HomeMy WebLinkAbout08 AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR THE GRAFFITI REMOVAL PROGRAMDocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0
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AGENDA REPORT
MEETING DATE: JUNE 4, 2024
TO: NICOLE BERNARD, ACTING CITY MANAGER
Agenda Item 8
Reviewed: EB
City Manager
Finance Director
FROM: JUSTINA WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR THE
GRAFFITI REMOVAL PROGRAM
SUMMARY
The City's contract with Urban Graffiti expired in January 2024. To allow for a continued
graffiti removal service while the City processes a new Request for Proposal, the City
entered into an interim contract agreement with Urban Graffiti which is to expire on July
27, 2024. Staff is seeking authorization to advertise Request for Proposals to continue the
City's contract graffiti removal program.
RECOMMENDATION
That the City Council authorize and direct the Community Development Director to
advertise Request for Proposals to continue the implementation of the City's graffiti
removal program.
FISCAL IMPACT
Graffiti removal costs are budgeted within the City's General Fund and shared between
the Community Development and Public Works Departments. It is anticipated that the
Fiscal Year 2024-25 proposed budget will be sufficient to accommodate the cost of the
new contract.
The proposed contract is for one (1) year, with the option to extend annually (contingent
on satisfactory contractor performance) for a total of five (5) calendar years, beginning
July 28, 2024. Future funding allocations beyond FY 2024-25 will be addressed through
the annual City budget process.
BACKGOUND AND DISCUSSION
Graffiti is a public nuisance that is detrimental to property values and the overall
appearance of the community. Unless the City responds with its prompt removal, graffiti
on public and private property can remain as a blight that can depreciate the value of
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City Council Report
Graffiti Removal Contract Request for Proposal
Page 2
the victimized property as well as surrounding properties, in a manner that ultimately
stigmatizes the entire community.
For the past thirty-two (32) years, the City of Tustin's Community Development
Department has managed the City's graffiti removal program utilizing the services of a
contractor hired to remove graffiti reported on public and private property throughout the
City at no direct cost to those victimized by graffiti. The City's current program ensures
prompt removal of reported graffiti within forty-eight (48) hours of notification. However,
the current contactor removes reported graffiti typically within twenty-four (24) hours of
notification. The Community Development Department's Code Enforcement staff
oversees the program and receives and processes reports of graffiti received from
many sources, including the Tustin Police Department, Tustin Public Works
Department, Tustin citizens, and others.
The City currently has a contract with Urban Graffiti to perform the community's graffiti
removal service that is due to expire on July 27, 2024. Following the proposed City
Council authorization to advertise for new proposal, staff anticipates returning to the
Tustin City Council in July 2024 with a recommendation to award the new contract
beginning July 28, 2024, and covering the period 2024 through 2028. In the interim the
City will continue to use Urban graffiti until the new contract is awarded.
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Mariam Madjlessi, PE, CASp
Building Official
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Catie Armstrong
Building Plans Examiner
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Justina Willkom
Community Development Director
Attachment: Graffiti Abatement Services Request for Proposal
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ATTACHMENT
Graffiti Abatement Services Request for Proposal
DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0
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CITY OF TUSTIN
Request for Proposal (RFP)
Graffiti Removal Services
SPECIFICATIONS, TERMS AND CONDITIONS
RESPONSE REQUIRED BYJune 24, 2024, 4:00 pm
Mariam Madjlessi, P.E.
Building Official
Community Development Department
City of Tustin
300 Centennial Way
Tustin, California 92780
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REQUEST FOR PROPOSALS
FOR
GRAFFITI REMOVAL CONTRACT SERVICES
2024
Notice is hereby given that proposals will be received from qualified firms to provide proactive
and reactive professional graffiti removal services throughout the City of Tustin. Proposals should
be submitted by firms that have a capable and demonstrable background with experience in the
type of work that is described in the RFP. Responses to the Request for Proposals will be accepted
until:
Monday, June 24, 2024, at 4 pm.
Proposals will be received through OpenGov, online electronic proposal system. The City has
made every effort to make all aspects of the vendor registration and proposal submittal process as
easy, secure, and reliable as possible. All responses are due at or before the time shown above.
Late responses will not be accepted. The City is not responsible for and accepts no liability in
the event a response is late due to network, internet, or any other technical problem or interruption.
Questions must be directed to Mariam Madjlessi, Building Official at the email
MMadj lessiktustinc a. org_
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Table of Contents
- Introduction .................................................
Page 1-2
- Key Dates ...................................................
Page 3
- Section A: Notice to Contractors ........................
Page 5-7
- Section B: Proposal ........................................
Page 8-21
- Section C: Contract Agreement ..........................
Page 22-33
- Section D: General Provisions ...........................
Page 34-45
- Section E: Scope of Services ............................
Page 46-50
- Section F: Federal Lobbying Restrictions ...............Page 51-52
- Section G: Federal Contract Provisions ................
Page 53-72
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INTRODUCTION
The City of Tustin is issuing this Request for Proposal to provide professional graffiti removal
services throughout the City of Tustin. This work will consist in part of furnishing all labor,
materials, tools, equipment and incidentals as required by the specifications and contract
documents for the above stated project.
PERIOD OF CONTRACT
This contract will be for one (1) year with an optional one (1) year extension with a total of five
(5) calendar years beginning on July 28, 2024.
SCOPE OF WORK
The contractor must be able to remove graffiti in various public and private areas in Tustin,
within 24-hours of authorization. Tasks may include, but are not limited to, photographing
graffiti, paint matching, painting, pressure washing or chemical removal, as authorized by the
Community Development Director, and navigating TAGRS database.
The contractor shall be an independent contractor capable of providing experienced,
knowledgeable, and professional staff. The contractor shall be responsive and maintain excellent
working relationships with city residents, business, government officials, and City staff. The
contractor shall provide adequate staffing levels at all times and adhere to established schedules.
The contractor shall comply with all Federal, State, local laws, rules, regulations, and ordinances,
The Scope of services will be further discussed in Section E — Scope of Services.
PROPOSAL FORMAT AND REQUIREMENTS
Each firm must submit their proposer to -include the following information:
Cover Letter — The letter must identify that the proposer has a clear understanding of the
project scope, schedule, and a list of names of individuals who will be the primary contact.
Qualifications — A list with the qualifications relating to the proposer's experience and knowledge
in Graffiti Abatement, as well as answering additional information on our questionnaire.
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Reference — A list of five (5) references comprised of cities and public services that are similar
in scope that have been provided in the last three (3) years.
The proposal format and requirements will be further discussed in Section B — Proposal.
EVALUATION AND SELECTION PROCESS
The combined weight of the evaluation criteria is greater in importance than cost in determining
the greatest value to the City. The City may award a contract of higher qualitative competence
over the lowest priced response. The selection process is further discussed on Section D.
Overall Proposal and Understanding of the Required Services (40%)
- Has the proposer demonstrated a thorough understanding of the purpose and scope of
services?
- Has the proposer demonstrated that she/he understands the deliverables and reports
(monthly/quarterly/annual reports and data) the City expects it to provide?
Relevant Experience (30%)
- Does the proposer have experience on similar size contracts?
- Does the vendor have, at a minimum three (3) years of experience dealing with
municipalities?
Price Proposal (15%)
- Price proposals will be evaluated on the basis of price -per -job. Fee scheduling is arranged
on Table 1. Section B.
Innovative and/or creative approaches (15%)
- Ability to not only provide said services, but does the contractor show potential in
increasing performance capabilities.
Oral Interviews
- In addition to the written proposal, the top tier proposer may be asked to make an oral
presentation.
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KEY DATES
June 5, 2024
June 24, 2024
July 16, 2024
July 27, 2024
July 28, 2024
Issuance of Request for Proposals
Proposals due by 4:00 pm
City Council Awards Contract
Notice of Award (letter)
New Contract Begins
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I
Section A - Notice to Contractors
PERIOD OF CONTRACT
This work will consist in part of furnishing all labor, materials, tools, equipment and incidentals
as required by the specifications and contract documents for the above stated project. The contract
will be for one (1) year with optional four (4) one (1) year extensions including potential CPI
adjustments.
PERFORMANCE BONDS
A Faithful Performance Bond in the amount of 100% and a Labor and Materials Bond in the
amount of 100% in the form attached to the contract documents shall be provided. Said bonds shall
be issued by a surety company duly authorized to issue such bonds in the State of California. Prior
to execution of contract, Contractor shall provide The City of Tustin with insurance certificate(s)
with endorsements evidencing commercial general liability and automobile liability insurance as
prescribed in the contract, with a company of A.M. Best's Key Rating of Grade A and Class VII
(seven) with an Admitted Insurer, or rated Grade A- or better and Class X (ten) or better with a
Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key
Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation
Fund, is acceptable.
INSURANCE
The contractor must submit a certified copy of the most recent Certificate of Authority issued to
the bonding companies by the California Insurance Commissioner.
Contractor must provide to the City within ten (10) working days, after the date of notice of award
of contract, the aforementioned insurance certificate(s) with endorsements which must meet the
requirements of the specifications and comply with the contract documents. Failure to comply
with this requirement will result in annulment of the award, forfeiture of the proposal
guarantee and the City will pursue award to the next qualified responsive proposer.
Contractor is advised that insurance requirements are non-negotiable and the City will not consider
waiving insurance requirements. There are no exceptions.
EQUAL OPPORTUNITY
The City hereby affirmatively ensures that minority business enterprises will be afforded full
opportunity to submit proposals in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, religion, or disability in any consideration
leading to the award of contract.
