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treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.
1. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all Applicable Law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Article 28.
2. Employment Eligibility; Subcontractors, Sub-subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for in Article 28.
3. Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Article 28; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Article 28.5); or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
28.7 LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 O.K. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor certifies that it is aware of and has complied with the provisions
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of California Labor Code section 6401.7, which requires every employer to adopt a written injury and illness prevention program.
ARTICLE 29. INSURANCE
29.1 WORKERS’ COMPENSATION INSURANCE
The Contractor shall obtain, and at all times during performance of the Work or Contract maintain, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.
29.2 EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
29.3 COMMERCIAL GENERAL LIABILITY INSURANCE
1. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CAL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) crossliability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply
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separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
2. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
3. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
4. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
5. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits.
Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
6. Such insurance shall comply with the provisions of Article 29.6 below.
29.4 AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract occurrence form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 29.6 below.
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29.5 BUILDER’S RISK [“ALL RISK”]
1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City.
The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.
2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected and appointed officers, agents, officials, employees, and volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City.
3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include:
(1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit.
4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery, and material hoist coverage.
5. Such insurance shall comply with the provisions of Article 29.6 below.
29.6 FORM AND PROOF OF CARRIAGE OF INSURANCE
1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall
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have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or selfinsured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
2. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City’s Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect.
3. The City, its officials, officers, employees, agents and representatives shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.
Further, the Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
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4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. The Contractor shall provide endorsement(s) to this effect, using ISO CG form 20 01 or endorsement(s) providing the exact same coverage, at the City’s request.
5. The City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
6. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article 29 unless otherwise agreed to in writing by City.
ARTICLE 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
1. Time for Completion/Liquidated Damages. Work shall be commenced within fifteen (15) days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor within the Contract Time(s) set forth in Article 2 of the Contract for Construction. This work shall be diligently prosecuted to completion before the expiration of 220 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage, and that is and will be difficult and/or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of the Contractor’s failure to complete the Work within the Contract Time(s). Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $800 for each and every calendar Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture, the sum stipulated in the Contract for each Day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
2. Inclement Weather. Contractor shall be bound by the City’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the then-current Project schedule.
3. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its
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judgment, the facts justify such an extension. Time extensions to the Work shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Work beyond the Contract completion date.
4. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 31. PAYMENT
31.1 COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms approved by the City:
1. A detailed Schedule of Values giving an itemized breakdown of the Contract Price within ten (10) Days of award of the Contract. the Schedule of Values shall be adjusted as directed by City.
2. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
3. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the City, for unit price items listed, if any, in the Bid Form.
4. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
5. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. Contractor will include all of the following materials with each payment application:
a. an updated schedule showing the actual status of the Work and incorporating all changes to the Work.
b. Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from
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the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final conditional waiver of lien for the Contractor’s work, together with unconditional releases of lien from any subcontractor or materialmen for all previous payments and conditional releases for any remaining payments.
c. Unconditional Waiver and Release of Liens upon Progress Payment from all subcontractors and material suppliers who have performed work or provided materials included in previous payment application.
6. Contractor shall certify under penalty of perjury that all cost breakdowns and periodic estimates accurately reflect the status of the Work and that all work included in the payment application meets the requirements of the Contract Documents.
31.2 MOBILIZATION
1. When the Bid Form includes a bid item for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate as “Mobilization.” When no bid item is provided for “Mobilization,” payment for such costs will be deemed to be included in the other items of the Work.
2. Payment for Mobilization shall be based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Mobilization will be made until all of the items listed below have been completed to the satisfaction of the City. The scope of the Work included under Mobilization shall include, but shall not be limited to, the following principal items:
3. Obtaining, paying for, and delivering to City all bonds, insurance, and permits.
4. Moving on to the Site all Contractor’s plant and equipment required for first month’s operations.
5. Installing temporary construction power, wiring, and lighting facilities.
6. Establishing fire protection system.
7. Developing and installing a construction water supply.
8. Providing and maintaining the field office trailers for the Contractor and the City, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer, and printer, and copying machine.
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9. Providing on-site communication facilities for the City, including telephones, radio pagers, and fax machines.
10. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.
11. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
12. Arranging for and erection of Contractor’s work and storage yard.
13. Posting all OSHA required notices and establishment of safety programs per CalOSHA.
14. Full-time presence of Contractor’s superintendent at the Site as required herein.
15. Submittal of initial Construction Schedule as required by the Contract Documents.
31.3 PAYMENTS
1. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Unless otherwise specified in the Notice, Contractor shall be paid a sum equal to ninety five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.
2. The Contractor shall, after the full completion of the Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
3. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
4. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract except those previously stated in writing in accordance with Article 36.
5. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
31.4 PAYMENTS WITHHELD AND BACKCHARGES
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In addition to amounts which City may retain under other provisions of the Contract Documents, City may withhold payments due to Contractor as City may consider appropriate to protect City from any of the following:
1. Stop Payment Notice Claims.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to its subcontractors or suppliers.
4. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
5. Damage to another contractor or third party.
6. Amounts which may be due the City for claims against Contractor.
7. Failure of Contractor to keep the record (“as-built”) drawings up to date.
8. Failure to provide updates on the construction schedule.
9. Site cleanup.
10. Failure of the Contractor to comply with requirements of the Contract Documents.
11. Liquated damages.
12. Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract Price to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.
ARTICLE 32. CHANGES AND EXTRA WORK
32.1 CHANGE ORDER WORK.
1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor’s agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect, and overhead) related to the Work authorized by the Change Order.
2. Contractor shall promptly execute changes in the Work as directed in writing by City even when the parties have not reached agreement on whether the change
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increases the scope of Work or affects the Contract Price of Contract Time, if any.
All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract Documents, and shall be subject to all terms, conditions, and provisions of the original Contract Documents.
3. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Time, within seven (7) Days after receipt of a proposed change order initiated by City, unless City requests that proposals be submitted in less than seven (7) Days.
4. Contractor Initiated Change. The Contractor must give written notice of a claim for a proposed change order, additional compensation, or adjustment of the Contract Time within seven (7) Days of discovery of the facts giving rise to the proposed change order.
32.2 COST PROPOSALS
1. Whenever possible, any changes to the Contract Price shall be in a lump sum mutually agreed to by the Contractor and the City.
2. Price quotations from the Contractor shall be accompanied by such detailed supporting documentation, including but not limited to estimates and quotations from subcontractors or material suppliers, as City may reasonably request.
3. If the Contractor fails to submit a complete cost proposal within seven (7) Days (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the amount of compensation or time unless within fifteen (15) Days following receipt of the City’s estimate, the Contractor presents written proof that the City’s estimate was in error.
4. Estimates for lump sum quotations and accounting for force account work shall be limited to direct expenditures necessitated specifically by the extra work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs
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resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the cost of extra work will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion. c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the markups described below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.
d. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be
reimbursed to the Contractor and subcontractors at cost only, without mark-up. Contractor shall provide City with
documentation of the costs, including not limited to payroll records, invoices, and such other information as City may reasonably request.
(ii) For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
(iii) For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Subcontractor’s Net Cost of the Work, to which the Contractor may add five (5%) percent of the Subcontractor’s Net Cost. (iv) For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work, to which the subcontractor and general
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contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.
(v) No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost, as defined herein, of the party that performs the Work. e. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on-Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
f. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed records of the cost of labor, material, and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to subsubcontractors. g. For added or deducted Work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
h. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
i. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or
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clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights. j. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order and providing such supporting documentation for its position as the City may reasonably require.
k. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the changed work, including extra work, promptly and expeditiously.
l. Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.
ARTICLE 33. OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.
ARTICLE 34. INDEMNIFICATION
To the fullest extent allowed by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, regardless of whether the allegations are false, fraudulent, or groundless, arising out of, related to, or in connection with the Work or this Contract, including claims made by subcontractors for nonpayment, and including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense, and risk, with counsel of City’s choosing, any and all such suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees, and representatives for any and all legal expenses
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and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.
ARTICLE 35. RECORD (“AS BUILT”) DRAWINGS
1. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.
The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas, and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown in the Contract Documents. Contractor shall mark whichever drawings are most capable of showing actual conditions fully. Where shop drawings are used, Contractor must record a cross-reference to the corresponding location on the contract drawings.
Contractor shall give particular attention to concealed elements that would be difficult to measure, locate or record at a later date. Contractor shall use colors to distinguish separate categories of the Work.
2. Contractor shall note related Change Order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the City.
ARTICLE 36. RESOLUTION OF CONSTRUCTION CLAIMS
1. All public works claims between the Contractor and the City shall be resolved pursuant to the procedures set forth in Public Contract Code Section 9204. All public works claims of $375,000 or less which arise between the Contractor and the City shall also be resolved in accordance with Public Contract Code Sections 20104 et seq. and other applicable law, unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
2. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. “Claim” means a separate demand by the claimant for (1) a time extension, including, without limitation, relief from damages or penalties for delay assessed by the City (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) payment of an amount which is disputed by the City..
3. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 32, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of potential claim, or to timely provide any other
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notice or request required by the Contract Documents shall constitute a waiver of the right to these procedures.
4. The Contractor will submit all claims in the following format:
a. Summary of entitlement to Claim and amount of money and/or time requested and provisions of the Contract Documents for which the claim is made.
b. All documents Contractor contends support the Claim, including but not limited to the following:
(i) Contract Documents
(ii) Clarifications (Requests for Information)
(iii) Schedules
(iv) Other materials, such as job diaries, invoices, time and material cost records, photographs, videos, etc.
