Cupertino City Council
February 4, 2025

Attachment A – Federal Bidding Requirements

CALTRANS FORM EXHIBIT 12-B MUST BE INCLUDED IN THE BID PACKAGE IN ORDER TO BE DEEMED RESPONSIVE.

The following Caltrans Disadvantage Business Enterprises (DBE) forms Exhibit 15-G, Exhibit 15- H (if applicable), and LAPM 9-I must be received by the City no later than 4:00 p.m. on the 5 th
calendar day after the bid opening. Submit completed forms electronically to [email protected]. F ailure to submit required DBE forms on time may result in the City deeming the bid package non-responsive.

The DBE contract goal for this project is 17%.

The following Caltrans form are listed here for reference and will be required to be filled out by the awarded contractor throughout construction and for final closeout. All forms can be found on Caltrans Local Assistance Website at: https://dot.ca.gov/programs/local-assistance/forms/local- assistance-procedures-manual-forms. Bidders s hall review these forms and factor into their bids the time it will take to complete these forms.

• LA
PM 16-B: DLA Subcontracting Request
• LAPM 9-J: DLA Disadvantaged Business Enterprise Commercially Useful Function Evaluation
• Exhibit 9-P: Prompt Payment Certification
• Exhibit 16-Z1: Monthly DBE Trucking Verification
• Exhibit 17-F: Final Report-Utilization of DBE and First-Tier Subcontractors • Exhibit 17-0 DBE Certification Status Change

Amount
Subcontracted

DIR Reg Number

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Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non- DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at https ://www.dir.ca.gov/Public-Works/Contractor- Registration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.

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

FEDERAL PROJECT NUMBER:

Photocopy this form for additional f irms.

Subcontractor Name & Location Line Item & Description Subcontract Percentage of Bid Item
Contractor License Number DBE
(Y/N) DBE Cert Number Annual Gross Receipts
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package

September 2021

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Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non- DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to p artici
pate as a subcontractor on this project.

FEDERAL PROJECT NUMBER:

Photocopy this form for additional f irms.

Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License N umber DBE
(Y/N) DBE Cert Numb er Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package

September 2021

Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
Exhibit 15-G: Construction Contract DBE Commitment

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

6. Prime Certified DBE:  7. Bid Amount:5. Bidder's Name:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid
Item
Number

11. Description of Work, Service, or
Materials Supplied

12. NAICS or
Work
Category
Codes

13. DBE
Certification
Number

14. DBE Contact Information
(Must be certified on the date bids are
opened)

15. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION

22. Local Agency Contract Number:

23. Federal-Aid Project Number:
%24. Bid Opening Date:

25. Contract Award Date:

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

26. Award Amount:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

27. Local Agency Representative’s Signature 28. Date

29. Local Agency Representative’s Name 30. Phone

31. Local Agency Representative’s Title

17. Preparer’s Signature 18. Date

19. Preparer’s Name 20. Phone

21. Preparer’s Title
DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

January 2023
$

Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location(s) as it appears on the project advertisement.

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.

SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. NAICS or Work Category Codes - Enter NAICS or Work Category Codes from the California Unified Certification Program database.

13. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

14. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.

Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

15. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided.

Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

16. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

17. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

18. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

19. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

20. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

21. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.

LOCAL AGENCY SECTION

22. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

23. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).

24. Bid Opening Date - Enter the date contract bids were opened.

25. Contract Award Date - Enter the date the contract was executed.

26. Award Amount – Enter the contract award amount as stated in the executed contract.

27. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.

28. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

29. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.

30. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

31. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.

January 2023

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ___% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:

Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of
each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

May 2020

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

May 2020

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:

May 2020

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION DLA DBE CONFIRMATION DOT LAPM 9-I (NEW 01/2023)FEDERAL PROJECT NUMBERNAME OF DBE BUSINESSNAME OF DBE REPRESENTATIVEDBE CERTIFICATION NUMBERNAME OF BIDDERNAME OF PRIME CONTRACTOR IF DIFFERENT FROM THE BIDDERNAME OF REPRESENTATIVE OF PRIME CONTRACTORDATE1Bid Item NumberItem of work and description of services to be subcontracted or materials to be provided Amount ($)1If 100% of an item is not to be performed or furnished by the DBE, describe the exact portion of the item to be performed or furnished. DBE firms can use this form as a written confirmation or use an equivalent form. Written confirmation must be submitted no later than 4 pm on the 5th day of bid opening.TotalAs an authorized representative of a certified disadvantaged business enterprise, I confirm if the bidder is awarded the contract, my business will enter into a contractual agreement with the bidder or prime contractor to perform the type and dollar amount of work shown on the DBE Commitment form. I certify under penalty of perjury that the foregoing is true and correct.Signature of DBE's Authorized RepresentativePrinted Name of DBE's Authorized RepresentativeTitle of DBE's Authorized RepresentativeDateADA NoticeThis document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].

Stevens Creek Boulevard Class IV Bikeway Phase 2A ATTACHMENT B – FEDERAL CIP Project #2022-15 CONTRACT REQUIREMENTS

Attachment B – Federal Contract Requirements

Exhibit 12-G
Required Federal-Aid Contract Language

Local Assistance Procedures Manual

October 2023

EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)

The f
ollowing language must be incorporated into all Local Assistance Federal -aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAI

NTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ..................................................................................... 2 A. Nondiscrimination Statement ............................................................................................................... 3 B. Contract Assurance ............................................................................................................................... 3 C. Prompt Progress Payment .................................................................................................................... 3 D. Prompt Payment of Withheld Funds to Subcontractors ................................................................... 3 E. Termination and Replacement of DBE Subcontractors..................................................................... 4 F. Commitment and Utilization ................................................................................................................. 6 G. Running Tally of Attainments ............................................................................................................... 7 H. Commercially Useful Function ............................................................................................................. 7 I. Use of Joint Checks .............................................................................................................................. 8

2. BID OPENING ...................................................................................................................................................... 9

3. BID RIGGING ....................................................................................................................................................... 9

4. CONTRACT AWARD ........................................................................................................................................... 9

5. CONTRACTOR LICENSE .................................................................................................................................... 9

6. CHANGED CONDITIONS .................................................................................................................................... 9 A. Differing Site Conditions ....................................................................................................................... 9 B. Suspensions of Work Ordered by the Engineer ................................................................................. 9 C. Significant Changes in the Character of Work ................................................................................. 10

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................................ 10

8. BUY AMERICA ................................................................................................................................................... 10

9. QUALITY ASSURANCE .................................................................................................................................... 11

10. PROMPT PAYMENT .......................................................................................................................................... 12

11. FORM F
HWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS .......................... 12

12. FEMALE AND MINORITY GOALS .................................................................................................................... 12

13. TITLE VI ASSURANCES.................................................................................................................................... 14

14. FEDERAL TRAINEE PROGRAM ...................................................................................................................... 19

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES .......................................................................................................................................................... 20

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal.

If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this
verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.

DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
• A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may inc lude, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non - DBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval.

Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract wor k by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

E. Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

Termination of DBE Subcontractors

After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:

1. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.

3. Submit Contractor’s DBE termination request by written letter to the Agency and include:
• One or more above listed justifiable reasons along with supporting documentation. • Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice
• The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days.

Replacement of DBE Subcontractors

After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment

2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days.

The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.

F. Commitment and Utilization
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9- I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

G. Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:

After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects that are awarded on or after September 1, 2023:

Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9- P.

H. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

The Contractor must perform CUF evaluation for each DBE company working on a federal -aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.

The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J:

Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5 th of the month for the previous three (3) months of work.

The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.

The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.

The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.

I. Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.

To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• LPA must authorize the request before implementation
• Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).

Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.

A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.

2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).

6. CHANGED CONDITIONS
A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coat ing is applied.

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products such as:

2.1 Polyvinylchloride

2.2 Composite Building Materials

3. Glass

4. Fiber optic cable (including drop cable)

5. Optical fiber

6. Lumber

7. Engineered wood

8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.

Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract:

The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:

1. _______________________________

2. _______________________________

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS

The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance wi th both of the following:

1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:

The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9- P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS

[Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT

A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]

[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]

12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)

174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
E
ureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

28.9 25.6

19.6 14.9

9.1 17.1

23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA

24.3 CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

26.1 23.6
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

Los Angeles, CA:

11.9 28.3

21.5 19.0

19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:

16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial

For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR -1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES

[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.

Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions : CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, p ermittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Sec tion 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodatio n, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Profi ciency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Federal Trainee Program Special Provisions
(to be used when applicable)

14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .

This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.

As part of the prime contractor’s equal opportunity affirmative action program, provide on- the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of :

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeym an status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and s how that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met:

1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk -typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off -site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:

1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA

2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section.

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND

SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list. 1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General
II. Nondiscrimination
III. Non- segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or 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 or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, 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.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required :

a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.

b.

The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

4 (1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;

5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and 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.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph

6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working 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 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with

8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. 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. 23 CFR 230.111(e)(2). 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 journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or

9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;

10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

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

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

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

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:

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

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.

1. Instructions for Certification – First Tier Participants:

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

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.

* * * * *

12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).

(5) Are not a corporation that has been convicted of a felony violation under any Federal law
within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

* * * * *

3. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.

a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily

13 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. 2 CFR 180.325.

* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:

(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;

(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

14 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

Stevens Creek Boulevard Class IV Bikeway Phase 2A ATTACHMENT C – KIMLEY HORN CIP Project #2022-15 POTHOLING REPORT

Attachment C – Kimley Horn Potholing Report

~ Delivering Excellence with a Sense of Urgency ~ ™
12/21/2022
Kimley Horn
Potholing Report
1/25/2023
Office (650)777-4324
Cell: (408)221-5090
[email protected]
EXARO Technologies Corporation
1831 Bayshore Highway
Burlingame, California
Mario Lopez

Date:

Prepared For:

Project #:

Location:

PH # Street Cut Size Asph Conc. Soil Utility Utility Size Material Depth Location Reference / Notes 1 SE Corner
Stevens Creek Blvd &
Wolfe Rd 1' x 1' 3" Dirt, Rocks Cleared 5'
36" E from street light.
11" N from traffic signal christy box.
2 SE Corner
Stevens Creek Blvd &
Wolfe Rd 1' x 1' 3" Dirt, Rocks Electric 2" Plastic 40" 53" E from street light.
40" S from face of curb.
3 SE Corner
Stevens Creek Blvd &
Wolfe Rd 1' x 1' 3"
Dirt, Rocks,
Concrete Comm Duct Concrete 6"
28" SE from face of curb.
29" SW from street light.
3A
SE Corner
Stevens Creek Blvd &
Wolfe Rd 1' x 1' 3" Dirt, Rocks Cleared 5'
49" SE from face of curb.
21" SW from street light.
4 SE Corner
Stevens Creek Blvd &
Wolfe Rd 1' x 1' 3" Dirt, Rocks Cleared 5'
75" SE from face of curb.
28" SW from street light.
5 NW Corner
Stevens Creek Blvd &
De Anza Blvd 1' x 1' Dirt,Rocks Cleared 5'
34" N from face of curb.
32" W from traffic signal christy box.
6 NW Corner
Stevens Creek Blvd &
De Anza Blvd 1' x 1' Dirt, Rocks Cleared 5'
68" N from face of curb.
36" W from traffic signal christy box.

Foreman Standby Rep
Technician Client Rep
Timesheet Date Start/End Hours OT Night Stay Check
Monday / Arrow Board Electronic
Detector
Tuesday / Cold patch GPR
Wednesday 12/21/2022 / 8 Class II Pk nails &
shiners
Thursday / Hotmix Aspht Vibra-plate
Friday / CDF/slurry Flat bed
Saturday / Ready-mix concrete Pick-up truck #
Sunday / Cutback Vac rig # 9
~Delivering Excellence with a Sense of Urgency~™
12/21/2022
Check
Kimley Horn
22-1133
Cupertino
Juan Carlos
Addt'l Crew/Flagger
Addt'l Crew/Flagger
Chris D
Client Representative Signature:

Field Changes or Special Requests from Client Representative:

Additional Equipment/Material used:

Client
Project #
City
Date
Pothole # 1 Street: SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size: 1' x 1' Location:

Asphalt:

Concrete: 3"
Notes:

Depth: Cleared 5'
Utility: 0
Size: 0
Material: 0
Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt, Rocks
36" E from street light.
11" N from traffic signal christy box.
12/21/2022
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
PH2
PH1
PH2
PH3
PH2
PH4

Client
Project #
City
Date
Pothole # 2 Street: SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 3"
Notes:

Depth: 40"
Utility: Electric
Size: 2"
Material: Plastic
Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt, Rocks
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
12/21/2022
53" E from street light.
40" S from face of curb.

