor for
a minimum of three (3) years from the date of the last delivery of material in the original award.
The City reserves the right to change the locations of the furniture.
The following specifications serve as minimum guidelines. However, it is the Bidder's responsibility to
ensure the project is in full compliance as required with the Federal Transit Administration (FTA),
Transportation Development Act (TDA) and Americans with Disability Act (ADA) requirements. FTA
provisions include, but are not limited to, the standard federal clauses in Bidder packet. The furniture
must also be structurally sound in accordance with the International Building Code.
Bidder has, by investigation of the site of the work and otherwise, understands the nature and location
of the work and has fully informed the City as to all conditions and matters, which can in any way affect
the work or cost thereof.
A. Project Management
The bidder shall be responsible for setting up a timeline to complete the project within 15 days
of project award. The contractor will be expected to provide supervisory assistance during
fabrication and installation of shelters, benches and trash receptacles. The contractor shall
provide management during the course of the work to include, but not be limited to,
coordination of all relevant activities, general consulting, permit application preparation and
submittal, notification to adjacent property owners where the impacted bus stops are located,
coordination and facilitation with and between relevant City departments and other
29
stakeholders, and other tasks necessary for the successful implementation of the project. Since
Federal Transportation Administration (FTA) dollars are being used in this project, Contractor
shall ensure that the project will be in compliance with all FTA rules and regulations and shall
assist in providing all necessary information and documentation for invoicing and grant
management purposes.
Contractor shall assign a Project Manager (Contractor Project Manager) to
implement, manage, facilitate, and coordinate all aspects of the Project and other
tasks as necessary to implement the Project. Contractor Project Manager shall
be the point of contact for all project -related issues and communications and
shall provide regular project status update to City's Project Manager. Regular
meetings between Contractor and City shall be held to ensure the Project is
being implemented per schedule and all project -related issues are resolved.
EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the CONTRACTOR and SUBCONTRACTORS shall be
filed with the City.
TRAFFIC CONTROL
A. Scope
Contractor shall prepare a traffic control plan and detour route for pedestrian accessibility (THE
PLAN) if the existing pedestrian path of travel will be impacted with the proposed improvements.
THE PLAN shall be submitted to the City's Project Manager for approval at least two week prior
to the start of the construction.
Traffic control shall be provided in accordance with the WATCH manual orthe MUTCD. Contractor
shall provide electronic message board (1) and the location of a message board shall be included
in the traffic control plan.
The contract lump sum price paid for traffic control system (including THE PLAN and one
electronic message board), shall include full compensation for furnishing all labor, materials,
tools, any relocation or adjustment or removal of traffic control signs and/or an electronic
message board if requested by the City Traffic Engineer during the course of construction,
equipment, and incidentals and for doing all the work involved in traffic control system.
Work to be performed under this Section covers all labor, materials, tools, equipment,
transportation and incidentals necessary to maintain and control all pedestrian and vehicular
traffic through the construction site. In addition, this work shall include all work as outlined in
Section 7-10 "Public Convenience and Safety" of the Greenbook Standard Specifications and these
Contract Documents.
B. Materials and Method
All such work shall conform to the aoolicable provisions of the Greenbook Standard
30
Specifications and these Special Provisions.
The criteria for controlling traffic movements in the work areas are contained in "A Guide to
Temporary Traffic Control in Work Zones", 4t" Edition, published by the American Traffic Safety
Services Association (ATSSA). The manual prescribes MINIMUM standards for the application of
uniform traffic control devices such as traffic cones, barricades, regulatory signs, warning signs
and guide signs.
The CONTRACTOR shall have at the worksite a copy of The Manual on Uniform Traffic Control
Devices (MUTCD), 2012 Edition and the 2012 California Supplement to the MUTCD and shall
comply with its provisions.
TRAFFIC MAINTENANCE
The CONTRACTOR shall be responsible for handling vehicular and pedestrian traffic in accordance
with Subsection 7-10 of the Greenbook Standard Specifications and these Special Provisions.
Vehicular traffic must be maintained at all times to all businesses and residences, except as noted
below.
The CONTRACTOR shall notify the CITY'S PROJECT MANAGER of his intention to begin work at
least two (2) working days before starting any work at each street location.
The CONTRACTOR shall cooperate with the CITY'S PROJECT MANAGER relative to handling traffic
through the areas and shall make his own arrangements relative to keeping the working area clear
of parked vehicles and to clear access to driveways.
CONTRACTOR's equipment and personal vehicles of the CONTRACTOR's employees shall not be
parked on the traveled way nor on any street where traffic is restricted at anytime. If construction
equipment is parked in the parking lanes overnight, barricades and other suitable warning devices
shall be required.
PORTABLE DELINEATORS
Portable delineators shall be either cones or tubular markers.
Delineators to be used at night or in low light conditions shall be reflectorized. The minimum
height of either cones or tubular markers shall be 37 inches above the road surface.
All portable delineators shall comply with the current version of the Caltrans Traffic Manual.
The portable delineators shall be spaced as necessary for proper delineation; however, in no case
shall the spacing between portable delineators exceed 50 feet on tangents or 25 feet on curves.
C. Measurement and Payment
Full compensation for conforming to the provisions in this section shall be considered as included
in the Lump Sum price paid for "TRAFFIC CONTROL", and shall include full compensation for
furnishing all labor, materials, tools and equipment necessary to complete the specified work
involved and no additional compensation will be allowed therefore. The above contract price and
payment shall include all costs for installation and maintenance of traffic control and temporary
31
signing and striping if necessary, including flagmen, signing barricades, temporary pavement or
steel plates and temporary facilities required for the safe handling of pedestrian and vehicular
traffic for 24 hours per calendar day for the duration of the Work. No additional compensation
will be allowed.
Traffic control shall be per California MUTCD, 2012. The lump sum price paid for Traffic Control.
32
B.
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA
AND
FOR
SAMPLE CONTRACT
THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF
SANTA CLARITA, a general law city and municipal corporation ("CITY") and
("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set
forth in the attached Exhibit " ," which is incorporated by reference, for
CONTRACTOR's services. CITY will pay such amount promptly, but not later
than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from , to The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit " "
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required of
CONTRACTOR by this Agreement.
33
C. CONTRACTOR guarantees each portion of the services as installed against
defective materials and workmanship for a period of one (1) year from date of
CITY's written acceptance of the work. Promptly upon CITY's request within
that one (1) year period, CONTRACTOR agrees to correct by repair or
replacement without charge to CITY any defects which may appear in the work or
any portion thereof. Notwithstanding the foregoing, all guarantees and warranties
obtained by CONTRACTOR from manufacturers and vendors of equipment used
in the performance of the services shall be extended to CITY's benefit for the full
limit of their terms.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code
§§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's
responsibility to interpret and implement any prevailing wage requirements and
CONTRACTOR agrees to pay any penalty or civil damages resulting from a
violation of the prevailing wage laws and to indemnify, defend, and hold harmless
CITY as against any claim, demand, or imposition of penalties, interest, or damages
of any kind arising out of Labor Code § 1726, § 1771.6, or any other provision of
the California Prevailing Wage Law. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of California Prevailing
Wage Determination atwww.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate
of per diem wages must be posted at the job site.
