HomeMy WebLinkAboutPower Design Electric Bid 12302722-12949 - 9-28-23 w- - .
CONTRACT C1
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and Power Design Electric, a California corporation (Contractor) as follows:
1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal,"
and the "Specifications" including "General Conditions," "Special Conditions," and "Technical
Specifications" for the following: PWO0930 Shaw Avenue Lighting htin Project - STPI_ 5060 374 Bid File
No. 12302722 - 12949) copies of which are annexed hereto, together with all the drawings, plans, and
documents specifically referred to in said annexed documents, including Performance and Payment Bonds,
if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the
Contract Documents.
2. Price and Work. For the monetary consideration of Six Hundred
Forty Nine Thousand Eight Hundred Sixty-Five Dollars and Zero Cents $649 865.00 , as set forth in
the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and
workmanlike manner, under the direction and to the satisfaction of the City's "Engineer," and in strict
accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. Payment. City accepts Contractor's Bid Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents. The Contractor agrees to accept electronic payment from City.
4. Indemnification. To the furthest extent allowed by law including California Civil Code
Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and
damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at
any time and property damage) incurred by City, Contractor or any other person, and from any and all
claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or
alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations
under the preceding sentence shall apply regardless of whether City or any of its officers, officials,
employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of
City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract,
Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Contract.
5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of
the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith.
6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of
the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for worker's compensation or
to undertake self-insurance in accordance with the provisions of that Code, and I
will comply with such provisions before commencing the performance of work of
this Contract and will make my subcontractors aware of this provision.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here
below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this
Contract shall be binding and effective upon execution by both parties.
Power Design Electric, CITY OF FRE ,
a California orporation a Californ i " corporation
By: ey:
st, PE
Name: r apitaf Projects Department
(Type or print written signature.)
yy � Dated: �711, T��
Title: 15 3
(If corporation LLC, Board Ch4ir,
Pres. or Vice Pres.) ATTEST:
/ Todd Stermer,CMC
Dated:/ 3 City Clerk �21
B —Deputy
By:
Name: No signature of City Attorney required.
(Type or print written signature.) Standard Document#DPW 23.0 PWI has been
used wit ut modification, as certified by the
Title: undersi ned.
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary) By:
truction Com li ce Specialist
Dated. Capital Projects Department
City address:
City of Fresno
1721 Van Ness
Fresno, CA 93721
Attachment:
Form 1273
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Local Assistance Procedures Manual EXHIBIT 12-G
Required Federal-Aid Contract Language
I. General 3. A breach of any of the stipulations contained in these Required
II. Nondiscrimination Contract Provisions may be sufficient grounds for withholding of
III. No segregated Facilities progress payments,withholding of final payment,termination of the
IV. Davis-Bacon and Related Act Provisions contract,suspension/debarment or any other action determined to
V. Contract Work Hours and Safety Standards Act be appropriate by the contracting agency and FHWA.
Provisions
Vl. Subletting or Assigning the Contract 4. Selection of Labor: During the performance of this contract,the
VII. Safety: Accident Prevention contractor shall not use convict labor for any purpose within the
Vill. False Statements Concerning Highway Project limits of a construction project on a Federal-aid highway unless it is
IX. Implementation of Clean Air Act and Federal Water Pollution labor performed by convicts who are on parole,supervised release,
Control Act or probation.23 U.S.C. 114(b).The term Federal-aid highway does
X. Certification Regarding Debarment,Suspension,Ineligibility,and not include roadways functionally classified as local roads or rural
Voluntary Exclusion minor collectors. 23 U.S.C. 101 (a).
XI. Certification Regarding Use of Contract Funds for Lobbying
XII. Use of United States-Flag Vessels
II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230,
ATTACHMENTS Subpart A,Appendix A;EO 11426)
A. Employment and Materials Preference for Appalachian Development The provisions of this section related to 23 CFR Part 230 Subpart
Highway System or Appalachian Local Access Road Contracts(included A, Appendix A are applicable to all Federal-aid construction
in Appalachian contracts only) 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.
