HomeMy WebLinkAbout2018-06-13 e-packet@6:00Wednesday, June 13, 2018
6:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
June 13, 2018Special City Council Special Meeting Agenda
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of
California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, June
13, 2018, at 6:00 p.m., in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South
San Francisco, California.
Purpose of the meeting:
Call to Order.
Roll Call.
Agenda Review.
Public Comments - comments are limited to items on the Special Meeting Agenda.
ITEMS FOR CONSIDERATION
Study session regarding Community Civic Campus project site plan recommendation
and schematic design scope. (Marian Lee, Assistant City Manager and Smith Group
JJR, Master Architect)
1.
Report regarding a resolution approving the purchase of two type one fire engines in
the amount of $1,393,163; authorizing the City Manager to enter into a purchase
agreement with Hi-Tech Emergency Vehicle Service, Inc., for the construction and
purchase of two fire engines; approving the purchase of tools and equipment related to
this apparatus purchase in the amount of $56,837; and approving budget amendment
18.028 in the amount of $250,000 to appropriate funds from the Developer
Contribution Fund towards the total purchase amount.
2.
Resolution approving the purchase of two type one fire engines in the amount of
$1,393,163; authorizing the City Manager to enter into a purchase agreement with
Hi-Tech Emergency Vehicle Service, Inc., for the construction and purchase of two
fire engines; approving the purchase of tools and equipment related to this apparatus
purchase in the amount of $56,837; and approving budget amendment 18.028 in the
amount of $250,000 to appropriate funds from the Developer Contribution Fund
towards the total purchase amount.
2a.
Report regarding a resolution awarding a construction contract to LC General
Engineering & Construction, Inc. of San Francisco, CA for the Grand Boulevard
Initiative Project: Phase I and II in an amount not to exceed $5,748,633 and
authorizing a total construction budget not to exceed $7,769,368, and rejecting all bid
protests. (Matthew Ruble, Senior Civil Engineer)
3.
Page 2 City of South San Francisco Printed on 8/31/2018
June 13, 2018Special City Council Special Meeting Agenda
Resolution awarding a construction contract to LC General Engineering &
Construction, Inc. of San Francisco, California for the Grand Boulevard Initiative
Project - Phase I and II in an amount not to exceed $5,748,633 and authorizing a total
construction budget not to exceed $7,769,368, and rejecting all bid protests.
3a.
Adjournment.
Page 3 City of South San Francisco Printed on 8/31/2018
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-123 Agenda Date:6/13/2018
Version:1 Item #:1.
Study session regarding Community Civic Campus project site plan recommendation and schematic design
scope.(Marian Lee, Assistant City Manager and Smith Group JJR, Master Architect)
RECOMMENDATION
It is recommended that the City Council receive a presentation on the Community Civic Campus project
site plan recommendation and schematic design scope.Receiving direction at this juncture of the project
is important to meet the project schedule and contain project costs.
BACKGROUND/DISCUSSION
The Community Civic Campus project proposes to build a new Police,Fire and Library and Parks &
Recreation facilities.The project will be built at the northeast corner of El Camino Real and Chestnut Avenue
and southeast corner of Arroyo Drive and Camaritas Avenue.Our current facilities are seismically unsafe
and/or undersized/underequipped to meet the growing needs of our community and new facilities are needed.
Since January 2018,with the selection of the project Master Architect (Smith Group JJR),the project team has
been focused on validating the building programs for Police,Fire and Library and Park &Recreation.The team
has also been developing a multi-modal access plan for the site and design ideas based on the City Council
preferred site concept plan identified last year.For the Police and Fire stations,the specialty public safety
subconsultants have been meeting with the Police and Fire staff to validate the public safety building functions
and spaces in the buildings.For the Library and Park &Recreation facility,in additional to staff meetings,there
have been many public meetings to inform the community about what we have accomplished to date and seek
their input about user interface preferences.
In April 2018,at the City Council Study Session,staff provided an update on the public outreach efforts
associated with this phase of the project,the multi-modal access plan,and site plan options.The outreach
validated the community’s desire for modernized spaces and more programs -for the new facility to provide a
range of spaces supporting diverse venues for all to feel welcome and enjoy.The multi-modal access plan
reflected a range of strategies that would maximize pedestrian and bicycle facilities,Centennial Trail
connections,universal access as well as intersection improvements and priority access and egress for public
safety facilities.
The site plan options reflected differences in how parking was addressed (all surface parking versus some
underground),amount of recreational open space (zero to 20,000 sq.ft.to 50,000 sq.ft.),and Library and Parks
and Recreation building height (two-story to three-story).The purpose of presenting the different options was
to begin visualizing how cost constraints might influence project design.At the conclusion of the meeting,staff
committed to completing the outreach effort,developing a recommended site plan and providing cost
information at the June City Council Study Session.At the June City Council meeting,staff and the Smith
Group JJR will make a presentation regarding project work completed to date,the proposed project funding
plan, site plan recommendation, and design package strategy.
The presentation is attached.
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File #:18-123 Agenda Date:6/13/2018
Version:1 Item #:1.
Staff is recommending design development for the Library,Parks and Recreation,Police and Fire facilities on a
campus with surface parking,multi-modal transportation facilities and open space that will be programmed for
passive and active uses.The design would be packaged so that Library,Parks and Recreation and Police will be
in the BASE package for construction and Fire,as OPTION 1 for construction.Given that the cost estimate of
the project has increased since the 2016 estimate,this proposed design packaging strategy allows for phasing
the project as needed.
The main community center will include a welcoming lobby and atrium area for multiple users,a White Box
Theatre /City Council Chamber that will support public meetings as well as performances,a new Library Hub,
a new Parks and Recreation Hub,and outdoor space for passive and active recreation.Shared spaces between
the Library and Parks and Recreation will allow both departments to maximize their programs for the
community.
The new Library Hub will provide larger,quieter spaces that more fully support reading,studying and the use
of technology.Teens will have their own 2,000 sq.ft.“hang out”spot.Six adjacent study rooms of various
sizes will help students complete their homework.The Children’s Library will double in size.In the expanded
space,families will enjoy story times among the books in an area comfortably furnished.Early literacy stations
will be added to the expanded picture book room for preschoolers.Set apart from the children’s area,the Adult
Library will become a quiet reading sanctuary,with views,natural light,and comfortable seating.Finally,state-
of-the-art,technology-based learning experiences will be offered in the Discovery Center.The new library and
discovery center will feature programs covering a wide range of interests,from basic literacy and computer
operation to writing code and building robots.
The new Parks and Recreation Hub will provide flexible,adaptable classrooms and meeting rooms,in addition
to specialized activity spaces to allow customized programs.The largest activity space will be larger than the
current Social Hall.The new Social Hall will have storage for tables and chairs,and dividers so that smaller
activities can also be offered while maximizing space utilization.The dance studios will be larger with
appropriate sprung flooring and adjacent dressing rooms.Classrooms will be designed for young children with
adjacent restrooms to expand programming,and provide safety and operational control for staff supervising the
children.A teaching kitchen will allow for cooking classes that can accommodate more students.Classrooms
equipped with sinks,floor drain,and durable furnishings and finishes will allow for “messy”art and other
creative activities.Combination of adjacent classrooms and meeting rooms will accommodate small
conferences and meetings that require a lecture area and break-out rooms.There will be several small music
rooms for piano, guitar, voice, or other types of music instruction.
The new Police and Fire stations will be built to the current Essential Services Code Requirement.It will be
designed to be functional with efficient spaces to meet the operational needs of the public safety departments.
The Police facility will include a 911 Emergency Center,support patrol and spaces for administrative records,
communications,investigations,property and evidence,classrooms,physical training,and a firing range.80
secured surface parking spaces will be provided.Design strategies for weather protection will be explored.The
parking spaces will allow for fleet parking and police employee parking.At times,when shift transitions are
heavy,police employees will need to utilize parking in nearby areas.The Fire facility will include three
apparatus bays,storage,living and dining areas,separate sleeping quarters for males and females,
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File #:18-123 Agenda Date:6/13/2018
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apparatus bays,storage,living and dining areas,separate sleeping quarters for males and females,
administration and 14 parking spaces.These functional areas will provide the best environment for our fire
employees and apparatus to efficiently and safely serve our community.
FISCAL IMPACT
Direction from this meeting will advance the project from program validation to schematic design.The funding
for design was included in the Fiscal Year 2017-2018 budget approvals which will be carried over to Fiscal
Year 2018-2019.
CONCLUSION
Schematic design is scheduled for the remainder of this calendar year.Public input will continue to inform
design development. The project team will continue to provide quarterly updates to City Council.