B. If this contract is subject to state prevailing wage requirements of the California
Labor Code including Sections 1770 and 1773, then it is also subject to the City's
California Department of Industrial Relations (DIR) approved Labor Compliance
Program. All covered work classifications required in performance of this
contract will be subject to prevailing wage provisions. The Contractors and its
subcontractors shall pay not less than the state wage rates and shall further adhere
to the requirements contained in the City of Santa Clarita's Labor Compliance
Program. A copy of the Labor Compliance Program is available for review upon
request at the Office of the City Clerk. All pertinent state statutes and regulations,
including, but not limited to those referred to in this contract and in the City's
Labor Compliance Program, are incorporated herein as though set forth in their
entirety. Additionally, the Contractor is responsible for obtaining a current
edition of all applicable state statutes and regulations and adhering to the latest
editions of such.
This Work is subject to compliance monitoring and enforcement by the Department
34
of Industrial Relations. No prime contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor
or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5. The Contractor will be required to post job site notices
as described in 8 California Code of Regulation section 16451(d).
C. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act
(INA), which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (I-9). The Contractor
shall establish appropriate procedures and controls so no services or products under
the Contract Documents will be performed or manufactured by any worker who is
not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has:
Thoroughly investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
35
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined since)
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies of
policies as may be reasonably required by City from time to time. Insurance must
be placed with insurers with a current A.M. Best Company Rating equivalent to at
least a Rating of "ARIL" Certificate(s) must reflect that the insurer will provide
thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require
its insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
and to delete the word "endeavor" with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate. In the alternative, should
CONTRACTOR fail to meet any of the insurance requirements under this
36
agreement, City may cancel the Agreement immediately with no penalty.
F. Should Contractor's insurance required by this Agreement be cancelled at any point
prior to expiration of the policy, CONTRACTOR must notify City within 24 hours
of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain
replacement coverage that meets all contractual requirements within 10 days of the
brior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that
there is no lapse in coverage.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should
CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising
out of performance by CONTRACTOR of services rendered pursuant to this Agreement,
CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and
37
will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or
costs incurred in defense otherwise.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR
will act as an independent contractor and will have control of all work and the manner in which is
it performed. CONTRACTOR will be free to contract for similar service to be performed for other
employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY
provides for its employees. Any provision in this Agreement that may appear to give CITY the
right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of
control over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail will
be addressed as follows:
To CITY: City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR:
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to
be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character, nor will it be deemed to constitute a continuing waiver.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or against
either parry.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon
approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon
CITY until executed by the City Manager. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written agreement.
CITY's City Manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a parry is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the same
effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
21. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will immediately
terminate without obligation of either party to the other.
22. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there
are additional terms and conditions contained in Exhibit " " that are not in conflict with this
Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
39
23. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
24. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties
agree that this Agreement may be transmitted and signed by electronic mail by either/any or
both/all Parties, and that such signatures shall have the same force and effect as original
signatures, in accordance with California Government Code section 16.5 and Civil Code section
1633.7.
25. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION. At the time
of contract execution, Contractor committed to utilize Disadvantaged
("DBE") in the performance of this DOT -assisted contract, and fu�
DBE subcontractors listed on the "DBE Participation Commitme
perform work and/or supply materials in accordance with original coi
otherwise directed and/or approved by City prior to Contractor effects
race -conscious DBE participation commitment(s). Contrtox shall cc
requirements set forth in Attachment "X" titled "DBE CONTRACT PI VISIONS FOR DOT -
ASSISTED CONTRACTS WITH DISADVANTAGED'BUST "ESS!ENTERPRISE (DBE)
and made a part of this
GOALS" which is attached to and, by this
Agreement
26. DISADVANTAGED BUSINESS
APPLICABILITY. In accordancea
Department of Transportation (U.
Disadvantaged Business Enterprise (D
"Participation by Disa(
Assistance Programs."
This DOT -assisted project is
which are hereby `incorporat
achieves its overall';DBL F'r
DBEs as defined in 49 CFR
U.S. DOT funds.
Busines
Enterprise(s)
to ensure that any
bit A," will
t��;unless
y changes to its
th all the
) POLICY AND
inmcial assistance agreements with the U.S.
ty bf Santa Clarita (City) has adopted a
im, in conformance with Title 49 CFR Part 26,
rises in Department of Transportation Financial
iject to 'these stipulated regulations and the City's DBE program,
tt;.their entirety by this reference. In order to ensure that the City
im goals and objectives, the City encourages the participation of
in the performance of contracts financed in whole or in part with
It is Contractor's responsibility to be fully informed regarding the requirements of 49 CFR, Part
26 and City's DBE program. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime Contractor, subcontractor, subconsultant, joint
venture partner, as a vendor of material or supplies, or as a trucking company.
.N
C. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55 that is, a
DBE firm must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work.
D. Contractor must not claim DBE participation as attained until the amount to be claimed is
paid and fully adheres to DBE crediting provisions.
E. Contractor must complete and submit all required DBE documentation to effectively
capture all DBE utilization on City's DOT -assisted contracts whether achieved race
neutrally or race consciously. No changes to Contractor's DBE Commitment shall be
made until proper protocols for review and approval of the City are rendered in writing.
F. Take appropriate actions to ensure that it will satisfy good f�#,th efforts to meet the DBE
contract goal and continue to meet the DBE commitment(s)"'comnlJfted to at award, when
change orders or other contract modifications alter the dollar Mn¢unt of e contract or
the distribution of work. Contractor must apply and,/report its DIE go commitments
against the total current contract value, includin$,� contract chap orders and/or
amendments.
Any terms used in this section that are �!efined 49 CFR- Part 26, or elsewhere in the
Regulations, must have the meaning set foiikln the eulations. In the event of any conflicts
or inconsistencies between the Regulations kri e 00 ,V DBE Program with respect to DOT -
assisted contracts, the Regulations, WIlystprevail.
A. DBE Policy Implementation
Pursuant to the provisions asgeciate with federal regulation 49 CFR, Part 26, the Disadvantaged
Business Enterprise DBE) pie tam exists to ensure participation, equitable competition, and
assistance to participants in the "U.S. DOT DBE program. Accordingly, based on City's analysis
of its past utilization dat,pledwith its examination of similar Agencies' Disparity Studies and
recent Goal Methodology findings, City's DBE program is implemented utilizing both race -
conscious and race -neutral, means. When a contract -specific DBE goal is assigned to a project,
meeting the contract -specific goal by committing to utilize DBEs or documenting a bona fide good
faith effort to do so, is a condition of award.
B. Contractor's Assurance Clause Regarding Non -Discrimination
Contractor shall ensure that the following clause is placed in every Subcontract agreement:
"The Contractor shall not discriminate on the basis of race, color, national origin, or sex in
41
the performance of this Contract. The Contractor shall carry out applicable requirements
of federal law. Failure by the Contractor to carry out these requirements is a material breach
of this Contract, which may result in the termination of this Contract or such other remedy
as the City deems appropriate."
C. DBE Goal and Contractor DBE Commitment
The City establishes contract -specific DBE goals to meet any portion of the City's Overall DBE
Goal that the City does not project being able to meet using race -neutral means. The City
establishes contract -specific goals only on those DOT -assisted contracts that have subcontracting
opportunities.
The City may establish a DBE contract goal that is higher or lower an its overall goal, depending
on such factors as the type of work involved, the location of the w r nd/be availability of DBEs
for the work of the particular contract.
The City established a 5% DBE contract -specific
committed to 5% DBE participation. The Cc
responsiveness towards meeting the 5% DBE c7/47/`
DBE commitments.