(v) Chronology of events and correspondence
(vi) Analysis of claim merit
(vii) Analysis of claim amount
(viii) Time impact analysis in CPM format
c. Cover letter and certification of the claim, including any claims from subcontractors or suppliers of any tier, in accordance with the California False Claims Act, Government Code sections 12650 et seq.
5. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for mediation or arbitration by Contractor.
6. City Response to Claim. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written response.
If the City needs approval from City Council to provide Contractor a written statement as set forth above, and City Council does not meet within the 45 days or
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within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed meeting of City Council after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.
The City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater.
7. Meet & Confer Conference. If Contractor disputes the City’s response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.
Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed.
8. Mediation. Any portion of the Claim which remains in dispute following the meet and confer conference shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204 and the City and the Contractor shall equally share the mediator’s fees. Each party will be responsible for its own attorney’s fees and other costs incurred in the resolution of any Claim.
9. Government Code Claim. If the Claim or any portion thereof remains in dispute, the claimant must file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference or mediation.
ARTICLE 37. CITY’S RIGHT TO TERMINATE CONTRACT
37.1 TERMINATION FOR CAUSE:
1. The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the Contract Time; (ii) fails to
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complete the Work within the required time; (iii) files a bankruptcy petition or is adjudged a bankruptcy; (iv) makes a general assignment for the benefit of its creditors; (v) has a receiver appointed; (vi) refuses or fails to supply enough properly skilled workers or proper materials to complete the Work; (vii) fails to make prompt payment to subcontractors or for material or labor; (viii) disregards Applicable Laws, other requirements or instructions of the City; or (ix) violates any of the provisions of the Contract Documents.
2. The Notice of Default and Intent to Terminate shall state the reasons for termination. Unless within five (5) Days after the service of such notice, Contractor resolves the circumstances giving rise to the Notice of Default to the City’s satisfaction, or makes arrangements acceptable to the City for the required corrective action, this Contract shall terminate. In such case, Contractor shall not be entitled to receive any further payment until the Work has been finished. The City may take over and complete the Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.
37.2 TERMINATION FOR CONVENIENCE:
1. In addition to its right to terminate this Contract for default, the City may terminate the Contract, in whole or in part, at any time upon ten Days written notice to Contractor. The Notice of Termination shall specify that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.
2. After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the Site and any other property upon which the Contractor was working in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts and purchase orders to the extent that they relate to the portions of the Work terminated.
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e. Place no further subcontracts or orders, except as necessary to complete the remaining portion of the Work.
f. Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City’s exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as “Termination Costs Occasioned by the City’s Termination for Convenience.”
g. Owner’s total liability to Contractor by reason of the termination shall be limited to the total (without duplication of any items) of:
(i) The reasonable cost to the Contractor for all Work performed prior to the effective date of the termination, determined in accordance with the Force Account provisions of Article 48, including the Work done to secure the Project for termination. Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the Cost Breakdown.
Deductions shall be made for cost of materials to be retained by the Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work as allowed by the Contract Documents.
Reasonable cost will include reasonable allowance for Project overhead and general administrative overhead.
(ii) When, in the Owner’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed.
(iii) A reasonable allowance for profit on cost of Work performed as determined in accordance with Article 48 provided that the Contractor establishes to the Owner’s satisfaction that the Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed five percent (5%) percent of the cost.
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(iv) Reasonable costs to the Contractor of handling material returned to vendors, delivered to the City, or otherwise disposed of as directed by the Owner.
(v) A reasonable allowance for the Contractor’s internal administrative costs in preparing termination claim.
(vi) Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination.
3. In no event shall the City be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a notice of termination. Such nonrecoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, unreasonable post-termination administrative expenses, post-termination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit.
4. The City shall have no obligation to pay the Contractor under this Article (Termination for Convenience) unless and until the Contractor provides the City with updated and acceptable as-builts and Record Documents for Work completed prior to termination.
5. In arriving at the amount due the Contractor under this clause there shall be deducted in whole or in the appropriate part(s) if the termination is partial:
a. All unliquidated advances or other payments on account previously made to the Contractor, including without limitation all payments which are applicable to the terminated portion of the Contract Documents, b. Any claim the City may have against the Contractor in connection with the Work, and
c. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Contractor and not otherwise recovered by or credited to the Owner.
These provisions are in addition to and not in limitation of any other rights or remedies available to the Owner.
37.3 SAVINGS CLAUSE
If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other
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amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
37.4 EXCEPTION
Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.
ARTICLE 38. WARRANTY AND GUARANTEE
1. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.
2. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
3. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
4. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Work by the City.
5. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work to complete or correct the Work at issue. If the Contractor fails to promptly remedy any defect, or damage within this time; the City shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
6. In the event of any emergency constituting an immediate hazard to health, safety, property, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all actions necessary to correct such condition.
7. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
a. Obtain for City all warranties that would be given in normal commercial practice or that are required in the Contract Documents;
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b. Require all warranties to be executed, in writing, for the benefit of the City; and
c. Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.