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The City reserves the right to reject any or all proposals, and/or to waive any informality on a
proposal. No proposer may withdraw his proposal for a period of forty-five (45) days after the date
set for the opening thereof. Prior to proposal opening, proposer may withdraw his proposal.
Proposals received after the proposal opening time and date herein will be returned to proposer
unopened.
In conformance with the requirements of Section 22300 of the Public Contract Code, the contractor
will be entitled to post approved securities with the City or an approved financial institution in
order to have the City release funds retained by the City to insure performance of the contract.
CONTRACTOR'S LICENSE
Every person submitting a proposal must have a contractor's license for the work, in the
classification of C33 and C61, at the time of making a proposal. Further, it is a misdemeanor not
to have a license at the time of the proposal. (Business and Professions Code Section 7028.15(a)).
In the case of joint ventures, each person comprising the joint venture shall have a Contractor's
license at the time of the proposal. (Business and Professions Code Section 7028.15(c)).
However, the joint venture itself must have a "joint venture license" not later than the time of the
award of proposal. (Business and Professions Code Section 7029.1).
In the case of City contracts which involve Federal funds, the contractor must be properly licensed
at the time of award of the contract. (Public Contract Code Section 20103.5).
A contractor who is not properly licensed will have his proposal declared nonresponsive. (Business
and Professions Code Section 7028.15(e)).
Any proposer or Contractor, not licensed, shall be subject to all legal penalties imposed by law,
including, but not limited to, any appropriate disciplinary action by the Contractor's State License
Board. (Public Contract Code Section 20103.5). Failure to comply with these license requirements
may also result in a forfeiture of proposer's security.
The City Council of the City of Tustin has obtained from the Director of Industrial Relations the
general prevailing rate of per diem wages and the general prevailing rate for the legal holiday and
overtime work in the locality in which is to be performed for each craft or type of work needed
and a copy of the same is on file in the office of the City Engineer. Not less than said prevailing
rates shall be paid the workers employed on the public works contract as required by Labor Code
Sections 1771 and 1774 of the State of California. The City reserves the right to change and update
the conditions of the prevailing wage following each fiscal year.
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City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and
8:00 a.m. to 5:00 p.m. on Friday.
Hours of Operation
The contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday
through Friday, excluding holidays. Deviation from these hours will not be permitted without the
prior consent of the Community Development Director except in emergencies involving
immediate hazard to persons or property.
Ordered by the City Council on June 4, 2024
Erica Yasuda, City Clerk
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Section B - Proposal
Graffiti Abatement Services
Name of Proposer:
Business Address:
Phone Number:
The work to be done is shown in the specifications entitled:
Graffiti Abatement Services
Said plans and specifications are on file in the office of the Community Development Director,
Tustin, California.
To the City of Tustin,
The undersigned, as proposer, declares that the only persons or parties interested in the proposal
as principals are those named herein; that this proposal is made without collusion with any other
person, firm or corporation; that the proposer has carefully examined the location of the proposed
work, the annexed proposed form of the contract, and the plans therein referred to; and the
proposer proposes and agrees if this proposal is accepted, that the proposer will contract with the
City of Tustin, in the form of the copy of the contract annexed hereto, to provide all necessary
machinery, tools, apparatus and other means of construction, and to do all work and furnish all
materials specified in the contract, in the manner and time prescribed, and according to the
requirements as therein set forth, and that the proposer will take full payment therefore at the
following unit prices, to -wit:
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Proposal for Graffiti Abatement Services
Table 1
ITEM
NO.
CONTRACT ITEM
DESCRIPTION
ESTIMATED
QUANTITY
(JOBS)*
UNIT
PRICE
TOTAL
PRICE
1.
Paint — Light Color Base
3,000
$
$
2.
Paint — Deep Color Base
$
$
3.
** Water/Sand Blast
250
$
$
4.
** Chemical Removal
750
$
$
TOTAL CONTRACT PRICE
$
* "Job" shall mean 100 square feet of painting or 40 square feet of water/sandblasting
or chemical removal
** City Authorization Required
CITY OF TUSTIN
The undersigned understands that the foregoing quantities are approximate only, being given as a
basis for the comparison of proposals and the City of Tustin does not, expressly or by implication,
agree that the actual amount of work will correspond therewith, but reserves the right to increase
or decrease the amount of any class or portion of the work or to omit portions of the work as may
be deemed necessary or advisable and in the best interests of the City by the Community
Development Director.
In case of discrepancy between the unit price and the total amount for a contract item, the unit
price shall prevail. The basis for determining the low proposal shall be by correctly multiplying
the number of units by the unit price proposal to calculate a total amount for each contract item
and obtaining a total proposal by correctly adding together all contract item total amounts. If a unit
price is not legible or is missing, the total amount for the contract item shall be divided by the
approximate quantity of units to arrive at the unit price proposal. If both the unit price and total
amount for a contract item are left blank, then the entire proposal shall be rejected.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to
furnish the two (2) bonds in the amounts required, with surety satisfactory to the City of Tustin,
and the required Certificate of Insurance with endorsements within ten (10) days, not including
Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Community
Development Director, the City of Tustin may, at its option, determine that the proposer has
abandoned the contract, and thereupon this proposal and the acceptance thereof shall
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be null and void, and the forfeiture of such security accompanying this proposal shall operate and
the same shall be the property of the City of Tustin.
The undersigned proposer hereby acknowledges that he/she understands the bonding requirements
of the City of Tustin, which, per City Code, states that the surety company must be duly authorized
to issue such bonds or insurance in the State California. The Certificate of Insurance with
endorsements must be with a company of A.M. Best's Key Rating of Grade A and Class VII
(seven) or better with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with
a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key
Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation
Fund, is acceptable.
Contractor shall provide to the City within ten (10) working days after the date of notice of award
of contract the aforementioned insurance certificate(s) with endorsements which must meet the
requirements of the specifications and comply with the contract documents. Failure to comply with
this requirement will result in annulment of the award, forfeiture of the proposal guarantee and
City will pursue award to the next qualified responsive proposer. Contractor is advised that
insurance requirements are non-negotiable and City will not consider waiving insurance
requirements. There are no exceptions.
ACCOMPANYING THIS PROPOSAL IS
(NOTICE: Insert the words "Cash ($ )", "Cashier's Check",
"Certified Check", or "Proposer's Bond", as the case may be in the amount
equal to at least ten (10) percent of the total proposal.)
The names of all persons interested in the foregoing proposal as principals are as follows:
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IMPORTANT NOTICE: If the proposer or other interested person is a corporation, state legal
name of corporation and names of the president, secretary, treasurer, and manager thereof; if a co-
partnership, state true name of firm and names of all individual co-partners composing firm; if the
proposer or other interested person is an individual, state first and last names in full.
Signed:
Title:
Date:
NOTE: If the proposer is a corporation, the legal name of the corporation shall be set forth above,
together with the signature of the officer or officers authorized to sign contracts on behalf of the
corporation; if the proposer is a co -partnership the true name of the firm shall be set forth above,
together with the signature of the partner or partners authorized to sign contracts on behalf of the
co -partnership; and if the proposer is an individual, his signature shall be placed above. If signature
is by an agent, other than an officer of a corporation or a member of a co -partnership, a Power of
Attorney must be on file with the City of Tustin prior to the opening of proposals or submitted
with the proposal; otherwise, the proposal will be disregarded as irregular and unauthorized.
Business Address
Proposer shall list the name and address of the place of business of each subcontractor required to
be listed by Section 4100 et seq., of the California Public Contract Code which requires that a
proposer must list the name and location of the place of business of each subcontractor who the
proposer intends to have perform work in excess of one-half (1 /2) of one (1) percent of the
proposers' total proposal amount.
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Name, Address &
Telephone Number
LIST OF SUBCONTRACTORS
Type of Work
Percentage of
Work
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REFERENCES
The following are the names, addresses, and phone numbers for five (5) public agencies for
which PROPOSER has performed similar work within the past three (3) years:
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QUALIFICATION STATEMENT
The Undersigned certifies under oath the truth and correctness of all statements and of all
answers to questions made hereinafter (attach additional paper as needed).
SUBMITTED BY: CORPORATION ❑
NAME: PARTNERSHIP ❑
ADDRESS: INDIVIDUAL ❑
PRINCIPAL OFFICE: OTHER ❑
REQUIREMENTS
The following is to be included with the proposal:
Please fill out the following information on a separate document.
1. References: Proposer must submit a list of five (5) references comprised of cities and
public services that is similar in scope that have been provided in the last three (3) years.
References
- Name and location of each reference
- Name and phone number of contact person (familiar with project)
- Contract amount
- Scope of work with proposal item amounts
Submit a summary of all claims made in the last five (5) vears on the
aforementioned nroiects:
Name of claimant
Amount of claim
Nature of claim
Final status of claim
2. Resume of type of work in which your firm possesses experience.
- How many years has your company been in business?
- Number of years your company has provided graffiti abatement services?
- Number of years' company has provided graffiti abatement services for public
agencies
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3. Description of Your Organization
- Under what other or former name(s) has your organization done business?
- How many years has your organization been in business under its present
business name?
- If a corporation, answer the following:
o Date of incorporation:
o State of incorporation:
o President's name:
o Vice -President's name(s):
o Secretary's name:
o Treasure's name:
- If an individual or a partnership answer the following:
o Date of organization:
o Name and address of all partners (state whether general or limited
partnerships
- If other than a corporation or partnership, describe the organization and
principals.