Contractor agrees to ensure that any I
Commitment Form" will perform work
commitments, unless otherwise dire 4 and/
any changes to its DBE participati ri' 411n t
this project and the Contractor has
is, required to demonstrate DBE
c oalri this project as well as their
,tor listed on the "DBE Participation
'Materials in accordance with original
by City prior to Contractor effectuating
The Contractor must demonstrate respons%engss to meeting the DBE goal throughout the life of
the project. The Contractor's DRE/,clommittrient shall be evaluated by dividing the value of DBE
commitments (executed subcoritr, A`s cdr,/ C rchase orders) by the Contractor's total contract value.
DBE utilization or,PF E,attain nt will, be evaluated by dividing the dollars paid to DBE firms by
the Contractor's urrent contracti;:v„alue. The Contractor must notify the City in a timely manner
and in writing, of 6/planned DBE participation or problems anticipated in attaining the
DBE goal. In accordance with the City's DBE Program, the Contractor must include satisfactory
evidence good faith eff ts- ere undertaken and must specify additional good faith efforts planned
to remedy any shortfall towards meeting the project DBE goal.
If there is a change order to a contract on which there is a DBE contract goal, then that contract
goal applies to the total contract value, inclusive of all change orders. This is true regardless of
whether the City or the Contractor initiates the change order.
D. DBE Eligibility and Commercially Useful Function Standards
A DBE must be certified at the time of proposal submission:
42
1. The City requires all DBEs listed for participation to be DBE certified by a
California Unified Certification Program (CUCP) certifying member agency. The
City is a non -certifying member agency of the CUCP. Therefore, the City will
accept DBE certifications from member agencies which certify the eligibility of
DBEs in accordance with 49 CFR Part 26.81, under the CUCP.
2. It is the responsibility of the Contractor to verify the DBE certification status of all
listed DBEs prior to listing the firm as a DBE participant.
3. It is also the responsibility of the Contractor to ensure t 4t;each DBE is certified in
the NAICS code that corresponds to the DBE's cony/dot scope of work. The City's
evaluation of the "Disadvantaged Business Enterp, ,(D T articipation Listing"
form requires DBEs to be certified for the scope 494 in accordance with the
regulatory requirements.
4. A DBE may participate as a Prime ontr ptor, plc /*'ractor, subcontractor, joint
venture partner with a Prime or Stntrator, ven�or of material or supplies, or as
a trucking company.
5. A DBE joint vent
work, or clearly
performing, managing arti
joint venture partner must
risks and profits oft ; 00
zE`='he responsible for specific contract items of
ions/; thereof. Responsibility means actually
`rising the work with its own forces. The DBE
in the capital contribution, control, management,
ire commensurate with its ownership interest.
6. Thy use of joint -"checks for DBE firms must be approved by the City prior to
exeivutiaand alaiiit-check agreement must accompany the request to City.
7. A DBE � perform a commercially useful function in accordance with 49 CFR
26.55 (i.e., must be responsible for the execution of a distinct element of the work
and must carry out its responsibility by actually performing, managing and
supervising the work). A DBE should perform at least thirty percent (30%) of the
total cost of its contract with its own workforce to presume it is performing a
commercially useful function. A DBE does not perform a commercially useful
function if its role is limited to that of an extra participant in a transaction, contract,
or project through which funds are passed in order to obtain the appearance of DBE
participation.
43
E. DBE Crediting Provisions
Credit for DBE participation is determined according to the following provisions:
A. When a DBE is proposed to participate in the Contract, either as a prime Contractor or
subcontractor, at any tier, only the value of the work proposed to be performed by the DBE
with its own forces may be counted toward DBE participation.
B. If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in
the joint venture shall be counted.
C. If a DBE intends to subcontract part of the work of subcontract to a lower tier
subcontractor, the value of the subcontracted work, b/j ec6unted toward DBE
participation only if the DBE subcontractor is a certified DBt jnd actuailly performs the
work with its own forces. Services subcontracted a non -DBE firm 4,hay not be credited
toward the Contractor's DBE attainment.
D. Contractor is to calculate and credit parti atidn by eli ble/T3BE vendors of equipment,
materials, and suppliers toward DBE atta'ffdlnent, s follow``
i
1. Sixty percent (60%) of exo ture( ;for ,equipment, materials, and supplies
required under the Contract, obta[1 from a regular dealer; or
2. One hundred perc&fit (1'O/O%) Af expenditure(s) for equipment, materials, and
supplies required under the CdY ct, obtained from a DBE manufacturer.
The following types '6f fees or com fissions paid to DBE subcontractors, brokers, and
packagers may be crediated,w DBE attainment, provided that the fee or commission is
reasonable,/not excdg§five, as/compared with fees or commissions customarily allowed
for similat"work, including:,
1. Fee s"aria commissions charged for providing bona fide professional or technical
services,,oxpfocurement of essential personnel, facilities, equipment, materials, or
supplies required in the performance of the Contract;
2. Fees charged for delivery of material and supplies (excluding the cost of materials
or supplies themselves) when the licensed hauler, trucker, or delivery service is not
also the manufacturer of, or a regular dealer in, the material and supplies;
3. Fees and commissions charged for providing any insurance specifically required in
the performance of the Contract.
Contractor may count the participation of DBE trucking companies toward DBE
attainment, as follows:
1. The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible on a particular Contract.
2. The DBE must itself own and operate at least one fully licensed, insured, and
operational truck used on the Contract.
3. The DBE receives credit for the total value of the transportation services it provides
on the Contract using trucks it owns, insures, and operates using drivers it employs.
//// ,,,,
4. The DBE may lease trucks from another DBE firm chiding an owner -operator
who is certified as a DBE. The DBE who leases i s frot ;, nother DBE receives
credit for the total value of the transportation service tl e, essee DBE provides on
the Contract.
5. The DBE may also lease trucks from a non CBE firm, including an owner -operator.
The DBE who leases trucks from a n n;E r entitle �fl credit only for the fee or
commission it receives as a resu �f the;1ease art g meat. The DBE does not
receive credit for the total value of theme transportation services provided by the
lessee, since these services ark of pr ed by a DBE.
6. The DBE may lease trucks withortt`iI'll ivers, from a non -DBE truck leasing company
and if the DBE uses/1 ,M P emp/Ioyeek; drivers, it is entitled to credit for the total
value of these hauling 3ervie6E 1
7. For purposes 'b dais paragraph° a lease must indicate that the DBE has exclusive
use of and control '� ver the/Itruck. This does not preclude the leased truck from
working, for oth6rs�//durin'ikihe term of the lease with the consent of the DBE, so long
as 6 Tease gives the DBE absolute priority for use of the leased truck. Leased
treks m idi Dlav-4he name and identification number of the DBE.
If the Contractor listeda non -certified DBE 1 st tier subcontractor to perform work on this
Contract, and t' on -certified DBE subcontractor subcontracts a part of its work or
purchases materials and/or supplies from a lower -tier DBE certified subcontractor or
Vendor, the value of work performed by the lower -tier DBE brm's own forces can be
counted toward DBE participation on the Contract.
The Contractor is advised not to count the participation of DBEs toward the Contractor's
DBE attainment until the amount being counted has been paid to the DBE.
F. DBE "FRAUDS" AND "FRONTS"
45
Only legitimate DBEs are eligible to participate as DBEs in the City's federally -assisted contracts.