This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure section 337.15.
ARTICLE 39. DOCUMENT RETENTION & EXAMINATION
1. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
2. Contractor shall make available to the City any of the Contractor’s other documents related to the Work immediately upon request of the City.
3. In addition to the State Auditor’s rights described above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including electronic records, computations and projections) related to negotiating, pricing, or performing the Work in order to evaluate the accuracy and completeness of the cost or pricing data, for a period of four (4) years after final payment.
ARTICLE 40. SOILS INVESTIGATIONS
When a soils investigation report for the Site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its bid and must make whatever tests it deems appropriate to determine the condition of the soil.
ARTICLE 41. SEPARATE CONTRACTS
1. The City reserves the right to let other contracts in connection with this Project or the Site. Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
2. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect Work already in place and shall at once report to the City any problems with the Work in place or discrepancies with the Contract Documents.
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3. Contractor shall ascertain to its own satisfaction the scope of the Work and nature of any other contracts that have been or may be awarded by the City in prosecution of the Work to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at the Site. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Work. If simultaneous execution of any contract for the Work is likely to cause interference with performance of some other contract or contracts, the City shall decide which contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Site.
ARTICLE 42. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notices shall be deemed to be received upon personal delivery to the addresses above; if sent by overnight delivery, upon delivery as shown by delivery service records; if sent by facsimile, upon receipt as confirmed by the sending facsimile equipment; if by United States Postal Service, five days after deposit in the mail.
ARTICLE 43. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
ARTICLE 44. STATE LICENSE BOARD NOTICE.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
ARTICLE 45. INTEGRATION
1. This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations,
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inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void.
2. Any modification of this Contract shall only be effective if in writing signed by all parties hereto.
3. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
ARTICLE 46. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
ARTICLE 47. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.
ARTICLE 48. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.
ARTICLE 49. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.
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ARTICLE 50. LAWS AND REGULATIONS
1. Contractor shall give all notices and comply with all federal, state, and local laws, ordinances, rules, and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the City, he shall bear all costs arising therefrom.
2. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules, and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.
3. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of “mined material” must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.
ARTICLE 51. PATENT FEES OR ROYALTIES.
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
ARTICLE 52. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
END OF GENERAL CONDITIONS
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SECTION 700 – SPECIAL CONDITIONS
FEDERAL FUNDING REQUIREMENTS
This Project is receiving federal funding through the Federal Highways Administration (FHWA) and administered by the California Department of Transportation (Caltrans). A copy of the funding documents for the Highway Bridge Program (HBP) is included in Attachment “A,” State and Federal Funding Documents and Related Agreements. Contractor shall comply with all conditions required by these funding sources including, but not limited to, the following:
1. FEDERAL LOBBYING ACTIVITIES CERTIFICATION
a. By execution of this Agreement, Contractor certifies, to the best of the signatory officer’s knowledge and belief, that:
i. No federal or state appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any STATE or federal City, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. ii. 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 City, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Rep Lobbying,” in accordance with the form instructions. iii. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM
SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, United States Code. Any party 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. b. Contractor also agrees by signing this Agreement that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.
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2. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
This Project has a DBE participation goal of 22%. Failure to meet or achieve this goal, or to demonstrate the performance of a Good Faith Effort to achieve this goal, is cause to have a bid deemed non-responsive.
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 City 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/civilrights/dbe-search.
All 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.
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• 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 owneroperator. 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. • 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 City 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 include, but is not limited to:
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(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 City may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to the prime contractor based on these acceptances. The City 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 City shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City 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 work by the City. Any delay or postponement of payment may take place only for good cause and with the City’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
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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 City’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 City. Unless the City’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 City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local City’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 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.
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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 City determines other documented good cause.
To terminate a DBE or to terminate a portion of a DBE’s work, the contractor ust 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 City. 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 response 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 City shall respond in writing to Contractor’s DBE termination request within 5 business days.
Replacement of DBE Subcontractors
After receiving the City’s written authorization of DBE termination request, the Contractor must obtain the City’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:
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1. Submit a request to replace a DBE with other forces or material sources in writing to the City which 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 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 City may contract the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher.
• Additional documentation that supports the GFE.
The City shall respond in writing to the Contractor’s DBE replacement within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the City.
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f. DBE Commitment Submittal
Note: In the City’s reports of DBE participation to Caltrans, the City must display both commitments and attainments.
The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.
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. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive written authorization for a termination or replacement from the City.
The City 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.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the City. DBE Commitment form must be received by the City no later than 4:00 p.m. on the 4th business day after bid opening.
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Other bidders do not need to submit the DBE Commitment form unless the City requests it. If the City requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request.
Submit written confirmation from each DBE stating that it is participating in the contract.
Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the City will find your bid nonresponsive.
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 City will withhold $10,000 until the form is submitted. The City releases the withhold upon submission of the completed form.
g. DBE 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
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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
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 5th of the month for the previous three (3) months of work.