I. GENERAL
In addition,the contractor and all subcontractors must comply with
1. Form FHWA-1273 must be physically incorporated in each construction the following policies:Executive Order 11246,41 CFR Part 60,29
contract funded under title 23, United States Code,as required in 23 CFR CFR Parts 1625-1627, Title 23 U.S.C. 140, Section 504 of the
633 102(b) (excluding emergency contracts solely intended for debris Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of
removal). The contractor(or subcontractor)must insert this form in each the Civil Rights Act of 1964,as amended(42 U S.C.2000d et seq),
subcontract and further require its inclusion in all lower tier subcontracts and related regulations including 49 CFR Parts 21,26 and 27;and
(excluding purchase orders, rental agreements and other agreements for 23 CFR Parts 200,230,and 633
supplies or services). 23 CFR 633.102(e).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are incorporated by requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)
reference for work done under any purchase order, rental agreement or and,for all construction contracts exceeding$10,000,the Standard
agreement for other services The prime contractor shall be responsible Federal Equal Employment Opportunity Construction Contract
for compliance by any subcontractor, lower-tier subcontractor or service Specifications in 41 CFR 60-4.3.
provider. 23 CFR 633.102(e).
Note: The U.S. Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design-build determine compliance with Executive Order 11246 and the policies
contracts, in all subcontracts and in lower tier subcontracts (excluding of the Secretary of Labor including 41 CFR Part 60, and 29 CFR
subcontracts for design services,purchase orders,rental agreements and Parts 1625-1627. The contracting agency and the FHWA have the
other agreements for supplies or services), in accordance with 23 CFR authority and the responsibility to ensure compliance with 23 U.S.C.
633.102. The design-builder shall be responsible for compliance by any 140, Section 504, of the Rehabilitation Act of 1973, as amended
subcontractor, lower-tier subcontractor or service provider. (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq), and related regulations
Contracting agencies may reference Form FHWA-1273 in solicitation-for- including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,
bids or request-for-proposal documents, however,the Form FHWA-1273 and 633.
must be physically incorporated (not referenced) in all contracts,
subcontracts and lower-tier subcontracts (excluding purchase orders, The following provision is adopted from 23 CFR Part 230,Subpart
rental agreements and other agreements for supplies or services related A, Appendix A, with appropriate revisions to conform to the U.S.
to a construction contract).23 CFR 633.102(b) Department of Labor(US DOL)and FHWA requirements.
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. 23 CFR
633 102(d).
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Local Assistance Procedures Manual EXHIBIT 12-G
Required Federal-Aid Contract Language
6.Training and Promotion: 8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the
a. The contractor will assist in locating, qualifying, and increasing the requirements for and comply with the Americans with Disabilities
skills of minorities and women who are applicants for employment or Act and all rules and regulations established there under.
current employees. Such efforts should be aimed at developing full Employers must provide reasonable accommodation in all
journey level status employees in the type of trade or job classification employment activities unless to do so would cause an undue
involved. hardship.
b. Consistent with the contractor's work force requirements and as 9. Selection of Subcontractors, Procurement of Materials and
permissible under Federal and State regulations,the contractor shall make Leasing of Equipment: The contractor shall not discriminate on
full use of training programs, i.e., apprenticeship, and on-the-job training the grounds of race,color, religion,sex,sexual orientation,gender
programs for the geographical area of contract performance. In the event identity, national origin, age or disability in the selection and
a special provision for training is provided under this contract, this retention of subcontractors,including procurement of materials and
subparagraph wilt be superseded as indicated in the speciat provision.The leases of equipment. The contractor shall take all necessary and
contracting agency may reserve training positions for persons who receive reasonable steps to ensure nondiscrimination in the administration
welfare assistance in accordance with 23 U.S.C. 140(a). of this contract.
c The contractor will advise employees and applicants for employment a. The contractor shall notify all potential subcontractors and
of available training programs and entrance requirements for each. suppliers and lessors of their EEO obligations under this contract.
d. The contractor will periodically review the training and promotion b. The contractor will use good faith efforts to ensure
potential of employees who are minorities and women and will encourage subcontractor compliance with their EEO obligations.
eligible employees to apply for such training and promotion.