Attachment: Project Update Presentation June 2018
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City Council Study Session
June 13, 2018
1
Community Civic Campus Project
Schematic Design Recommendation
Our Goal
•City’s Commitment
-Continue fiscal responsibility
-Maintain essential city services during economic cycles
•City’s Future
-Population increasing
-Community evolving
-Public services need growing
-Need to modernize Fire, Police, Library and Parks and Recreation
facilities
2
Decisions to Date
•Preferred Conceptual Site Plan
•CEQA Certification
•Site Acquired
•Program Manager Selected
•Master Architect Selected
3
4
Public Input (March – May)
•Face -to-Face Meetings
–City Council Study Session
–Parks and Recreation Commission (Friends of P & R)
–Library Commission (Friends of Library)
–Cultural Arts Commission
–Planning Commission
–Bicycle and Pedestrian Committee
–Measure W Citizens’ Oversight Committee
–Neighborhood and Focus Group Meetings
–State of the City Address / Town Hall
–Streets Alive! Parks Alive!
•Website, Surveys, Print and Social Media
5
Public Input Themes
6
Recreation Hub
•Adequate space and storage
•Athletic sprung wood floors
•Soundproofing
•User climate controls
•Changing Rooms
•Accessible and Safety
•Teaching kitchen
•Outdoor activity space
•Art gallery with display cases
•Rentable space
•Multi-purpose / flexible
Library Hub
•Expansive collections
•Dedicated Children, Teen, and Adult areas
•Quiet reading, working and tutoring areas
•Technology learning areas
•Active and engaging for seniors
•Friends of the Library bookstore
•Covered exterior space
•Makerspace
•Comfortable seating
•Diverse learning opportunities
•Needs for children with special needs
7
Campus Master Plan
Library and Parks & Recreation Center
(75,000 sf indoor + 20,000 sf outdoor)
8
•Lobby
•Atrium
•Council Chambers /
White Box Theatre
•Outdoor Space
•Surface Parking 220
(current 194)
Library Hub
•Increased children’s zone with story time area and
adjacent children’s books
•After school location and teen zone
•Quiet reading, working and tutoring areas for adults
•Group study rooms
•Computer lab and informal STEM learning
•One stop shop for the whole family
•Active and engaging for seniors
•Expanded early literacy center
9
Parks & Recreation Hub
•State of the art dance studios and changing areas
•Modern large and small multi-purpose classrooms for
fitness, music and technology
•Rentable large banquet space with kitchen and
appropriate storage
•Event space for lectures and performances
•Teaching kitchen
•Rentable space
•Collaborative office space for staff
•Safe , single point of entry
10
Police Station (43,300 sf)
•911 Emergency Center
•Patrol
•Administrative Records
•Communications
•Investigations
•Property and Evidence
•Classrooms / Physical Training
•Firing Range
•80 Surface Parking (current 34)
11
Fire Station (8,826 sf)
•3 Apparatus Bays
•Storage
•Living and Dining
•Sleeping Quarters
•Administrative
•14 Surface Parking
12
Multi Modal Access Plan
•Mode Split Goals
–Drive Alone: 35%
–Carpool: 40%
–Walk/Bike/Transit: 25%
•Bike/Pedestrian
–Expand Centennial Trail along
Antoinette
–Pull Centennial Trail into the Campus
–Bike Parking/Hub (120)
–Safety Amenities at Chestnut and El
Camino
•Prioritize Police & Fire Egress
•Vehicle Access
–Intersection Improvements
–General Public Parking (240)
–Parking Management Program
•Other Efforts
–Oak Avenue Extension (Future
Connection)
–Close Trail Gap across Chestnut
–Coordinate GBI Improvements on
El Camino
–Shuttle Service
13
14
Campus Gateway
15
Pedestrian Connection
16
Public Space
Updated Project Cost (2018 estimate in YOE$)
•BASE Design Package $190M
–Planning, Program Management, Design, Land $34M
–Construction Cost Estimate $156M
•Library and Parks & Recreation $103M
•Police Facility $54M
•Includes 10% contingency
•OPTION Design Package $15M
–Fire Station in future if funding not available
–Cost estimate could change due to code and construction timing
–Funding opportunities with MSB land sale / development, Pacific
Market site development
17
Project Cost Variables
•Project cost higher than 2016 estimate
•Cost increase due to
–Construction Cost Escalation (6% annual vs. less than 3% annual)
–Additional Years to Project Schedule
–Essential Services Code Requirement (45% increase)
–Larger safety facilities driven by function and efficient operations
•Cost containment parameters
–Efficient building design
–Maximize shared spaces between Library and Parks & Recreation
–No structured parking
–Design to Silver/Gold LEED Equivalent
18
1.43%
2.90%
0.89%
2.56%
5.53%
6.53%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
7.00%
2013 2014 2015 2016 2017 2018
Es
c
a
l
a
t
i
o
n
A
v
e
r
a
g
e
Year
Construction Cost Escalation
San Francisco (RS Means)
Source: RS Means Cost Index (2018)
Project Funding Plan $190M
Bond Proceeds,
$105
Measure W
Cash on Hand,
$70
Asset Seizure,
$2
Public Safety
Impact Fee, $1 PEG Funds, $1
Other Local
Funds, $1
Park Fees, $5
•Identified Sources: $185M
•Funding TBD: $5M
•Funding Plan does not include donations / grants
20
Measure W Cash / Bond Proceeds
•Finance Goals
–Maintain compliance with reserves policy
–Earn awards from GFOA for budget and CAFR
•Cash for project $70M
•Bond proceeds for project $105M
–Issue bond end of 2019
–Interest $153M
•Measure W revenues for other projects
–$2.5M/year
–2024 - 2046
21
Next Steps
•Approval for Schematic Design Development
22
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-479 Agenda Date:6/13/2018
Version:1 Item #:2.
Report regarding a resolution approving the purchase of two type one fire engines in the amount of $1,393,163;
authorizing the City Manager to enter into a purchase agreement with Hi-Tech Emergency Vehicle Service,
Inc.,for the construction and purchase of two fire engines;approving the purchase of tools and equipment
related to this apparatus purchase in the amount of $56,837;and approving budget amendment 18.028 to
appropriate $400,000 in funds from the Developer Contribution Fund,$250,000 in funds from the Vehicle
Replacement Reserve contained in the Equipment Replacement Fund,$371,200 from the Public Safety Impact
Fee Fund,and commit $428,800 in funds from projected Fiscal Year 2017-18 General Fund operating surplus
towards the total purchase amount of $1,450,000.(Jess Magallanes, Fire Chief)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the purchase of two type one fire
engines in the amount of $1,393,163;authorizing the City Manager to enter into a purchase agreement
with Hi-Tech Emergency Vehicle Service,Inc.(Hi-Tech)for the construction and purchase of two fire
engines;approving the purchase of tools and equipment related to this apparatus purchase in an amount
of $56,837;and approving budget amendment 18.028 to appropriate $400,000 in funds from the
Developer Contribution Fund,$250,000 in funds from the Vehicle Replacement Reserve contained in the
Equipment Replacement Fund,$371,200 from the Public Safety Impact Fee Fund,and commit $428,800
in funds from projected Fiscal Year 2017-18 General Fund operating surplus towards the total purchase
amount of $1,450,000.
BACKGROUND/DISCUSSION
The Fire Department recommends the purchase of two Hi-Tech Spartan Gladiator Medium Four Door (MFD)
type one fire engines.This request includes encumbered funds carried over from the Fiscal Year (FY)2016-17
Equipment Replacement budget along with funds from the FY 2017-18 Equipment Replacement budget,one
fire engine per budget year.By purchasing the engines simultaneously,the department will replace two engines
that have exceeded their replacement schedule timeline,realize a decrease in staff time needed to manage the
project,and create two identical vehicles,reducing orientation time and increasing operational efficiency for
fire staff and fleet maintenance personnel.
The South San Francisco Fire Department (SSFFD)provides fire suppression,emergency medical care,
hazardous materials response,and rescue response through an all risk hazards response model from its five fire
stations.Exclusive of transport ambulances and specialized equipment,this is accomplished using four front-
line fire engines and a quint apparatus.Additionally,two reserve fire engines and a reserve quint are maintained
to provide for continuity of service when a front-line unit is placed out of service for maintenance or repair
work.Reserve fire engines are also used for service in high-call volume periods and large-scale incidents
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work.Reserve fire engines are also used for service in high-call volume periods and large-scale incidents
requiring increased capacity.Examples of these types of events include:San Bruno Pipeline Explosion,severe
weather events, and other human caused or natural disasters.
To preserve service life,while providing for safety and reducing maintenance costs,the SSFFD,Public Works
Department,and Finance Department have created a replacement schedule,which places a fire engine into
frontline service for 12 years,followed by three years in reserve status.This practice is in alignment with the
National Fire Protection Association (NFPA)1911 “Standards for the Inspection,Maintenance,Testing and
Retirement of In-Service Automotive Apparatus”.This document provides guidance and recommendations for
apparatus replacement based on factors including age, usage, mileage, condition, and servicing costs.