The Contractor must notify the City immediately if the Contractor believes the DBE may not be performing a CUF.
The City 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:
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• 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 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).
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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.
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 a day 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. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).
5. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except:
a. 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];
b. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.
Production includes:
a. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
b. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.
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 coating is applied.
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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 (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)
3. Glass (including optic glass)
4. Lumber
5. Drywall
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:
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1. _______________________________
2. _______________________________
6. QUALITY ASSURANCE
The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.
You may examine the records and reports of tests the City performs if they are available at the job site.
Schedule work to allow time for QAP.
7. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract.
If the Local Agency fails to pay promptly, the 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 a payment request, the Local Agency shall act in accordance with 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 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.
8. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
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
9. FORM FWHA-1273 REQUIRED CONTRACT PROVISIONS
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FHWA-1273 -- Revised May, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act
Provisions
V. Contract Work Hours and Safety
Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning
Highway Projects
IX. Implementation of Clean Air Act and
Federal Water Pollution Control Act
X. Compliance with Governmentwide
Suspension and Debarment
Requirements
XI. Certification Regarding Use of Contract
Funds for Lobbying
ATTACHMENTS
A. Employment and Materials
Preference for Appalachian Development
Highway System or Appalachian Local
Access Road Contracts (included in
Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be
physically incorporated in each construction
contract funded under Title 23 (excluding
emergency contracts solely intended for
debris removal). The contractor (or
subcontractor) must insert this form in each
subcontract and further require its inclusion
in all lower tier subcontracts (excluding
purchase orders, rental agreements and other
agreements for supplies or services).
The applicable requirements of Form
FHWA-1273 are incorporated by reference
for work done under any purchase order,
rental agreement, or agreement for other
services. The prime contractor shall be
responsible for compliance by any
subcontractor, lower-tier subcontractor, or
service provider.
Form FHWA-1273 must be included in all
Federal-aid design-build contracts, in all
subcontracts and in lower tier subcontracts
(excluding subcontracts for design services,
purchase orders, rental agreements and other
agreements for supplies or services). The
design-builder shall be responsible for
compliance by any subcontractor, lower-tier
subcontractor or service provider.
Contracting agencies may reference Form
FHWA-1273 in bid proposal or request for
proposal documents, however, the Form
FHWA-1273 must be physically
incorporated (not referenced) in all
contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders,
rental agreements and other agreements for
supplies or services related to a construction
contract).
2. Subject to the applicability
criteria noted in the following sections, these
contract provisions shall apply to all work
performed on the contract by the contractor's
own organization and with the assistance of
workers under the contractor's immediate
superintendence and to all work performed
on the contract by piecework, station work,
or by subcontract.
3. A breach of any of the
stipulations contained in these Required
Contract Provisions may be sufficient
grounds for withholding of progress
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payments, withholding of final payment,
termination of the contract, suspension /
debarment or any other action determined to
be appropriate by the contracting City and
FHWA.
4. Selection of Labor: During
the performance of this contract, the
contractor shall not use convict labor for any
purpose within the limits of a construction
project on a Federal-aid highway unless it is
labor performed by convicts who are on
parole, supervised release, or probation.
The term Federal-aid highway does not
include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23
CFR Part 230 are applicable to all Federalaid construction contracts and to all related construction subcontracts of $10,000 or
more. The provisions of 23 CFR Part 230
are not applicable to material supply,
engineering, or architectural service
contracts.
In addition, the contractor and all
subcontractors must comply with the
following policies: Executive Order 11246,
41 CFR 60, 29 CFR 1625-1627, Title 23
USC Section 140, the Rehabilitation Act of
1973, as amended (29 USC 794), Title VI of
the Civil Rights Act of 1964, as amended,
and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200,
230, and 633.
The contractor and all subcontractors must
comply with: the requirements of the Equal
Opportunity Clause in 41 CFR 60-1.4(b)
and, for all construction contracts exceeding
$10,000, the Standard Federal Equal
Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has
exclusive authority to determine compliance
with Executive Order 11246 and the policies
of the Secretary of Labor including 41 CFR
60, and 29 CFR 1625-1627. The contracting
City and the FHWA have the authority and
the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation
Act of 1973, as amended (29 USC 794), and
Title VI of the Civil Rights Act of 1964, as
amended, and related regulations including
49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The following provision is adopted from 23
CFR 230, Appendix A, with appropriate
revisions to conform to the U.S. Department
of Labor (US DOL) and FHWA
requirements.