PH2
PH1
PH3
PH4

Client
Project #
City
Date
Pothole # 3 Street: SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 3"
Notes:

Depth: 6"
Utility: Comm
Size: Duct
Material: Concrete
Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt, Rocks,
Concrete
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
12/21/2022
28" SE from face of curb.
29" SW from street light.

PH3
PH3A
PH4
PH4
PH3 PH3A

Client
Project #
City
Date
Pothole # 3A Street: SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size: 1' x 1' Location:

Asphalt:

Concrete: 3"
Notes:

Depth: Cleared 5'
Utility: 0
Size:

Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt, Rocks
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
12/21/2022
49" SE from face of curb.
21" SW from street light.

PH3
PH3A
PH4
PH4
PH3 PH3A

Client
Project #
City
Date
Pothole # 4 Street: SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 3"
Notes:

Depth: Cleared 5'
Utility: 0
Size:

Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt, Rocks
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
12/21/2022
75" SE from face of curb.
28" SW from street light.

PH3
PH3A
PH4
PH4
PH3 PH3A

Client
Project #
City
Date
Pothole # 5 Street: NW Corner Stevens Creek Blvd & De Anza Blvd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete:

Notes:

Depth: Cleared 5'
Utility: 0
Size:

Material:

Soil:

Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt,Rocks
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
12/21/2022
34" N from face of curb.
32" W from traffic signal christy box.

PH5
PH6
Client
Project #
City
Date
Pothole # 6 Street: NW Corner Stevens Creek Blvd & De Anza Blvd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete:

Notes:

Depth: Cleared 5'
Utility: 0
Size:

Material:

Soil:

Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Dirt, Rocks
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
12/21/2022
68" N from face of curb.
36" W from traffic signal christy box.

PH5
PH6
Date:

Prepared For:

Project #:

Location:

PH # Street Cut Size Asph Conc. Soil Utility Utility Size Material Depth Location Reference / Notes 6 SE Corner
Stevens Creek Blvd &
De Anza Blvd 1' x 1' Hard Dirt Cleared 5'
44" W from fire hydrant.
281" E from light post.
7 SE Corner
Stevens Creek Blvd &
De Anza Blvd 1' x 1' 5" Hard Dirt Cleared 5'
56" W from fire hydrant.
281" E from light post.
8 SE Corner
Stevens Creek Blvd &
De Anza Blvd 1' x 1' 5" Hard Dirt Cleared 5'
73"W from fire hydrant.
281" E from light post.
9 SE Corner
Stevens Creek Blvd &
De Anza Blvd 1' x 1' 5" Hard Dirt Gas 8" Steel 51"
92" W from fire hydrant.
281" E from light post.

Foreman Standby Rep PG&E
Technician Client Rep
Timesheet Date Start/End Hours OT Night Stay Check
Monday / Arrow Board Electronic
Detector
Tuesday / Cold patch GPR
Wednesday 1/25/2023 / 8 Class II Pk nails &
shiners
Thursday / Hotmix Aspht Vibra-plate
Friday / CDF/slurry Flat bed
Saturday / Ready-mix concrete Pick-up truck #
Sunday / Cutback Vac rig # 7
~Delivering Excellence with a Sense of Urgency~™
1/25/2023
Kimley Horn
22-1133
Cupertino
Candido Gomez Addt'l Crew/Flagger
Juan Carlos Addt'l Crew/Flagger
Check Additional Equipment/Material used:

Field Changes or Special Requests from Client Representative:

Client Representative Signature:

Client
Project #
City
Date
Pothole # 6 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size: 1' x 1' Location:

Asphalt:

Concrete:

Notes:

Depth: Cleared 5'
Utility: 0
Size:

Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Dirt
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
1/25/2023
44" W from fire hydrant.
281" E from light post.

PH8
PH7
PH6
Client
Project #
City
Date
Pothole # 7 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 5"
Notes:

Depth: Cleared 5'
Utility: 0
Size:

Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Dirt
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
1/25/2023
56" W from fire hydrant.
281" E from light post.

PH8
PH7
PH6
Client
Project #
City
Date
Pothole # 8 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 5"
Notes:

Depth: Cleared 5'
Utility: 0
Size: 0
Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Dirt
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
1/25/2023
73"W from fire hydrant.
281" E from light post.

PH8
PH7
PH6
Client
Project #
City
Date
Pothole # 9 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size: 1' x 1' Location:

Asphalt:

Concrete: 5"
Notes:

Depth: 51"
Utility: Gas
Size: 8"
Material: Steel
Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Dirt
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
1/25/2023
92" W from fire hydrant.
281" E from light post.

PH8
PH7
PH6

~ Delivering Excellence with a Sense of Urgency ~ ™
Cell: (408)221-5090
[email protected]
EXARO Technologies Corporation
1831 Bayshore Highway
Burlingame, California
Mario Lopez
4/3/2023
Kimley Horn
Potholing Report

Office (650)777-4324

Date:

Prepared For:

Project #:

Location:

PH # Street Cut Size Asph Conc. Soil Utility Utility Size Material Depth Location Reference / Notes 1 De Anza 1' x 1' 5"
Hard Road
Base Clearing Cleared 5'
71" S from face of curb.
103" E from face of curb.
2 1' x 1' 5"
Hard Road
Base unknown 2" PVC 50"
85" S from face of curb.
103" E from face of curb.
3 1' x 1' 5"
Hard Road
Base Clearing Cleared 5'
100" S from face of curb.
103" E from face of curb.
4 1' x 1' 5"
Hard Road
Base Clearing Cleared 5'
119" S from face of curb.
103" E from face of curb.

Foreman Standby Rep PG&E
Technician Client Rep
Timesheet Date Start/End Hours OT Night Stay Check
Monday 4/3/2023 / 8 Arrow Board Electronic
Detector
Tuesday / Cold patch GPR
Wednesday / Class II Pk nails &
shiners
Thursday / Hotmix Aspht Vibra-plate
Friday / CDF/slurry Flat bed
Saturday / Ready-mix concrete Pick-up truck #
Sunday / Cutback Vac rig # 8
~Delivering Excellence with a Sense of Urgency~™
Client Representative Signature:

Field Changes or Special Requests from Client Representative:

Additional Equipment/Material used:
4/3/2023
Check
Kimley Horn
22-1133
Cupertino
Eddie O
Addt'l Crew/Flagger
Addt'l Crew/Flagger
Yo Singh

Client
Project #
City
Date
Pothole # 1 Street: De Anza
Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 5"
Notes:

Depth: Cleared 5'
Utility: Clearing
Size: 0
Material: 0
Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Road
Base
71" S from face of curb.
103" E from face of curb.
4/3/2023
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino

Client
Project #
City
Date
Pothole # 2 Street: 0.00
Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 5"
Notes:

Depth: 50"
Utility: unknown
Size: 2"
Material: PVC
Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Road
Base
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
4/3/2023
85" S from face of curb.
103" E from face of curb.

Client
Project #
City
Date
Pothole # 3 Street: 0.00
Cut Size: 1' x 1' Location:

Asphalt: 0
Concrete: 5"
Notes:

Depth: Cleared 5'
Utility: Clearing
Size:

Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Road
Base
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
4/3/2023
100" S from face of curb.
103" E from face of curb.

Client
Project #
City
Date
Pothole # 4 Street: 0.00
Cut Size: 1' x 1' Location:

Asphalt:

Concrete: 5"
Notes:

Depth: Cleared 5'
Utility: Clearing
Size:

Material:

Soil:

Picture 1 Picture 2
Picture 3
~ Delivering Excellence with a Sense of Urgency ~ ™
Hard Road
Base
Subsurface Utility Report
Kimley Horn
22-1133
Cupertino
4/3/2023
119" S from face of curb.
103" E from face of curb.

Stevens Creek Boulevard Class IV Bikeway Phase 2A TECHNICAL SPECIFICATIONS CIP Project #2022-15 Page 168
Technical Specifications

TABLE OF CONTENTS

TABLE OF CONTENTS

TECHNICAL SPECIFICATIONS
SEC
TION 01 50 00 TEMPORARY FACILITIES AND CONTROLS
SECTION 01 55 26 TRAFFIC CONTROL REQUIREMENTS
SECTION 01 56 39 TREE AND LANDSCAPE PROTECTION
SECTION 01 57 23 TEMPORARY WATER POLLUTION CONTROL
SECTION 01 71 13 MOBILIZATION
SECTION 01 71 23 FIELD ENGINEERING AND SURVEY WORK
SECTION 01 71 33 PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES SECTION 02 41 19 SELECTIVE DEMOLITION
SECTION 03 40 00 PRECAST CONCRETE BLOCKS
SECTION 10 14 53 SIGNAGE
SECTION 31 10 00 SITE CLEARING
SECTION 31 20 00 EARTHWORK
SECTION 32 11 23 AGGREGATE BASE
SECTION 32 12 16 ASPHALT PAVING
SECTION 32 16 00 CONCRETE CURBS, CURB AND GUTTERS, BIKE PATHS, AND SIDEWALKS SECTION 32 16 43 CONCRETE BUS PAD
SECTION 32 17 23 PAVEMENT STRIPES AND MARKINGS
SECTION 33 05 61 ADJUSTING MANHOLES AND STRUCTURES
SECTION 33 41 00 TRENCH DRAIN FRAME AND GRATE
SECTION 34 41 13 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS

SECTION 01 50 00 – TEMPORARY FACILITIES AND CONTROLS

SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL

1.1 WORK INCLUDES
Providing temporary facilities or performing or conforming to control procedures and requirements as listed herein and as specified in these specifications.

1.2 REFERENCES
A. Code of Federal Regulations (CFR)
B. Americans with Disabilities Act (ADA)

1.3 SUBMITTALS (NOT USED)

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION

3.1 Temporary Bus Stop Relocation
See Special Conditions, Section 16 regarding Contractor coordination requirements for the temporary relocation of the existing bus stop located at the southeast corner of Stevens Creek Boulevard and South De Anza Boulevard. Temporary bus stop must comply with all ADA requirements and CFR, Section R309.1 “Transit Stops and Transit Shelters”.

3.2 Construction Utilities
Water - It shall be the Contractor's responsibility to coordinate with California Water Service or San Jose Water Company to furnish water supply and to provide hoses and/or piping to convey water to the construction site.

Electricity and Telephone - The Contractor shall provide these utilities as required for the work.

3.3 Sanitary Facilities –
The Contractor shall provide adequate toilet facilities for all work ers and representatives of the City employed on the job. Facility shall be immediately adjacent to the work area and subject to the approval of the City as to location and type. The Contractor shall maintain them in sanitary conditions from the beginning of the work until completion and shall then remove the facilities and disinfect the premises. All portions of the work shall be maintained at all times in a sanitary condition. Sanitary facilities shall be noted on the Temporary Water Pollution Control Plan.

3.4 Storage Facilities
It is the Contractor’s responsibility to find a storage area for equipment and material during the duration of the project. All materials and equipment shall be stored at the jobsite or at the Contractor's storage area.

Storage areas shall be fenced. Fencing materials and boundaries of storage areas shall be subject to approval of the City. All coordination with neighbors of the storage area is the Contractor's responsibility.

Storage yard shall have a construction entrance to prevent dirt and mud from leaving the yard. In the event material is tracked onto the street, it shall be swept and cleaned immediately.

3.5 Field Office
If the Contractor elects to establish an office for his own use on the project, the size, location and construction shall be subject to the approval of the City.

SECTION 01 50 00 – TEMPORARY FACILITIES AND CONTROLS

3.6 Housekeeping
Keep the project neat, orderly, and in a safe condition at all times. Immediately remove all hazardous rubbish. Do not allow rubbish to accumulate. Provide on-site containers for collection of rubbish or dispose of it at frequent intervals during progress of work. Contractor shall wet down dry materials and rubbish to prevent blowing dust. Keep volatile wastes in covered containers.