Contractor is cautioned against knowingly and willfully using "fronts." The use of "fronts" and
"pass through" subcontracts to non -disadvantaged firms constitute criminal violations. Further,
any indication of fraud, waste, abuse or mismanagement of Federal funds should be immediately
reported to the Office of Inspector General (OIG), U.S. Department of Transportation, via the
online hotline at hLtps://www.oig.dot.gov/hotline, toll -free hotline at 800-424-9071, email at
hotline(a�oi _g dot. gov or U.S. mail at DOT Inspector General 1200 New Jersey Ave SE West Bldg.
7'h Floor, Washington, DC 20590. The hotline is open 24 hours per day, seven days per week.
I. SUBMISSION OF DBE INFORMATION AND ON -GOING REPORTING
REQUIREMENTS (POST -AWARD)
If there is a DBE goal and/or DBE commitment on the contract Con", for must complete and submit
the followingDBE exhibits forms electronically through a Ci E-xcYved electronic reporting
(forms), y g ty=p g
system consistent with Contractor DBE Goal Commitment w/jthin the sp66ff(ed �jffielines:
A. "Monthly DBE Subcontractor Cc
Payment Verification " (Form 103)
Report Summary and
The purpose of this form is to ensue ontradto17 DBE commitments are attained, properly
reported and credited in accordanc6 v4% th DBE ere'diting provisions based on the capacity
the DBE performs the sc e of wark/s�c."This form further serves to collect DBE
utilization data required,under R Pad 26.
Contractor is requa to complete,id submit a Form 103 to the City by the 15t' of each
month until completionthe::"contract. The Contractor must submit its first Form 103
followi Ilae first rti0th o contract activity. Even if no DBE participation will be
report&d within a peri6d, Contractor must execute and return the form.
The Form 103 must include the following information:
1. General Contract Information — Including Contract Number and Name, Contractor
and the following:
a) Original Contract Amount
b) Running Total of Change Order Amount
c) Current Contract Amount
d) Amount Paid to Contractor during Month
e) Date of Last Progress Payment
.e
f) Amount Paid to Contractor from Inception to Date
g) DBE Contract Goal
h) Original DBE Commitment %
i) Total Dollar Amount of DBE Commitment
j) DBE Commitment as Percentage of Current Contract Amount
2. Listed and Contractor/Subcontractor Information — For All DBE participation being
claimed either Race Neutrally or Race Consciously, regardless of tier:
3.
a) Name of each DBE Subcontractor
b) General work assignment of each DBE Subc fitractor
c) The specific portion of work executed byi ph D�;Subcontractor during
the reporting period
A
d) The dollars committed to each D / Subcontract :
e) The dollar value committed to later -tier subcontractors under each listed
DBE
f) The dollars paid to eachE Strbcontraorduring the reporting period
g) The dollars paid to date fo oach DBE Subcontractor
h) The dollar value paid,to date Bower tier subcontractors under each listed
DBE,;,,,
i) The dollard to the DA,,/;,s a result of a change order or other cost
modification
j) The dollars paid "'to date as a percentage of the total commitment to each
riot'to report the participation of DBE(s) toward the Contractor's
the amount being claimed has been paid to the DBE.
of Full Compliance with Prompt Payment Provisions
Contractor to sign the prompt payment assurance statement of compliance contained
within the Monthly Form 103, providing assurance that timely payments have been
issued to all subcontractors in accordance with regulatory mandates and as required
by 49 CFR part 26.29.
4. Contractor Payment Verification Summary
Contractor is to further maintain and submit a Verification of Payment Summary,
47
C.
inclusive of a detailed running tally of related invoices submitted by DBE(s) and Non
DBE(s), including dates of invoice submission, dates accepted and corresponding
dates and amount of payments made. The Verification of Payment Summary must
also include:
DBE(s) and Non DBE(s) Invoice Number, Invoice Amount, Invoice Date,
Contractor's Invoice Number that incorporated the corresponding DBE and Non DBE
invoice(s) for billing purposes, Date of Invoice submission to City, Date and amount
City paid on Contractor's Invoice. The report must reflect a breakout of retention
withheld (including retention as specified in subcontract agreement(s) and disputed
invoice retention) and retention payments made checkhhim"er and date paid to DBE
and Non DBE.
Contractor to submit a Verification of
submission, for each DBE firm in w
within the reporting period. Verificat
the applicable DBE and submittedj*
DBE Subcontractor Agreements
Contractor must submit
t Summary wi,onthly Form 103
Contractor ha, reflected a value paid
ant S,maries must be signed by
103a;authenticate reported payments.
subcontracts and/or purchase orders
(PO) for all DBE firms p idipd on /the contract within ten (10) working days of
award. Contractor, must imm4ately notify City in writing of any problems it may have
in obtaining the subdantrct agreements from listed DBE firms within the specified time.
Monthly DBE Trucking erification" Form
Prior to�1he�theach month, Contractor must submit documentation on the "Monthly
DBE Trucking Ytrification" Form to City showing the amount paid to DBE trucking
companies. Contractor must also obtain and submit documentation to City showing the
amount paid by DBE trucking companies to all firms, including owner -operators, for the
leasing of trucks. If the DBE leases trucks from a non -DBE, Contractor may count only
the fee or commission the DBE receives as a result of the lease arrangement.
Contractor must also obtain and submit documentation to City showing the truck number,
owner's name, California Highway Patrol CA number, and if applicable, the DBE
certification number of the owner of the truck for all trucks used during that month.
D. Semi -Annual Subcontractor Paid Report Summary
E.
F.
City will require Contractor (inclusive of DBE primes) to report payment data to lower -
tiers on a semi-annual basis each year, using the "Semi -Annual Subcontractor Paid Report
Summary". These reports will capture payments to the Contractor and payments to non -
DBEs within the respective reporting period. Reported payments to lower -tiers must
include a signed payment verification form.
Contractor will adhere to the following submittal schedule:
�Oth
a "Final Report-
rs" and certified
ite reporting and
e form must be
The amount of
-d.
�d Subcontractor
a Subcontractor
ctor must notify
(Attach DBE
ocumentation to
�'M
Upon completion of the contract, the "Disadvantaged Business Enterprises (DBE)
Certification Status Change" must be signed and certified correct by Contractor indicating
the DBEs' existing certification status. If there are no changes, indicate "No Changes".
The certified form must be furnished to Contractor within 90 days from the date of
contract acceptance.
Failure to submit any of the required reporting submittals above and their support documentation
49
in a timely manner shall result in a penalty of $10 per day, per report.
City requires Contractor to maintain records and documents of payments to lower -tiers, including
DBEs, for a period of five (5) years from the date of final payment by City, unless otherwise
provided by applicable record retention requirements for Contractor's agreement, whichever is
longer. These records will be made available for inspection upon request by any authorized
representative of City. This reporting requirement extends to all lower -tiers, both DBE and non -
DBE.
City reserves the right, at its sole discretion, to demonstrate responsiveness to the requirements of
CFR 49 part 26.37 by implementing the following method(s):
a. Posting Contractor payments data to a website, dat4/bjj�c, orr place accessible to
OF
subcontractors to assist them in determining when they shoW4*pect t receive payment.
b. Requiring contractors to use an automated re" ng system, inclusive of but not limited
to real time entry of payments made and rec,eiy d b ontraY�c sand their lower -tiers.