10. Assurances Required:
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 a. The requirements of 49 CFR Part 26 and the State DOT's
cooperation of such unions to increase opportunities for minorities and FHWA- approved Disadvantaged Business Enterprise (DBE)
women. 23 CFR 230.409. Actions by the contractor, either directly or program are incorporated by reference.
through a contractor's association acting as agent, will include the
procedures set forth below: b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race,color,national origin,or sex in the
a. The contractor will use good faith efforts to develop, in cooperation performance of this contract. The contractor shall carry out
with the unions, joint training programs aimed toward qualifying more applicable requirements of 49 CFR Part 26 in the avvard and
minorities and women for membership in the unions and increasing the administration of DOT-assisted contracts. Failure by the contractor
skills of minorities and women so that they may qualify for higher paying to carry out these requirements is a material breach of this contract,
employment. %vhich may result in the termination of this contract or such other
remedy as the contracting agency deems appropriate, which may
b The contractor will use good faith efforts to incorporate an EEO include,but is not limited to:.
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race, color, (1) Withholding monthly progress payments;
religion, sex, sexual orientation, gender identity, national origin, age or (2) Assessing sanctions;
disability. (3) Liquidated damages;and/or
(4) Disqualifying the contractor from future bidding as non-
c. The contractor is to obtain information as to the referral practices and responsible.
policies of the labor union except that to the extent such information is C. The Title VI and nondiscrimination provisions of U.S.
within the exclusive possession of the labor union and such labor union DOT Order 1050.2A at Appendixes A and E are incorporated by
refuses to furnish such information to the contractor,the contractor shall reference 49 CFR Part 21.
so certify to the contracting agency and shall set forth what efforts have
been made to obtain such information. 11.Records and Reports:The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
d. In the event the union is unable to provide the contractor with a Such records shall be retained for a period of three years following
reasonable flow of referrals within the time limit set forth in the collective the date of the final payment to the contractor for all contract work
bargaining agreement, the contractor will, through independent and shall be available at reasonable times and places for inspection
recruitment efforts, fill the employment vacancies without regard to race, by authorized representatives of the contracting agency and the
color,religion,sex,sexual orientation,gender identity,national origin,age FHWA.
or disability; making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide sufficient referrals a. The records kept by the contractor shall document the
(even though it is obligated to provide exclusive referrals under the terms following:
of a collective bargaining agreement)does not relieve the contractor from
the requirements of this paragraph. In the event the union referral practice (1)The number and work hours of minority and non-minority
prevents the contractor from meeting the obligations pursuant to Executive group members and women employed in each work
Order 11246, as amended, and these special provisions,such contractor classification on the project;
shall immediately notify the contracting agency.
(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;
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Local Assistance Procedures Manual EXHIBIT 12-G
Required Federal-Aid Contract Language
(3) In the event the contractor, the laborers or mechanics to be 3. Payrolls and basic records(29 CFR 5.5)
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage a. Payrolls and basic records relating thereto shall be maintained
rate (including the amount designated for fringe benefits, where by the contractor during the course of the work and preserved for a
appropriate), the contracting officer shall refer the questions, including period of three years thereafter for all laborers and mechanics
the views of all interested parties and the recommendation of the working at the site of the work. Such records shall contain the
contracting officer, to the Wage and Hour Administrator for name, address, and social security number of each such worker,
determination. The Wage and Hour Administrator, or an authorized his or her correct classification, hourly rates of wages paid
representative,will issue a determination within 30 days of receipt and (including rates of contributions or costs anticipated for bona fide
so advise the contracting officer or will notify the contracting officer within fringe benefits or cash equivalents thereof of the types described in
the 30-day period that additional time is necessary. section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly
number of hours worked,deductions made and actual wages paid.