The Contractor shall properly dispose of all litter, trash, garbage which may accumulate on the project site on a daily basis.

3.7 Environmental Protection Requirements
Provide environmental protective measures as required to control pollution that develops during normal construction practice, and as required to correct conditions that develop during the construction of permanent or temporary features associated with the project. Comply with all federal, state, and local regulations pertaining to water, air, and noise pollution. Prior to the commencement of the work, meet with the City to develop a mutual understanding relative to details of environmental protection, inc luding measures for protecting natural resources and measures to be taken should the Contractor fail to provide adequate protection in an adequate and timely manner.

3.8 Protection of Trees and Other Vegetation
Except in areas indicated to be cleared, do not remove, cut, deface, injure, or destroy trees, shrubs or other vegetation without special permission from the City. Do not fasten or attach ropes, cables, or guys to any existing nearby trees for anchorages unless specifically authorized. Where such special emergency use is authorized, the Contractor shall be responsible for any resultant damage. Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by c onstruction operations in accordance with City Standard Detail No. 6-4 Tree Protection Standards.

Repair or restore to their original condition all trees or other landscape features scarred or damaged by the equipment or operations. Obtain approval of the repair or restoration from the City prior to its initiation.

3.9 Air, Soil, and Water Pollution Control Measures
Take all necessary reasonable measures to reduce air, soil, and water pollution by any material or equipment used during construction.

No burning will be permitted.

Do not dispose of volatile wastes or oils or allow waste materials to be wash into storm or sanitary drains, nor allow such materials to reach watercourses.

3.10 Erosion Protection
All earthwork brought to final grade shall be immediately finished as indicated or specified in the project specifications or on the drawings. Immediately protect side slopes and back slopes upon completion of rough grading. Plan and conduct all earthworks in such a manner as to minimize the duration of exposure of unprotected soils per Section 01 57 23 – Temporary Water Pollution Control.

3.11 Dust Control
Keep dust down at all times, including non-working hours, weekends, and holidays. Sprinkle or treat, with dust suppressors, the soil at the site, and other areas disturbed by operations. No dry power brooming is permitted. Instead, use vacuuming, wet mopping, wet sweeping, or wet power brooming. Air blowing is permitted only for cleaning non- particulate debris, such as steel reinforcing bars. No sandblasting is permitted unless the dust from there is confined. Only wet cutting of concrete and asphalt is permitted. No unnecessary shaking of bags is permitted where bagged cement, concrete mortar, and plaster is used.

3.12 Sound Control Requirements
The noise level from the Contractor's operations, during allowed work hours, shall not exceed 86dbA at a distance of 50 feet from the project site.

SECTION 01 50 00 – TEMPORARY FACILITIES AND CONTROLS

The noise level caused by construction activities outside of allowed working hours shall not exceed 40dbA at a distance of 50 feet from the project site and be accomplished by the installation of a sound proof structure. Contractor shall submit a sound proof structure plan for the City's review prior to the start of the work.

This requirement in no way relieves the Contractor from responsibility for complying with local ordinances relating to noise.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of load sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Provide sound structure containment for any equipment used overnight during the coating application as described in the project specifications.

3.13 Preservation and Cleaning
The Contractor shall keep roads free from mud and other debris. If mud or debris is tracked onto the road, it shall be immediately cleared from the road. The Contractor shall completely clean roadways at the end of each day.

3.14 Cleanup and Removal of Temporary Facilities
Obliterate all signs of temporary construction facilities including work areas, structures, stockpiles of excess or waste materials, and all other vestiges of construction. Temporary parking areas and similar temporary use areas shall be graded in conformance with surrounding areas.

3.15 Sweeping
Sweep paved surfaces; rake other surfaces or grounds. Remove all tools, equipment, surplus materials, trash, garbage, and rubbish. At the time of final inspection, the project shall be thoroughly clean and ready for use.

3.16 Mechanical/Vacuum Roadway Sweeper
During the course of construction, the Contractor will be required to sweep the project site and haul routes and as requested by the City’s Project Inspector with a regenerated air type street sweeper.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under this section for Temporary Bus Stop Relocation shall not be measured and included in the various bid items in the Bid Forms unless noted otherwise.

B. The work performed under this section shall not be measured and included in the various bid items in the Bid Form unless noted otherwise.

4.2 PAYMENT
A. F ull compensation for Temporary Bus Stop Relocation shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed.

B. F ull compensation for Temporary Facilities and Controls except as otherwise specified shall be considered as included in the contract unit price for Mobilization and various bid items listed in the Bid Form and no additional compensation will be allowed.

END OF SECTION 01 50 00

SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS

SECTION 01 55 26 TRAFFIC CONTROL REQUIREMENTS
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Measures and requirements for temporary traffic control system.

B. Providing and maintaining temporary traffic control devices during construction in accordance with the applicable requirements of the City of Cupertino, the 2023 California Manual of Uniform Traffic Control Devices (MUTCD), latest revision, and the traffic control plans approved by the City.

C. Provision of temporary traffic control devices including temporary devices left in place for construction staging
D. Provision of construction area signs
E. Preparation of traffic control plan
F. Traffic control for surveying
G. Flaggers
H. Coordination with Santa Clara Valley Transportation Authority (VTA) for bus service

1.2 REFERENCES
A. 2023 California Manual on Uniform Traffic Control Devices (MUTCD), latest revision.

B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications and Revised
Standard Specifications. (“Caltrans Standard Specifications”).

1.3 SUBMITTALS
A. Submit traffic control plans prepared by a licensed civil engineer or traffic engineer to the City for approval five (5) working days prior to the pre-construction meeting. The pre-construction meeting will not take place until a traffic control plan has been authorized by the City. Traffic control shall note when lane closures will occur and for how long.

1.4 QUALITY ASSURANCE
A. Traffic control work must be performed by a contractor with a California C-31 license.

PART 2 - PRODUCTS
A. Traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications. They must be in good condition, sufficiently clean, and easily visible to traffic.

B. Signs used for traffic control shall conform to the requirements of the MUTCD.

PART 3 - EXECU TION

3.1 TRAFFIC CONTROL
A. Notify the following agencies in advance of any lane closures:

1. Santa Clara County Fire Department at (408) 378-4010

2. Santa Clara County Sheriff's Office at (408) 299-2311

3. Valley Transportation Authority at (408) 321-2300
B. Furnish, place, and maintain temporary traffic control devices in accordance with the MUTCD and the following conditions:

SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS

1. Traffic control plans must include a schedule of construction showing each phase of work and the anticipated method of handling traffic for each phase. Traffic control plans must include a scale drawing of the street, lane configuration, parking, sidewalk, work area, and the location of signs and cones, etc., to warn, direct, and guide traffic. For major intersections, the traffic control plan must reflect actual (not typical) intersection layout and show islands, medians, lane lines, bike lanes, nearby driveways, and pavement and lane widths.

2. Except as described in Part 3, traffic control system must maintain all vehicular, pedestrian, and bike movements. Total closure of Stevens Creek Boulevard will not be allowed. City may authorize temporary closure of local residential streets. Maintain local and emergency access.

3. If work will impact transit stops or transit routes, contact VTA or other affected transit companies to address relocation of facilities or rerouting of buses prior to submitting traffic control plan.

Traffic control plan must indicate what actions are being taken with regard to transit services.

4. Show haul route on traffic control plans.

C. A minimum of two paved traffic lanes, not less than 1 1 feet wide along Stevens Creek Boulevard in both directions shall be open for use by public traffic at all times. All lane closures must be reviewed and approved by the City in accordance with the Special Conditions.

D. The Contractor's employees are subject to all parking regulations in effect in the City of Cupertino.

E. Pl
ace barricades 50 feet on center at the gutter joints and provide one working flasher for each barricade.

Ensure that each flasher remains in working condition. Do not remove the barricades in the street at any given location until the asphalt concrete patching adjacent to the gutter and/or gutter overlay has been done and the hazard to bicyclists and motorists no longer exist.

F. Maintain access to driveways except when performing construction within the driveway boundaries, at which time partial access must be maintained unless alternate arrangements can be made with the property owners or tenants in advance. If the driveway to any garage or parking area must be closed for construction work, obtain written approval from the property owners and the City. Post notice 72 hours in advance stating the approximate time the driveway will be closed and reopened.

G. Haul routes must comply with City of Cupertino Municipal Code Chapter 11.32, “Truck Traffic Routes.” H. Obtain a Transportation permit from the Public Works Department for vehicles exceeding the weight or dimensions prescribed in the California Vehicle Code.

I. Provide a certified professional traffic control crew that is independent from the construction activity. This traffic control crew shall be responsible to the Contractor for implementing the traffic control measures detailed in this Contract. The crew is subject to the approval of the City.

J. Place signs in positions where they convey their message most effectively or as shown on the approved traffic control plan.

K. Provide Type II and III barricades with working flashers. At least one working flashing light must be installed on each barricade for night work. Flashing lights must be maintained in good working order for the duration of the work. Crosswalk closing barricades shall be Type II with a 6-inch reflective orange border at the base.

L. Temporary construction signs that are attached to existing poles shall not damage poles when they are
attached or removed. Hardware used for attaching signs to existing poles shall be completely removed from the poles when the signs are removed. If a construction sign is required in an area where it cannot be attached to an existing pole, it shall be attached to a 4” x 4” wood post. The distance from the ground surface to the bottom of the sign shall be seven (7) feet.

M. Trench plates in the vehicle or bicycle travel way shall be recessed and flush with the existing ground.

When multiple trench plates are used, they shall be tack welded together at the end of each day.

N. P lace customized “Trench Plates Ahead” on a working lighted barricade (Caltrans Type II) at each direction of traffic. Sand bags shall be used at each barricade to provide stability. The existing wind conditions and weather will determine the number of sand bags to be used.

SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS

O. "Trench Plate Ahead" signs shall have black letters in color, 4-inch high, on orange retroreflective sheeting background with non- running paint or color. Signs shall be maintained through the course of the project and shall be weather resistant. No paper signs are allowed.

P. If needed, 72 hours prior to the time which will require the Contractor to remove parked cars, the Contractor shall furnish and erect “No Parking” signs. These shall be attached to portable barricades and shall state the dates and time that parking will be restricted. The exact date and time signs are posted shall also be noted on the signs.

Q. Work shall not restrict visibility of any traffic control device.

R. If no work is occurring adjacent to traveled way, all lanes must be open and have a minimum width of 11 feet. Use high-visibility traffic control devices to separate traffic lanes from formwork.

S. Request City’s authorization if work requires temporary sidewalk closure or temporary reduction of sidewalk width to less than 4 feet. Provide alternate pedestrian facility for the duration of the closure or reduction. At intersections, work will be allowed at only one corner at a time so that pedestrian movements can be maintained through the intersection.

T. Signs and other warning devices shall be provided by the Contractor and shall become their property after completion of the Contract.

U. The above requirements are a minimum and do not limit the Contractor’s responsibility for doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists, and motorists.

V. Place K-rails adjacent to excavations exceeding 6 inches in depth (e.g. Bus pad work).

3.2 PORTABLE CHANGEABLE MESSAGE SIGNS
A. Portable changeable message signs shall be furnished, placed, operated, and maintained as directed by the City and shall conform to the provisions of Section 12, “Traffic Control,” of the Standard Specifications and these technical specifications . Two (2) signs shall be placed as far in advance of the start of work as possible as directed, and a minimum of two weeks prior to the start of work.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Traffic Control Requirements section will be measured on a lump sum unit cost.

4.2 PAYMENT
A. The contract lump sum (LS) price paid for “ Traffic Control” shall include full compensation for furnishing
all labor, materials, tools, equipment, and incidentals, including preparation and providing of the Traffic Control Plan, traffic control, flaggers, pedestrian and bicycle p ath of travel, vehicle towing, public notification, providing and posting of all constr uction signs, maintaining and removing construction signs , lane closure signs, detour signs, arrow boards, flaggers, temporary signs, furnishing, maintaining, and removing changeable message signs, barricades, k-rails, temporary traffic delineation, trench plates , and any other requirements of this section and the specification necessary to provide for the convenience and safety of the public and to facilitate the performance of the contract work as shown on the plans and specified herein, and as directed by the City, and no additional payment will be made therefore.