SSFFD current engine inventory is as follows:
Vehicle Purchase year Replacement year
503 2000 2016
512 2002 2018
502 2008 2024
504 2008 2024
506 2010 2026
509 2010 2026
Through the vehicle replacement schedule and NFPA 1911 recommendations,SSFFD has identified two
reserve fire apparatus that are due for replacement.They are fire engines 503 and 512,which are 18 and 16
years old,respectively.Considering the construction timeline of a new fire engine,they would continue to
provide between 12 and 18 more months of service as reserve apparatus.Fire staff recognizes that this
timeframe exceeds our department’s identified replacement schedule;however,based on the performance of
both apparatus and efforts by fleet maintenance personnel, we were able to extend their operational life.
Since the original purchase of fire engines 503 and 512,advancements in industry safety standards now require
fire apparatus to include technologies that drastically improve the safety of the vehicle’s passengers,the
operators,and public.The department’s oldest fire apparatus are not equipped with currently mandated seatbelt
warning sensors,do not meet cab integrity standards for collisions or rollovers,nor do they meet current federal
diesel emissions standards.Additionally,all newly manufactured fire apparatus are required to have vehicle
data recorders, stability control systems, and are outfitted with anti-locking brake systems.
Fire engines 503 and 512 have experienced increased call volume over the course of their service life.Their
current condition has,resulted in a consistent increase in maintenance costs and a reduction in their reliability
as reserve apparatus.This deterioration and cost increase is expected based on the vehicles’age and use.Both
vehicles have engine mileage and fire pump use hours expected for a SSFFD fire apparatus with similar service
timeframes.With the earliest potential replacement date 12 to 18 months away,it is prudent to begin the
construction of these new engines to maintain future operational readiness.
Fire staff established factors important to selecting the proper fire engine for the department, which included:
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1.Operational Capability;
2.Power and Maneuverability;
3.Compatibility with Federal Emissions Standards;
4.Familiarity for South San Francisco Mechanics;
5.Customization potential to meet our equipment and gear storage needs;
6.Cost;
7.Limited need for in-service training; and
8.Warranty Service and proximity to warranty service center.
The South San Francisco Fire Department evaluated three manufacturers of type one fire engines as part of its
selection process to replace two aging engines.These manufacturers included:Hi-Tech Emergency Vehicle
Services,Inc.(Hi-Tech),Pierce Manufacturing,Inc.(Pierce),and Rosenbauer Motors,LLC (Rosenbauer).The
Hi-Tech engine scored the highest as it provides the greatest operational benefit to our department at the lowest
cost.Based on the above selection criteria,the SSFFD recommends the contract be awarded to Hi-Tech.Please
see Attachment 1 for detail.
The SSFFD has used Hi-Tech for its last six type one fire engine purchases.The engines have all been Spartan
Gladiator MFDs.These apparatus have proven to be reliable platforms and have met the needs of the
department with minimal issues.With little changes,to accommodate new equipment and gear requirements,
continuing with SSFFD current configuration will allow us to maintain our current level of service while
supporting new technologies.The engines will be configured as close as possible to the current fleet,decreasing
the “in-service”training time necessary to familiarize members with the new apparatus.South San Francisco
Fleet Maintenance personnel are familiar with this apparatus type and will require minimal orientation or new
equipment to service the vehicles.
Hi-Tech’s proposal also allowed SSFFD to take advantage of pricing that was negotiated with the City of San
Jose Fire Department.This purchase aligns with City of South San Francisco Municipal Code 4.04.040(b),
Agreements with other governmental agencies,“allowing city purchases to be made by taking advantage of
valid contract terms that have been negotiated by another governmental agency,if that agency had used a quote
or bid process that substantially conforms with the procedures established by state law”and the City municipal
code for purchasing.
FISCAL IMPACT
With the adoption of the FY 2016-17 Operating Budget,City Council approved the lease purchase of a fire
engine and equipment in the amount of $700,000.This purchase was delayed,the funds encumbered and were
rolled over to the FY 2017-18 Operating Budget.With the adoption of the first year of FY 2017-19 Biennial
Operating Budget,City Council approved the lease purchase of an additional fire engine and equipment in the
amount of $700,000.The engine costs are based on a bid specification that substantially conforms to
procedures established by state law and our City’s municipal code.Costs have increased and the total price for
two engines ($1,393,163) with related equipment ($56,837) is now $1,450,000.
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File #:18-479 Agenda Date:6/13/2018
Version:1 Item #:2.
In FY 2018,the Genesis project developer deposited,into the Developer Contribution Account,funds that met
their Development Agreement obligations.Staff is requesting approval of budget amendment 18.028,which
will appropriate $400,000 from the Genesis North Tower Developer Contribution Reserve that is accounted for
in the Developer Contribution Fund towards the purchase of the engines and will not impact the General Fund.
The budget amendment further appropriates $250,000 of the Vehicle Replacement Reserve that is kept within
the City’s Equipment Replacement Fund.Budget Amendment 18.028 also appropriates $371,200 in funds from
the City’s Public Safety Impact Fee Fund,which permits 25.6 percent of the total purchase price,which
represents new development’s share of the capital cost.Staff further requests that the remaining cost be funded
by the Council action contained in the accompanying resolution that commits $428,800 in FY 2017-18 General
Fund operating surplus toward purchase of the two fire engines.
The cost of this proposed purchase agreement with Hi-Tech is in the amount of $1,393,163.A lease purchase
was initially explored as an option to keep an adequate balance in the Vehicle Replacement Fund and still
acquire the two engines.The vendor offered several options that ranged from five to ten years of annual
payments to ownership,with the annual lease purchase payments ranging from $267,339.39 to $147,545.86,
respectively.However,the interest cost for the lease purchase options also ranged $143,534.41 over five years
to $282,296.00 over ten years.Given the Council’s direction to explore the feasibility of purchasing the fire
engines,the interest cost relative to the purchase price,and the City’s ability to purchase using available
resources,the accompanying resolution authorizes the City Manager to execute a purchase agreement on behalf
of the City.
CONCLUSION
Fire staff recommends that City Council adopt a resolution approving the purchase of two type one fire engines
in the amount of $1,393,163 and the purchase of tools and equipment related to this apparatus purchase in the
amount of $56,837;authorizing the City Manager to enter into a purchase agreement with Hi-Tech Emergency
Vehicle Service,Inc.for the construction and purchase of two fire engines;authorizing the City Manager to
execute a purchase agreement for related equipment;and approving budget amendment 18.028 to appropriate
$400,000 in funds from the Developer Contribution Fund,$250,000 in funds from the Vehicle Replacement
Reserve contained in the Equipment Replacement Fund,$371,200 in funds from the Public Safety Impact Fee
Fund,and commit $428,800 in funds from projected Fiscal Year 2017-18 General Fund operating surplus
towards the total purchase amount of $1,450,000.By authorizing the purchase of these engines and equipment,
staff will be able to support the safety of fire personnel,enhance operational capability,reduce maintenance
costs,comply with Federal emission standards,increase technological capability and allow the SSFFD to
continue to provide safe and effective emergency service to the South San Francisco community.
Attachment:
1.Selection Matrix
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Attachment 1
South San Francisco Fire Department
Fire Engine Evaluation for Selection - Results
Summary: The South San Francisco Fire Department evaluated three manufacturers of
type one fire engines as part of its selection process to replace two aging engines. These
manufacturers included: Hi-Tech Emergency Vehicle Services, Inc (Hi-Tech), Pierce
Manufacturing, Inc (Pierce), and Rosenbauer Motors, LLC (Rosenbauer). The Hi-Tech
engine scored the highest as it provides the greatest operational benefit to our department
at the lowest cost.
Hi-
Tech
Pierce Rosenbauer
Operational capability X X X
Power and maneuverability X X X
Compatibility with Federal
emissions standards X X X
Familiarity for South San
Francisco Mechanics X
Customization potential to
meet our equipment and gear
storage needs
X X X
Cost X
Limited need for in-service
training X
Warranty service and
proximity to warranty service
center
X X
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-480 Agenda Date:6/13/2018
Version:1 Item #:2a.
Resolution approving the purchase of two type one fire engines in the amount of $1,393,163;authorizing the
City Manager to enter into a purchase agreement with Hi-Tech Emergency Vehicle Service,Inc.,for the
construction and purchase of two fire engines;approving the purchase of tools and equipment related to this
apparatus purchase in the amount of $56,837;and approving budget amendment 18.028 to appropriate
$400,000 in funds from the Developer Contribution Fund,$250,000 in funds from the Vehicle Replacement
Reserve contained in the Equipment Replacement Fund,$371,200 from the Public Safety Impact Fee Fund,and
commit $428,800 in funds from projected Fiscal Year 2017-18 General Fund operating surplus towards the total
purchase amount of $1,450,000.