(4) The wage rate (including fringe benefits where appropriate) Whenever the Secretary of Labor has found under 29 CFR
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this section,shall 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the
be paid to all workers performing work in the classification under this amount of any costs reasonably anticipated in providing benefits
contract from the first day on which work is performed in the under a plan or program described in section 1(b)(2)(B) of the
classification. Davis-Bacon Act,the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that
c. Whenever the minimum wage rate prescribed in the contract for a the plan or program is financially responsible, and that the plan or
class of laborers or mechanics includes a fringe benefit which is not program has been communicated in writing to the laborers or
expressed as an hourly rate,the contractor shall either pay the benefit as mechanics affected,and records which show the costs anticipated
stated in the wage determination or shall pay another bona fide fringe or the actual cost incurred in providing such benefits. Contractors
benefit or an hourly cash equivalent thereof. employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
d. If the contractor does not make payments to a trustee or other third programs and certification of trainee programs, the registration of
person,the contractor may consider as part of the wages of any laborer or the apprentices and trainees, and the ratios and wage rates
mechanic the amount of any costs reasonably anticipated in providing prescribed in the applicable programs.
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, b.(1)The contractor shall submit weekly for each week in which
that the applicable standards of the Davis-Bacon Act have been met.The any contract work is performed a copy of all payrolls to the
Secretary of Labor may require the contractor to set aside in a separate contracting agency. The payrolls submitted shall set out accurately
account assets for the meeting of obligations under the plan or program and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers
2. Withholding(29 CFR 5.5) and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
The contracting agency shall upon its own action or upon written request identifying number for each employee (e g., the last four digits of
of an authorized representative of the Department of Labor, withhold or the employee's social security number). The required weekly
cause to be withheld from the contractor under this contract, or any other payroll information may be submitted in any form desired.Optional
Federal contract with the same prime contractor, or any other federally- Form WH-347 is available for this purpose from the Wage and
assisted contract subject to Davis-Bacon prevailing wage requirements, Hour. The prime contractor is responsible for the submission of
which is held by the same prime contractor, so much of the accrued copies of payrolls by all subcontractors. Contractors and
payments or advances as may be considered necessary to pay laborers subcontractors shall maintain the full social security number and
and mechanics,including apprentices,trainees,and helpers,employed by current address of each covered worker, and shall provide them
the contractor or any subcontractor the full amount of wages required by upon request to the contracting agency for transmission to the State
the contract. In the event of failure to pay any laborer or mechanic, DOT,the FHWA or the Wage and Hour Division of the Department
including any apprentice, trainee, or helper, employed or working on the of Labor for purposes of an investigation or audit of compliance with
site of the work. all or part of the wages required by the contract, the prevailing wage requirements.It is not a violation of this section for
contracting agency may, after written notice to the contractor, take such a prime contractor to require a subcontractor to provide addresses
action as may be necessary to cause the suspension of any further and social security numbers to the prime contractor for its own
payment, advance, or guarantee of funds until such violations have records,without weekly submission to the contracting agency.
ceased
(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 29 CFR 5 5(a)(3)(ii),
the appropriate information is being maintained under 29 CFR
5.5(a)(3)(i),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;
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Local Assistance Procedures Manual EXHIBIT 12-G
Required Federal-Aid Contract Language
d. Apprentices and Trainees(programs of the U.S.DOT). V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Apprentices and trainees working under apprenticeship and skill training
programs which have been certified by the Secretary of Transportation as Pursuant to 29 CFR 5.5(b), the following clauses apply to any
promoting EEO in connection with Federal-aid highway construction Federal-aid construction contract in an amount in excess of
programs are not subject to the requirements of paragraph 4 of this $100,000 and subject to the overtime provisions of the Contract
Section IV.23 CFR 230.111(e)(2). The straight time hourly wage rates for Work Hours and Safety Standards Act. These clauses shall be
apprentices and trainees under such programs will be established by the inserted in addition to the clauses required by 29 CFR 5.5(a)or 29
particular programs.The ratio of apprentices and trainees to journeymen CFR 4.6. As used in this paragraph, the terms laborers and
shall not be greater than permitted by the terms of the particular program. mechanics include watchmen and guards.