B. Portable changeable message signs will not be measured separately for payment and shall be considered to be included in the contract lump sum (LS) price paid for “Traffic Control.”

END OF SECTION 01 55 26

SECTION 01 56 39 – TREE AND LANDSCAPE PROTECTION

SECTION 01 56 39 TREE AND LANDSCAPE PROTECTION
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Protection and operational requirements of working around existing vegetation, as shown on the plans, to include, but not be limited to, the following:

Existing Tree and landscape Protection (above and below ground portions) Protective Fencing and Signage
Tree Root Management

1.2 REFERENCES
A. City of Cupertino Protected Trees, City of Cupertino Municipal Code Chapter 14.18.

B. City of Cupertino, Tree Protection Standard Detail 6-2, 6-3, and 6-4.

C. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications and Revised Standard Specifications. (“Caltrans Standard Specifications”)

1.3 SUBMITTALS
A. Make submittals under this section 5 days before pre-construction conference.

B. Tree Protection Fencing Plan describing project site methods to be employed and procedures for compliance with the tree protection requirements. Plan must include a list of trees to be protected and how each will be protected.

C. Tree Protection Fencing Schedule describing the sequence of installation and subsequent adjustment of protection measures when construction must occur within the limits of the tree protection measures.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECU TION

3.1 GENERAL TREE PROTECTION
A. Comply with City of Cupertino Protected Trees, City of Cupertino Municipal Code Chapter 14.18 and City of Cupertino, Tree Protection Standard Detail 6-4.

B. Notify the City and Arborist three (3) Working Days in advance of any work requiring digging around or within the drip-line of existing trees. No cutting of any part of any tree, including roots, shall be done without City’s and Arborist’s authorization and supervision.

C. City will perform pruning of trees that interfere with construction work. Notify City 48 hours in advance for pruning.

D. Tag and identify existing trees which are to remain within or adjacent to the project limits prior to start of Work. Provide regular watering of existing landscaping affected by the project throughout the construction period.

E. Protect existing trees from damage by workers or equipment. Place 4-foot high-visibility fence at the dripline of existing trees, or if possible, one and one-half (1.5) times the radius of the dripline out from the trunk of the tree. Wrap trees with straw waddles up to the first branches, then wrap high-visibility fence around the waddles on trees in the construction zone to protect them from bark damage caused by construction equipment.

F. If construction c ontinues during winter months (December 1 through March 31), remove straw waddles and

SECTION 01 56 39 – TREE AND LANDSCAPE PROTECTION

high-visibility fence from tree trunks and install four (4) tree stakes around each tree trunk. Wrap straw waddle around the stakes and wrap high-visibility fencing around the waddle.

G. Place a minimum of three inches (3”) of bark mulch around existing trees to be preserved (out to their drip- line) in areas that will be impacted during construction. Place mulch prior to construction.

H. Grading shall not create drainage problems for trees by channeling water into them or by creating sunken areas.

I. Open trenching in the root zone of any public tree is prohibited except where the trenching falls outside the drip-line of the tree involved. Exceptions may be made if in the opinion of the Arborist the impact of trenching upon the tree will be negligible.

J. If trenching in the root zone is allowed, cut roots along both sides of the proposed trench, as directed by the Arborist, with a Vermeer root cutter prior to any trenching to avoid tugging or pulling of roots.

K. If construction must occur within drip-line of existing trees, place excavated soil and other materials beyond the drip line. Request authorization to place soil within dripline if unavoidable, and if placement is authorized place soil on plywood, tarp or a thick bed of mulch. Prevent cutting into the soil surface when the backhoe or tractor blade refills the trench or removes excess material.

L. If trenching w ithin the root zone is authorized, refill open trenches within hours of excavation. If prompt refilling of trenches is not possible and weather is hot, dry, or windy, keep root ends moist by covering them with wet burlap. If temperature is eighty degrees Fahrenheit (80°F) or greater, inspect the burlap every hour and re-wet as necessary to maintain a constant cool moist condition. If temperature is below eighty degrees Fahrenheit (80°F), inspect the burlap every four (4) hours and re-wet as necessary to maintain a constant cool moist condition.

M. If roots two inches (2”) or larger must be cut, shovel by hand near the roots and saw the roots. Saw accidentally broken roots about two inches (2”) behind the ragged end. Do not leave crushed or torn roots unsawed.

N. Grade within the drip-line of trees with light, authorized equipment under the direct supervision of the Arborist. Do not change original grade at base of existing. If necessary, dry wells are to be used if grade is raised.

O. Do not cut any part of private and City trees, including roots, without direct supervision of a Certified Arborist.

P. Do not place materials, equipment, temporary buildings, fuels, paints, and other construction items within the drip-line of existing trees.

3.2 RESTORATION OF EXISTING LANDSCAPING
A. The c
ontractor shall restore existing landscape to pre-construction condition or better.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Tree and Landscape Protection section, will not be measured and shall be considered as included in the various bid items in the Bid Form.

4.2 PAYMENT
A. F ull compensation for Tree and Landscape Protection shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allow ed.

END OF SECTION 01 56 39

SECTION 01 57 23 – TEMPORARY WATER POLLUTION CONTROL

SECTION 01 57 23 TEMPORARY WATER POLLUTION CONTROL
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Preparation and implementation of Water Pollution Control Program B. Providing erosion control BMPs.

1.2 REFERENCES
The following permits, guidelines and practices apply to this project:

A. Water pollution control work shall conform to the requirements in the Caltrans "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Plan (WPCP) Preparation Manual” and the "Construction Site Best Management Practices (BMPs) Manual," and addenda thereto, hereafter referred to respectively as the "Preparation Manual" and the "Construction Site BMP Manual" and collectively as the "Manuals” except as otherwise authorized by RWQCB in the proposed Water Pollution Control Plan for this project. Copies of the Manuals and the Permits may be obtained from the Department of Transportation, Sacramento, California 95814. Copies of the Manuals may also be obtained from Caltrans’ web site at: https://dot.ca.gov/programs/construction/storm-water-and-water- pollution- control/manuals-and-handbooks.

B. National Pollutant Discharge Elimination Permit (NPDES) Municipal Stormwater Permit, per the California Regional Water Quality Control Board, San Francisco Bay Region, Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, NPDES Permit No. CAS612008, May 2022 and any subsequent updates or revisions.

C. C.3 Stormwater Hand book, Santa Clara Valley Urban Runoff Pollution Prevention Program, June 2024. Bay Area Air Quality Management District (BAAQMD) guidelines.

D. California Stormwater Quality Association (CASQA) Construction BMP Handbook.

E. City Construction Best Management Practices.

1.3 SUBMITTALS
A. The contractor shall submit a WPCP in accordance with the General Conditions.

B. Prepare a Temporary Water Pollution Control Schedule that shows the timing of grading or other work activities that could affect water pollution. Update the Temporary Water Pollution Control Schedule if changes in the Contractor's operations affect the necessary implementation of water pollution control practices.

PART 2 - PRODUCTS

2.1 MATERIALS
A. General: Materials shall be as specified in the most current CASQA BMP Construction Handbook Fact Sheets, the Water Pollution Control Program, the Manuals, and these specifications.

PART 3 - EXECUTION

3.1 DESCRIPTION
A. Implement the authorized project WPCP, including installation, maintenance and removal of BMPs.

B. Maintain sufficient BMP materials on hand to implement the WPCP for the duration of the project. Replace deficient BMPs.

3.2 WATER POLLUTION CONTROL PLAN MAINTENANCE PROGRAM

SECTION 01 57 23 – TEMPORARY WATER POLLUTION CONTROL

A. Provide sufficient personnel, materials and adequate equipment to perform the WPCP maintenance work.

Work shall consist of maintaining temporary water pollution control measures for the duration of the contract.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Temporary Water Pollution Control section will be measured on a lump sum unit cost.

4.2 PAYMENT
A. The contract Lump Sum price paid for TEMPORARY WATER POLLUTION CONTROL (including WPCP preparation) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in water pollution control, including preparing and submitting a water pollution control plan for City approval and implementing best management practices as required to prevent silt or contamination of the City stormwater collection system, implementing rain event action plans prior to each rain event, furnishing, installing, maintaining, relocating and removing when no longer required erosion and sedimentation control measures such as temporary fiber rolls, storm drain inlet protection, temporary silt fences, temporary cover for exposed soil, temporary concrete washout, stockpile cover, and street sweeping daily, and all other work complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the Engineer.

END OF SECTION 01 57 23

SECTION 01 71 13 – MOBILIZATION

SECTION01 71 13 MOBILIZATION
PART 1 GENERAL

1.1 WORK INCLUDED
A. Mobilization and demobilization
B. Preparatory work and activities necessary for the movement of personnel, equipment, supplies, and incidentals to the job site
C. Establishment of all offices, building, trailers, and other facilities necessary for work on the project D. Submittals, bonding and insurance requirements
E. Public notifications
F. Contacting and notifying utility companies
G. Fabricating and installing project identification signs H. Private property owner agreement for storage facilities I. All other work and activities which must be performed or costs incurred prior to beginning work on the various contract items on the project site
J. At least ten (10) days prior to beginning work, the Contractor shall photograph and video tape the project site in sufficient detail to show the existing site conditions, including but not limited to the proposed alignment, staging areas, routes of ingress and egress for hauling and delivering, and all other areas that the Contractor believes will, or could, be impacted by the work. The Contractor shall provide copy of imagery to the Engineer.

1.2 REFERENCES
A. Cal/OSHA – California Division of Occupation Safety and Health B. Underground Services Alert (USA)
PART 2 - PRODUCTS
NONE

PART 3 - EXECUTION

3.1 MOBILIZATION
A. Mobilization shall consist of preparatory work and activities listed in Part 1.1 above.

B. The Contractor shall ensure that adequate existing sanitation facilities are available, or the Contractor shall provide and maintain adequate sanitation facilities. All wastes and refuse from sanitary facilities provided by the Contractor’s operations shall be disposed of away from the site in accordance with all laws and regulations pertaining thereto.

C. Mobilization shall also include demobilization upon completion of work and cleanup of the site.

D. The contractor shall provide all labor, materials, equipment and incidentals to prepare the site for the timely start and efficient completion of all work. This includes obtaining all necessary licenses and permits, providing required submittals including but not limited to a detailed project schedule.

E. Mobilization shall also include notifications to all existing utility companies as shown on the Drawings.

SECTION 01 71 13 – MOBILIZATION

PART 4 - MEASUREMENT AND PAYMENT
The City with pay no greater than five percent (5%) of the total contract price as a separate pay item for MOBILIZATION payable incrementally per Section 9-1.16D “Mobilization” of the Caltrans Standard Specifications. In the event the Contractor submits a mobilization pay item greater than five percent (5%) of the total contract price, the County will pay any excess mobilization amount with the final Progress Payment.

The contract Lump Sum price paid for MOBILIZATION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in mobilizing labor, materials and equipment for a timely start and efficient completion of all work, including obtaining any necessary licenses and permits, providing required submittals, meeting with adjacent property residents and businesses, and contacting USA North (1- 800 227-2600), complete, in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. MOBILIZATION shall be considered as a non- adjustable contract bid item.

END OF SECTION 01 71 13

SECTION 01 71 23 – FIELD ENGINEERING AND SURVEY WORK

SECTION 01 71 23 FIELD ENGINEERING AND SURVEY WORK
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Surveying for layout and performance of the Work.

B. Any undue destruction of stakes by the Contractor or public shall constitute cause to hold the Contractor liable for the cost of re-staking, said cost to be paid for by the Contractor.

1.2 REFERENCES (NOT USED)

1.3 LINES AND GRADE
Control monuments, benchmarks, stakes or markers required to establish the lines and grades for the completion of the Work shall be the responsibility of the Contractor. Included are primary horizontal and vertical control, secondary horizontal and vertical control, rough grade, slope stakes, topographic surveys for quantity calculations, and construction surveys for layout of civil improvements.