- List states and categories in which your organization is legally qualified to do
business. Indicate registration or license numbers if applicable. List states in
which partnership or trade name is filed.
- Describe the work your organization normally performs with its own forces:
- Have you ever failed to complete any work awarded to you? If so, note when,
where and why:
- Within the last five (5) years, has any officer or partner of your organization
ever been an officer or partner of another organization when it failed to
complete a construction contract? If so, attach a separate sheet of explanation.
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- What is your company's plan to insure compliance with the contract
specifications and insure quality work?
- List the types of primary vehicles/equipment and number of each to be
assigned to this contract
- Please note any equipment which will also be used on another contract
- List the back-up equipment assigned to this contract to assure no production
interpretation.
Personnel
- Provide the number of employees committed to graffiti abatement services.
- Provide the total number of employees to be assigned to this contract.
- Who will be the contractor's representative with the City?
- What is his/her background?
- What is his/her education?
Contractors Name:
Signed by:
Title:
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QUESTIONNAIRE
Please answer the following questions in detail:
a. What makes your company the best company for this job?
b. What type of in-house training do you provide for your staff?
c. Who is responsible for training the graffiti removal workers and what type of training
is provided and at what intervals?
d. What is the address of the facility from which work crews will be assigned?
e. What communication system do you use to communicate between field and office?
f. Can your insurance and sureties broker provide you with the required rating and
coverage? Specify the A.M. Best's rating (grade and class) of your current insurance(s)
and sureties.
g. Can you provide proof of employee pay consistent with Davis -Bacon or State wages
on a weekly basis in accordance with prevailing wage requirements?
h. Do you use and/or have access to Tracking Automated & Graffiti Reporting System
(TAGRS)
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For the Performance of -
Graffiti Abatement Services
NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and
manner required under the specifications, after the prescribed forms are presented to him for
signature, enters into a written contract, in the prescribed form in accordance with the proposal,
and files two (2) bonds satisfactory to the City, one (1) to guarantee faithful performance and the
other to guarantee payment for labor and materials, as required by law, then this obligation shall
be null and void; otherwise, it shall be and remain in full force and virtue.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety
shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be
fixed by the court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of A.D., 20
Principal
Surety
10►D-
(Seal)
(Seal)
(Seal)
(Seal)
(Seal)
(Seal)
Note: Attach proper Notary Acknowledgment for signature of authorized person (Use copy of
blank form provided in this section.)
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NON -COLLUSION AFFIDAVIT
TO THE CITY OF TUSTIN:
The undersigned in submitting this proposal for performing, by contract, the work required by these
proposal documents, being duly sworn, deposes and says:
That she/he has not, either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive proposing in connection with this contract.
Signed:
Title:
Firm Name:
Note: Non -Collusion Affidavit to be submitted with Proposal. Attach proper notary acknowledgment
for signature of authorized person. (Use copy of blank form provided in this section.)
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CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
The undersigned declares that he or she is:
of
(Party making foregoing proposal) (hereinafter the "Proposer")
1. Proposer's Contractors License Number is as follows:
Classification:
2. The expiration date of Proposer's Contractor's License is
20
3. Proposer acknowledges that Section 7028.15(a) of the Business and Professions Code
provides as follows:
"It is a misdemeanor for any person to submit a proposal to a public agency in order to
engage in the business or act in the capacity of a Contractor within this state without having
a license therefor, except" as provided in the referenced section.
Executed on , 20 , at
(Insert City & State where declaration is signed)
Signature
Typed Name
Title
Name of Proposer
THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE
PROPOSAL (EXCEPT FOR FEDERALLY -FUNDED STATE PROJECTS)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
County of Orange ) SS
City of Tustin )
On this day of 20 , before me, , Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF
PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand
and official seal.
NOTARY SEAL
CAPACITY CLAIMED BY SIGNER:
❑
Individual(s)
[]
Corporate
[]
Officers
Title(s)
[]
Partner(s)
[]
General Partner of a Limited
Partnership
Attorney -in -Fact
Trustee (s)
Subscribing Witness
Guardian/Conservator
Other:
Witness my hand and official seal.
Signature of Notary
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
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•
Section C — Contract Agreement
This agreement, made and concluded, in triplicate, thisday of , 20__, between
the City of Tustin, California, hereinafter called City, and
hereinafter called Contractor.
ARTICLE I
Witness, that for and in consideration of the payments and agreements hereinafter mentioned, to
be made and performed by the City, and under the conditions expressed in the two bonds, bearing
date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper
cost and expense, to do all the work and furnish all the materials necessary to construct and
complete in good workmanlike and substantial manner and to the satisfaction of the City, in
accordance with the plans and specifications, as may be amended from time to time as of the date
of this Agreement, entitled:
Graffiti Abatement Services
Graffiti Abatement Services which said plans and specifications are hereby specifically referred
to and by such references made a part hereof. Said plans and specifications are on file in the office
of the Community Development Director of the City of Tustin, California.
ARTICLE II
Contractor agrees to receive and accept the following prices as full compensation for furnishing
all materials and for doing all the work contemplated and embraced in the Agreement; and also for
all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements,
or from any unforeseen difficulties or obstructions which may arise or be encountered in the
prosecution of the work until its acceptance by the City, and for all risks of every description
connected with the work; also for all expenses incurred by or in consequence of the suspension or
discontinuance of work and for well and faithfully completing the work, and the whole thereof, in
the manner and according to the plans and specifications, and the requirements of the Community
Development Director under them.
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CONTRACT FOR GRAFFITI ABATEMENT SERVICES
CITY OF TUSTIN
ITEM
NO.
CONTRACT ITEM
DESCRIPTION
ESTIMATED
QUANTITY
(JOBS)*
UNIT
PRICE
TOTAL
PRICE
1.
Paint — Light Color Base
3,000
$
$
2.
Paint — Deep Color Base
$
$
3.
** Water/Sand Blast
250
$
$
4.
** Chemical Removal
750
$
$
TOTAL CONTRACT PRICE
$
* "Job" shall mean 100 square feet of painting or 40 square feet of
water/sandblasting or chemical removal
** City Authorization Required
ARTICLE III
The City Tustin hereby promises and agrees with the contractor to employ and does hereby employ
the contractor to provide the materials and to do the work according to the terms and conditions
herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at
the time, in the manner and upon the conditions above set forth; and the said parties for themselves,
their heirs, executors, administrators, successors and assigns do hereby agree to the full
performance of the covenants herein contained.
ARTICLE IV
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the proposal or proposal of Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
ARTICLE V
1. The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general
prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime
work in the locality in which the work is to be performed for each craft or type of work needed to
execute this contract and maintains copies thereof in the office of the Community Development
Director. The contractor agrees that not less than said prevailing rates shall be paid to workers
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employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the
State of California.
2. The contractor shall, as a penalty to the CITY OF TUSTIN, forfeit twenty dollars ($20.00) for
each calendar day or portion thereof for each worker paid (either by contractor or any subcontractor
of contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work
provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of
the State of California.
3. Section 1777.5 of the Labor Code of the State of California, regarding the employment of
apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars
($30,000.00) or more, or twenty (20) working days or more and under such circumstances,
Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code
§1777.5 for all apprenticeable occupations on the project. A Contractor or subcontractor who
violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of one hundred
dollars ($100.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the
Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of
Tustin shall withhold the amount of the civil penalty from contract progress payments then due or
to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited
in the General Fund of the City of Tustin.
4. The Contractor shall not employ, or allow work to be performed by, a subcontractor who is
ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code
pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws.
5. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The
Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.)
of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the
Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit
twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any one (1) calendar day and forty
(40) hours in any one (1) calendar week in violation of the provisions of Article 3 of Chapter 1 of
Part 7 of Division 2 of the Labor Code of the State of California. Contractor shall keep an accurate
record showing the name and actual hours worked each calendar day and each calendar week by
each worker employed by Contractor in connection with the public work.
6. Contractor agrees to keep accurate payroll records showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and week and the
actual per diem wages paid to each journeyman, apprentice or worker employed by him in
connection with the public work, and agrees to insist that each of his subcontractors do the same.
Contractor further agrees that his payroll records and those of his subcontractors shall be available
to the employee or his representative, the Division of Labor Standards Enforcement, and the
Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code
Section 1776, et seq., in general.
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7. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for Worker's Compensation or undertake self-
insurance in accordance with the provisions of that code and will comply with such provisions
before commencing the performance of the work of this contract.
ARTICLE VI
In connection with the performance of this contract, the City shall have the authority to enter the
worksite at any time for the purpose of identifying the existence of conditions, either actual or
threatened, that may present a danger or hazard to any and all employees. The contractor agrees
that the City, in its sole authority and discretion, may order the immediate abatement of any and
all conditions that may present an actual or threatened danger or hazard to any and all employees
at the worksite.
The contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires
that employers shall furnish employment and a place of employment that is safe and healthful for
all employees working therein. In the event the City identifies the existence of any condition that
presents an actual or threatened danger or hazard to any or all employees at the worksite the City
is hereby authorized to order the immediate abatement of that actual or threatened condition
pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate
stop work order to the contractor to ensure that no employee working at the worksite is exposed to
a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in
accordance with the provisions of this section shall not give rise to any claim or cause of action
for delay damages by the contractor or the contractor's agents or subcontractors against the City.