1. Equal Employment
Opportunity: Equal employment
opportunity (EEO) requirements not to
discriminate and to take affirmative action to
assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28
CFR 35, 29 CFR 1630, 29 CFR 1625-1627,
41 CFR 60 and 49 CFR 27) and orders of
the Secretary of Labor as modified by the
provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute
the EEO and specific affirmative action
standards for the contractor's project
activities under this contract. The provisions
of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) set forth
under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In
the execution of this contract, the contractor
agrees to comply with the following
minimum specific requirement activities of
EEO:
a. The contractor will
work with the contracting City and the
Federal Government to ensure that it has
made every good faith effort to provide
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equal opportunity with respect to all of its
terms and conditions of employment and in
their review of activities under the contract.
b. The contractor will
accept as its operating policy the following
statement::
"It is the policy of this Company
to assure that applicants are
employed, and that employees
are treated during employment,
without regard to their race,
religion, sex, color, national
origin, age or disability. Such
action shall include:
employment, upgrading,
demotion, or transfer;
recruitment or recruitment
advertising; layoff or
termination; rates of pay or other
forms of compensation; and
selection for training, including
apprenticeship, preapprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor
will designate and make known to the
contracting officers an EEO Officer who
will have the responsibility for and must be
capable of effectively administering and
promoting an active EEO program and who
must be assigned adequate authority and
responsibility to do so
3. Dissemination of Policy: All
members of the contractor's staff who are
authorized to hire, supervise, promote, and
discharge employees, or who recommend
such action, or who are substantially
involved in such action, will be made fully
cognizant of, and will implement, the
contractor's EEO policy and contractual
responsibilities to provide EEO in each
grade and classification of employment. To
ensure that the above agreement will be met,
the following actions will be taken as a
minimum:
a. Periodic meetings of
supervisory and personnel office employees
will be conducted before the start of work
and then not less often than once every six
months, at which time the contractor's EEO
policy and its implementation will be
reviewed and explained. The meetings will
be conducted by the EEO Officer.
b. All new supervisory
or personnel office employees will be given
a thorough indoctrination by the EEO
Officer, covering all major aspects of the
contractor's EEO obligations within thirty
days following their reporting for duty with
the contractor.
c. All personnel who are
engaged in direct recruitment for the project
will be instructed by the EEO Officer in the
contractor's procedures for locating and
hiring minorities and women.
d. Notices and posters
setting forth the contractor's EEO policy will
be placed in areas readily accessible to
employees, applicants for employment and
potential employees.
e. The contractor's EEO
policy and the procedures to implement such
policy will be brought to the attention of
employees by means of meetings, employee
handbooks, or other appropriate means.
4. Recruitment: When
advertising for employees, the contractor
will include in all advertisements for
employees the notation: "An Equal
Opportunity Employer." All such
advertisements will be placed in
publications having a large circulation
among minorities and women in the area
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from which the project work force would
normally be derived.
a. The contractor will,
unless precluded by a valid bargaining
agreement, conduct systematic and direct
recruitment through public and private
employee referral sources likely to yield
qualified minorities and women. To meet
this requirement, the contractor will identify
sources of potential minority group
employees, and establish with such
identified sources procedures whereby
minority and women applicants may be
referred to the contractor for employment
consideration.
b. In the event the
contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals,
the contractor is expected to observe the
provisions of that agreement to the extent
that the system meets the contractor's
compliance with EEO contract provisions.
Where implementation of such an agreement
has the effect of discriminating against
minorities or women, or obligates the
contractor to do the same, such
implementation violates Federal
nondiscrimination provisions.
c. The contractor will
encourage its present employees to refer
minorities and women as applicants for
employment. Information and procedures
with regard to referring such applicants will
be discussed with employees.
5. Personnel Actions: Wages,
working conditions, and employee benefits
shall be established and administered, and
personnel actions of every type, including
hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be
taken without regard to race, color, religion,
sex, national origin, age or disability. The
following procedures shall be followed:
a. The contractor will
conduct periodic inspections of project sites
to insure that working conditions and
employee facilities do not indicate
discriminatory treatment of project site
personnel.
b. The contractor will
periodically evaluate the spread of wages
paid within each classification to determine
any evidence of discriminatory wage
practices.
c. The contractor will
periodically review selected personnel
actions in depth to determine whether there
is evidence of discrimination. Where
evidence is found, the contractor will
promptly take corrective action. If the
review indicates that the discrimination may
extend beyond the actions reviewed, such
corrective action shall include all affected
persons.
d. The contractor will
promptly investigate all complaints of
alleged discrimination made to the
contractor in connection with its obligations
under this contract, will attempt to resolve
such complaints, and will take appropriate
corrective action within a reasonable time.
If the investigation indicates that the
discrimination may affect persons other than
the complainant, such corrective action shall
include such other persons. Upon
completion of each investigation, the
contractor will inform every complainant of
all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will
assist in locating, qualifying, and increasing
the skills of minorities and women who are
applicants for employment or current
employees. Such efforts should be aimed at
developing full journey level status
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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 City may reserve
training positions for persons who receive
welfare assistance in accordance with 23
U.S.C. 140(a).
c. The contractor will
advise employees and applicants for
employment of available training programs
and entrance requirements for each.
d. The contractor will
periodically review the training and
promotion potential of employees who are
minorities and women and will encourage
eligible employees to apply for such training
and promotion.