WHEREAS,the South San Francisco Fire Department (SSFFD)recommends the purchase of two Hi-Tech
Emergency Vehicle Service,Inc.(Hi-Tech),Spartan Gladiator Medium Four Door (MFD)type one fire engines
that have exceeded their scheduled replacement timeline; and
WHEREAS,through the vehicle replacement schedule and NFPA 1911 recommendations,fire engines 503 and
512, which are 18 and 16 years old respectively have been identified for replacement; and
WHEREAS,fire engines 503 and 512 have experienced increased call volume over the course of their service
life and their current condition has resulted in a consistent increase in maintenance costs and a reduction in their
reliability as reserve apparatus; and
WHEREAS,fire staff established factors important to selecting the proper fire engine for the department,which
included;Operational Capability,Power and Maneuverability,Compatibility with Federal Emissions Standards,
Familiarity for South San Francisco Mechanics,Customization potential to meet our equipment and gear
storage needs,Cost,Limited need for in-service training and Warranty Service and proximity to warranty
service center; and
WHEREAS,the Fire Department evaluated three manufacturers of type one fire engines as part of its selection
process to replace two aging engines;
WHEREAS,the engine from Hi-Tech Emergency Vehicle Service scored the highest as it provides the greatest
operational benefit to the Fire Department at the lowest cost,and Hi-Tech’s proposal also allows the Fire
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operational benefit to the Fire Department at the lowest cost,and Hi-Tech’s proposal also allows the Fire
Department to take advantage of pricing that was negotiated with the City of San Jose Fire Department;
WHEREAS,this purchase aligns with City of South San Francisco Municipal Code 4.04.040(b),Agreements
with other governmental agencies;“allowing city purchases to be made by taking advantage of valid contract
terms that have been negotiated by another governmental agency,if that agency had used a quote or bid process
that substantially conforms with the procedures established by state law”and the City municipal code for
purchasing; and
WHEREAS,with the adoption of the FY 2016-17 Operating Budget,City Council approved the purchase of a
fire engine and equipment in the amount of $700,000 which were encumbered and carried over into FY 2017-
18 Operating Budget;with the adoption of the first year of the (FY 2017-18)FY 2017-19 Biennial Operating
Budget,City Council approved the purchase of an additional fire engine and equipment in the amount of
$700,000; and
WHEREAS,staff is requesting approval of budget amendment 18.028 in the amount of $400,000 in funds from
the Developer Contribution Fund,$250,000 in funds from the Vehicle Replacement Reserve contained in the
Equipment Replacement Fund,$371,200 from the Public Safety Impact Fee Fund,and commit $428,800 in
funds from projected Fiscal Year 2017-18 General Fund operating surplus towards the total purchase amount of
$1,450,000, and
WHEREAS,the remaining $56,837 will be divided and used toward the purchase of tools and equipment for
each fire engine.
NOW,THEREFORE,BE IT RESOLVED the City Council of the City of South San Francisco does hereby take
the following actions:
1.Approves the purchase of two type one fire engines in the amount of $1,393,163 and related equipment
in the amount of $56,837.
2.Authorizes the City Manager to enter into a purchase agreement with Hi-Tech Emergency Vehicle
Service, Inc. for the construction and purchase of two fire engines, attached hereto as Exhibit A.
3.Authorizes the City Manager to execute a purchase agreement for related equipment.
4.Approves budget amendment 18.028 to appropriate $400,000 in funds from the Developer Contribution
Fund,$250,000 in funds from the Vehicle Replacement Reserve,$371,200 from the Public Safety
Impact Fee Fund,and commit $428,800 in funds from projected Fiscal Year 2017-18 General Fund
operating surplus towards the total purchase amount.
5.Authorizes the City Manager to take any other action consistent with carrying out the intent of this
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resolution.
*****
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PURCHASE AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND HI-TECH, EMERGENCY VEHICLE SERVICE, INC.
These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related
installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase
Agreement”) by Hi-Tech Emergency Vehicle Service, Inc. (“Vendor”) for the City of South San Francisco
(“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.” If the
Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an
agent of the Vendor, and is hereby included by reference as “the Vendor.”
1. Time of Performance. This Purchase Agreement shall commence effective May 23, 2018, and shall end
when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and
in Exhibit A (“Products” and/or “Services”). The equipment and products listed in Exhibit A must be
delivered within 390 days of the receipt of the purchase order. The installation and other services set forth in
Exhibit A must be completed within 390 days of the receipt of the purchase order. In the event that any of
the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall
prevail.
2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and
furnish to City with two Spartan Gladiator Medium Four Door Type One Fire Engines and shall complete
delivery F.O.B. to the City of South San Francisco on or before 390 days from the date of this Purchase
Agreement in strict accordance with the specifications as established by this Purchase Agreement and
Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. A fee of
$200.00 per day, per engine, past this delivery timeline shall be paid by the vendor to the city if the vehicles
are not delivered, in acceptable condition, to the City of South San Francisco.
3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not
to exceed amount. The total compensation for Products and/or Services performed under this Purchase
Agreement is not to exceed one million four hundred fifty thousand dollars ($1,393,163.00).
The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this
Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or
Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of
Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products
and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment.
In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase
Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms
and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100%) of
City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements.
4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the
delivery of the Products and/or Services listed herein.
5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as
described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications
contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable
quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C)
Vendor has good title to all Products delivered and all Products delivered are free from liens and other
encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict
conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or
components not meeting the foregoing quality shall be deemed defective. The foregoing warranty
provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via
this Purchase Agreement.
Vendor also expressly warrants and guarantees, for number of years written in the final vehicle
specifications that the Products and/or Services furnished by it to City shall be free from breakage or defects
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of material and workmanship under normal use, service and maintenance from the date of acceptance of the
City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves
defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated
above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the
City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship,
Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to
properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to
proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to
effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor.
6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or
by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the
City.
7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times
during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the
condition prior to installation.
8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final
inspection and acceptance or rejection by the City.
9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable
to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents,
contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss,
damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with the delivery and installation of
the Products and/or Services described on this Purchase Agreement or Vendor’s failure to comply with this
Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City
Indemnitees.
10. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase
Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing
that Contractor has obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS
($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and
contractual liability coverage. The policy shall also include coverage for liability arising out of the use and
operation of any City-owned or City-furnished equipment used or operated by the Vendor, its personnel,
agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-
owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as
additional insureds with any City insurance shall be secondary and in excess to Vendor’s insurance. If the
Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a
precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured
retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention,
such provisions must be modified by special endorsement so as to not apply to the additional insured
coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying
or paying the self-insured retention required to be paid as a precondition to the insurer’s liability.
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Additionally, the certificates of insurance must note whether the policy does or does not include any self-
insured retention and also must disclose the deductible.
The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid
and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be
binding.
11. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to
the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by Vendor or by any subcontractor shall receive the wages herein provided for. The Vendor shall
pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be
amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference
between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor
to each worker.
An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the
prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will
not recognize any claim for additional compensation because of the payment by the Vendor for any wage
rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Vendor.
A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is
not attached hereto pursuant to Labor Code Section 1773.2, the Vendor shall post at appropriate conspicuous
points at the site of the project a schedule showing all determined prevailing wage rates for the various
classes of laborers and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and
mechanics so engaged.
B. Payroll Records. Each Vendor and subcontractor shall keep an accurate payroll record, showing the
name, address, social security number, work week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by the Vendor in connection with the public work. Such
records shall be certified and submitted weekly as required by Labor Code Section 1776.
12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from
tax withholding, Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form
590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit C.
Unless Vendor provides City with a valid Form 590 or other valid, written evidence of an exemption or
waiver from withholding, City may withhold California taxes from payments to Vendor as required by law.
Vendor shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form
590s (or other written evidence of exemptions or waivers) from all subcontractors. Vendor accepts sole
responsibility for withholding taxes from any non-California resident subcontractor and shall submit written
documentation of compliance with Vendor’s withholding duty to City upon request.
13. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this
Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will
pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to
the date of termination.
14. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or
proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the
prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with
that legal action or proceeding.
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15. Notice. All notices and other communications which are required or may be given under this Agreement shall
be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when
received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the
next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is
sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic
address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by
certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties
as follows:
Vendor:
Hi-Tech, Emergency Vehicle Service, Inc.
444 W. Greger Street
Oakdale, CA 95361
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
16. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase
Agreement without the City’s prior written approval. This Purchase Agreement is governed by California
law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of
California, and shall be venued in the County of San Mateo.
17. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity
shall not affect the validity of the remaining portions of this Purchase Agreement.
18. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This
Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both
Parties.
19. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other
electronic means, and when each Party has signed and delivered at least one such counterpart, each
counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall
constitute one Agreement, which shall be binding upon and effective as to all Parties.
CITY OF SOUTH SAN FRANCISCO VENDOR
A Municipal Corporation
By:___________________________ By:___________________________
City Manager [Name], Authorized Rep
Approved as to Form:
__________________________
City Attorney
2729963.1
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-773 Agenda Date:6/13/2018
Version:2 Item #:3.