ARTICLE VII
The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees
thereof from all claims, suits, or actions of every name, kind and description, brought for, or on
account of, injuries to or death of any person including, but not limited to, workers and the public,
or damage to property resulting from the construction of the work or by or in consequence of any
negligence regarding the work, use of improper materials or equipment in construction of the work,
neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations
under the contract, or by or on account of any act or omission by the Contractor or his agents or a
subcontractor or his agents or a third party during the progress of the work or at any time before
its completion and final acceptance, or which might arise in connection with the agreed upon work
or is caused by or happening in connection with the progress of said work, or on account of any
passive or active negligent act or omission by the City of Tustin, its officers, employees and agents,
save and except claims arising through the sole and exclusive negligence or sole and exclusive
willful misconduct of the City of Tustin.
The defense and indemnification by Contractor shall include all costs and expenditures including
attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to
such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising
out of such claims at the sole cost and expense of Contractor
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In addition to any remedy authorized by law, so much of the money due the Contractor under and
by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin
may be retained by the City until disposition has been made of such claims for damages as
aforesaid.
ARTICLE VIII
The Contractor shall take out and maintain during the life of the contract, commercial general
liability, automobile liability and worker's compensation insurance. The amount of the commercial
general liability and automobile insurance shall not be less than the following:
Single limit coverage applying to bodily and personal injury liability and property damage:
$2,000,000.00.
The following insurer endorsements are required if not part of the policy:
1. The City of Tustin, its elective and appointive boards, officers, agents and employees
named as additional insureds in the policy as to the work being performed under the
contract;
2. The coverage is primary and no other insurance carried by the City of Tustin will be
called upon to contribute to a loss under this coverage;
3. The policy covers blanket contractual liability;
4. The policy limits or liability are provided on an occurrence basis;
5. The policy covers broad form property damage liability;
6. The policy covers personal injury as well as bodily injury liability;
7. The policy covers explosion, collapse, and underground hazards;
8. The policy covers products and completed operations;
9. The policy covers use of non -owned automobiles; and
10. The coverage shall not be cancelled or terminated unless thirty (30) days' written
notice is first given to the City of Tustin.
11. Insurers shall be authorized to do business in the State by the Department of Insurance
and shall meet the following qualifications:
A.M. Best's Rating of Grade A and Class VII (seven) (if an Admitted Insurer),
and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line
Broker) is acceptable. Workers' compensation insurance rated Grade B- or
better and Class VII (seven) or better, or offered by the State Compensation
Fund, is acceptable.
12. The worker's compensation and employer's liability insurance policies shall contain a
waiver of subrogation in favor of the City.
ARTICLE IX
The term of this contract shall be for a period of one (1) year from its date of execution by the
City. The City shall have the option to extend the term of this contract for up to four (4)
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additional one-year terms, by giving written notice to the Contractor prior to the end of the
preceding year. In the case of such extension, the same terms and conditions shall apply to the
subsequent contract term with the exception that the unit prices and total proposal amount shall be
subject to adjustment at the commencement of each subsequent year according to CPI.
If extended, the "Adjustment Date" of the term of the contract is determined to be not more than
one (1) year after execution of the contract. The basis for computing the adjustment is the
Consumer Price Index, All Urban Consumers for the Los Angeles -Long Beach/Anaheim
Metropolitan Area (CPI-U) published by the United States Department of Labor, Bureau of Labor
Statistics ("Index"), which is in effect on the date of the commencement of the initial term of the
contract ("Beginning Index"). The Index published more immediately preceding the Adjustment
Date ("Extension Index") is to be used in determining the amount of the adjustment. If the
Extension Index has changed from the Beginning Index, the unit charges for the following year of
the term of the contract shall be set by multiplying the initial contract unit prices by a fraction, the
numerator of which is the Extension Index, as defined above, and the denominator of which is the
Beginning Index as defined above.
The adjustment date of the extended term of the contract of each subsequent year shall be the same
calendar date of the initial term of the contract with the exception of changing the year.
ARTICLE X
Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the
City Clerk shall provide written notice within five (5) working days to the contractor of the claim
or summons and complaint. For purposes of this section, notice to the contractor may be via
facsimile, messenger or by first class mail and addressed to:
[Insert name & address of contractor]
Nothing herein obligates the City to provide notice of a claim or summons and complaint that does
not clearly identify the contract or contractor.
In Witness Whereof, the parties have hereunto set their hands and seals the year and date first
above written.
THE CITY OF TUSTIN
:•
(SEAL) Mayor of the City of Tustin
ATTEST:
City Clerk of the City of Tustin
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Date
City Attorney
APPROVED AS TO CONTENT:
Date
Community Development Director
CONTRACTOR
Firm Name:
Note: Attach proper acknowledgment
for signatures of authorized person(s). TITLE:
(Use copies of blank form provided in
Section B).
Bond No.
Amount
Premium
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CITY OF TUSTIN
PUBLIC CONTRACT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
, as and hereinafter referred to collectively as "Principal", and
a corporation organized and existing under the laws of the State of
and duly authorized to transact surety business in the State of California, as, and hereinafter
referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to
as the "City", in the sum of for payment of which Principal and surety bind
themselves, their heirs, administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract dated , 20, with City to do and
perform the following, generally described work, which is more particularly described in said
contract for the construction of.
Graffiti Abatement Services
WHEREAS, all of such improvements are to be constructed and installed in accordance with the
plans and specifications described, referred to and incorporated in said contract; and
WHEREAS, Principal shall commence and complete the construction and installation of such
improvements as provided in said contract; and
NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the
aforesaid contract, then this obligation shall be null and void.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the
hereinabove described contract and all obligations, then this obligation shall remain in full force
and effect.
PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change,
extension of time, alteration or modification of the contract documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond and it does hereby waive
notice of any such change, extension of time, alteration or modification of the contract documents
or of the work to be performed thereunder; and
PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person
who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall
be paid by Principal and Surety.
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IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed
and sealed this day of , 20
(SEAL)
APPROVED AS TO FORM:
City Attorney
SURETY:
:`
:`
(Name)
Attorney -in -Fact
Address of Surety:
PRINCIPAL:
BY:
(Name)
(SEAL) TITLE:_
Address of Principal:
APPROVED AS TO CONTENT:
Date_
Community Development Director
Note: Attach proper acknowledgment for both Surety & Principal. (Use copies
of blank form provided in Section B).
Bond No.
Amount
Premium
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CITY OF TUSTIN
PUBLIC CONTRACT
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That ,
as and hereinafter referred to collectively as "Principal", and
a corporation organized and existing under the laws of the State of and duly
authorized to transact surety business in the State of California, as and hereinafter referred to as,
"Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in
the sum of $ for payment of which Principal and surety bind themselves, their
heirs, administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract dated , 20--" with the City to
do and perform the following, generally described work, which is more particularly described in
said contract for the construction of:
Graffiti Abatement Services
WHEREAS, Principal shall commence and complete the construction and installation of such
improvements provided in said contract; and
NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, and all persons
renting equipment or furnishing labor or materials to them for such improvements, for the full cost
of such improvements and submit amounts due under the State Unemployment Insurance Act with
respect to such labor, then this obligation shall be null and void.
PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting
equipment or furnishing labor or materials to them for such improvements for the full cost of such
improvements, or if Principal fails to submit amounts due under the State Unemployment
Insurance Act with respect to such labor, then Surety will pay for the same in an amount not
exceeding the sum set forth above, which amount shall inure to the benefit of all persons named
in Civil Code Section 9100.
PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change,
extension of time, alteration or modification of the contract documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond and it does hereby waive
notice of any such change, extension of time, alteration or modification of the contract documents
or of the work to be performed thereunder; and
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PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other
person named in Civil Code Section 9100 who may bring an action on this bond, a reasonable
attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed
and sealed day of , 20_.
(SEAL)
APPROVED AS TO FORM:
City Attorney
(SEAL)
APPROVED AS TO CONTENT:
Date
Community Development Director
SURETY:
(Name)
BY:
Attorney -in -Fact
BY:
Address of Surety:
PRINCIPAL:
BY:
(Name)
TITLE
Address of Principal:
Note: Attach proper acknowledgments for both Surety & Principal. (Use copies of
blank form provided in Section
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COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works
contract has been awarded shall sign the following certificate and shall submit same to the City
prior to performing any work on the contract:
I am aware of the provisions of Section 3700 of the Labor Code which reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized
to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to self -insure,
which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of
ability to self -insure and to pay any compensation that may become due to his employee."
CONTRACTOR:
TITLE:
COMPENSATION INSURANCE CERTIFICATE
TO BE SUBMITTED WITH CONTRACT
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•
Section D — General Provisions
Section 1 - Scope & Control of Work
1.1 Consultant Evaluation & Selection Process
The City intends to award a contract to the responsible contractor whose response conforms to the
RFP and whose RFP presents the greatest value to our City, all evaluation criteria considered. The
combined weight of the evaluation criteria is greater in importance than cost in determining the
greatest value to the City. The goal is to award a contract to the contractor that offers the City the
best quality as determined by the combined weight of the evaluation criteria.
The City may award a contract of higher qualitative competence over the lowest priced
response.
The basic information that each section should contain is specified below, these specifications
should be considered as minimum requirements. Much of the material needed to present a
comprehensive proposal can be placed into one of the sections listed, however; other criteria may
be added to further support the evaluation process whenever such additional criteria are deemed
appropriate in considering the nature of the services being solicited.