G. Prompt Payment
The City has adopted a prompt payp,,gnt prove on all °U.S. DOT -assisted contracts to facilitate
timely payment to all subcontractors m► a with regulatory mandates. Pursuant to § 26.29,
the City will include the following clause eOT-assisted prime contract:
The prime Contractor agrees tarc;ach subcontractor under this prime contract for satisfactory
performance of its contract no zt "t�ian %seven (7) days from the receipt of each payment the prime
,,
contract receives f11,10" t City. J* prime Contractor agrees further to return retainage payments to
each subcontractor withii
30 d4lsIllafter receiving payment for work satisfactorily completed and
accepted includinhW acceptances of portions of the contract work by the City. Any delay
or postponement of paymentom the above referenced time frame may take place only for good
cause and with the City'g1,11pribr written approval.
The Contractor shall incorporate this clause verbatim, set forth above, in all subcontract, broker,
dealer, vendor, supplier or PO or other source agreements issued to both DBE and non -DBE firms.
This clause applies to both DBE and non -DBE subcontractor.
Any violation of the provisions listed above shall subject the violating contractor to the penalties,
sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions
Code. This requirement shall not be construed to limit or impair any contractual, administrative or
judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the Contractor; deficient subcontractor performance and/or
50
noncompliance by a subcontractor.
Failure to comply with this provision without prior approval from the City will constitute
noncompliance, which may result in the application of appropriate administrative sanctions,
including, but not limited to, a penalty of two percent (2%) of the invoice amount due per month, for
every month that full payment is not made.
H. Performance of DBE Subcontractors
The following requirements govern the performance of DBE subcon
A. DBEs listed by the Contractor in its "DBE Participatiop � �amm4tent" Form submitted
with the executed Contract documents shall perform the wor'and suppl} ,the materials for
which they are listed, unless the Contractor has received prior is tei //uthorization from
the City to perform the work with other forces orb pbtain the mate'ats from other sources.
B. Contractor shall provide written notificatiop/A 0 City,/in a tio,ely manner of any changes
to its anticipated DBE participation.is notice shcnc` be provided prior to the
commencement of that portion of the/Xork'''
I. Addition of DBE Fir
In the event that the Contractor identifies ,additional DBE subcontractors or suppliers not
previously identified for DBE p�rpation[ider the Contract Contractor shall notify the City by
completing and submitting a " e'eDBE Firm" form to enable the City to verify
the firm's eligibility�p city, CIF and'ensure there is not a scope conflict with another listed firm.
Proposed firms cannot be applied towards Contractor's DBE participation until approved by the
City.
Additionally, each "Req�jesffor Additional DBE Firm" form must be accompanied by a written
confirmation from the D13E acknowledging that it is participating in the Contract for a specified
value, including the corresponding scope of work.
J. DBE Substitutions, Termination and On -Going Good Faith Efforts
The City requires that the Contractor not terminate a DBE without the City's prior written consent.
This includes, but is not limited to, instances in which Contractor seeks to perform work originally
designated for a DBE with its own forces or those of an affiliate, a non -DBE firm, or with another
DBE firm.
51
The City will provide such written consent to use other forces or sources of materials, only if it
agrees, for reasons stated in the concurrence document, that Contractor has good cause to terminate
the DBE firm. For purposes of this section, good cause includes the following circumstances:
A. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
B. You stipulate a bond is a condition of executing the subcontract and the listed DBE
A
C
fails to meet your bond requirements.
Work requires a Contractors' license and listed
under Contractors License Law.
Listed DBE fails or refuses to perform the
E. Listed DBE's work is unsatis
F
Listed DBE delays or disrupts
G. Listed DBE becomes
Before transmitting to City i
notice in writing to the DBE
and/or substitute, aid` the rep
a valid license
isted materials.
with the contract.
[te and/or substitute a DBE, Contractor must give
a copy to City, of its intent to request to terminate
Contractor must five (5) days to respond to Contractor's notice and advise City and
Contractor of the reasons, ifpy, why it objects to the proposed termination of its subcontract and
why City should not apove Contractor's action. If required in a particular case as a matter of
public necessity (e.g., safety), you may provide a response period shorter than five (5) days.
In the event of an approved DBE substitution, termination or failure of a DBE to complete its
work on the contract for any reason, the DBE must be substituted with another DBE or
adequate good faith efforts must be documented by Contractor within 7 days, to the extent
needed to meet the contract -specific DBE goal. Note: 7 day period may be extended for an
additional seven days if necessary at the request of the Contractor.
52
The substitute DBE must be certified as a DBE at the time of request for substitution.
Contractor shall not be entitled to any payment for work or materials unless it is performed or
supplied by the listed DBE, unless the DBE is terminated in accordance with this section and
approved by City.
Should Contractor elect to submit good faith effort documentation in lieu of proposing
additional DBE participation City will review the documentation and provide a written
determination to Contractor stating whether or not good faith efforts have been adequately
demonstrated.
The substitute DBE cannot work on the contract until its workie 'gibijity has been confirmed
and required subcontracts, supply, trucking commitments ot,,,,services have been
approved by the City.
III. NON-COMPLIANCE AND ADMINISTRATIVE SECTION$,,
Contractor must fully comply with the DBEontr t requi*ments, including City's DBE
Program and Title 49 CFR, Part 26 "Parts pation '6f Disadvantaged Businesses in Department
of Transportation Financial Assistance Pro/g16 s" and *sure that all Subcontractors regardless
of tier are also fully compliant. Failure by Cb tractor to carry out these requirements is a
material breach of this Agreem'6nl , J;ic/h/ ay r ult in the termination of this Agreement or
such other remedy as the City deems"4ppropfiate, which may include, but is not limited to:
1. Suspension o ;p egress payMpnts to the Contractor or of any monies held by the
City as retention o� e,contract until the Contractor is brought into compliance;
2. A 21%6 �lithhold o ,applicable progress payments until the Contractor is brought into
3. Termination 9f'the contract in part or in whole.
In instances of identified non-compliance, a Cure Notice will be issued to Contractor identifying
the DBE non-compliance matter(s) and specifying the required course of action for remedy.
Contractor must be given ten (10) working days from the date of the Cure Notice to remedy or
to (1) File a written appeal accompanied with supporting documentation and/or (2) Request a
hearing with City to reconsider City's DBE determination. Failure to respond within the ten (10)
working day period must constitute a waiver of Contractor's right to appeal. If Contractor files
an appeal, City, must issue a written determination and/or set a hearing date within ten (10)
53
working days of receipt of the written appeal, as applicable. A final Determination will be issued
within ten (10) working days after the hearing, as applicable.
If, after review of Contractor's appeal, City decides to uphold the decision to impose DBE
administrative remedies on Contractor, the written determination must state the specific
remedy(ies) to be imposed.
Failure to comply with the Cure Notice and/or to remedy the identified DBE non-compliance
matter(s) is a material breach of contract and is subject to administrative remedies, including,
withholding at minimum of two percent (2%) of the invoice amoun due per month for every
month that the identified non-compliance matter(s) is not r -died. Upon satisfactory
compliance City will release all withholdings.%.
In addition to administrative remedies defined in this,°section, City,; riot precluded from
i
invoking other contractual and/or legal remedies availab„under federalState or local laws.
IV. Dispute Resolution
All contracts shall contain provisions or �� ditior�which will allow for dispute resolution
remedies in instances where Contractor `doles or breaches DBE Program requirements,
inclusive but not limited to prompt�;yment, and *°de for such sanctions and penalties as may
rrjp
be appropriate.