Report regarding a resolution awarding a construction contract to LC General Engineering &Construction,Inc.
of San Francisco,CA for the Grand Boulevard Initiative Project:Phase I and II in an amount not to exceed
$5,748,633 and authorizing a total construction budget not to exceed $7,769,368,and rejecting all bid protests.
(Matthew Ruble, Senior Civil Engineer)
RECOMMENDATION
It is recommended that the City Council adopt a resolution awarding a construction contract to LC
General Engineering &Construction,Inc.of San Francisco,CA for the Grand Boulevard Initiative
Phase I from Arroyo Drive to Chestnut Avenue (Project No.st1403)and Grand Boulevard Initiative
Phase II from McClellan Drive to Kaiser Way (Project No.st1502)in an amount not to exceed $5,748,633
and authorizing a total construction budget of $7,769,368, and rejecting all bid protests.
BACKGROUND/DISCUSSION
The Grand Boulevard Initiative (“Project”)is a collaboration of 19 cities,counties,local and regional agencies
united to improve the performance,safety,and aesthetics of El Camino Real.The South San Francisco portion
of the Project starts at McClellan Drive and ends at Chestnut Avenue,which is approximately one mile as
shown in Attachment 1.The Project improves an important gateway to the City of South San Francisco (“City”)
which allows for planned transit-oriented and mixed-use development along the frontage,as envisioned in the
City’s 2011 El Camino Real/Chestnut Avenue Area Plan.The project improvements include enhanced
pedestrian crossings with corner curb bulb-outs and median refuges,expanded bus stop/waiting areas,and a
new landscaped median.
The City applied for several grants to help fund the construction of the Project located within the City.In 2013,
the City received a grant in the amount of $1,000,000 from the One Bay Area Grant (OBAG)program to fund
the Arroyo Drive and Chestnut Avenue (“Phase I”)portion.In 2014,the City received a grant in the amount
$1,991,000 from City/County Association of Governments (C/CAG)State Transportation Improvement
Program and Transportation Enhancement to fund the McClellan Drive to Kaiser Way (“Phase II”)portion.In
February 2017,C/CAG notified the City about the award of a $1,000,000 grant from the OBAG2 program to
fund the Kaiser Way to Arroyo Drive (“Phase III”)portion.The CA Transportation Commission (CTC)has
approved this latest grant at the May 2017 meeting to appropriate and allocate the funds to the City.
Currently,the Project consists of three phases,but staff is combining the Project’s Phase I and Phase II to bid
and award as one larger project to allow for receipt of more competitive bids.
During construction,vehicles on El Camino Real will be impacted by construction personnel and equipment.
Staff and the contractor will keep City residents and business notified of the traffic impacts through the City’s
Communications Department.Notifications through e-mail and through the City’s website will advise our
community of the project’s status.
In December 5,2017,City Council approved a consulting services agreement with TRC Engineers,Inc.of San
Ramon,CA for the Grand Boulevard Initiative Phase I from Arroyo Drive to Chestnut Avenue (Project No.
st1403)and Grand Boulevard Initiative Phase II from McClellan Drive to Kaiser Way (Project No.st1502)in
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st1403)and Grand Boulevard Initiative Phase II from McClellan Drive to Kaiser Way (Project No.st1502)in
an amount not to exceed $632,759 for a total budget of $696,035.
Staff advertised a notice inviting bids for the project on March 28,2018,and April 4,2018.On May 8,2018,
staff received two (2)bids in response.The lowest responsible bidder was LC General Engineering &
Construction,Inc.of San Francisco,CA.The second lowest bidder was Redgwick Construction Company of
Oakland,CA.Staff has verified the LC General Engineering &Construction,Inc.current contractor’s license
with the CA State Licensing Board and found it to be in good standing.
On May 11,2018,staff received a bid protest letter from McInerney &Dillon,a law firm representing the
second lowest bidder,Redgwick Construction Company of Oakland,CA,claiming that the lowest bidder,LG
General Engineering and Construction,Inc.of San Francisco,CA,was not the lowest bid and that its bid was
not responsive for the reasons discussed in the bid protest letter (see Attachment “2”).After carefully
reviewing the bid protest and consulting with the City Attorney’s office,City staff has determined that LC
General’s bid,the apparent low bidder,is responsive.Staff has carefully reviewed the lowest bidder’s proposal
and found it to be responsive and responsible.Staff’s response letter to the bid protest letter is attached as
Attachment “3” for your review.
The following is a summary of all bids received:
Base Bid Amount
LC General Engineering & Construction, Inc. of San Francisco, CA $5,748,632.20
Redgwick Construction Company of Oakland, CA $5,849,395.00
The Engineer’s estimate is $6,026,700.
The project budget is:
LC General Engineering and Construction, Inc. Construction Contract $5,748,633
Construction Contingency (20%)$1,149,727
Contract Construction Management (TRC)$632,759
Contract Construction Management Contingency (10%)$63,276
Construction Engineering Support (Mark Thomas)$60,000
Construction Administration (2%)$114,973
Total Project Budget $7,769,368
The construction contingency will be used for any additional costs related to design changes during the
construction operations.The project has a Disadvantaged Business Enterprise (DBE)goal of 12%since federal
funds are being utilized.
FUNDING
Phase I of the project is funded by a combination of One Bay Area Grant (OBAG)grant and Measure A funds
from the City.The project is included in the South San Francisco’s Fiscal Year 2018-19 Capital Improvement
Program (Project No.st1403)with the anticipation that sufficient funds allocated to cover the project cost.The
OBAG grant will reimburse the City 67.11%of the construction costs approved on the E-76 Authorization to
Proceed to Construction which includes contingency costs and Construction Engineering costs.
Phase II of the project is funded by a combination of City/County Association of Governments (C/CAG)State
Transportation Improvement Program and Transportation Enhancement (TCSP)and Measure A funds from the
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Transportation Improvement Program and Transportation Enhancement (TCSP)and Measure A funds from the
City.The project is included in the South San Francisco’s Fiscal Year 2018-19 Capital Improvement Program
(Project No.st1502)with the anticipation that sufficient funds allocated to cover the project cost.The TCSP
grant will reimburse the City 62.66%of the construction costs approved on the E-76 Authorization to Proceed
to Construction which includes contingency costs and Construction Engineering costs.
CONCLUSION
Awarding the construction contract to LC General Engineering &Construction,Inc.of San Francisco,CA,for
the Grand Boulevard Initiative Project - Phase I and II will provide key improvements along El Camino Real.
Attachments:
1.Vicinity Map
2.Bid Protest Letter
3.Bid Protest Response
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ATTACHMENT 1
VICINITY MAP
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-774 Agenda Date:6/13/2018
Version:1 Item #:3a.
Resolution awarding a construction contract to LC General Engineering &Construction,Inc.of San Francisco,
California for the Grand Boulevard Initiative Project -Phase I and II in an amount not to exceed $5,748,633
and authorizing a total construction budget not to exceed $7,769,368, and rejecting all bid protests.
WHEREAS,the Grand Boulevard Initiative (“Project”)is a collaboration of 19 cities,counties,local and
regional agencies united to improve the performance, safety, and aesthetics of El Camino Real; and
WHEREAS,the City of South San Francisco (“City”)portion of the Project starts at McClellan Drive and ends
at Chestnut Avenue, which is approximately one mile; and
WHEREAS,the City applied for several grants to help fund the construction of the Project located within the
City; and
WHEREAS,in 2013,the City received a grant in the amount of $1,000,000 from the One Bay Area Grant
(OBAG) program to fund the Arroyo Drive and Chestnut Avenue (“Phase I”) portion; and
WHEREAS,in 2014,the City received a grant in the amount $1,991,000 from City/County Association of
Governments (C/CAG)State Transportation Improvement Program and Transportation Enhancement to fund
the McClellan Drive to Kaiser Way (“Phase II”) portion; and
WHEREAS,staff is combining the Project’s Phase I and Phase II to bid and award as one larger project to
allow for more competitive bids; and
WHEREAS, Staff advertised a notice inviting bids for the project on March 28, 2018, and April 4, 2018; and
WHEREAS,On May 8,2018,staff received two (2)bids in response,from LC General Engineering &
Construction,Inc.of San Francisco,California (“LC General”)and Redgwick Construction Company
(“Redgwick”); and
WHEREAS, following the bid opening, the City received a timely bid protest from Redgwick; and
WHEREAS,after carefully reviewing the bid protest and consulting with the City Attorney’s office,City staff
has determined that the LC General’s bid, the apparent low bidder, is responsive; and
WHEREAS,the City staff recommends that the City Council award the construction contract to LC General,
the lowest responsible bidder who is responsive to the bid,and authorize the City Manager execute the
construction contract with LC General; and
WHEREAS,the Phase I of the project is included in the City of South San Francisco’s Fiscal Year 2018-19
Capital Improvement Program (Project No.st1403)with the anticipation that sufficient funds allocated to cover
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Capital Improvement Program (Project No.st1403)with the anticipation that sufficient funds allocated to cover
the project cost; and
WHEREAS,for Phase I City may obtain 67.11%reimbursement of the participating construction costs for the
construction contract,construction contingency used for contract change orders,and construction engineering
from the OBAG grant.