The evaluation process may include a two -stage approach including an initial evaluation of the
written proposal and preliminary scoring to develop a short list of contractors that will continue to
the final stage of oral presentation and interview and reference checks. The preliminary scoring
will be based on the total points.
The Criteria for evaluating the proposals submitted will take the following items into
consideration:
Overall Proposal and Understanding of the Required Services (30%)
- Has the contractor demonstrated a thorough understanding of the purpose and scope of
services?
- Has the contractor demonstrated that it understands the deliverables and reports
(Monthly/quarterly/annual reports and data) the City expects it to provide?
Relevant Experience (40%)
Does the contractor have experience on similar size contracts?
- Does the vendor have at a minimum three (3) years' experience dealing with
municipalities?
Price Proposal (15%)
- Price Proposals will be evaluated on the basis of fee scheduling described in Table 1.
Section B, Page 9.
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Innovative and/or Creative Approaches (15%)
- Ability to providing the services that provide additional efficiencies or increased
performance capabilities.
Oral Interviews
In addition to the written proposal, the top tier contractor(s) will be asked to make an oral
presentation. The contractor should have available a principle in the company and the
contractor's proposed project manager to discuss the following:
1. The major elements of the proposal and be prepared to answer questions clarifying
the proposal details.
2. A description of similar experience the contractor has in providing the requested
services. Exhibits may also be used.
3. The proposed staffing, supervision coverage, level of training, fleet, and facility
resources identified to provide the requested services.
4. At least five (5) before and after pictures of various types of graffiti removal done by
vendor within the last three (3) calendar years.
The City reserves the right to negotiate pricing and for additional terms. City reserves the
right to begin negotiations and enter into a contract without an interview or further
discussions.
1.2 Award & Execution of Contract
Within ten (10) working days after the date of the Notice of Award, the contractor shall execute
and return the following contract documents to the Agency.
1. Contract Agreement
2. Faithful Performance Bond
3. Labor and Materials Payment Bond
4. Public Liability and Property Damage Insurance Certificate(s) and endorsements
5. Compensation Insurance Certificate and endorsements
6. Certified copy of Certificate of Authority, from the California Insurance Commissioner,
issued to the bonding companies
7. Proof of valid Contractor's License(s)
The Contract Agreement shall not be considered binding upon Agency until executed by the
Authorized Agency officials. No contract will be executed unless the proposer is licensed in
accordance with the provisions of the State Business and Professions Code.
The successful proposer, prior to award of the contract by the City, shall present his or her
contractor's pocket license or certificate of licensure and provide signed statement which swears,
under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers,
is current and valid and is in a classification appropriate to the work to be undertaken. Format of
this statement is shown on the last page of this Section.
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A corporation to which an award is made may be required, before the Contract Agreement is
executed by the agency, to furnish evidence of its corporate existence, of its right to enter into
contracts in the State of California, and that the officers signing the contract and bonds for the
corporation have the authority to do so.
Failure to comply with this requirement will result in annulment of the award and thus, the City
will pursue to the next qualified responsive proposer. The contractor is advised that insurance
certificate requirements are non-negotiable and City will not consider waiving insurance
requirements. There are no exceptions.
1_3 Irregular Proposals
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular
and may cause its rejection. The completed Proposal Forms shall be without interlineations,
alterations, or erasures. Alternative proposals will not be considered unless specifically requested.
No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
1_4 Disqualification of Proposer
In the event that any proposer acting as a prime contractor has an interest in more than one
proposal, all such proposals will be rejected, and the proposer will be disqualified. This restriction
does not apply to subcontractors or suppliers who may submit quotations to more than one
proposer, and while doing so, may also submit a formal proposal as a prime contractor.
1.5 Contract Bonds
Both the Faithful Performance Bond and the Labor and Materials Payment Bond shall each be for
not less than one hundred percent (100%) of the total contract amount. Bonds shall be of the form
attached to Section C and secured from a surety company duly authorized to issue such bonds in
the State of California and shall be subject to the approval and acceptance of the City Council and
City Attorney. The Labor and Materials Payment Bond and the Faithful Performance Bond shall
remain in force during the term of the contract.
Additionally, the contractor shall concurrently submit, with the bonds, a certified copy of the most
recent Certificate of Authority issued to the bonding company by the California Insurance
Commissioner.
1_6 Clarity & Specifications
If any person contemplating submitting a proposal for the proposed contract is in doubt as to the
true meaning of any part of the plans, specifications or other proposed contract documents, or find
discrepancies in, or omissions from, the drawings or specifications, he/she may submit to Dana
Ogdon, Assistant Director of Community Development, a written request for an interpretation or
correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the proposed documents shall be made only by addendum
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duly issued and copy of such addendum will be mailed or delivered to each person receiving a set
of such documents. Dana Ogdon, Assistant Director of Community Development, will not be
responsible for any other explanation or interpretations of the proposed documents. The contractor
shall hold harmless the City of Tustin from any loss or damage as a result of his intentional failure
to report any error, omission or conflicting procedure.
Section 2 — Changes in Work
2_1 Markup
(a) Work by Contractor: The following percentages shall be added to the contractor's costs
and shall constitute the markup for all overhead and profits:
1) Labor.........................................................................................15 %
2) Materials................................................................................... 15 %
3) Equipment Rental...................................................................... 15 %
4) Other Items and Expenditures................................................... 15 %
The sum of the costs and markups provided for in this subsection shall include
compensation for bonding.
(b) Work by Subcontractor: When all or any part of the extra work is performed by a
Subcontractor, the markup established in (a) shall be applied to the Subcontractor's actual
cost of such work. A markup of five percent (5%) of the subcontracted portion of the extra
work may be added by the Contractor.
2_2 Change in Order
If extra work is deemed necessary, the scope of work shall be documented under the terms and
conditions of the City of Tustin's Contract Change Order form enclosed at the end of this section.
Section 3 - Prosecution, Progress & Acceptance of Work
3.1 Termination of Contract
This contract may be terminated with or without cause by the City of Tustin at any time with not
less than 30-days written notice of such termination. In the event of such termination, the contractor
shall be compensated for such services up to the date of termination. Such compensation for work
in progress would be prorated as to the percentage of progress completed at the date of termination.
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3.2 Length of Contract
After July 28, 2024, this contract shall be renewable each year through July 27, 2029, based upon
performance. Each contract renewal is subject to approval by the Director of Community
Development and is contingent upon successful work by the contractor as determined by the
Director. All contract renewals must be approved in writing by the Director, along with renewal
of all bonds and insurance policies.
3_3 Working Days
City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and
8:00 a.m. to 5:00 p.m. on Friday.
The contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday
through Thursday and 7:00 a.m. to 4:00 p.m. on Friday, excluding holidays. Deviation from these
hours will not be permitted without the prior consent or request of the Director.
Section 4 - Responsibilities of The Contractor
4_1 Contractor's Equipment & Facilities
A noise level limit of 96 dBA at a distance of fifty feet (50') shall apply to all equipment on or
related to the job whether owned by the contractor or not. The use of excessively loud warning
signals shall be avoided except in those cases required for the protection of personnel.
4_2 Labor Laws
Legal Relations and Responsibility: The contractor shall insure and save harmless the City of
Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind
and description, brought for, or on account of, injuries to or death of any person including, but not
limited to, workers and the public, or damage to property resulting from the performance of the
work or by or in consequence of any negligence regarding the work, use of improper materials or
equipment in performance of the work, neglect or refusal of contractor to faithfully perform the
work and all of contractor's obligations under the contract, or by or on account of any act or
omission by the contractor or his agents or a subcontractor or his agents or a third party during the
progress of the work or at any time before its completion and final acceptance, or which might
arise in connection with the agreed upon work or is caused by or happening in connection with the
progress of said work, or on account of any passive or active negligent act or omission by the City
of Tustin, its officers, employees and agents, save and except claims arising through the sole and
exclusive negligence or sole and exclusive willful misconduct of the City of Tustin.
The defense and indemnification by contractor shall include all costs and expenditures including
attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to
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such claim or suit and contractor will, if requested by City of Tustin, defend any litigation arising
out of such claims at the sole cost and expense of contractor.
In addition to any remedy authorized by law, so much of the money due the contractor under and
by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin
may be retained by the City until disposition has been made of such claims for damages as
aforesaid.
4_3 Responsibility for Damage & Loss
The contractor shall assume the defense of, and hold harmless, the City of Tustin and its officers
and agents from all claims of any kind arising from his own negligence or that of his agents in the
performance of the contract.
4.4 Labor Non-discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the
race, religious creed, color, national origin, ancestry, disability, medical condition, marital status,
or sex of such persons, except as provided in Section 12940 of the Government Code, and every
contractor for public works violating this section is subject to all the penalties imposed for a
violation of this chapter."
4.5 Payroll Records
Attention is directed to provisions in Labor Code Section 1776 which requires each contractor and
subcontractor to keep accurate payroll records regarding wages paid to journeymen, apprentices,
workers, or other employees. The contractor and subcontractor under him shall comply with the
requirements of this Section.
4_6 Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5, Chapter 1411, Statutes of 1968 and
1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any
subcontractor under him. The contractor and any subcontractor under him shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, ex-officio and Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
4.7 Liability Insurance
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Public Liability and Property Damages: Contractor shall take out and maintain during the life of the
contract, commercial general liability, automobile liability and worker's compensation insurance. The
amount of the commercial general liability and automobile insurance shall not be less than the following:
Single limit coverage applying to bodily and personal injury liability and property damage:
$2,000,000.00.