7. Unions: If the contractor
relies in whole or in part upon unions as a
source of employees, the contractor will use
good faith efforts to obtain the cooperation
of such unions to increase opportunities for
minorities and women. Actions by the
contractor, either directly or through a
contractor's association acting as agent, will
include the procedures set forth below:
a. The contractor will
use good faith efforts to develop, in
cooperation with the unions, joint training
programs aimed toward qualifying more
minorities and women for membership in
the unions and increasing the skills of
minorities and women so that they may
qualify for higher paying employment.
b. The contractor will
use good faith efforts to incorporate an EEO
clause into each union agreement to the end
that such union will be contractually bound
to refer applicants without regard to their
race, color, religion, sex, national origin, age
or disability.
c. The contractor is to
obtain information as to the referral
practices and policies of the labor union
except that to the extent such information is
within the exclusive possession of the labor
union and such labor union refuses to
furnish such information to the contractor,
the contractor shall so certify to the
contracting City and shall set forth what
efforts have been made to obtain such
information.
d. In the event the union
is unable to provide the contractor with a
reasonable flow of referrals within the time
limit set forth in the collective bargaining
agreement, the contractor will, through
independent recruitment efforts, fill the
employment vacancies without regard to
race, color, religion, sex, national origin, age
or disability; making full efforts to obtain
qualified and/or qualifiable minorities and
women. The failure of a union to provide
sufficient referrals (even though it is
obligated to provide exclusive referrals
under the terms of a collective bargaining
agreement) does not relieve the contractor
from the requirements of this paragraph. In
the event the union referral practice prevents
the contractor from meeting the obligations
pursuant to Executive Order 11246, as
amended, and these special provisions, such
contractor shall immediately notify the
contracting City.
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8. Reasonable Accommodation
for Applicants / Employees with
Disabilities: The contractor must be familiar
with the requirements for and comply with
the Americans with Disabilities Act and all
rules and regulations established there
under. Employers must provide reasonable
accommodation in all employment activities
unless to do so would cause an undue
hardship.
9. Selection of Subcontractors,
Procurement of Materials and Leasing of
Equipment: The contractor shall not
discriminate on the grounds of race, color,
religion, sex, national origin, age or
disability in the selection and retention of
subcontractors, including procurement of
materials and leases of equipment. The
contractor shall take all necessary and
reasonable steps to ensure nondiscrimination
in the administration of this contract.
a. The contractor shall
notify all potential subcontractors and
suppliers and lessors of their EEO
obligations under this contract.
b. The contractor will
use good faith efforts to ensure
subcontractor compliance with their EEO
obligations.
10. Assurances Required by 49
CFR 26.13(b):
a. The requirements of
49 CFR Part 26 and the State DOT’s U.S.
DOT-approved DBE program are
incorporated by reference.
b. The contractor or
subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in
the performance of this contract. The
contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award
and administration of DOT-assisted
contracts. Failure by the contractor to carry
out these requirements is a material breach
of this contract, which may result in the
termination of this contract or such other
remedy as the contracting City deems
appropriate.
11. Records and Reports: The
contractor shall keep such records as
necessary to document compliance with the
EEO requirements. Such records shall be
retained for a period of three years following
the date of the final payment to the
contractor for all contract work and shall be
available at reasonable times and places for
inspection by authorized representatives of
the contracting City and the FHWA.
a. The records kept by
the contractor shall document the following:
(1) The number
and work hours of minority and nonminority 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 City each July for the
duration of the project, indicating the
number of minority, women, and nonminority group employees currently engaged in each work classification required by the
contract work. This information is to be
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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 Federalaid construction contracts and to all related construction subcontracts of $10,000 or
more.
The contractor must ensure that facilities
provided for employees are provided in such
a manner that segregation on the basis of
race, color, religion, sex, or national origin
cannot result. The contractor may neither
require such segregated use by written or
oral policies nor tolerate such use by
employee custom. The contractor's
obligation extends further to ensure that its
employees are not assigned to perform their
services at any location, under the
contractor's control, where the facilities are
segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and
other eating areas, time clocks, restrooms,
washrooms, locker rooms, and other storage
or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas,
transportation, and housing provided for
employees. The contractor shall provide
separate or single-user restrooms and
necessary dressing or sleeping areas to
assure privacy between sexes.
IV. DAVIS-BACON AND RELATED
ACT PROVISIONS
This section is applicable to all Federal-aid
construction projects exceeding $2,000 and
to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size).
The requirements apply to all projects
located within the right-of-way of a roadway
that is functionally classified as Federal-aid
highway. This excludes roadways
functionally classified as local roads or rural
minor collectors, which are exempt.
Contracting agencies may elect to apply
these requirements to other projects.
The following provisions are from the U.S.
Department of Labor regulations in 29 CFR
5.5 “Contract provisions and related
matters” with minor revisions to conform to
the FHWA-1273 format and FHWA
program requirements.