5.Compliance with Copeland Act requirements. The contractor shall 1. Overtime requirements. No contractor or subcontractor
comply with the requirements of 29 CFR part 3,which are incorporated by contracting for any part of the contract work which may require or
reference in this contract as provided in 29 CFR 5.5. involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he
6. Subcontracts. The contractor or subcontractor shall insert Form or she is employed on such work to work in excess of forty hours in
FHWA-1273 in any subcontracts and also require the subcontractors to such workweek unless such laborer or mechanic receives
include Form FHWA-1273 in any lower tier subcontracts. The prime compensation at a rate not less than one and one-half times the
contractor shall be responsible for the compliance by any subcontractor or basic rate of pay for all hours worked in excess of forty hours in
lower tier subcontractor with all the contract clauses in 29 CFR 5.5. such workweek.29 CFR 5.5.
7. Contract termination:debarment. A breach of the contract clauses 2.Violation;liability for unpaid wages;liquidated damages In
in 29 CFR 5.5 may be grounds for termination of the contract, and for the event of any violation of the clause set forth in paragraph 1 of
debarment as a contractor and a subcontractor as provided in 29 CFR this section, the contractor and any subcontractor responsible
5.12. therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States(in
8. Compliance with Davis-Bacon and Related Act requirements. All the case of work done under contract for the District of Columbia or
rulings and interpretations of the Davis-Bacon and Related Acts contained a territory, to such District or to such territory), for liquidated
in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this damages. Such liquidated damages shall be computed with respect
contract as provided in 29 CFR 5.5. to each individual laborer or mechanic, including watchmen and
guards,employed In violation of the clause set forth in paragraph 1
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, of this section, in the sum currently provided in 29 CFR 5.5(b)(2)'
disputes arising out of the labor standards provisions of this contract shall for each calendar day on which such individual was required or
not be subject to the general disputes clause of this contract. Such permitted to work in excess of the standard workweek of forty hours
disputes shall be resolved in accordance with the procedures of the without payment of the overtime wages required by the clause set
Department of Labor set forth in 29 CFR parts 5.6,and 7.Disputes within forth in paragraph 1 of this section.
the meaning of this clause include disputes between the contractor(or any
of its subcontractors)and the contracting agency,the U.S.Department of '$27 as of January 23,2019(See 84 FR 213-01, 218)as may be
Labor,or the employees or their representatives. adjusted annually by the Department of Labor; pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990).
10.Certification of eligibility(29 CFR 5.5)
3.Withholding for unpaid wages and liquidated damages.The
a.By entering into this contract,the contractor certifies that neither it(nor FHWA or the contacting agency shall upon its own action or upon
he or she)nor any person or firm who has an interest in the contractor's written request of an authorized representative of the Department
firm is a person or firm ineligible to be awarded Government contracts by of Labor withhold or cause to be withheld, from any moneys
virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
b. No part of this contract shall be subcontracted to any person or firm contract with the same prime contractor, or any other federally-
ineligible for award of a Government contract by virtue of section 3(a) of assisted contract subject to the Contract Work Hours and Safety
the Davis-Bacon Act or 29 CFR 5.12(a)(1), Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities
c. The penalty for making false statements is prescribed in the U.S. of such contractor or subcontractor for unpaid wages and liquidated
Criminal Code, 18 U.S.C. 1001. 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.29 CFR 5.5.
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Local Assistance Procedures Manual EXHIBIT 12-G
Required Federal-Aid Contract Language
Whoever knowingly makes any false statement, false representation, c.The certification in this clause is a material representation of fact
false report or false claim with respect to the character, quality, quantity, upon which reliance was placed when the contracting agency
or cost of any work performed or to be performed, or materials furnished determined to enter into this transaction.If it is later determined that
or to be furnished, in connection with the construction of any highway or the prospective participant knowingly rendered an erroneous
related project approved by the Secretary of Transportation;or certification, in addition to other remedies available to the Federal
Government,the contracting agency may terminate this transaction
Whoever knowingly makes any false statement or false representation for cause of default.2 CFR 180.325
as to material fact in any statement, certificate, or report submitted
pursuant to provisions of the Federal-aid Roads Act approved July 1,1916, d. The prospective first tier participant shall provide immediate
(39 Stat.355),as amended and supplemented;shall be fined under this title written notice to the contracting agency to whom this proposal is
or imprisoned not more than 5 years or both." 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. 2 CFR 180.345
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER and 180.350.