The following insurer endorsements are required if not part of the policy:
1. The City of Tustin, its elective and appointive boards, officers, agents and employees
named as additional insureds in the policy as to the work being performed under the
contract;
2. The coverage is primary and no other insurance carried by the City of Tustin will be
called upon to contribute to a loss under this coverage;
3. The policy covers blanket contractual liability;
4. The policy limits or liability are provided on an occurrence basis;
5. The policy covers broad form property damage liability;
6. The policy covers personal injury as well as bodily injury liability;
7. The policy covers products and completed operations;
8. The policy covers use of non -owner automobiles; and
9. The coverage shall not be cancelled or terminated unless thirty (30) days written notice
is given to the City of Tustin.
10. Insurers shall be authorized to do business in the State by the Department of Insurance
and shall meet the following qualifications:
A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted
Insurer), and Grade A- or better and Class X (ten) or better (if offered by a
Surplus Line Broker), is acceptable. Workers' compensation insurance rated
Grade B- or better and Class VII (seven) or better, or offered by the State
Compensation Fund, is acceptable.
11. The worker's compensation and employer's liability insurance policies shall contain a
waiver of subrogation in favor of the City.
Contractor shall provide to the City within ten (10) working days after the date of notice of award
of the contract evidence of the aforementioned insurance with insurer endorsements, which must
meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of
the name of the insurers and the amounts of insurance. Failure to comply with these requirements
will result in annulment of the award, forfeiture of the proposer's security, and the City will pursue
award to the next qualified responsive proposer. Contractor is advised that
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insurance requirements are non-negotiable and City will not consider waiving insurance
requirements. There are no exceptions.
4.8 Permits
A City of Tustin business license shall be obtained by the contractor, at his expense, prior to
starting work. Subcontractors working for the general contractor for this project will be required
to have a business license while working on this project.
4.9 Payroll Records
Weekly certified payroll records for both the prime and subcontractors working on the job must
be submitted to the Agency by the Contractor. Progress payments will be withheld pending receipt
of any outstanding reports.
Section 5 - Measurements & Payment
5.1 Payment
The contractor shall submit a detailed invoice with each request for of Graffiti Removal services
at the end of the month. Upon receiving invoice, the City of Tustin will submit a payment with the
respective work of the month. The City has up to ten (10) days to submit payment.
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CONTRACTOR'S LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL
PROPOSER PRIOR TO AWARD OF CONTRACT
The undersigned Contractor or Corporate Officer, declares under penalty of perjury that the
attached copy of the Contractor's pocket license or certificate of licensure is Contractor's, is
current and valid, and is in a classification as required by the project specifications and appropriate
to the work to be undertaken for this project.
PROJECT: GRAFFITI REMOVAL SERVICES
NAME OF CONTRACTOR:
SIGNED:
TITLE:
Note: Attach proper Notary Acknowledgment for signature of authorized person.
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CITY OF TUSTIN
CONTRACT CHANGE ORDER NO.
PROJECT:
CONTRACTOR:
DESCRIPTION OF THIS CCO
The compensation (time and cost) set forth in this Change Order comprises the total
compensation due the Contractor, the Subcontractors and all suppliers, for the work or
change defined in this Change Order, including all impact on any unchanged work. By
signing this Change Order, the Contractor acknowledges and agrees, on behalf of himself,
all Subcontractors and all suppliers, that the stipulated compensation includes payment
for all work contained in this Change Order, plus all payment for the interruption of
schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative
impact on all other work under this Contract. The signing of this Change Order shall
indicate that the Change Order constitutes full mutual accord and satisfaction for the
change, and that the time and/or cost under the Change Order constitutes the total
equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result
of this change. The Contractor, on behalf of himself, all Subcontractors and all suppliers,
agrees to waive all rights, without exception or reservation of any kind whatsoever, to file
any further claim or request for equitable adjustment of any type, for any reasonably
foreseeable cause that shall arise out of or as a result of this Change Order or the impact
of this Change Order on the remainder of the work under this Contract.
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CHANGE IN CONTRACT ITEMS
INCREASE (DECREASE)
ITEM
NO.
DESCRIPTION
UNIT
PRICE
QUANTITY
AMOUNT
TOTAL
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ADDITIONAL WORK (NON -CONTRACT ITEM)
DESCRIPTION
UNIT PRICE
QUANTITY
AMOUNT
TOTAL
GRAND TOTAL NET CHANGE
TIME EXTENSION BY REASON OF THIS CHANGE ORDER
SUMMARY OF CONTRACT CHANGE ORDERS
PRECEDING CCO CHANGES -
INCREASE
❑
DECREASE ❑
TOTAL CCO'S TO DATE -
INCREASE
❑
DECREASE ❑
ACCEPTED: TITLE: DATE:
Contractor
SUBMITTED BY: APPROVAL RECOMMENDED:
APPROVED:
Community Development Director
DATE:
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Section E - Scope of Services
PROCEDURE
The following procedures are to be followed by the City and contractor when performing Graffiti
Abatement Services:
The City shall receive initial complaints regarding any occurrence of graffiti nuisance violations.
City staff will provide the alleged locations for removal to the contractor for removal.
The Community Development Department shall notify the contractor of the location of the violation
and authorize contractor to proceed. Locations may be accessed through the TAGRS database or by
verbal or facsimile Notice to Proceed. In addition, the contractor may also identify graffiti occurrences
found in the field, provided such occurrences are formally documented through the TAGRS database.
Authorization from the Community Development Department is required prior to the contractor's
proceeding with sandblasting or chemical removal processes.
The contractor shall remove the subject graffiti within 24-hours of referral. The work shall be
performed in a prompt, thorough, lawful, and workman -like manner. Paint cover-up shall be
accomplished utilizing a custom color match or other method to ensure that the removal blends into
the existing background colors.
Before removing graffiti, the contractor shall photograph graffiti for documentation purposes.
All graffiti paint -over shall be done in a rectangular or square design with two (2) sides horizontal to
the ground at the minimum size needed to encompass the extreme limits of the graffiti violation.
At the end of each business day, the contractor shall email a list identifying the work completed
within the City of Tustin.
Any month, in which the contractor wishes to receive payment for Graffiti Abatement Services which
have been previously determined acceptable by City staff, the contractor must submit to the
Community Development Department an invoice for services rendered per j ob prior to the date of the
invoice. All submittals shall include the cost prescribed for graffiti removal based upon square footage
of removal stipulated within the contract document, measurement of which is described herein. This
invoice shall be in the form approved by the City's Director of Finance and shall be submitted no
later than the first (Ist) working day of such month. The City will pay the contractor for all services
rendered on account of the contract price which are approved by the Community Development
Department pursuant to the contract no later than the last working day of said month.
Failure of the contractor to submit the required forms as stipulated herein will delay payment to the
contractor until the following billing cycle.
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For any submittal determined to be unclear or where the graffiti removal has been determined to be
incomplete or improper, the City shall verbally notify the contractor of the inadequacy within ten
(10) working days of the determination and shall withhold payment for services until the graffiti has
been removed to the satisfaction of the City.
The City of Tustin estimates that the contractor may be called upon to perform graffiti abatement
services of approximately 4,000 jobs during the first year of the contract. It is also estimated that, on
average, graffiti to be abated will not exceed 100 square feet in size. Jobs larger than 100 square feet
(or 40 square feet for water/sandblasting or chemical removal) may be counted as multiple jobs. In
submitting the proposal and by entering into an agreement with the City to perform annual graffiti
abatement services, the selected contractor agrees to carry out all requested graffiti abatement job
assignments regardless of size during the contract period and to be reimbursed for not more than the
amount indicated herein as the "Unit Cost per Job Completed" except when authorized by an
approved change order. Services rendered which exceed the "City Estimated Number of Jobs"
stipulated by work category described herein may be billed per job at the "Cost per Job Completed"
proposal amount, and will continue to be reimbursed by the City. Once the "Unit Cost per Job
Completed" amount is reached, a change order must be processed for the contractor to be reimbursed
for each additional job cost, as specified in Section D, General Provisions. The City reserves the right
to award more or less than 3,000 pieces of work for which the chosen contractor shall be paid on a
per unit basis.
SPECIFICATIONS FOR GRAFFITI REMOVAL
The method(s) of removal may vary depending upon the type of graffiti and condition of the surface.
Unless authorized otherwise by the Community Development Director or designee, however; the
contractor shall remove graffiti by painting the existing surface using a custom matched color of paint.
The following methods of removal may be used ONLY at the discretion of the Community
Development Director or designee:
Sandblasting or other pressurized removal systems - This method of removal may be used
on surfaces such as concrete, cinder block, orbrick.
Chemical removal - This method of removal may be used on non -porous surfaces such as
granite, tile, metal, and some marble.
Materials and Equipment
The contractor shall properly prepare all stucco, masonry, metal, wood, or other exterior surfaces in a
manner that will result in an acceptable bonding of the applied paint and deter the visibility of graffiti.
The contractor shall use "Dunn Edwards" exterior acrylic flat paint (W720 Acri-Hues) or an
equivalent (as approved by the City of Tustin) in the painting of all exterior surfaces, unless
determined otherwise by the Community Development Director ordesignee.
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The materials shall be applied in such a manner as will ensure smooth, even, uniform coats free of
dirt, drips, ridges, runs, and brush marks resulting from Contractor's work. When completed, the
painting shall represent a workman -like appearance.