WHEREAS,the Phase II of the project is included in the City of South San Francisco’s Fiscal Year 2018-19
Capital Improvement Program (Project No.st1502)with the anticipation that sufficient funds allocated to cover
the project cost; and
WHEREAS,for Phase II the City may obtain 62.66%reimbursement of the participating construction costs for
the construction contract,construction contingency used for contract change orders,and construction
engineering from the TCSP grant.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City
Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,for the Grand
Boulevard Initiative Project Phase I and II to LC General Engineering &Construction,Inc.of San Francisco,
California,in an amount not to exceed $5,748,632.20 conditioned on LC General Engineering &Construction,
Inc.timely execution of the Project contact and submission of all required documents,including but not limited
to, certificates of insurance and endorsement, in accordance with the Project documents.
BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council
hereby rejects all bid protests.
BE IT FURTHER RESOLVED the City Council authorizes a total project construction budget of $7,769,368.
BE IT FURTHER RESOLVED the City Council authorizes the Finance Department to establish the Project
Budget consistent with the information contained in the staff report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement and any
other related documents on behalf of the City upon timely submission by LC General Engineering &
Construction, Inc. of the signed contract and all other documents, subject to approval by the City Attorney.
BE IT FURTHER RESOLVED that the city Council authorizes the City Manager to take any other related
actions consistent with the intention of the Resolution.
*****
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SOUTH SAN FRANCISCO
GRAND BOULEVARD INITIATIVE PROJECT
Engineering File No./Project No. (North): ST-14-5/ST1502
Engineering File No./Project No. (South): ST-13-6/ST1403
Bid No.: 2599
PART I - PROPOSAL
PROPOSAL FORMS
FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS
FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS
TABLE OF CONTENTS
Page No.
1. Scope of Work A-3
2. The Contract Documents A-3
3. Equipment - Performance of Work A-4
4. Contract Price A-4
5. Rights of City to Increase Working Days A-4
6. Option of City to Terminate Agreement in Event
of Failure to Complete Work A-5
7. Termination of Contract for Convenience A-5
8. Performance by Sureties A-8
9. Hold-Harmless Agreement and Contractor's Insurance A-8
10. Insurance A-8
11. Proof of Carriage of Insurance A-10
12. Provisions Cumulative A-10
13. Form FHWA 1273 A-10
14. Federal Minimum Wage Rates A-10
15. Notices A-10
16. Interpretation A-10
Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention
Attachment B – FHWA Form 1273
Attachment C – Federal Minimum Wage Rates
Page A-1 of 11
FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT made and entered into this 13th, day of June, 2018, between the CITY OF
SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California,
hereinafter called “CITY”, and LC General Engineering & Construction, Inc., hereinafter called
“CONTRACTOR”1.
W I T N E S S E T H:
WHEREAS, City has taken appropriate proceedings to authorize construction of the public work
and improvements herein provided and execution of this contract.
WHEREAS, a notice was duly published for bids for the contract for the improvements
hereinafter described.
WHEREAS, on June 13, 2018, notice duly given, the City Council (“Council”) of said City
awarded the contract for the construction of the improvements hereinafter described to the Contractor,
which Contractor said Council found to be the lowest responsible bidder for said improvements.
WHEREAS, City and Contractor desire to enter into this agreement for the construction of said
improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and
other Contract Documents.
IT IS AGREED as follows:
1. Scope of Work. Contractor shall perform the Work described briefly as follows:
The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for
the construction of the El Camino Real Grand Boulevard Project - OBAG; in accordance with the
Contract Documents.
Also included are any such other items or details not mentioned above that are required by the
Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as
specified herein and as directed by the Engineer.
The aforementioned improvements are further described in the "Contract Documents" hereinafter
referred to.
2. The Contract Documents. The complete Contract consists of the following documents:
(A) Notice Inviting Bids
(B) Part I – Submitted Proposal (as accepted)
(C) This Agreement, including Contractor’s Payment Bond, Faithful Performance
Bond and Guaranty Bond.
(D) Part II – General Conditions
1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall
include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and
business or social invitees.
Page A-3 of 11
(E) Part III – Special Provisions: Special Conditions and Technical Specifications,
including State Standard Specifications dated 2015, sections 10-99, as revised in Revised
Standard Specifications (RSS) dated March 3, 2017.
(F) Part IV – Project Plans dated November 3, 2017
(G) Administrative subsections of the State Standard Specifications dated 2015, as
specifically referenced in contract Parts I-IV and as revised in RSS dated March 3, 2017.
All rights and obligations of City and Contractor are fully set forth and described in the contract
documents.
All of the above-named documents are intended to cooperate, so that any work called for in one
and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said
documents. The documents comprising the complete contract will hereinafter be referred to as “the
Contract Documents.”
3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment,
apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike
manner the Work of general construction as called for, and for the manner designated in, and in strict
conformity with, the plans and specifications for said Work entitled:
South San Francisco Grand Boulevard Initiative Project
The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work
performed and completed as required in said plans and specifications under the direction and supervision
and subject to the approval of the Engineer of said City or the Engineer’s designated assistant.
4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work
agreed to be done the sum of Five Million Seven Hundred Forty Eight Thousand Six Hundred Thirty
Nine Dollars ($5,748,639). Said price is determined by the lump sum price contained in Contractor's bid
proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached
hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials
furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and
materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as
hereinafter provided.
5. Rights of City to Increase Working Days. If such Work is not completed within the time
specified, the Engineer shall have the right to increase the number of working days in the amount it may
determine will best serve the interest of the City. If it desires to increase said number of working days, it
shall have the further right to charge to Contractor and deduct from the final payment for the Work the
actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly
chargeable to Contractor and which accrue during the period of such extension, except that the cost of the
final service and preparation of the final estimates shall not be included in such charges, provided,
however, that no extension of time for the completion of such Work shall be allowed unless at least
twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the
Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in
writing with the Engineer.
Page A-4 of 11
6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any
time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any
severable part thereof, with such diligence as will insure its work, or any completion within the time
specified, or any extensions thereof, or shall have failed to complete said work within such time, or if
Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the
benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's
insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement,
the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate
this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and
unless within five calendar (5) days after the serving of such notice, such violation shall cease and
satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City,
upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above
the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable
therefore. In the event of such termination, all money due the Contractor or retained under the terms of
this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the
Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s
sureties will be credited with the amount of money so forfeited toward any excess of cost over and above
the contract price, arising from the suspension termination of the operations of the contract and the
completion of the Work by the City as above provided, and the Contractor will be so credited with any
surplus remaining after all just claims for such completion have been paid.
In the determination of the question whether there has been any such noncompliance with the
contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall
be binding on all parties to the contract.
7. Termination of Contract for Convenience. The City also reserves the right to terminate
the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that
termination of the contract is in the best interest of the City. If the City elects to terminate the contract for
convenience, the termination of the contract and the total compensation payable to the Contractor shall be
governed by the following:
(A) The City will issue the Contractor a written notice signed by the Engineer,
specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be
relieved of further responsibility for damage to the Work (excluding materials) as specified in Section
VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise
directed in writing by the Engineer, the Contractor shall:
(1) Stop all work under the contract except that specifically directed to be completed prior to
acceptance.
(2) Perform work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment and plant from the site of the Work.
(4) Take such action as is necessary to protect materials from damage.
(5) Notify all subcontractors and suppliers that the contract is being terminated and that their
contracts or orders are not to be further performed unless otherwise authorized in writing by the
Engineer.
Page A-5 of 11
(6) Provide the Engineer with an inventory list of all materials previously produced,
purchased or ordered from suppliers for use in the Work and not yet used in the Work, including
its storage location, and such other information as the Engineer may request.
(7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the
Contractor's responsibility to provide the City with good title to all materials purchased by the
City hereunder, including materials for which partial payment has been made as provided in
Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other
documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and
all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent
directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of
the Contractor under subcontracts or orders for materials terminated hereunder.
(9) Furnish the Engineer with the documentation required to be furnished by the Contractor
under the provisions of the contract, including, on projects as to which Federal and State funds
are involved, all documentation required under the Federal and State requirements included in the
contract.
(10) Take such other actions as the Engineer may direct.
(B) Acceptance of the contract as hereinafter specified shall not relieve the
Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for
damage to materials after issuance of the Notice of Termination, except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has
been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for
materials furnished by the City for use in the Work and unused shall terminate when the Engineer
certifies that such materials have been stored in the manner and at the locations the Engineer has
directed.
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent
to the issuance of the notice that the contract is to be terminated shall terminate when title and
delivery of such materials has been taken by the City.