Contractor shall incorporate%.Section i ifb each subcontract related to work arising under this
contract and shall not incorpora [7y fi rence.
Contractor and Subcontr�ctor agree to notify City within five (5) business days of any prompt
payment and/or`rogram disputes which cannot be settled by discussions between the
parties involved.
Contractor and Subcontractor further agree to proceed through informal meetings, mediation,
arbitration, or any combination thereof as further detailed below. Dispute submittals shall include
the method(s) of dispute resolution selected, terms, timeframes and a detailed summary of
assistance being requested (as applicable).
L INFORMAL MEETINGS:
The City is available to assist the prime with coordination of informal meeting requests, to assist
54
in the resolution of disputes between Contractor and Subcontractor. City's DBELO or a
designated DBE support representative will conduct the informal meetings with parties in
dispute. Representatives from the Contractor and Subcontractor, for the purpose of dispute
resolution, must include individuals authorized to bind each interested parry. All parties must
agree to the procedure.
IL Mediation
The parties to a contract may agree to endeavor to settle a dispute through informal mediation
under independent third -parry organizations. City's DBELO and her designated support staff is
considered an independent third parry. Submission to informalration is voluntary; is not
binding and offers advisory opinions.
Performance during dispute: Unless otherwise directed by the City, Co actor and its sub tiers
A41
shall continue performance under the Contract while rrfatrs in dispute are being resolved.
III. Arbitration
Should the parties fail to resolve any DBE teltct,ed disp terdrising out of or related to the
contract via informal meetings or mediation ,the,ar ies are contractually obligated to submit
the claims for arbitration within ,T fl days,fror date"the City is notified of the dispute.
Arbitration conducted pursuant to the/co�tha11 be binding upon all parties to the
arbitration, however, the findings do nOfn anyway relieve the Contractor of its obligation to
meet a DBE goal. All arbit fio is to be o6nducted in a manner consistent with section 1020 et
seq. of the Public Contract Gode;,dton 1296 of Code of Civil Procedure.
Flow down requitem'&nts: Th&Dispute Resolution provisions flow down to all tiers.
These provisions shall not apply to disputes between the Contractor and City. These provisions
do not alter in any way ;p/r;waive compliance with other provisions in the contract agreement.
(SIGNATURES ON NEXT PAGE)
55
IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of
FOR CONTRACTOR:
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
City Manager
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
City Attorney
Date:
CORPORATION:
By:
Print Name & Title
Date:
IF
56
C.
PRICING SCHEDULE
Bid # TMF-19-20-09
Bus Stop Improvement Project
Use this form for reference ONLY. Pricing must be entered into line items section of PlanetBids. If the number
entered on this page or the total entered on page one of the bid response conflicts with what is entered on
Planetbids, the number entered on Planetbids shall govern.
2019 BUS STOP IMPROVEMENT PROJECT
Base Bid - Price Sheet
Qty
Unit
Unit Price
Total
**Shelter
5' x 13' Solar Powered Shelter*
13
EA
**Light Fixtures
PV-Stop Bright Up Light
23
EA
Construction Items
Pre -Construction Site Preparation
1
LS
Clearing and Grubbing
1
LS
Traffic Control and other construction related elements
1
LS
Mobilization/ Demobilization
1
LS
Remove bus shelter
10
EA
Transport and Recycle Old Bus Shelters
10
EA
Remove 6 foot bench
16
EA
Remove 8 foot bench
2
EA
Remove trash receptacle
13
EA
Install New Shelter
13
EA
Install New 6' Bench
22
EA
Install New 8' Bench
2
EA
Install New Trash Receptacle
16
EA
Install New PV-Stop Bright Up Light
19
EA
Other Associated Items (Please describe)
* Price includes tax and delivery to transit bus yard (28250 Constellation
Rd., Santa Clarita, Ca 91355)
NOTE -Inventory of 6 foot, 8 foot benches and trash receptacles, are
currently stored at 28250 Constellation Road, Santa Clarita, CA 91355 and
are ready for installation
** = Items to procure
57
ADDITIONAL PRICING
Bid # TMF-19-20-09
Bus Stop Improvement Project
Fill out this form completely and upload it with your bid. In the event any mathematical discrepancies are found
in the pricing forms submitted, the unit price shall govern. Do NOT include this pricing entered on PlanetBids.
Additional Items — Price Sheet
Qty
Unit
Unit Price
Total
Add Alternate 1
Additional 5' x 13' Solar Shelter*
TBD
EA
Additional Solar Power Light Units
TBD
EA
DESIGNATION OF SUBCONTRACTORS
Bid # TMF-19-20-09
Bus Stop Improvement Project
City of Santa Clarita, California
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone( )
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone( )
Subcontractor DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone( )
NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements
of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this
chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is
not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business
and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to
perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
59
REFERENCES
Bid # TMF-19-20-09
Bus Stop Improvement Project
City of Santa Clorito, California
The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER
has performed work of a similar scope and size within the past 3 years. If the scope of work/specifications
requests refrences duifferent than instructions above, the scope of work/specifications shall govern:
1.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
2.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
3.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID
Bid # TMF-19-20-09
Bus Stop Improvement Project
NOTE: The following form shall be used in case check accompanies bid.
Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita
for: dollars ($ ), this amount being not
less than ten percent (10%) of the total amount of the first contract year (365 days) of this bid. The
proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted
by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall
fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check
shall be returned to the undersigned.
Project Name: Bus Stop Improvement Project
Bidder's Signature
CONTRACTOR
Address
City, State, Zip Code
* Delete the inapplicable work.
NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The
sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.
61
PROPOSAL GUARANTEE BID BOND
Bid # TMF-19-20-09
Bus Stop Improvement Project
City of Santa Clorito, California
KNOW ALL MEN BY THESE PRESENTS that ,as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of Santa Clarita, as AGENCY, in the penal sum of
dollars ($ ), which is ten percent (10%) of the total of first contract year (365 days) amount
which is bid by BIDDER, to AGENCY for the above -stated project, for the payment of which sum, BIDDER and
SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to
AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is
awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null
and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this
day of 20_.
BIDDER
SURETY*
Subscribed and sworn to this day of 20_
NOTARY PUBLIC
*Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and
telephone number for authorized representative.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current
list (Circular 570, as amended) and be authorized to transact business in the State where the project is
located.
62
FAITHFUL PERFORMANCE BOND
Bid # TMF-19-20-09
Bus Stop Improvement Project
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that , as
CONTRACTOR, AND , as SURETY, are held and
firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of
dollars ($ ), which is one -
hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum,
CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. For service
contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial
contract term. Thereafter, the bond shall be in an amount equal to the annual value of such contract. The
term of the bond shall cover the initial contract term. Thereafter, CONTRACTOR and SURETY must submit
a new or renewed bond covering each subsequent annual renewal of the contract.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is
about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if
CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner
and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made
pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or
SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of
.20 .
CONTRACTOR*
SURETY*
Subscribed and sworn to this
NOTARY PUBLIC
day of 120.
*Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized
representative.
63
BUY AMERICA CERTIFICATION
(STEEL OR MANUFACTURED PRODUCTS)
[61 FR 6302, Feb. 16, 1996, as amended at 74 FR 30239, June 25, 2009]
General Requirement (as stated in 49 CFR 661.5)
(a) Except as provided in 49 CFR 661.7 and 49 CFR 661.11, no funds may be obligated by FTA for a
grantee project unless all iron, steel, and manufactured products used in the project are produced in the
United States.