Paint shall be applied under dry, dust -free conditions and shall not be applied when the temperature
is below 40 degrees Fahrenheit. All primer and intermediate coats of paint shall be unscarred and
completely integral as well as completely dry at the time of the application of each succeeding coat.
- Deep base paints - Firm drying time average of 60 minutes, hard in 12 hours. Spreading
rate: 300 sq. ft. per gallon stucco and masonry; 350 to 450 sq. ft. per gallon on wood.
- Light blase paints - Firm drying time of 60 minutes. Spreading rate: 350 - 400 sq. ft. per
gallon.
The contractor must provide an airless spray unit (minimum 2500 p.s.i.), and such other equipment
as may be necessary to perform graffiti removal (e.g., ladders, brushes, etc.).
For certain surfaces, the Community Development Director or designee may authorize that chemical -
based materials be used in a manner to accomplish graffiti removal.
Manufacturer's recommendations for mixing, thinning, applying, type of exposure, surface to be
covered, and type of surface wear to which the paint will be subjected shall be explicitly followed.
The contractor must have the ability to reach difficult locations when removing graffiti. To this end
the contractor shall at all times have ladders, painting extensions on every vehicle and 24/7 access to
a bucket truck vehicle with a minimum extension height of a minimum forty (40) feet.
Public Relations
All employees of the contractor must wear clean and professional clothing in the performance of
their duties. Equipment must be clean and maintained in a safe operating manner. All equipment
shall be subject to inspection by the City. The contractor at all times must conduct service with
utmost courtesy to the public.
Contractor Responsibility
The contractor must assume the responsibility for all work performed.
Cleanup
All finished surfaces must be left clean and reasonably dust free. At the completion of the work, the
contractor must clean all exposed surfaces soiled by the work, repair all damage caused by the work
at no extra cost to the property owner or the City of Tustin, remove all debris of the work from the
job site, and leave the entire site ready for use.
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NPDES REQUIREMENTS (Not a Proposal Item)
The Santa Ana Regional Water Quality Control Board (RWQCB) has issued a permit to Orange
County and incorporated cities in the Santa Ana Region to govern storm water and non -storm water
discharges resulting from construction activities. The RWQCB Permit is National Pollutant Discharge
Elimination System (NPDES) Permit No. CAS618030. Copies of the RWQCB Permit are available
for review from the City of Tustin Public Works Department.
The County of Orange has developed a Drainage Area Management Plan (DAMP) to comply with
the Permit requirements. The DAMP contains Best Management Practices (BMPs) that all
construction personnel must adhere to. The BMPs include pollution prevention and source control
techniques to minimize the impact of construction activities upon dry -weather urban runoff, storm
water runoff, and receiving water quality.
All work performed under this contract shall conform to the above referenced NPDES Permit, the
current edition of the DAMP, and the City of Tustin's Water Quality Ordinance. In addition, the
contractor is required to comply with all applicable local, state and federal clean water regulations,
laws, provisions, etc. in the performance of their work.
The contractor shall implement all applicable BMPs and ensure that all staff are properly trained and
understand the BMPs.
The contractor must:
• Transport paint and materials to and from job sites in containers with secure lids and tied
down to the transport vehicle.
• Not transfer or load paint near storm drain inlets or watercourses.
• Test and inspect spray equipment prior to starting to paint. Tighten all hoses and
connections and do not overfill paint container.
• Capture all clean-up water, and dispose of properly.
• Not remove graffiti during a rain event.
• Protect nearby storm drain inlets prior to removing graffiti from walls, signs, sidewalks, or
other structures needing graffiti abatement. Clean up afterwards by sweeping or vacuuming
thoroughly, and/or by using absorbent and properly disposing of the absorbent.
• Direct runoff from sand blasting and high pressure washing (with no cleaning agents) into
a landscaped or dirt area. If such an area is not available, filter runoff through an appropriate
filtering device (e.g. filter fabric) to keep sand, particles, and debris out of storm drains.
• Plug nearby storm drains and vacuum/pump wash water to the sanitary sewer if a graffiti
abatement method generates wash water containing a cleaning compound (such as high
pressure washing with a cleaning compound).
• Consider using a waterless and non -toxic chemical cleaning method for graffiti removal
(e.g. gels or spray compounds).
The contractor may be asked to:
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• Plug nearby storm drain inlets prior to the start of painting where there is significant risk
of a spill reaching storm drains. Remove plugs when job is completed.
• Cover nearby storm drain inlets if sand blasting is used to remove paint, prior to starting
work.
• Use a sander with a vacuum filter bag if sanding.
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Section F — Federal Lobbying Restrictions
FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the
recipient or any lower tier sub -recipient of a Federal -aid contract to pay for any person for
influencing or attempting to influence a Federal agency or Congress in connection with the
awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into
of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this
Federal -aid contract and the recipient shall submit an executed certification and, if required, submit
a completed disclosure form as part of the proposal documents.
A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal
agency is included in the Proposal. Standards Form - LLL, "Disclosure of Lobbying Activities,"
with instructions for completion of the Standard Form is also included in the Proposal. Signing the
Proposal shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each
subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but no
certifications, shall be forwarded from tier to tier until received by the Community Development
Director.
The Contractor, subcontractors, and any lower -tier contractors shall file a disclosure form at the
end of each calendar quarter in which there occurs any event that requires disclosure for that
materially affects the accuracy of the information contained in any disclosure form previously filed
by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects
the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be
paid for influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a
covered Federal Action; or
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or
attempt to influence a covered Federal Action.
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City of Tustin,
Community Development Department
I, the undersigned,
application for
in connection with and as a part of my
state as follows:
Within the last twelve (12) months, I have made the following campaign contributions to a
member or members of the:
❑ City Council
Date(s) of Contribution(s):
Contribution(s) paid to:
Contribution(s) for:
Amount of Contributions(s):
(If no contributions were made, write "none.")
I declare under penalty of perjury that the foregoing is true and correct.
Executed this
Print Name
day of
20 , at
California.
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•
Section G — Federal Contract Provisions
Required Contract Provisions Federal -Aid Contracts
GENERAL
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. The
conditions stated below are subject to change following the new fiscal year.
Except as otherwise provided for in each section, the contractor shall insert in each subcontract all
of the stipulations contained in these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required
Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with these Required
Contract Provisions.
a) A breach of any of the stipulations contained in these Required Contract Provisions shall
be sufficient grounds for termination of the contract.
b) A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
c) Disputes arising out of the labor standards provisions of Section IV (except paragraph 5)
and Section V of these Required Contract Provisions shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 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 DOL, or the contractor's employees
or their representatives.
Selection of Labor: During the performance of this contract, the contractor shall not:
a) discriminate against labor from any other State, possession, or territory of the United States
(except for employment preference for Appalachian contracts, when applicable, as
specified in Attachment A), or
b) employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
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NONDISCRIMINATION
(Applicable to all Federal -aid contracts and to all related subcontracts of $10,000 or more.)
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 and 41 CFR 60) 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 Equal Opportunity Construction Contract Specifications
set forth under 41 CFR 60-4.3 and the provisions of the American 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 State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of his/her activities under
the contract.
b) The contractor will accept as his 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,
ancestry, 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, preapprenticeship, and/or
on- the job training."
EEO Officer: The contractor will designate and make known to the SHA contracting officers an
EEO Officer who will have the responsibility for and must be capable of effectively administering
and promoting an active contractor program of EEO and who must be assigned adequate authority
and responsibility to do so.
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.
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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 minority group
employees.
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.
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 minority groups 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 minority group applicants. To meet this requirement, the contractor will identify
sources of potential minority group employees, and establish with such identified sources
procedures whereby minority group 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, he is expected to observe the provisions of that agreement to the extent that
the system permits the contractor's compliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the effect of discriminating
against minorities or women, or obligates the contractor to do the same, such
implementation violates Executive Order 11246, as amended.)
c) The contractor will encourage his present employees to refer minority group applicants for
employment. Information and procedures with regard to referring minority group
applicants will be discussed with employees.
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, ancestry, age, or disability. The following procedures shall be followed:
a) The contractor will conduct periodic inspections of project sites to ensure 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.
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d) The contractor will promptly investigate all complaints of alleged discrimination made to
the contractor in connection with his 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 his avenues of
appeal.
Training and Promotion:
a) The contractor will assist in locating, qualifying, and increasing the skills of minority group
and women employees, and applicants for employment.
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. Where feasible, 25 percent of apprentices or trainees in each occupation shall
be in their first year of apprenticeship or training. In the event a special provision for
training is provided under this contract, this subparagraph will be superseded as indicated
in the special provision.
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 minority
group and women employees and will encourage eligible employees to apply for such
training and promotion.
Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such
unions of minority and female employees. 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 best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for
membership in the unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b) The contractor will use best 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, ancestry, 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 SHA 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 minority
and women referrals within the time limit set forth in the collective bargaining agreement,
the contractor will, through independent recruitment efforts, fill the
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employment vacancies without regard to race, color, religion, sex, national origin, ancestry,
age, or disability; making full efforts to obtain qualified and/or qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with which
the contractor has a collective bargaining agreement providing for exclusive referral failed
to refer minority employees.) 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 SHA.
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,
ancestry, age, or disability in the selection and retention of subcontractors, including procurement
of materials and leases of equipment.
a) The contractor shall notify all potential subcontractors and suppliers of his/her EEO
obligations under this contract.
b) Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal
opportunity to compete for and perform subcontracts which the contractor enters into
pursuant to this contract. The contractor will use his best efforts to solicit proposals from
and to utilize DBE subcontractors or subcontractors with meaningful minority group and
female representation among their employees. Contractors shall obtain lists of DBE
construction firms from SHA personnel.
c) The contractor will use his best efforts to ensure subcontractor compliance with their EEO
obligations.