1.4 SURVEYS FOR LAYOUT AND PERFORMANCE
General: The Contractor shall perform surveys for layout and performance of the Work, produce field notes, and make necessary calculations and drawings to carry out such work. Check the relative positions of all monuments and benchmarks to be used. Check such relative positions each time such monument or benchmark is used.

Datum: The Contractor shall correctly locate lines and grades required for the construction of the Work from the established reference points and elevations furnished on the Contract Drawings and from published federal, state, or city records which reference the vertical datum.

Equipment and Personnel: The Contractor shall ensure instruments and other survey equipment shall be accurate, suitable for the surveys required in accordance with recognized professional standards, and in proper condition and adjustment. Perform surveys under the direct supervision of a Professional Land Surveyor licensed to practice land surveying in California. Surveys and layouts shall be field checked and calculations shall be checked.

The Contractor shall ensure fie ld notes, sketches and field books must be presented to the City within 2 weeks of construction staking. Furnish copies of the field notes within 48 hours of performing staking.

Use by the City: The City may at any time use line and grade points and markers established by the Contractor. The Contractor's surveys are a part of the Work and may be checked by the City or representatives of the City at any time. The Contractor shall be responsible for any lines, grades, or measurements which do not comply with specified or proper tolerances, or which are otherwise defective, and for any resultant defects in the Work. Conduct re-surveys or check surveys to correct errors indicated by review of the field notebooks.

1.5 SURVEYING ACCURACY AND TOLERANCES IN SETTING SURVEY STAKES Control traverse field surveys and computations, including surveys of main control lines to determine alignment of major structure components, shall be performed to an accuracy of at least 1:25000.

The tolerances generally applicable in setting survey stakes shall be as set forth below. Such tolerances shall not supersede stricter tolerances specifically required by the Contract Documents, and shall not otherwise relieve the Contractor of responsibility for measurements in compliance therewith.

Tolerances: Tolerances in setting survey stakes shall not exceed the following:

Kind of Survey Stake or Markers On Error Tangent
Markers on hubs and monuments on centerline and offset centerlines 0.01 ft.

Intermediate stakes or markers on centerlines and offset centerlines 0.10 ft.

SECTION 01 71 23 – FIELD ENGINEERING AND SURVEY WORK

for: Rough excavation and embankment for roadways, and work not otherwise provided
Trimming of excavation and embankment unless otherwise provided 0.10 ft.

Structures and building construction 0.01 ft.

Equipment installation As required by
manufacturer
Trimming or preparation of earth sub- grade for roadways, concrete pipe, and other concrete structures

0.05 ft.

Steel pipe, and work not otherwise provided 0.05 ft.

Steel reinforcement, concrete pipe, and other formed concrete 0.02 ft.

1.6 SUBMITTALS
A. Submit name and address of Surveyor or professional engineer to City 5 days before pre-construction conference. Submit changes as they may occur.

B. On request of The City, submit documentation to verify accuracy of field engineering work.

C. Submit certificate signed by registered Civil Engineer or Land Surveyor certifying that elevations and locations of improvements are in conformance, or non-conformance, with Contract Documents.

D. Record Drawings:

1. At project completion, submit complete and accurate full-size hardcopy red-line mark-ups showing all changes and deviations from the bid set documents.

2. Completed record drawing mark-ups shall be dated, signed and certified as correct by the Licensed Surveyor or Civil Engineer. The record drawings are not deemed complete until accepted in writing by the City.

1.7 QUALITY ASSURANCE
A. Qualifications of Surveyor or Engineer: Engage a registered Civil Engineer or licensed Land Surveyor
acceptable to both Contractor and City and who is qualified to perform land surveying. Furnish to City prior to start of work the name and license (or registration number) issued by the State of California, Board of Registration for Professional Engineers and Land Surveyors. Provide notice to City if during course of construction the individual responsible for this work changes, and obtain approval of City for their replacement.

B. All field engineering services furnished during the course of this project shall be under the direct supervision and control of the named individual Civil Engineer or Land Surveyor.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION

3.1 SURVEY REFERENCE POINTS
A. Existing horizontal and vertical control points for the Project are those shown on drawings.

B. Locate and protect control points prior to starting site work and preserve permanent reference points during construction.

C. Make no changes or relocations without prior authorization.

SECTION 01 71 23 – FIELD ENGINEERING AND SURVEY WORK

D. Report to City if a reference point is lost, destroyed, or requires relocation because of necessary changes in grades or locations.

E. Identify and protect survey monuments discovered during construction that are not referenced on the project drawings in accordance with State Business and Professions Code section 8771 (d). Tie out such monuments and notify City prior to allowing them to be disturbed.

F. Replace permanent boundary markers disturbed during construction with new permanent monuments and file the required Record of Survey or Corner Record in accordance with the applicable State and County laws, at no additional cost to the City.

3.2 PROJECT SURVEY REQUIREMENTS
A. Establish a minimum of two permanent horizontal and vertical control points on the site, remote from the building area referenced to data established by survey control points.

B. Record locations, with horizontal and vertical data, on Project Record Documents, including description of monuments in place.

C. Establish lines and levels, locations and dimensions, by instrumentation or similar technical appropriate means.

D. Provide grade stakes and elevations as required to construct paved areas, curb and gutter, and other areas as required.

E. Calculate and layout subgrade elevations and intermediate controls as required to provide smooth transitions between the spot elevations indicated on the plans.

F. From time to time, verify the layout of all work by the same methods.

G. Provide grade stakes and elevations as required to construct paved areas, and other areas as required.

H. Calculate and layout subgrade elevations and intermediate controls as required to provide smooth transitions between the spot elevations indicated on the plans.

I. From time to time, verify the layout of all work by the same methods.

J. Provide batter boards or other similar control for drainage, utility, and other onsite structures as required.

3.3 RECORDS
A. Maintain a complete, accurate surveyor's log of all control and survey work as it progresses. Make this log available for reference.

PART 4 -

MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Field Engineering and Survey Work will be measured on a lump sum unit cost.

4.2 PAYMENT
A. The contract lump sum (LS) price paid for “ Field Engineering and Survey Work ” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in land surveying and staking, including control surveying, field surveying/staking, any necessary re-staking due to destruction, topo shots on concrete forms, protecting survey monuments, protecting survey monuments, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City.

END OF SECTION 01 71 23

SECTION 01 71 33 – PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES

SECTION 01 71 33 PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES PART 1 - GENERAL

1.1 WORK INCLUDES
A. Protection of existing Utilities

1.2 REFERENCES (NOT USED)

1.3 SUBMITTALS (NOT USED)

1.4 PROTECTION OF EXISTING UTILITIES
A. Notify, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure, the Underground Service Alert-Northern California (USA) at 1-800-227-2600 or 811, Crown Castle at 1-888-632-0931, Option 2, and utility companies that do not participate in USA which have underground facilities within the limits of the work. Notify USA at least 2 working days, but not more than 14 calendar days prior to performing excavation or other work close to underground facility. Notify other utility companies in accordance with each utility’s notification requirements. Have USA and other utility companies locate and mark their facilities within the area of excavation or other work. Maintain such markings in accordance with utility requirements, i.e. have markings renewed, as applicable.

B. Locations of existing utilities shown are approximate, based on record information. Additional utilities may exist. Locate and identify all underground structures, facilities, and piping prior to commencing any Work which may compromise said utilities. Maintain existing utilities and protect from damage as necessary to satisfy the requirements of jurisdictional utility companies and related codes and regulations. Refer to potholing specified elsewhere in this Section for additional requirements in regard to locating utilities. Refer to General Conditions for Contractor’s responsibilities if utilities not shown are discovered.

C. Potholing of Existing Utilities and Other Facilities: Prior to any excavation or other subsurface work, excavate, expose, and verify the location of existing utility mains and laterals and other existing underground facilities which may be affected by the Work.

D. Pothole and accurately locate all marked or inferred facilities located with less than five (5) feet clearance to the nearest point of proposed excavation or other subsurface temporary or permanent facility .

E. Survey and record the size, location, elevation, and alignment of potholed existing underground utilities and other facilities for inclusion in as-built drawings.

F. Provide traffic control and water pollution control required for potholing.

G. Do not proceed with excavation or other subsurface work until surrounding utilities and underground facilities have been located by potholing or other positive means. Determine the method and equipment required to perform potholing without damage to existing facilities. At minimum, utilize hand digging in the vicinity of high-risk utilities and where recommended by USA guidelines.

H. Backfill potholes and exploratory excavation in accordance with Section 31 20 00 Earthwork, and replace in kind any improvements removed during the potholing operation including pavement, curbs, sidewalks, or other improvements.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
PART 4 - MEASUREMENT AND PAYMENT

SECTION 01 71 33 – PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES

4.1 MEASUREMENT
A. The work performed under Protection of Adjacent Construction and Utilities section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise.

4.2 PAYMENT
A. The full compensation for Protection of Adjacent Construction and Utilities shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed.

END OF SECTION 01 71 33

SECTION 02 41 19 – SELECTIVE DEMOLITION

SECTION 02 41 19 SELECTIVE DEMOLITION
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Removal and off- site disposal of:

1. Asphalt concrete pavement

2. Concrete curb and gutter

3. Concrete bus pad

4. Concrete sidewalk

5. Pavement marking/striping

1.2 REFERENCES
A. American National Standards Institute (ANSI):

1. ANSI A10.6 Safety Requirements for Demolition Operations B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications and Revised Standard Specifications. (“Caltrans Standard Specifications”)

1.3 SUBMITTALS
A. Baseline schedule required in General Conditions indicating proposed methods and sequence of operations for selective demolition work to City for review prior to commencement of work. Include timing of traffic signal interruptions or utility shut-offs (if necessary).

B. Demolition Plan which indicates project site methods to be employed, sequence of equipment, procedures, disposal sites and proposed haul routes. Specify safety measures in accordance with applicable codes including signs, barriers, and temporary pedestrian sidewalks. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of City's, adjacent property owners and general public’s on and off-site operations.

C. Coordinate with City’s Project Inspector with respect to City's, adjacent property owners and general public’s continuing occupation of portions of existing site and make necessary provisions as applicable.

D. Permits and notices authorizing demolition.

E. Copy of manifests showing delivery of disposed materials in accordance with permit conditions, within 24
hours from time of delivery.

1.4 JOB CONDITIONS
A. Visit and examine the project site to determine the extent of demolition and disposal to be performed. Inspect existing conditions that will affect the execution of the Work.

B. Facilities that will remain in place, and vehicular / pedestrian traffic on public streets shall be protected and maintained.

C. Protection of Utilities

1. Protect active sanitary sewer, water, gas, electric, communication, and other utilities, storm drainage and irrigation lines indicated or, when not indicated, found or otherwise made known to the Contractor before or during demolition work. If utility is damaged, immediately notify the City and the utility owner for corrective action.

2. Arrange with and perform work required by utility companies and municipal departments for
discontinuance or interruption of utility services due to demolition work.

SECTION 02 41 19 – SELECTIVE DEMOLITION

D. Condition of Structures: City assumes no responsibility for actual condition of items or structures to be demolished.

E. Conditions existing at time of commencement of contract will be maintained by City insofar as practicable.

However, variations within site may occur by City's removal and salvage operations prior to start of selective demolition work.

F. Storage or sale of removed items on site will not be allowed.

G. Protections: Provide temporary fencing and other forms of protection as required to protect City's personnel and general public from injury due to selective demolition work.

H. Open depressions and excavations occurring as part of this work shall be barricaded and posted with warning lights when accessible through adjacent property or through public access. Operate warning lights during hours from dusk to dawn each day and as otherwise required.

I. Protect from damage existing finish work that is to remain in place and becomes exposed during demolition
operations.

J. Promptly repair damages caused to adjacent facilities by demolition work at no cost to City. Restore damaged finishes to match adjacent undamaged work.

K. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities.

L. Use of explosives will not be allowed.

M. Environmental Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection.

N. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding, and pollution.

O. Comply with requirements of Section 7 of General Conditions, and the following:

1. Provide continuous noise and dust abatement as required to prevent disturbance and nuisance to the public and workers and to the occupants of adjacent premises and surrounding areas. Dampen or cover areas affected by demolition operations as necessary to prevent dust nuisance.