POLLUTION CONTROL ACT(42 U.S.C.7606;2 CFR 200.88;E011738)
e. The terms "covered transaction," "debarred," "suspended,"
This provision is applicable to all Federal-aid construction contracts in "ineligible," "participant," "person," "principal," and "voluntarily
excess of$150,000 and to all related subcontracts. 48 CFR 2.101;2 CFR excluded,"as used in this clause,are defined in 2 CFR Parts 180,
200.326. Subpart I, 180.900-180.1020, and 1200 . "First Tier Covered
Transactions"refers to any covered transaction between a recipient
By submission of this bid/proposal or the execution of this contract or or subrecipient of Federal funds and a participant (such as the
subcontract,as appropriate,the bidder,proposer.Federal-aid construction prime or general contract). "Lower Tier Covered Transactions"
contractor, subcontractor, supplier, or vendor agrees to comply with all refers to any covered transaction under a First Tier Covered
applicable standards, or regulations issued pursuant to the Clean Air Act Transaction (such as subcontracts). "First Tier Participant" refers
(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act, as to the participant who has entered into a covered transaction with
amended (33 U.S.C. 1251-1387). Violations must be reported to the a recipient or subrecipient of Federal funds (such as the prime or
Federal Highway Administration and the Regional Office of the general contractor). "Lower Tier Participant"refers any participant
Environmental Protection Agency. 2 CFR Part 200,Appendix II. who has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants(such as subcontractors
The contractor agrees to include or cause to be included the and suppliers).
requirements of this Section in every subcontract,and further agrees to
take such action as the contracting agency may direct as a means of f. The prospective first tier participant agrees by submitting this
enforcing such requirements. 2 CFR 200.326. 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
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, ineligible, or voluntarily excluded from participation in this covered
INELIGIBILITY AND VOLUNTARY EXCLUSION transaction, unless authorized by the department or agency
entering into this transaction.2 CFR 180.330
This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts, purchase g.The prospective first tier participant further agrees by submitting
orders, lease agreements, consultant contracts or any other covered this proposal that it will include the clause titled "Certification
transaction requiring FHWA approval or that is estimated to cost$25,000 Regarding Debarment, Suspension. Ineligibility and Voluntary
or more— as defined in 2 CFR Parts 180 and 1200.2 CFR 180.220 and Exclusion-Lower Tier Covered Transactions," provided by the
1200.220. department or contracting agency, entering into this covered
transaction, without modification, in all lower tier covered
1. Instructions for Certification—First Tier Participants: transactions and in all solicitations for lower tier covered
transactions exceeding the$25,000 threshold 2 CFR 180.220 and
a. By signing and submitting this proposal, the prospective first tier 180.300
participant is providing the certification set out below.
h. A participant in a covered transaction may rely upon a
b The inability of a person to provide the certification set out below will not certification of a prospective participant in a lower tier covered
necessarily result in denial of participation in this covered transaction.The transaction that is not debarred,suspended, ineligible, or voluntarily
prospective first tier participant shall submit an explanation of why it cannot excluded from the covered transaction, unless it knows that the
provide the certification set out below.The certification or explanation will certification is erroneous. 2 CFR 180.300; 180.320, 180.325. A
be considered in connection with the department or agency's participant is responsible for ensuring that its principals are not
determination whether to enter into this transaction.However,failure of the suspended, debarred, or otherwise ineligible to participate in
prospective first tier participant to furnish a certification or an explanation covered transactions.2 CFR 180.335. To verify the eligibility of its
shall disqualify such a person from participation in this transaction.2 CFR principals, as well as the eligibility of any lower tier prospective
180,320 participants, each participant may, but is not required to,check the
System for Award Management website(https://www.sam.gov/) 2
CFR 180 300, 180.320,and 180 325.