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 completion of the contract work and shall be available at reasonable times and places
for inspection by authorized representatives of the SHA and the FHWA.
a) The records kept by the contractor shall document the following:
a. The number of minority and non -minority group members and women employed
in each work classification on the project;
b. The progress and efforts being made in cooperation with unions, when applicable,
to increase employment opportunities for minorities and women;
c. The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority and female employees; and
d. The progress and efforts being made in securing the services of DBE subcontractors
or subcontractors with meaningful minority and female representation among their
employees.
e. The contractors will submit an annual report to the SHA 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. If on-the-job
training is being required by special provision, the contractor will be required to
collect and report training data.
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NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
b) By submission of this proposal, the execution of this contract or subcontract, or the
consummation of this material supply agreement or purchase order, as appropriate, the
proposer, Federal -aid construction contractor, subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide for its employees any
segregated facilities at any of its establishments, and that the firm does not permit its
employees to perform their services at any location, under its control, where segregated
facilities are maintained. The firm agrees that a breach of this certification is a violation of
the EEO provisions of this contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or disability.
c) As used in this certification, the term "segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms, and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive, or are, in fact, segregated on the basis
of race, color, religion, national origin, age or disability, because of habit, local custom, or
otherwise. The only exception will be for the disabled when the demands for accessibility
override (e.g. disabled parking).
d) The contractor agrees that it has obtained or will obtain identical certification from
proposed subcontractors or material suppliers prior to award of subcontracts or
consummation of material supply agreements of $10,000 or more and that it will retain
such certifications in its files.
PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural minor
collectors, which are exempt.)
General:
a) All mechanics and laborers 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 (29
CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full
amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time
of payment. The payment shall be computed at wage rates not less than those contained in
the wage determination of the Secretary of Labor (hereinafter "the wage determination")
which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcontractors and such laborers
and mechanics. The wage determination (including any additional classifications and wage
rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the
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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. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of
the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of Section IV,
paragraph 3b, hereof. Also, for the purpose of this Section, 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
paragraphs 4 and 5 of this Section IV.
b) 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.
c) All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract.
Classification:
a) The SHA contracting officer shall require that any class of laborers or mechanics employed
under the contract, which is not listed in the wage determination, shall be classified in
conformance with the wage determination.
b) The contracting officer shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
a. the work to be performed by the additional classification requested is not performed
by a classification in the wage determination;
b. the additional classification is utilized in the area by the construction industry;
c. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
d. with respect to helpers, when such a classification prevails in the area in which the
work is performed.
c) If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known)
to be employed in the additional classification 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 DOL, Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, D.C. 20210. The Wage and Hour 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.
d) In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to
be employed in the additional classification or their representatives, and the contracting
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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. Said
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
e) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the
additional classification from the first day on which work is performed in the classification.
Payment of Fringe Benefits:
a) 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
or subcontractors, as appropriate, shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly case equivalent
thereof.
b) If the contractor or subcontractor, as appropriate, does not make payments to a trustee or
other third person, he/she may consider as a 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 asset for
the meeting of obligations under the plan or program.
Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a) Apprentices: Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered
in a bona fide apprenticeship program registered with the DOL, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship
agency recognized by the Bureau, or if a person is employed in his/her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be
eligible for probationary employment as an apprentice.
b) The allowable ratio of apprentices to journeyman -level employees 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 employee 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 listed in 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 or subcontractor is performing construction on a project in
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a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman -level hourly rate) specified in the contractor's
or subcontractor's registered program shall be observed.
c) 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 journeyman -level
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 for the Wage and Hour Division determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination.
d) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor
or subcontractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the comparable work performed by regular employees until an
acceptable program is approved.
e) Trainees: Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the DOL, Employment and Training Administration.
Ij The ratio of trainees to journeyman -level employees on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. 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.
g) Every trainee must be paid at not less than the rate specified in the approved program for
his/her level of progress, expressed as a percentage of the journeyman -level 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 -level wage rate on the wage determination which provides for less than full
fringe benefits for apprentices, in which case such trainees shall receive the same fringe
benefits as apprentices.
h) In the event the Employment and Training Administration withdraws approval of a training
program, the contractor or subcontractor 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.
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i) Helpers: Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved pursuant to the
conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper
wage rate, who is not a helper under a approved definition, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed.
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.
Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of the
DOL withhold, or cause to be withheld, from the contractor or subcontractor 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,
as 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 SHA contracting officer 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.
Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer,
mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to
work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard
receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set
forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her 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
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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, mechanic,
watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of
$10 for each calendar day on which such employee was required or permitted to work in excess of
the standard work week of 40 hours without payment of the overtime wages required by the clause
set forth in paragraph 7.
Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized representative of the
DOL withhold, or cause to be withheld, from any monies 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 8 above.
STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural collectors,
which are exempt.)
Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
Payrolls and Payroll Records:
Payrolls and basic records relating thereto shall be maintained by the contractor and each
subcontractor during the course of the work and preserved for a period of 3 years from the date of
completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers,
and guards working at the site of the work.
a) The payroll records shall contain the name, social security number, and address of each
such employee; his or her correct classification; hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof
the types described in Section l (b)(2)(B) of the Davis Bacon Act); daily and weekly
number of hours worked; deductions made; and actual wages paid. In addition, for
Appalachian contracts, the payroll records shall contain a notation indicating whether the
employee does, or does not, normally reside in the labor area as defined in Attachment A,
paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found 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 I(b)(2)(B)
of the Davis Bacon Act, the contractor and each subcontractor shall maintain records
which show that the commitment to provide such benefits is
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enforceable, that the plan or program is financially responsible, that the plan or program
has been communicated in writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprentices and trainees, and ratios and wage rates
prescribed in the applicable programs.
b) Each contractor and subcontractor shall furnish, each week in which any contract work is
performed, to the SHA resident engineer a payroll of wages paid each of its employees
(including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5,
and watchmen and guards engaged on work during the preceding weekly payroll period).
The payroll submitted shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V. This information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal stock number 029- 005-
0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor
is responsible for the submission of copies of payrolls by all subcontractors.
c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the contractor or subcontractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
a that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
b. that such 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 the Regulations, 29 CFR 3;
c. that each laborer or mechanic has been paid not less that the applicable wage rate
and fringe benefits or cash equivalent for the classification of worked performed,
as specified in the applicable wage determination incorporated into the contract.
d) 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 2d of this Section V.
a The falsification of any of the above certifications may subject the contractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
b. The contractor or subcontractor shall make the records required under paragraph
2b of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, 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 SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions 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
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make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
RECORD OF MATERIALS, SUPPLIES, AND LABOR
On all Federal -aid contracts on the National Highway System, except those which provide solely
for the installation of protective devices at railroad grade crossings, those which are constructed
on a force account or direct labor basis, highway beautification contracts, and contracts for which
the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the
contractor shall:
a Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
b Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph lb relative to materials and
supplies, a final labor summary of all contract work indicating the total hours
worked and the total amount earned.
d At the prime contractor's option, either a single report covering all contract work or
separate reports for the contractor and for each subcontract shall be submitted.
SUBLETTING OR ASSIGNING THE CONTRACT
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 State. 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).
"Its own organization" shall be construed to include only workers employed and paid directly 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, assignee, or
agent of the prime contractor.
"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 proposal on the contract as a whole and in general are to be limited to
minor components of the overall contract.
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The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
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 SHA contracting officer determines is necessary to assure the performance of the
contract.
No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written
consent of the SHA 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 SHA has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions and requirements of the prime
contract.
SAFETY: ACCIDENT PREVENTION
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 SHA 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.
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.
333).
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. 333).
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
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
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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, the following notice 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:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS
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 not more that $10,000 or imprisoned not more than 5 years or both."
IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this proposal or the execution of this contract, or subcontract, as appropriate, the
proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
That any facility that is or will be utilized in the performance of this contract, unless such contract
is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-
604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as
amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection
Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
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That the firm agrees to comply and remain in compliance with all the requirements of Section 114
of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations
and guidelines listed thereunder.
That the firm shall promptly notify the SHA of the receipt of any communication from the Director,
Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract
is under consideration to be listed on the EPA List of Violating Facilities.
That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4
of this Section X in every nonexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
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 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 primary participant to
furnish a certification or an explanation shall disqualify such a person from participation in this
transaction.
The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause of default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal,"
"proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in
the Definitions and Coverage sections of rules implementing Executive Order 12549. You
may contact the department or agency to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
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The prospective primary 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.
The prospective primary 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 Transaction," provided by the department or
agency entering into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
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 may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the
nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs" (Nonprocurement List) which is compiled by the General
Services Administration.
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.
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.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement
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
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commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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 lb of
this certification; and
Have not within a 3-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or
more - 49 CFR 29)
By signing and submitting this proposal, the prospective lower tier is providing the certification
set out below.
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.
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.
The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered
transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
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.
The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
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Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
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 may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
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.
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 Covered Transactions:
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 participation in this transaction by any Federal department or agency.
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.
CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
The prospective participant certifies, by signing and submitting this proposal or proposal, to the
best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any 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.
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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.
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.
The prospective participant also agrees by submitting his or her proposal or proposal that he or she
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.
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