2. When de molition noise is objectionable to the occupants of adjacent premises, make arrangements with the jurisdictional authorities to perform the noise- generating work at the least objectionable time of day.

PART 2 - PRODUCTS

2.1 MATERIALS
A. Provide temporary or permanent materials as required for the proper execution of the Work in this section.

2.2 BACKFILL
A. Provide temporary or permanent materials as required for the proper execution of the Work in accordance with Section 31 20 00 Earthwork

2.3 MARKING PAINT
A. Marking paint shall be a good quality, oil-based spray marking paint or a good quality, oil- based paint marker.

PART 3 - EXECUTION

SECTION 02 41 19 – SELECTIVE DEMOLITION

3.1 DESCRIPTION
A. Prior to starting selective demolition work, photograph existing conditions which could be misconstrued as damage resulting from selective demolition work and file a record copy with the City.

3.2 PREPARATION
A. Install construction fencing and gates and tree protection prior to commencement of work under this section.

B. Establish and identify acceptable temporary debris stockpile locations and secure appropriate waste containers on-site prior to commencement of work under this section.

C. Protect existing stone/concrete bounds and monuments. Disturbed benchmarks, bounds/monuments shall be reset by a Land Surveyor registered in the State of California at the Contractor’s expense.

D. Call Underground Service Alert at 1-800-227-2600 or 811 to obtain a Dig Alert ID Number, 2 working days prior to the start of excavation.

E. Call Crown Castle at 1-888-632-0931, Option 2 for location of their fiber optic facilities

3.3 DEMOLITION
A. Comply with ANSI A10.6 Safety Requirements for Demolition Operations B. Remove HMA, including sawcutting, under section 39 of the Caltrans Standard Specifications.

C. Remove concrete bus pad under section 15 of the Caltrans Standard Specifications D. Remove thermoplastic traffic stripe and thermoplastic pavement marking under section 84 of the Caltrans Standard Specifications.

E. If thermoplastic removal results in pavement depressions greater than 1/8-inch, City reserves the right to require a corrective chip seal patch from lip of gutter to lip of gutter for the length of the depression.

F. All concrete curbs, gutters, sidewalks, medians, bus pads shall be saw-cut at the nearest scoreline or deep joint.

G. Remove concrete curb, curb and gutter, sidewalk, ramp, and associated aggregate base under section 73 of the Caltrans Standard Specifications.

H. Completely fill below-grade areas and voids resulting from demolition work. Compact subgrade under Section 31 20 00 – Earthwork.

I. If unanticipated mechanical, electrical or structural elements which conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict. Submit report to City in written, accurate detail. Pending receipt of directive from City rearrange selective demolition schedule as necessary to continue overall job progress without delay.

J. If water is encountered in excavated areas, dewater in compliance with the approved Water Pollution Control Plan (WPCP).

3.4 DISPOSAL OF DEMOLISHED MATERIALS
A. Remove debris, rubbish and other materials resulting from demolition operations from project site.

Transport and legally dispose of materials off site daily or as dumpsters become full, whichever comes first.

B. Burning of removed materials will not be allowed.

3.5 CLEAN-UP AND REPAIR
A. Remove debris, rubbish and other materials resulting from demolition operations from project site.

Transport and legally dispose of materials off site on a daily basis and as dumpsters become full.

B. Repair demolition performed in excess of that required. Return structures and surfaces to remain to

SECTION 02 41 19 – SELECTIVE DEMOLITION

condition existing prior to start of selective demolition work, or better. Repair adjacent construction or surfaces soiled or damaged by selective demolition work.

C. If hazardous materials are encountered during demolition operations, comply with applicable regulations, laws, and ordinances concerning removal, handling and protection against exposure or environmental pollution. Notify City immediately.

D. Burning of removed materials is not permitted.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. Items of selective demolition work will be measured for payment by the unit indicated in the Bid Schedule.

B. Traffic control for work performed under this section shall not be measured and is included in the Traffic Control bid item in the Bid Schedule.

C. Removal of aggregate base shall not be measured and shall be considered included in the bid price for the various bid items in the Bid Schedule unless noted otherwise.

4.2 PAYMENT
A. The contract prices paid for the various items of selective demolition work indicated in the Bid Schedule
shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in these various items of selective site demolition, complete and in place, as shown on the plans, including disposal of such items, removal and disposal of aggregate base to design depth, as specified in these specifications, and as directed by the City.

1. Remove Asphalt Concrete- per square foot up to 10” thickness

2. Remove Concrete (Curb and Gutter) – per linear foot

3. Remove Concrete (Bus Pad) – per square foot

4. Remove Concrete (Sidewalk) – per square foot

5. Remove Existing Pavement Marking/Striping – Lump Sum B. Trench safety and counter-sunk flush (recessed) trench plates will not be measured separately for payment and shall be considered to be included in various contract item of work involved.

C. Traffic control measures will not be measured separately for payment and shall be considered as included in the contract lump sum unit price for Traffic Control listed in the Bid Form and no additional compensation will be allowed.

END OF SECTION 02 41 19

SECTION 03 40 00 – PRECAST CONCRETE BLOCKS

SECTION 03 40 00 PRECAST CONCRETE BLOCKS
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Furnishing and installing precast concrete blocks
B. Furnishing and installing precast concrete end blocks C. Furnishing and installing retroreflective markers on concrete blocks and concrete end blocks D. Furnishing and installing object markers on concrete end blocks

1.2 REFERENCES
A. State of California, Department of Transportation (Caltrans), 2023 Standard Plans (“Caltrans Standard Plans”).

B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”).

C. American Society for Testing and Materials (ASTM):

1. ASTM C78/C78M: Standard Test Method for Flexural Strength of Concrete

2. ASTM A615/A615M: Standard Specification for Deformed and Plain Carbon- Steel Bars for Concrete Reinforcement

3. ASTM D7508: Standard Specification for Polyolefin Chopped Strands for Use in Concrete

4. ASTM C309: Standard Specification for Liquid Membrane- Forming Compounds for Curing Concrete

1.3 SUBMITTALS
A. Shop drawing for precast concrete block and precast concrete end blocks with score line details and certification the design mix is in compliance with these Technical Specifications.

B. Certificate of compliance for object markers

1.4 QUALITY ASSURANCE
A. Finished surfaces including the alignment of the high point of the mountable curb must not vary more than 1/4 inch from the testing edge of a10-foot straightedge. Permissible deficiency in section thickness will be up to1/4 inch.

PART 2 - PRODUCTS

2.1 GENERAL
A. Products not specified in this section must comply with Caltrans Standard Specifications.

2.2 REINFORCEMENT
A. Concrete reinforcement and dowels for precast curb must comply with ASTM A615/A615M, Grade 60.

2.3 CONCRETE MATERIALS
A. Concrete for precast blocks shall attain a minimum strength of 5,000 psi in 28 days B. Include 1/2-inch polypropylene fibers (Fibermesh or approved equal) at a rate of 1-1/2 pounds per cubic yard. Fibers must comply with ASTM D7508
C. Color shall be natural gray

SECTION 03 40 00 – PRECAST CONCRETE BLOCKS

D. Concrete manufacturer shall have successfully completed Caltran’s Facility Audit for Structural Precast Concrete
E. Concrete blocks shall be Universal Precast, or approved equal.

2.4 OBJECT MARKERS
A. Object markers shall conform to the requirements of the section 82 of the Caltrans Standard Specifications PART 3 - EXECUTION

3.1 INSTALLATION
A. Epoxy precast concrete block dowel HMA drilled hole.

PART 4 - MEASUREMENT & PAYMENT

4.1 MEASUREMENT
A. Precast Concrete Block (8’ Long) will be measured for pay by each block furnished and installed B. Precast Concrete End Block (8’ Long) will be measured for pay by each block furnished and installed C. Installation of retroreflective marks on concrete blocks and concrete end blocks are included in the unit price for Precast Concrete Block and Precast Concrete End Block D. Installation of object markers on concrete blocks is included in the unit price for Precast Concrete End Blocks

4.2 PAYMENT
A. The contract price paid per each Precast Concrete Block (8’ long) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installing Precast Concrete Block (8’ long), shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in furnishing and installing Precast Concrete Block (8’ long), complete in place, including coordination with precast supplier, delivery to the project site, painting the block, installing retroreflective markers, layout with the City, Installation and securing to the pavement complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City.

B. The contract price paid per each Precast Concrete End Block (8’ long) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installing Precast Concrete End Block (8’ long), shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in furnishing and installing Precast Concrete End Block (8’ long), complete in place, including coordination with precas t supplier, delivery to the project site, painting the blocks, installing retroreflective markers, installing object marker and base, layout with the City, Installation and securing to the pavement complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City.

C. Full compensation for object markers on precast concrete blocks shall be considered as included in the unit price paid for Precast Concrete Block and Precast Concrete End Block and no separate payment will be made therefor.

END OF SECTION 03 40 00

SECTION 10 14 53 – SIGNAGE

SECTION 10 14 53 SIGNAGE
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Furnishing and installing new sign on new pole
B. Furnishing and installing new sign on existing pole
C. Furnishing and installing flexible post

1.2 REFERENCES
A. State of California, Department of Transportation (Caltrans), 2023 Standard Plans, (Caltrans Standard Plans)
B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”).

C. 2023 California Manual on Uniform Traffic Control Devices (MUTCD), latest revision.

1.3 SUBMITTALS
A. Certificate of compliance for:

1. Aluminum sheeting

2. Retroreflective sheeting

3. Screened-process colors

4. Non-reflective, opaque, black film
PART 2 - PRODUCTS
A. Sign panels must be aluminum and must conform to the requirements in Caltrans Standard Specifications, Section 82.

B. Roadside sign posts must be 1-3/4” 14-gauge galvanized steel perforated square Unistrut Corp. part no. 16D12 (1-3/4” x 1-3/4”) or approved equal. Galvanized finish must conform to ASTM A525 G90 coating.

C. Sign post brackets must be ASTM A653 12-gauge steel sizes as shown. Galvanized finish must conform to ASTM A525 G90 coating.

PART 3 - EXECUTION

3.1 SIGNAGE
A. Install roadside sign as shown in City Standard Detail 2-20.

B. For installation r equirements not shown in City detail, comply with section 82 of the Caltrans Standard Specifications.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. Furnish and Install Sign on New Pole will be measured for pay per each sign post with attached panels installed. A sign post with multiple panels is counted for pay as one unit.

B. Furnish and Install Sign on Existing Pole will be measured for pay per each sign post with attached panels installed.

SECTION 10 14 53 – SIGNAGE

C. Furnish and Install Flexible Post will be measured for pay per each flexible post installed.

4.2 PAYMENT
A. The unit price paid per each for Furnish and Install Sign on New Pole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new roadside signs, including removing posts, mounting hardware, and foundations, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City.

B. The unit price paid per each for Furnish and Install Sign on Existing Pole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new roadside signs, mounting hardware, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City.

C. The unit price paid per each for Furnish and Install Flexible Post shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new object marker, including furnishing the flexible posts, mounting hardware, and installing onto pavement complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City.

END OF SECTION 10 14 53

SECTION 31 10 00 – SITE CLEARING

SECTION 31 10 00 SITE CLEARING
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Clearing and grubbing
B. Dust control

1.2 SUBMITTALS (NOT USED)

1.3 REFERENCES
A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”).

1.4 JOB CONDITIONS
A. Notify City at least two (2) working days before starting site clearing.

B. Conduct site clearing operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorities having jurisdiction.

C. If existing irrigation system is interrupted, water trees and other vegetation to remain within limits of contract work as required to maintain their health during construction under Section 01 56 39 – Tree Protection.

D. Repair or replace trees and vegetation not designated for removal which are damaged by construction operations, in kind or better. Perform tree and shrub repair under Contractor’s Certified Arborist’s supervision if required in the opinion of the City.