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.
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Local Assistance Procedures Manual EXHIBIT 12-G
Required Federal-Aid Contract Language
2. This certification is a material representation of fact upon which
I. Except for transactions authorized under paragraph a of these reliance was placed when this transaction was made or entered
instructions,if a participant In a covered transaction knowingly enters into into. Submission of this certification is a prerequisite for making or
a lower tier covered transaction with a person who is suspended, entering into this transaction imposed by 31 U.S.C. 1352. Any
debarred, ineligible, or voluntarily excluded from participation in this person who faiis to file the required certification shall be subject to
transaction, in addition to other remedies available to the Federal a civil penalty of not less than$10,000 and not more than$100,000
Government, the department or agency with which this transaction for each such failure.
originated may pursue available remedies, including suspension and/or
debarment. 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 aIi[owe r tie rsubcontracts,which exceed
$100,000 and that all such recipients shall certify and disclose
Certification Regarding Debarment, Suspension, Ineligibility and accordingly.
Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant certifies,by submission of XII.USE OF UNITED STATES-FLAG VESSELS:
this proposal,that neither it nor its principals;
(a) is presently debarred, suspended, proposed for debarment, This provision is applicable to all Federal-aid construction
declared ineligible, or voluntarily excluded from participating in covered contracts, design-build contracts, subcontracts, Tower-tier
transactions by any Federal department or agency,2 CFR 180.355; subcontracts, purchase orders, lease agreements, or any other
(b) Is a corporation that has been convicted of a felony violation covered transaction.46 CFR Part 381.
under any Federal law within the two year period preceding this proposal
(USDOT Order 4200.6 implementing appropriations act requirements); This requirement applies to material or equipment that is acquired
and for a specific Federal-aid highway project.46 CFR 381.7. It is not
(c) is a corporation with any unpaid Federal tax liability that has applicable to goods or materials that come into inventories
been assessed, far which all judicial and administrative remedies have independent of an FHWA funded-contract.
been exhausted, or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for When oceanic shipments(or shipments across the Great Lakes)
collecting the tax liability. (USDOT Order 4200.6 implementing are necessary for materials or equipment acquired for a specific
appropriations act requirements) Federal-aid construction project, the bidder, proposer,
contractor,subcontractor,or vendor agrees:
2. Where the prospective lower tier participant is unable to certify to any
of the statements in this certification, such prospective participant shall 1. To utilize privately owned United States-flag commercial
attach an explanation to this proposal. vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material,
or commodities pursuant to this contract, to the extent such
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR vessels are available at fair and reasonable rates for United
LOBBYING States-flag commercial vessels.46 CFR 381.7.
This provision is applicable to all Federal-aid construction contracts and to 2. To furnish within 20 days following the date of loading for
all related subcontracts which exceed$100,000 49 CFR Part 20 App A. shipments originating within the United States or within 30
working days following the date of loading for shipments
1.The prospective participant certifies, by signing and submitting this bid originating outside the United States, a legible copy of a rated,
or proposal,to the best of his or her knowledge and belief,that: 'on-board' commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
a. No Federal appropriated funds have been paid or will be paid, by or to both the Contracting Officer(through the prime contractor in
on behalf of the undersigned, to any person for influencing or attempting the case of subcontractor bills-of-lading) and to the Office of
to influence an officer or employee of any Federal agency, a Member of Cargo and Commercial Sealift (MAR-620). Maritime
Congress, an officer or employee of Congress, or an employee of a Administration, Washington, DC 20590. (MARAD requires
Member of Congress in connection with the awarding of any Federal copies of the ocean carrier's (master) bills of lading, certified
contract,the making of any Federal grant,the making of any Federal loan, onboard,dated,with rates and charges.These bills of lading may
the entering into of any cooperative agreement, and the extension, contain business sensitive information and therefore may be
continuation, renewal, amendment, or modification of any Federal submitted directly to MARAD by the Ocean Transportation
contract,grant, loan,or cooperative agreement. Intermediary on behalf of the contractor).46 CFR 381.7.
b.If any funds otherthan 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
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