(3) When the Engineer determines that the Contractor has completed the Work under the
contract directed to be completed prior to termination and such other work as may have been
ordered to secure the project for termination, the Contractor will recommend that the Engineer
formally accept the contract to the extent performed, and immediately upon and after such
acceptance by the Engineer, the Contractor will not be required to perform any further Work
thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons
or property which occurs after the formal acceptance of the project by the Engineer.
(C) Termination of the contract shall not relieve the surety of its obligation for any
just claims arising out of the work performed.
(D) The total compensation to be paid to the Contractor shall be determined by the
Engineer on the basis of the following:
Page A-6 of 11
(1) The reasonable cost to the Contractor, without profit, for all work performed under the
contract, including mobilization, demobilization and work done to secure the project for
termination. In determining the reasonable cost, deductions will be made for the cost of materials
to be retained by the Contractor, amounts realized by the sale of materials, and for other
appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of
a contract item of work is excessively high due to costs incurred to remedy or replace defective or
rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of
performing such work in compliance with the requirements of the plans and specifications and the
excessive actual cost shall be disallowed.
(2) A reasonable allowance for profit on the cost of the work performed as determined under
Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is
reasonably probable that the Contractor would have made a profit had the contract been
completed and provided further, that the profit allowed shall in no event exceed four (4) percent
of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor,
delivered to the City, or otherwise disposed of as directed by the Engineer.
(4) A reasonable allowance for the Contractor’s administrative costs in determining the
amount payable due to termination of the contract.
(5) A reasonable credit to the City for defective or incomplete work not corrected.
All records of the Contractor and subcontractors necessary to determine compensation in
accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of
the City at all times after issuance of the Notice of Termination and for a period of three (3) years,
thereafter, and such records shall be retained for that period.
After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of
interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final
Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with
all amounts previously paid or allowed, will not result in total compensation in excess of that to which the
Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to
deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the
contract.
If this contract is terminated by the City for cause, and it is later determined that the proper basis
for a termination for cause did not exist, the termination shall be deemed to have been a termination for
convenience and governed by the terms of this contract dealing with such termination.
If the contract is terminated by the City for cause or convenience, such termination shall neither
act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed
by the Contractor nor void any warranties applicable to the Work performed under the contract.
The provisions of this Section 5 shall be included in all subcontracts.
In the event of conflict between the termination provisions of this Section 8 and any other
provision or the contract, this Section 5 shall prevail.
Page A-7 of 11
8. Performance by Sureties. In the event of any termination as herein before provided, City
shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall
have the right to take over and perform the Agreement, provided, however, that if the sureties, within five
(5) working days after giving them said notice of termination, do not give the City written notice of their
intention to take over the performance of the Agreement and do not commence performance thereof
within five (5) working days after notice to the City of such election, City may take over the Work and
prosecute the same to completion by contract or by any other method it may deem advisable, for the
account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or
damages occasioned City thereby; and, in such event, City may, without liability for so doing, take
possession of and utilize in completing the Work such materials, appliances, plant, and other property
belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor
contract in an individual capacity, the surety bond shall contain the following provision: “Should
Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve
the surety of its obligations.”
9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall,
hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability
for damage or claims for damage for personal injury, including death, as well as from claims for property
damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement,
whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or
more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor
or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards,
officers, agents, and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations, provided as follows:
(A) The City does not, and shall not, waive any rights against Contractor which it may have
by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the
deposit with City by Contractor, of any of the insurance policies hereinafter described in
Paragraph 15, “Insurance” hereof.
(B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of
the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages or claims
for damages.
10. Insurance. The Contractor shall take out and maintain during the life of this Agreement
the following policies of insurance:
(A) Workers' Compensation and Employers' Liability Insurance providing full
statutory coverage.
In signing this Agreement, the Contractor makes the following certification, required by
Section 1861 of the California Labor Code:
"I am aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation
or to undertake self-insurance in accordance with the provisions of that Code, and
I will comply with such provisions before commencing the performance of the
work of this contract".
Page A-8 of 11
(B) Comprehensive General Liability Insurance.
Public Liability Insurance (includes premises, elevator - if applicable, products,
completed operations, personal injury and contractual):
(1) Bodily Injury Liability:
$ 500,000 each person $1,000,000 each occurrence
(2) Property Damage Liability [includes XCU (explosion, collapse, and underground
damage); water damage and broad form property damage or third party liability]:
$ 500,000 per occurrence
(C) Comprehensive Automobile Liability Insurance (includes owned, non-owned,
and hired vehicles):
(1) Bodily Injury Liability:
$ 500,000 per person $1,000,000 each occurrence
(2) Property Damage Liability:
$ 500,000 each occurrence
(D) It is agreed that the insurance required by Subsections B and C, in an aggregate
amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall
be extended to include as additional insured the City of South San Francisco, its elective and appointive
boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor,
as described herein. Evidence of this insurance described above shall be provided to City upon execution
of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier.
The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced
or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following
endorsement shall be made on said policy of insurance:
"The following are named as additional insured on the above policies: The City of South
San Francisco, its elective and appointive boards, officers, agents, and employees."
"Notwithstanding any other provision in this policy, the insurance afforded hereunder to
the City of South San Francisco shall be primary as to any other insurance or re-insurance
covering or available to the City of South San Francisco, and such other insurance or
reinsurance shall not be required to contribute to any liability or loss until and unless the
approximate limit of liability afforded hereunder is exhausted."
The above requirements that the City be named as additional insured, that the insurance
shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in
the form of an endorsement signed by an authorized representative of the insurance company providing
coverage, who shall declare his or her authority to sign on behalf of the insurer.
Page A-9 of 11
11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer,
concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and
that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change
of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy
includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s
liability, or which has the effect of providing that payments of the self-insured retention by others,
including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions
must be modified by special endorsement so as to not apply to the additional insured coverage required by
this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any self-insured retention
and also must disclose the deductible.
12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition
to and not in limitation of, any other rights or remedies available to City.
13. Form FHWA 1273. For a Federal-aid contract, form FHWA-1273 is included in this
Agreement as Attachment B. Comply with its provisions. Interpret the training and promotion section as
specified in section 7-1.11A of the State Standard Specifications.
14. Federal Minimum Wage Rates – For a Federal-aid contract, federal minimum wage rates
apply and are included in the Agreement as Attachment C.
15. Notices. All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
City Clerk
City Hall, 400 Grand Avenue
South San Francisco, California 94080
Notices required to be given to Contractor shall be addressed as follows:
LC General Engineering & Construction, Inc.
1596 Hudson Avenue
San Francisco, California 94124
Notices required to be given sureties of Contractor shall be addressed as follows:
Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as
follows:
16. Interpretation. As used herein, any gender includes each other gender, the singular
includes the plural, and vice versa.
Page A-10 of 11
IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve
(12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed
an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and
year first hereinabove written.
ATTEST: CITY: City of South San Francisco,
a municipal corporation
By:
City Clerk Mike Futrell, City Manager
ATTEST:
CONTRACTOR:
By:
(If Contractor is an individual, so state.
If Contractor is a Corporation, a corporate seal
or signatures of the President or Vice President
and the Secretary Treasurer are required).
Page A-11 of 11
ATTACHMENT A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between the City of South
San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083,
hereinafter referred to as "City," and ,whose address
is , hereinafter called
“Contractor” and ,whose
address is , hereinafter called
“Escrow Agent.”
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by Owner pursuant to the Construction Contract entered into between the
Owner and Contractor for in the amount of dollars ($ )
dated (hereinafter referred to as the “Contract”). Alternately, on written request of the
Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the Owner within 10 working days of the deposit. The market value of the securities at
the time of the substitution shall be at least equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the Owner and Contractor. Securities shall be held
in the name of , and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for those funds which
otherwise would be withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
3. When the Owner makes payment of retentions earned directly to the Escrow Agent,
the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow
created under this contract is terminated. The Contractor may direct the investment of the payments
into securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses
and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow
and all interest earned on that interest shall be for the sole account of Contractor and shall be subject
to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written authorization from
the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by
the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default,
the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as
instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is
final and complete, and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on
deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the
Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive
written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
on the date first set forth above.
Owner: Contractor:
Title Title
Name Name
Signature Signature
Approved as to form: Attest:
City Attorney Date City Clerk
ATTACHMENT B
FORM 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X. Compliance with Governmentwide Suspension and Debarment
Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development
Highway System or Appalachian Local Access Road Contracts (included
in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding purchase
orders, rental agreements and other agreements for supplies or
services).
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible
for compliance by any subcontractor, lower-tier subcontractor or service
provider.