PART 2 - PRODUCTS

2.1 MATERIALS
A. Furnish materials, tools, equipment, facilities, and services required for performing site clearing.

PART 3 - EXECUTION

3.1 GENERAL
A. Call Local USA Underground not less than two working days before performing Work.

1. Request underground utilities to be located and marked within and surrounding construction areas.

B. Comply with Section 01 56 39 – Tree Protection.

3.2 PROTECTION
A. Locate, identify and protect utilities indicated to remain from damage under Section 01 71 33 Protection of Adjacent Construction and Utilities
B. Protect trees to remain under Section 01 56 39 – Tree Protection.

C. Provide temporary protection to trees and vegetation to remain from herbicide application through the use of plywood shield during spraying.

D. Provide protections necessary to prevent damage to existing improvements on adjoining properties and on City property.

SECTION 31 10 00 – SITE CLEARING

E. Restore damaged improvements to their original or better condition, as acceptable to parties having jurisdiction.

F. Protect benchmarks and existing structures from damage or displacement.

3.3 SITE CLEARING
A. Remove trees, shrubs, grass and other vegetation to a depth of 24 inches. Measure removal depth from existing grade or finished grade, whichever is lower. Remove improvements, or obstructions interfering with installation of new construction. Remove and dispose of such items off site. Removal includes digging out stumps and roots.

B. Prune roots under Section 01 56 39 – Tree Protection.

C. Control dust under section 10 of the Caltrans Standard Specifications.

3.4 CLEAN UP
A. Removal from City’s and Adjacent Property Owner’s Property: Remove all waste materials and unsuitable and excess topsoil from City's and adjacent property owner’s property and dispose of off site in legal manner. Site is to be maintained in a clean condition at all times.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Site Clearing section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise.

4.2 PAYMENT
A. The full compensation for Site Clearing shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed.

END OF SECTION 31 10 00

SECTION 31 20 00 – EARTHWORK

SECTION 31 20 00 EARTHWORK
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Trench excavation and backfill
B. Subgrade preparation
C. Aggregate base removal
D. Dust control

1.2 REFERENCES
A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”).

B. State of California, Department of Environmental Protection Regulations C. American Society for Testing and Materials (ASTM):

1. ASTM C131 Test Method for Resistance to Degradation of Small- Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

2. ASTM C136 Test Method for Sieve Analysis of Fine and Coarse Aggregates

3. ASTM C231 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method

4. ASTM D422 Standard Test Method for Particle-Size Analysis of Soils

5. ASTM C535 Test Method for Resistance to Degradation of Large- Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

6. ASTM D422 Method for Particle-Size Analysis of Soils

7. ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand- Cone Method

8. ASTM D1557 Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-in. (457-mm) Drop

9. ASTM D2216 Test Method for Laboratory Determination of Water (Moisture) Content of Soil, Rock, and Soil-Aggregate Mixtures

10. ASTM D2321 Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications

11. ASTM D2487 Test Method for Classification of Soils for Engineering Purposes ASTM D2922 Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth)
ASTM D3017 Test Method for Moisture Content of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth)
ASTM D3740 Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction
ASTM D4318 Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils

SECTION 31 20 00 – EARTHWORK

D. Regulatory Requirements:

1. Regulatory requirements that govern the work of this Section include, but are not limited to, the following governing codes:

California Code of Regulations, Title 8, Chapter 4, Subchapter 4 — Construction Safety Orders, and Subchapter 19 — Trench Construction Safety Orders.

1.3 SUBMITTALS
Submit certified test reports and analyses certifying that the materials proposed for use at the project site conform to requirements, and that all tests were conducted in accordance with the specifications.

1.4 QUALITY ASSURANCE
A. The City reserves the right to approve materials to be used in construction. Do not use materials which, after approval, have become unfit for use.

B. Field testing of compacted soil may be done by City in accordance with ASTM D1556 or ASTM D2922, using the nuclear method, for the City’s sole convenience. City performs testing under General Conditions Article 7.8. Copies of the density test results performed by the Contractor shall be submitted to the City.

C. Maximum Dry Density: The maximum dry density of the material shall be as determined by ASTM D1557.

Moisture density relations of soil shall be determined by ASTM D1557.

D. Moisture Content: The ratio, expressed as a percentage of the weight of water for a given soil mass to the weight of solid particles, shall be determined by ASTM D1557.

E. Dry Density: The weight of soil solids per unit of total volume of soil mass shall be determined by ASTM D1557.

F. Air Content: T he total calculated air content of controlled density fill shall be determined by ASTM C231 immediately after discharge from the mixer.

G. Perform work as specified herein and in accordance with Section 19, “Earthwork” of the Caltrans Standard Specifications.

H. If soil or groundwater with visual discoloration, noticeable odor, or evidence of asbestos fibers is encountered, notify City and comply with Section 10.2 of the General Conditions.

I. If potential historical artifacts, including glass, ceramics, wooden structures or skeletal remains are encountered, notify City and comply with Section 7.18 of the General Conditions.

J. Comply with applicable OSHA safety standards and requirements

1.5 EXISTING SITE CONDITIONS
A. Locations of existing pipelines, utilities and substructures shown on the Contract Drawings are approximate.

It shall be the Contractor's responsibility to contact all owners of lines and structures that may interfere with the work. Contact Underground Service Alert at 811 or 1- 800-227-2600 to obtain a Dig Alert ID Number, at least 2 working days prior to the start of excavation. Contract Crown Castle at 1- 888-632-0931, Option 2, and utility companies that do not participate in USA which have underground facilities within the limits of the work.

B. Cooperate with the City and utility agencies to keep services and facilities in operation. Repair damaged substructure to the satisfaction of the City at no additional cost to City. Do not interrupt existing utilities serving facilities occupied and used by others, except when permitted in writing by the City or private utility owner(s) and then only after acceptable temporary utility services have been provided.

C. Above ground utilities adjacent to excavations shall be protected by the Contractor using methods approved by the owner of facility.

D. Stockpile imported backfill material temporarily in an orderly and safe manner.

SECTION 31 20 00 – EARTHWORK

E. Protect open trenches and utility structure excavations with fences, covers and railings to maintain safe pedestrian and vehicular traffic passage.

F. Promptly notify the City’s Project Inspector of surface or subsurface conditions differing from those shown on the plans.

G. If at any time, the Contractor encounters impacted soil or groundwater, as indicated by visual discoloration, noticeable odor, or evidence of asbestos fibers, the Contractor shall immediately notify the City’s Project Inspector.

H. If at any time, the Contractor encounters any potential historical artifacts, including glass, ceramics, wooden structures or skeletal remains, the Contractor shall stop work and immediately notify the City’s Project Inspector.

I. Provide dust and noise control in conformance with the City’s project requirements.

PART 2 - PRODUCTS

2.1 MATERIALS
A. Satisfactory Soils.

1. Fill. Fill shall be equivalent to ASTM D 2487 soil classification groups SM, SC, ML, CL, OL, or a
combination of these group symbols. Fill can be comprised of Native Soil material generated from onsite excavation or imported fill as long as the soil meets the satisfactory soil specifications herein.

Fill must be free of organic material and debris and shall not contain rocks or clods greater than 3 inches in largest dimension. Fill must have a plasticity index of 16 or less. Do not purchase, accept delivery of, or place Fill material without City’s authorization. See submittal requirements B. Unsatisfactory Soils.

1. Fill. ASTM D 2487 soil classification groups GW, GP, GM, GC, SW, SP, MH, CH, OH, and PT, or a combination of these group symbols. Other unacceptable soils would include rip-rap.

2. Unsatisfactory soils also include satisfactory soils not maintained within 4 percent of optimum moisture content at time of compaction.

3. Fill. Suitable soil excavated from the project site and imported materials which meet the satisfactory soil materials specifications.

4. Bedding mat erial for inlets shall be a 6-inch section of Class 2 aggregate base and shall conform with the requirements of the Aggregate Base Section.

PART 3 - EXECUTION

3.1 GENERAL REQUIREMENTS
A. Utilization of Excavated Materials: Material removed from excavations shall be used in the construction of fills, embankments, subgrades, and similar purposes, unless the material is deemed unsuitable by the City.

B. Surplus soil or soil deemed unsuitable for backfill shall be stockpiled separately. No excavated material shall be used on site without authorization from the City. Material authorized to be used on site shall be stockpiled as acceptable to the City. No excavated material shall be disposed of or stockpiled in such a manner as to obstruct the flow of any stream, impact wetlands, endanger a partly finished structure, impair the efficiency or appearance of any structure, or be detrimental to the completed or in- progress work in any way.

C. Vertical Tolerance. Vertically layout and finish-grade the earthwork area to within 0.30 feet of the elevation(s) shown on the Drawings, and to smoothly transition vertically with the existing ground lines.

D. Horizontal Tolerance. Horizontally layout and construct the earthwork to within 0.5 feet of the true horizontal position indicated on the drawings, and smoothly transition horizontally with the existing ground lines. The principal edges of earthwork shall be constructed straight or smoothly curved as indicated on the drawings

SECTION 31 20 00 – EARTHWORK

without readily noticeable waviness.

E. Grading Tolerance. Construct slopes within 5 percent of the designed slope ratio. Slopes shall be even, i.e., not convex nor concave when viewed up-and-down and across the face of the slope.

3.2 DUST CONTROL
A. Dust Control shall be in accordance with the General Conditions and the Caltrans Standard Specifications Section 18. Keep the entire site of work, inclusive of pedestrian and vehicular routes through the work areas, continuously free of dust, by watering as follows:

1. Supply water and apply at locations necessary to control dust from excavated areas, from stacked materials, and from other materials in the amount as directed by the City.

2. The Contractor’s dust control activities shall be in accordance with the applicable OSHA, Cal/OSHA, and State of California, Department of Environmental Protection regulations.

3. Use of soil binders shall be subject to conformance with all project requirements and prior acceptance by the City.

3.3 EXCAVATION
A. Excavate every type of material encountered within the limits of the work, to the lines, grades, and elevations as specified herein and as indicated on the Contract Drawings.

B. Cutting of Pavement Areas: Perform cutting of pavement areas to required dimensions and elevations as identified in the trench sections shown on the plans or specified elsewhere in this Section.

C. Excavating

1. Gener
al: Excavate to required elevations and dimensions, allowing ample space for form and material placement, inspection, and form removal.

2. Removing Material: Excavate all material encountered, except for existing services and permanent structures. Soil conditions at bottom of excavation shall be subject to City’s approval. Surfaces shall be level, or sloped if required, clean, and clear of mud. Maintain them in good condition until overlying materials are placed.

3. Suitable Bearing: Where unsuitable material is exposed at completion of planned excavation, perform further excavation as directed by City until suitable bearing is reached. Place and compact backfill as specified herein to correct elevations.

4. Over Excavation: If materials are removed below required elevation, through error or careless excavating, corrective measures shall be performed by Contractor at their own expense.

5. Surface Preparation for Fill Placement. Fill surfaces shall be relatively clean and free of roots or other debris which would compromise bonding between placed material and native or existing materials.

6. AC Pavement Removal: Remove to clean straight lines, and seams shall be located at the edge of lanes and not in wheel paths.

D. Material Storage and Disposal: Select stripped, cut, and excavated material which can be used later; classify and stockpile each type separately. Dispose of unsuitable and excess material and debris at lawful off-site locations.

E. Temporary sup port systems shall comply with OSHA requirements.

F. Excavation and fill shall be performed in a manner and sequence that will provide proper drainage at all times.

G. Structure excavation and backfill shall conform to the provisions in Section 19-3, “Structure Excavation and Backfill” of the Caltrans Standard Specifications.

SECTION 31 20 00 – EARTHWORK

3.4 BACKFILL (GENERAL)
A. Replace any unsuitable material with approved backfill material and compact as directed by the City and as specified herein.

B. Before the initial layer of bedding is placed, the bottom surface of the trench shall be tamped or compacted by plate or other means to provide a base for the bedding.

C. The bedding material shall be placed and compacted in conformance to the provisions in Section 19-3.02E, “Culvert Beddings,” of the Caltrans Standard Specifications and per Modified City Standard Detail 4-24. No jetting shall be permitted.

D. Compact backfill to at least 90 percent laboratory maximum density.

E. Backfill excavations when installations have been completed, inspected, and approved.

Concrete shall have
attained sufficient strength to withstand pressure of earth and compacting operation. Before proceeding, excavations shall be free of forms, debris and other foreign materials.