(b) All steel and iron manufacturing processes must take place in the United States,
except metallurgical processes involving refinement of steel additives.
(c) The steel and iron requirements apply to all construction materials made primarily of steel or iron
and used in infrastructure projects such as, transit or maintenance facilities, rail lines, and bridges. These
items include, but are not limited to, structural steel or iron, steel or iron beams and columns, running rail
and contact rail. These requirements do not apply to steel or iron used as components or subcomponents
of other manufactured products or rolling stock, or to bimetallic power rail incorporating steel or iron
components.
(d) For a manufactured product to be considered produced in the United States:
(1) All of the manufacturing processes for the product must take place in the
United States; and
(2) All of the components of the product must be of U.S. origin. A component is
considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its
subcomponents.
If steel, iron, or manufactured products (as defined in 49 CFR 661.3 and 661.5) are being procured, the
appropriate certificate as set forth below shall be completed and submitted by each bidder or offeror in
accordance with the requirement contained in 49 CFR 661.13(b).
Certificate of Compliance with Buv America Reauirements.
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(1),
and the applicable regulations in 49 CFR part 661.
Company
Name Title
Signature Date
Certificate of Non -Compliance with Buy America Steel or Manufactured Products Requirements The
bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but it may
qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2), as amended, and the
applicable regulations in 49 C.F.R. 661.7.
Company
Name Title
Signature
Date
CERTIFICATION AND RESTRICTIONS ON LOBBYING
I, , hereby certify
(Name and title of official)
On behalf of
(Name of Bidder/Company Name)
that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, and officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid
to any person influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, and officer or employee of Congress, or an
employee of a Member of Congress in connection with the federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
The undersigned shall require that the language of this certification be included in
the award documents for all sub -awards at all tiers (including sub -contracts, sub -
grants and contracts under grants, loans, and cooperative agreements) and that
all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U. S. C. § 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10, 000 and not
more than $100,000 for each such failure.
The undersigned certifies or affirms the truthfulness and accuracy of the contents of the
statements submitted on or with this certification and understands that the provisions of
31 U.S. C. Section 3801, et seq., are applicable thereto.
Name of Bidder/Company Name
Type or print name
Signature of authorized representative
Signature of notary and SEAL
Date / /
65
DBE PARTICIPATION COMMITMENT FORM
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID AS A CONDITION
OF DBE RESPONSIVENESS
NOTE: Refer to instructions on the reverse side of this form.
Bidder to Complete this Section
1. IFB No.:
2. Project Name/Description:
3. Prime Bidder Name:
4. Contract DBE Goal %:
5. Bidder's Total Bid Price
Required
DBE Commitment Information
6. DBE Firm
(Name and Address)
7. DBE
Certification
Number
8. Description of Scope of
Services/Work
9. Bid Item (#)
10. Dollar Value
($) of
Participation
11. Dollar Value
($)
of Eligible DBE
Participation/
Commitment
Note: As a condition of responsiveness, the bidder is required to submit with the Bid a
Letter of Intent and Affirmation signed and dated from each DBE listed in Column 6
acknowledging that the DBE is participating in the contract for the specified dollar value
($) and scope of work. The dollar amount in the Letter of Intent and Affirmation and the
amount shown on this form MUST match identically.
12. Total Dollar Value ($) of Eligible DBE
Participation
$
13. Eligible DBE Participation Represented as a
Percentage (%) of Bidder's Total Bid Price
Bidder Assurance: The bidder certifies that information on this form is complete and accurate, that it has verified the listed DBE(s) certification status
and is only crediting eligible DBE participation towards meeting the contract DBE goal.
14. Preparer's Name (Print) 15. Preparer's Signature 16. Preparer's Title
17. Date 18. Telephone No. 19. Email Address
e
INSTRUCTIONS - DBE Participation Commitment Form
Bidder is required to ensure all information is complete and accurate:
1. IFB No. - Enter the IFB Number.
2. Project Name/Description - Enter the name and/or description of the project.
3. Prime Bidder Name - Enter the bidder's firm name.
4. Contract DBE Goal % - Enter the contract DBE goal percentage.
5. Bidder's Total Bid Price — Enter the bidder's total bid price.
6. DBE Firm — Enter name and address of the proposed DBE firm. Identify all DBE firms being claimed
for credit, regardless of tier.
7. DBE Certification Number - Enter the DBE's certification identification number. All DBEs must have
a valid DBE certification at time of bid opening.
8. Description of Scope of Services/Work — Enter the scope of services/work for each DBE firm listed
to participate on this contract.
9. Bid Item (#) - Enter bid item number.
10. Dollar Value ($) of Participation - Enter the total dollar value of participation for each listed DBE firm.
11. Dollar Value ($) of Eligible DBE Participation/Commitment - Enter the dollar value of participation
eligible to count towards meeting the contract DBE goal. This value should exclude work performed by
lower tier subcontractors and account for the DBE's capacity based on their certification type in
conformance with the DBE crediting provisions set forth in Title 49 CFR Part 26.55.
12. Total Dollar Value ($) of Eligible DBE Participation - Enter the sum of all eligible participation listed
in column 11.
13. Eligible DBE Participation Represented as a Percentage (%) of Bidder's Total Bid Price - Enter
the corresponding percentage of the total eligible DBE participation that the bidder is counting towards
the bidder's DBE goal commitment (Formula: Item (12) Total Value of Eligible DBE Participation / Item
(5) Bidder's Total Bid Price = Bidder's DBE Goal Commitment Percent (%)).
14. Preparer's Name (Print) - Clearly enter the name of the authorized person preparing the form on
behalf of the bidder.
15. Preparer's Signature - Authorized person's signature.
16. Preparer's Title - Enter the position/title of the authorized person signing the form on behalf of the
bidder.
17. Date - Enter the date the form is signed.
18. Telephone No. - Enter the area code and telephone number of the authorized person signing the form
on behalf of the bidder.
19. Email Address - Enter the email address of the authorized person signing the form on behalf of the
bidder.
NOTE: A firm is only eligible to count towards DBE participation in the NAICS codes contained
within its California Unified Certification Program (CUCP) DBE Profile. Bidders are to verify that
listed DBE's certification contains the NAICS codes relevant to the scope they are being listed to
perform.
67
LETTER OF INTENT AND AFFIRMATION TO PERFORM AS A DBE
SUBCONTRACTOR/SUPPLIER/BROKER/TRUCKER
IFB NO:
IFB TITLE:
Name of Prime bidder's firm:
Address:
City:
Name of DBE firm:
Address:
City:
Telephone:
State: Zip:
State: Zip:
Description of work to be performed by DBE firm:
The bidder is committed to utilize the above -named DBE firm for the work described above.
The dollar value of this work $
The percentage value of this work (in comparison to the total contract value) %
Affirmation
The above -named DBE firm affirms that it will perform the portion of the contract for the values
as stated above
Title
If the bidder does not receive award of the prime contract, any and all representations in this
letter of Intent and Affirmation shall be null and void.
IFB No:
DBE INFORMATION - GOOD FAITH EFFORTS
Bid Opening Date
The City of Santa Clarita (City) established a Disadvantaged Business Enterprise (DBE) goal of
for this contract. The information provided herein shows that a good faith effort was made by _
(Bidder).