Form FHWA-1273 must be included in all Federal-aid design-build
contracts, in all subcontracts and in lower tier subcontracts (excluding
subcontracts for design services, purchase orders, rental agreements
and other agreements for supplies or services). The design-builder shall
be responsible for compliance by any subcontractor, lower-tier
subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal
or request for proposal documents, however, the Form FHWA-1273 must
be physically incorporated (not referenced) in all contracts, subcontracts
and lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following sections,
these contract provisions shall apply to all work performed on the
contract by the contractor's own organization and with the assistance of
workers under the contractor's immediate superintendence and to all
work performed on the contract by piecework, station work, or by
subcontract.
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of progress
payments, withholding of final payment, termination of the contract,
suspension / debarment or any other action determined to be appropriate
by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the
contractor shall not use convict labor for any purpose within the limits of
a construction project on a Federal-aid highway unless it is labor
performed by convicts who are on parole, supervised release, or
probation. The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable
to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are
not applicable to material supply, engineering, or architectural service
contracts.
In addition, the contractor and all subcontractors must comply with the
following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
amended, and related regulations including 49 CFR Parts 21, 26 and 27;
and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and,
for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine
compliance with Executive Order 11246 and the policies of the Secretary
of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting
agency and the FHWA have the authority and the responsibility to
ensure compliance with Title 23 USC Section 140, the Rehabilitation Act
of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR Parts 21,
26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix A, with
appropriate revisions to conform to the U.S. Department of Labor (US
DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity
(EEO) requirements not to discriminate and to take affirmative action to
assure equal opportunity as set forth under laws, executive orders, rules,
regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60
and 49 CFR 27) and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
shall constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set
forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
in this contract. In the execution of this contract, the contractor agrees to
comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to provide
equal opportunity with respect to all of its terms and conditions of
employment and in their review of activities under the contract.
b. The contractor will accept as its operating policy the following
statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment, without
regard to their race, religion, sex, color, national origin, age or
disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship, pre-apprenticeship, and/or on-
the-job training."
2. EEO Officer: The contractor will designate and make known to the
contracting officers an EEO Officer who will have the responsibility for
and must be capable of effectively administering and promoting an
active EEO program and who must be assigned adequate authority and
responsibility to do so
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy and
contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minorities
and women in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the
contractor will identify sources of potential minority group
employees, and establish with such identified sources procedures
whereby minority and women applicants may be referred to the
contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, the contractor is
expected to observe the provisions of that agreement to the
extent that the system meets the contractor's compliance with
EEO contract provisions. Where implementation of such an
agreement has the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such
implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer
minorities and women as applicants for employment. Information
and procedures with regard to referring such applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or
disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with
its obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are applicants
for employment or current employees. Such efforts should be
aimed at developing full journey level status employees in the
type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a special
provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special
provision. The contracting agency may reserve training positions
for persons who receive welfare assistance in accordance with 23
U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and women
and will encourage eligible employees to apply for such training
and promotion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use good faith
efforts to obtain the cooperation of such unions to increase
opportunities for minorities and women. Actions by the
contractor, either directly or through a contractor's association
acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minorities and women for membership in the
unions and increasing the skills of minorities and women so that
they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such union
will be contractually bound to refer applicants without regard to
their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the contracting
agency and shall set forth what efforts have been made to obtain
such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth in
the collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, national origin, age or
disability; making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide sufficient
referrals (even though it is obligated to provide exclusive referrals
under the terms of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. In
the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall
immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established there under.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s
U.S. DOT-approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration
of DOT-assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy
as the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following the date of the final payment to the contractor for
all contract work and shall be available at reasonable times and
places for inspection by authorized representatives of the
contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non-minority
group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of the
project, indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is to
be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of the
last payroll period preceding the end of July. If on-the-job training
is being required by special provision, the contractor will be
required to collect and report training data. The employment data
should reflect the work force on board during all or any part of the
last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of $10,000
or more.
The contractor must ensure that facilities provided for employees
are provided in such a manner that segregation on the basis of
race, color, religion, sex, or national origin cannot result. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom. The
contractor's obligation extends further to ensure that its
employees are not assigned to perform their services at any
location, under the contractor's control, where the facilities are
segregated. The term "facilities" includes waiting rooms, work
areas, restaurants and other eating areas, time clocks, restrooms,
washrooms, locker rooms, and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy between
sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway
that is functionally classified as Federal-aid highway. This
excludes roadways functionally classified as local roads or rural
minor collectors, which are exempt. Contracting agencies may
elect to apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 “Contract provisions and related
matters” with minor revisions to conform to the FHWA-1273
format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the
site of the work, will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) 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.d. of this section; also, regular contributions made or
costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR
5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage
determination (including any additional classification and wage
rates conformed under paragraph 1.b. of this section) and the
Davis-Bacon poster (WH–1321) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by
the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only
when the following criteria have been met:
(i) The work to be performed by the classification requested
is not performed by a classification in the wage determination;
and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the 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
Wage and Hour Administrator for determination. The Wage and
Hour Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day
on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall
pay another bona fide fringe benefit or an hourly cash equivalent
thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under
a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, that the
applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a
separate account assets for the meeting of obligations under the
plan or program.
2. Withholding
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor under
this contract, or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to
Davis-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount
of wages required by the contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part of
the wages required by the contract, the contracting agency may,
after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records shall
contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include
an individually identifying number for each employee ( e.g. , the
last four digits of the employee's social security number). The
required weekly payroll information may be submitted in any form
desired. Optional Form WH–347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the
State DOT, the FHWA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the
contracting agency..
(2) Each payroll submitted shall be accompanied by a “Statement
of Compliance,” signed by the contractor or subcontractor or his
or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated
into the contract.
(3) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH–347 shall
satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized representatives
of the contracting agency, the State DOT, the FHWA, or the
Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or
to make them available, the FHWA may, after written notice to the
contractor, the contracting agency or the State DOT, take such
action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction
on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages
of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified
in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by
the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed
until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted
to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in
the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides
for less than full fringe benefits for apprentices. Any employee
listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. The straight time
hourly wage rates for apprentices and trainees under such
programs will be established by the particular programs. The ratio
of apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor 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
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with
all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a 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.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to the
clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this
paragraph, the terms laborers and mechanics include watchmen
and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours
in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in
such workweek.
2. Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in paragraph
(1.) of this section, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the
clause set forth in paragraph (1.) of this section, in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or
upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in
paragraph (2.) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph (1.) through
(4.) of this section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs (1.) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated
by the contracting agency. Specialty items may be performed by
subcontract and the amount of any such specialty items
performed may be deducted from the total original contract price
before computing the amount of work required to be performed by
the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to
workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor, agents
of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from
an employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions:
(1) the prime contractor maintains control
over the supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of
the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude
individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal
regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations
qualified and expected to bid or propose on the contract as a
whole and in general are to be limited to minor components of the
overall contract.
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the contracting agency
has assured that each subcontract is evidenced in writing and that
it contains all pertinent provisions and requirements of the prime
contract.
5. The 30% self-performance requirement of paragraph (1) is not
applicable to design-build contracts; however, contracting
agencies may establish their own self-performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the contracting
officer may determine, to be reasonably necessary to protect the
life and health of employees on the job and the safety of the
public and to protect property in connection with the performance
of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal-aid
highway projects, it is essential that all persons concerned with
the project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the project
is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, Form FHWA-
1022 shall be posted on each Federal-aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to be
used, or the quantity or quality of the work performed or to be
performed, or the cost thereof in connection with the submission
of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the
Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved
by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads
Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the performance
of this contract is not prohibited from receiving an award due to a
violation of Section 508 of the Clean Water Act or Section 306 of
the Clean Air Act.
2. That the contractor agrees to include or cause to be included
the requirements of paragraph (1) of this Section X in every
subcontract, and further agrees to take such action as the
contracting agency may direct as a means of enforcing such
requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first
tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in
connection with the department or agency's determination
whether to enter into this transaction. However, failure of the
prospective first tier participant to furnish a certification or an
explanation shall disqualify such a person from participation in
this transaction.
c. The certification in this clause is a material representation of
fact upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first tier participant shall provide immediate
written notice to the contracting agency to whom this proposal is
submitted if any time the prospective first tier participant learns
that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. “First Tier Covered Transactions” refers to any
covered transaction between a grantee or subgrantee of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant who
has entered into a covered transaction with a grantee or
subgrantee of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier Participant
or other Lower Tier Participants (such as subcontractors and
suppliers).
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions," provided
by the department or contracting agency, entering into this
covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not
required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services
Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause. The
knowledge and information of the prospective participant is not
required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department
or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
(a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any
of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
“First Tier Covered Transactions” refers to any covered
transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). “Lower
Tier Covered Transactions” refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
“First Tier Participant” refers to the participant who has entered
into a covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not
required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services
Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission
of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed $100,000
(49 CFR 20).
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C.
1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid
or proposal that the participant shall require that the language of
this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
ATTACHMENT C
FEDERAL MINIMUM WAGE RATES
<to be attached upon execution>