F. Backfill sections shall conform to City Standard Detail 4-24.

3.5 HAULING
A. No excavated material shall be hauled out of the project area without prior approval by the City.

3.6 EXCESS MATERIAL
A. Excavated material in excess of that used for backfilling, embankment and similar purposes, shall be handled in accordance with these specifications.

3.7 GRADING AND COMPACTION
A. Grading:

1. Grading shall conform to the Contract Drawings and the tolerances specified herein. Satisfactory excavated materials shall be transported and placed within the limits of the work. Unsatisfactory materials encountered within the limits of the work shall be excavated and replaced with satisfactory materials as directed by the City. Unsatisfactory materials shall be removed and disposed off-site.

2. The surface of all excavations and subgrades shall be finished to a smooth and compact surface in accordance with the lines, grades, and cross sections or elevations shown on the Contract Drawings. The degree of finish for all graded areas to be paved within this contract shall be within

0.05 feet of the grades and elevations indicated. Ditches shall be finished in a manner that will result in effective drainage.

3. Subgrade sh all be shaped to line, grade, and cross section, and compacted as specified. This operation shall include plowing, disking, scarifying existing track subgrade and all moistening or aerating required to obtain specified compaction and moisture content. Soft or otherwise unsatisfactory material shall be removed and replaced with excavated material or other approved material as directed. Low areas resulting from removal of unsatisfactory material shall be brought up to required grade with satisfactory materials, and the entire subgrade shall be shaped to line, grade, and cross section, and compacted as specified. After rolling, the surface of the subgrade shall not show deviation greater than 0.10 feet when tested with a 10-foot straightedge applied both parallel and at right angles to the centerline of the area. The elevation of the finished subgrade shall not vary more than 0.10 feet from the established grade and cross section.

4. Subgrades improperly compacted shall be re-opened to the depth directed by the City, then refilled and compacted to the density specified at the Contractor’s expense.

5. Ditches and drains along subgrade shall be maintained as required to drain the subgrade effectively at all times. The finished subgrade shall not be disturbed by traffic or other operations and shall be protected and maintained by the Contractor in a satisfactory condition until subbase, base, or pavement is placed. The storage or stockpiling of materials on the finished subgrade will not be allowed. No subbase, base, or pavement shall be laid until the subgrade has been checked and

SECTION 31 20 00 – EARTHWORK

approved, and in no case shall subbase, base, surfacing, or pavement be placed on a muddy, spongy, or frozen subgrade.

B. Compaction:

1. Furnish satisfactory power-operated or power-driven hand operated equipment wherever possible to compact to requirements specified herein. Do not operate mobile equipment closer to foundation than a horizontal distance equal to the height of backfill above bottom of wall. Compaction shall be accomplished by sheep foot rollers, pneumatic-tired rollers, steel-wheeled rollers, vibrator compactors, or other approved equipment well suited to the type of material being compacted.

2. If the degree of compaction is unsatisfactory, make necessary adjustments until specifications are met. Material placed over layers not satisfactorily compacted shall be removed and the unsatisfactory areas re-compacted as directed by the City at the Contractor’s expense.

3. City will perform field density tests in accordance with ASTM Test Designation D1556 (Sand-Cone Method). The exact locations and minimum number of field density tests shall be determined by the City, subject to the following general requirements:

4. One field density test shall be taken for every 300 linear feet for each lift of soil.

5. Unless otherwise noted, relative compaction of fill materials composing each layer of fill shall not be less than 95 percent as determined by ASTM D1556.

6. These comp action requirements do not apply to material placed in stockpiles or waste areas.

3.8 MAINTENANCE OF EXCAVATIONS
A. Maintain excavations when they are open and take all precautions to keep them marked, barricaded and safe.

B. When backfill is placed, sheeting and bracing shall be removed in stages so that the walls are supported by the shoring or by newly placed backfill.

C. Comply with OSHA standards for shoring.

3.9 FINISH GRADING AND CLEANUP
A. Spread topsoil and finish-grade disturbed soil areas to smoothly transition with the surrounding ground lines and structures.

B. When earthwork has passed Final Acceptance inspection, promptly remove any temporary erosion control materials.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Earthwork section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise.

4.2 PAYMENT
A. The full compensation for Earthwork shall not be measured separately for payment and shall be considered as included in the contract unit price the various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed.

B. The full compensation for sampling and analysis fees from receiving facilities shall not be measured separately for payment and shall be considered as included in the contract unit price the various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed.

END OF SECTION 31 20 00

SECTION 32 11 23 – AGGREGATE BASE

SECTION 32 11 23 AGGREGATE BASE
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Furnishing and installing Class 2 Aggregate Base
B. Source quality control

1.2 REFERENCES
A. Test results on aggregate bases and sub-bases, including:

1. “R” value, per California Test Method 301

2. Sieve Analysis, per California Test Method 202

3. Sand equivalency, per California Test Method 217

4. For aggregate bases, the durability index, per California Test Method 229 B. Dust Control shall be in accordance with the General Conditions and the Caltrans Standard Specifications Section 18. Keep the entire site of work, inclusive of pedestrian and vehicular routes through the work areas, continuously free of dust, by watering as follows:

C. American Society for Testing and Materials (ASTM):

1. ASTM C136: Test Method for Sieve Analysis of Fine and Coarse Aggregates

2. ASTM D421: Practice for Dry Preparation of Soil Samples for Particle- Size Analysis and Determination of Soil Constants

3. ASTM D1241: Specification for Materials for Soil-Aggregate Subbase, Base, and Surface Courses

4. ASTM D1557: Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort

5. ASTM D2419: Test Method for Sand Equivalent Value of Soils and Fine Aggregate

6. ASTM D2844: Test Method for Resistance R-Value and Expansion Pressure of Compacted Soils

7. ASTM D3744: Test Method for Aggregate Durability Index D. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”).

1.3 SUBMITTALS
A. General: Submit under the provisions of Document 00700, General Conditions, Section 4 Control of Work, Submittals.

B. Product Data: Submit source, gradation, R -value, sand equivalent, and durability for the proposed base material.

C. Test Reports: Submit plant and field test reports as specified in Articles 2.02 and 3.05 herein.

PART 2 - PRODUCTS

2.1 MATERIALS
A. Aggregate for base course shall conform with ASTM D1241 and the following requirements:

B. Class 2 A ggregate Base shall be free of vegetable matter, glass, and other deleterious substances. Coarse aggregate, material contained on the No. 4 sieve, shall consist of material of which 25 percent by weight shall be crushed particles. ¾” Class 2 aggregate base shall conform to the following grading, determined

SECTION 32 11 23 – AGGREGATE BASE

in accordance with ASTM C136:

PERCENTAGE PASSING SIEVES
1-1/2 inch 3/ 4-inch
Sieve Sizes Maximum Maximum

2-inch 100 -----
1-1/2 inch 90-100 -----
1-inch ----- 100
3/4-inch 50-85 90-100
No. 4 25-45 35-55
No. 30 10-25 10-30
No. 200 2-9 3-9

Class 2 aggregate Base shall conform to the following additional requirements:

ASTM Test
Tests Method Requirements

Resistance (R-Value) D2844 78 min.

Sand Equivalent D2419 30 min.

Durability Index D3744 35 min.

Where aggregate base is used as finish surfacing, it shall be virgin material.

2.2 SOURCE QUALITY CONTROL
A. Perform sampling and tests of the aggregate base material in accordance with the ASTM Test Methods herein specified and provide copies of such tests to City, to determine compliance with specified requirements. Samples shall be taken from material as delivered to the site, and shall be prepared in accordance with ASTM D421, as applicable.

B. Aggregate grading or sand equivalent test shall represent no more than 500 cubic yards of base material or one days production, whichever is the greater amount.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Request an inspection by the City and obtain written acceptance of the prepared subgrade or subbase before proceeding with the placement of aggregate base course.

B. The subgrade or subbase to receive aggregate base course, immediately prior to spreading, shall conform to the compaction and elevation tolerances indicated for the material involved and shall be free of standing water and loose or extraneous material in accordance 31 20 00.

3.2 INSTALLATION STANDARDS
A. Aggregate base shall be applied over the prepared subgrade or subbase and compacted in accordance with Section 26 of the Caltrans Standard Specifications.

B. Aggregate base s hall have minimum uniform thickness after compaction of dimensions indicated. Where not indicated, compacted thickness shall be 6 inches.

C. All compaction expressed in percentages in this section refers to the maximum dry density as determined by ASTM D1557.

SECTION 32 11 23 – AGGREGATE BASE

3.3 SPREADING OF MATERIAL
A. Aggregate for base shall be delivered as uniform mixture of fine and coarse aggregate and shall be spread in layers without segregation.

B. Aggregate base material shall be free from pockets of large and fine material. Segregated materials shall be remixed until uniform.

C. Aggregate base material shall be moisture-conditioned to at least 2% over optimum moisture content.

D. Aggregate base 6 inches and less in thickness may be spread and compacted in one layer. For thickness greater than 6 inches, the base course aggregate shall be spread and compacted in two or more layers of uniform thickness not greater than 6 inches each per Caltrans Standard Specification Section 26.

3.4 COMPACTING
A. Unless otherwise specified, relative compaction of each layer of compacted aggregate base material
shall be not less than 95 percent as determined by ASTM D1557.

B. Thickness of finished base course shall not vary more than 3/4 inch from the indicated thickness at any point. Base that does not conform to this requirement shall be reshaped or reworked, watered, and recompacted to achieve compliance with specified requirements.

C. The surface of the finished aggregate base course at any point shall not vary more than 3/4 inch above or below the indicated grade.

3.5 FIELD QUALITY CONTROL
A. The City may, for City’s sole convenience, perform field tests to determine compliance with specified requirements for density and compaction of aggregate base material, and to the determine moisture- content compliance of the installed base course.

B. Testing fr equency by City, if performed, is anticipated to be not less than one test for every 2,000 square feet of base course material, per layer or lift. Cooperate with City’s testing activity.

PART 4 - MEASUREMENT AND PAYMENT

4.1 MEASUREMENT
A. The work performed under Aggregate Base section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise.

4.2 PAYMENT
A. The full compensation for Aggregate Base shall not be measured separately for payment and shall be considered as included in the contract unit price the various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed.

END OF SECTION 32 11 23

SECTION 32 12 16– ASPHALT PAVING

SECTION 32 12 16 ASPHALT PAVING
PART 1 - GENERAL

1.1 WORK INCLUDES
A. Installation of Asphalt Concrete (AC) plug and AC Overlay “T” Cut

1.2 REFERENCES
A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications

1.3 SUBMITTALS
A. Submit HMA source and mix design prepared by a certified laboratory B. Design Data: Submit job mix design per section 39 of the 2023 Caltrans Standard Specifications C. Submit materials certificates signed by material producer certifying that each material complies with section 39 of the 2023 Caltrans Standard Specifications
D. Submit Contractor Quality Control Plan per section 39 of the 2023 Caltrans Standard Specifications E. Submit certificate of compliance for tack coat per Section 94 of the 2023 Caltrans Standard Specifications F. Submit delivery slips for HMA products.

1.4 QUALITY ASSURANCE
A. Submit a QC plan meeting the requirements Section 39-2.01A(3)(c) of the 2023 Caltrans Standard Specifications
PART 2 - PRODUCTS

2.1 GENERAL
A. Comply with Section 39 of the 2023 Caltrans Standard Specifications.

2.2 ASPHALT PAVING MIX
A. Asphalt mix: Hot Mix Asphalt (HMA) Type A, as specified in the 2023 Caltrans Standard Specifications B. Aggregate gradation for must be ½” maximum.

C. Binder shall be PG 64-16
D. The asphalt concrete mix design shall contain a minimum binder content of 5.5% E. The asphalt concrete mix design shall contain an air voids content ratio of 4%.

PART 3 - EXECUTION

3.1 GENERAL
A. Comply with 2023 Caltrans Standard Specifications

3.2 EXAMINATION
A. Verify gradients and elevations of base.

Verify compacted asphalt, subgrade and subbase is dry and ready to support paving and imposed loads as specified for the material involved. Remove loose and uncompacted material in accordance with Caltrans Standard Specifications