Bidder shall submit the following information to document adequate good faith efforts to the City no later
than 4:00 p.m. on the 2nd business day after the City's bid due date, or as otherwise specified in the
solicitation. Bidder should submit the following information even if the "DBE Participation Commitment
Form" indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of
the contract if City determines that the bidder failed to meet the goal for various reasons, e.g., a DBE
firm was not certified at bid opening, or the bidder made a mathematical error.
Submittal of only the form may not provide sufficient documentation to demonstrate that adequate good
faith efforts were made.
The following good faith efforts items (A through H) shall be minimally performed prior to bid submission.
Bidder to complete the following items in sufficient detail to effectively demonstrate that good faith efforts
were undertaken to meet the established DBE goal:
A. Items of Work the Bidder Made Available to DBE Firms; a description of work items and approximate
dollar amounts made available to DBE firms by the bidder, value of work items as a percentage of total
contract work, breakdown of bid items or larger scopes of contract work (including those items normally
performed by the bidder with its own work forces) into economically feasible units to facilitate DBE
participation sufficient to meet the DBE contract goal. It is the bidder's responsibility to demonstrate
that sufficient work was made available to facilitate DBE participation as follows (Provide documents
that sufficiently evidence the efforts detailed below):
Description of Work Item
Bidder
Normally
Performs (Y/N)
Unbundled from
If Yes, List Scope Larger Scope (Y/N)
and/or Bid Item (#)
Amount ($)
Percentage of Contract
• •
B. Solicitation Effort Documentation; the names and dates of notices sent to certified DBEs soliciting bids
for this project and the dates and methods used to following up initial solicitations to determine with
certainty whether the DBEs were interested (attach all copies of solicitation, telephone records, fax
confirmations, email communications, etc.) and amount of DBEs to respond. Bidders are reminded to
solicit certified DBEs in the City's market area through all reasonable and available means (e.g.
attendance at pre -bid meetings, advertising and written notices.) Bidder to provide documentation to
demonstrate DBE firms were provided information about the contract (location of project, contract
number, bid date, items of work made available and contact information) in the Invitation to Bid from
the bidder and evidence the aforementioned items, as follows:
DBE Firm
Contact Name/Title
Method of
Solicitation
Date of Initial
Solicictation
Date of
Follow -Up
Solicitation
Response/
Interested in
Bidding
(Note: Solicitations should occur at a minimum no later than 14 calendar days prior to the City's bid due
date and follow up to the solicitations should allow DBE firms reasonable time to respond). DBE firms
solicited must be advised if the original bid due date has been extended.
C. Rejected DBE Bid Documentation; the names, addresses, phone numbers, and amount of rejected
DBE firms, the reasons for the bidder's rejection of the DBE firms, the firms selected and accepted for
that work (attach all copies of quotes from all firms involved inclusive of a detailed cost breakdown if
opted to self -perform work) and the price difference for each DBE if the selected firm is not a DBE,
include an explanation of quote(s) rejected.
D. Publication Efforts Made to Advertise the Projects to Solicit DBE Participation; names and dates of
each publication in which a request for DBE participation for this project was placed by the bidder
(attach copies of advertisements or proof of publications). Publications should be placed at a minimum
14 calendar days before the City's bid due date. If bid due date is extended, bidder is to re -advertise
new bid due date.
Publications
Type of Publication
(Trade/General/
Minority/Focus)
Dates
Advertisement
Duration a
nt
Advertisement
Readvertisement
(Bid -Due Date
Extension)
E. Agencies, Organizations, or Groups Contacted to Provide Assistance in Contracting, Recruiting, and
Using DBEs; the names of agencies, organizations or groups contacted to provide assistance in
contacting, recruiting and using DBE firms (Attach copies of requests to agencies, responses received
and efforts made by the bidder in response).
70
F. Efforts to Provide Information About the Plans, Specifications, and Contract Requirements; efforts
made to assist interested DBEs in obtaining necessary materials, or related assistance or services,
bidder to provide evidence of effort.
G. Assistance with Lines of Credit, Insurance, and/or other Services; efforts made to assist interested
DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information
related to the plans, specifications and requirements for the work which was provided to DBEs, bidder
to provide a list of any assistance provided to DBEs:
H. Additional Data to Support a Demonstration of Good Faith Efforts; in determining whether a bidder
made adequate good faith efforts, the City will take into account the performance of other bidders in
meeting the DBE contract goal. Attach any additional information to support demonstration of good
faith in this section:
NOTE: USE ADDITIONAL SHEETS AS NECESSARY TO DEMONSTRATE RESPONSIVENESS.
71
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GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT)
Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out below.
(1) It will comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension
and Debarment," 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and
Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," 2 CFR part 180,
(2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:
Are eligible to participate in covered transactions of any Federal department or agency and are
not presently:
(1)
Debarred,
(2)
Suspended,
(3)
Proposed for debarment,
(4)
Declared ineligible,
(5)
Voluntarily excluded, or
(6)
Disqualified,
b. Its management has not within a three-year period preceding its latest application or proposal
been convicted of or had a civil judgment rendered against any of them for:
(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction, or contract under a public transaction,
(2) Violation of any Federal or State antitrust statute, or
(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making any false statement, or receiving stolen property,
C. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection
2.b of this Certification,
d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or
default within a three-year period preceding this Certification,
e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a
— 2.d above, it will promptly provide that information to FTA,
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GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT)
f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered
lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part
180 if it:
(1) Equals or exceeds $25,000,
(2) Is for audit services, or
(3) Requires the consent of a Federal official, and
g. It will require that each covered lower tier contractor and subcontractor:
(1) Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200,
and
(2) Assure that each lower tier participant in its Project is not presently declared by any Federal
department or agency to be:
a. Debarred from participation in its federally funded Project,
b. Suspended from participation in its federally funded Project,
C. Proposed for debarment from participation in its federally funded Project,
d. Declared ineligible to participate in its federally funded Project,
e. Voluntarily excluded from participation in its federally funded Project, or
f. Disqualified from participation in its federally funded Project, and
3. It will provide a written explanation as indicated on a page attached in FTA's TEAM -Web or the
Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third Party
Participants at a lower tier, is unable to certify compliance with the preceding statements in this
Certification Group.
('artifirntinn
Contractor
Signature of Authorized Official
Name and Title of Contractor's Authorized Official
Date
75
DOCUMENTS CHECKLIST
Bid # TMF-19-20-09
Bus Stop Improvement Project
In addition to the items requested for the proposal the following documents are required to be
completed and submitted by the proposer.
DO NOT send more information than is requested.
DO send the REQUESTED information.
• Invitation For Bid page filled out
• Any addendum published through Planetbids — signed form and acknowledgement through
planet bids
• Bidder's Bond - MUST be received at City Hall prior to bid due date
• Designation of Subcontractors form —if none, write "n/a';• Do NOTleave blank
• Reference Page
• Price Schedule —Use this form for reference ONLY. Pricing must be entered into line items section of PlanetBids
• Additional Pricing Page -Do NOTinclude this pricing in the cost of your bid response. Fill outform and return
with bid
• Buy America Certification
• Certification and Restrictions on Lobbying
• DBE Participation Commitment Form
• DBE Letter of Intent
• DBE Good Faith Efforts
• Bidders List
• Government -Wide Debarment and Suspension Form
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