1. Minimum wages
a. All laborers and
mechanics employed or working upon the
site of the work, will be paid unconditionally
and not less often than once a week, and
without subsequent deduction or rebate on
any account (except such payroll deductions
as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act
(29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment
computed at rates not less than those
contained in the wage determination of the
Secretary of Labor which is attached hereto
and made a part hereof, regardless of any
contractual relationship which may be
alleged to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reasonably
anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are
considered wages paid to such laborers or
mechanics, subject to the provisions of
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paragraph 1.d. of this section; also, regular
contributions made or costs incurred for
more than a weekly period (but not less
often than quarterly) under plans, funds, or
programs which cover the particular weekly
period, are deemed to be constructively
made or incurred during such weekly period.
Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits
on the wage determination for the
classification of work actually performed,
without regard to skill, except as provided in
29 CFR 5.5(a)(4). Laborers or mechanics
performing work in more than one
classification may be compensated at the
rate specified for each classification for the
time actually worked therein: Provided, That
the employer's payroll records accurately set
forth the time spent in each classification in
which work is performed. The wage
determination (including any additional
classification and wage rates conformed
under paragraph 1.b. of this section) and the
Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its
subcontractors at the site of the work in a
prominent and accessible place where it can
be easily seen by the workers.
b. (1) The
contracting officer shall require that any
class of laborers or mechanics, including
helpers, which is not listed in the wage
determination and which is to be employed
under the contract shall be classified in
conformance with the wage determination.
The contracting officer shall approve an
additional classification and wage rate and
fringe benefits therefore only when the
following criteria have been met:
(i) The
work to be performed by the classification
requested is not performed by a
classification in the wage determination; and
(ii) The
classification is utilized in the area by the
construction industry; and
(iii) The
proposed wage rate, including any bona fide
fringe benefits, bears a reasonable
relationship to the wage rates contained in
the wage determination.
(2) If the
contractor and the laborers and mechanics to
be employed in the classification (if known),
or their representatives, and the contracting
officer agree on the classification and wage
rate (including the amount designated for
fringe benefits where appropriate), a report
of the action taken shall be sent by the
contracting officer to the Administrator of
the Wage and Hour Division, Employment
Standards Administration, U.S. Department
of Labor, Washington, DC 20210. The
Administrator, or an authorized
representative, will approve, modify, or
disapprove every additional classification
action within 30 days of receipt and so
advise the contracting officer or will notify
the contracting officer within the 30-day
period that additional time is necessary.
(3) In the event
the contractor, the laborers or mechanics to
be employed in the classification or their
representatives, and the contracting officer
do not agree on the proposed classification
and wage rate (including the amount
designated for fringe benefits, where
appropriate), the contracting officer shall
refer the questions, including the views of
all interested parties and the
recommendation of the contracting officer,
to the Wage and Hour Administrator for
determination. The Wage and Hour
Administrator, or an authorized
representative, will issue a determination
within 30 days of receipt and so advise the
contracting officer or will notify the
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contracting officer within the 30-day period
that additional time is necessary.
(4) The wage rate
(including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all
workers performing work in the
classification under this contract from the
first day on which work is performed in the
classification.
c. Whenever the
minimum wage rate prescribed in the
contract for a class of laborers or mechanics
includes a fringe benefit which is not
expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the
wage determination or shall pay another
bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does
not make payments to a trustee or other third
person, the contractor may consider as part
of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated
in providing bona fide fringe benefits under
a plan or program, Provided, That the
Secretary of Labor has found, upon the
written request of the contractor, that the
applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may
require the contractor to set aside in a
separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting City shall upon its own
action or upon written request of an
authorized representative of the Department
of Labor, withhold or cause to be withheld
from the contractor under this contract, or
any other Federal contract with the same
prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of
the accrued payments or advances as may be
considered necessary to pay laborers and
mechanics, including apprentices, trainees,
and helpers, employed by the contractor or
any subcontractor the full amount of wages
required by the contract. In the event of
failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper,
employed or working on the site of the
work, all or part of the wages required by
the contract, the contracting City may, after
written notice to the contractor, take such
action as may be necessary to cause the
suspension of any further payment, advance,
or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic
records relating thereto shall be maintained
by the contractor during the course of the
work and preserved for a period of three
years thereafter for all laborers and
mechanics working at the site of the work.
Such records shall contain the name,
address, and social security number of each
such worker, his or her correct classification,
hourly rates of wages paid (including rates
of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents
thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked,
deductions made and actual wages paid.
Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv) that the wages of
any laborer or mechanic include the amount
of any costs reasonably anticipated in
providing benefits under a plan or program
described in section 1(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the
plan or program is financially responsible,
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and that the plan or program has been
communicated in writing to the laborers or
mechanics affected, and records which show
the costs anticipated or the actual cost
incurred in providing such benefits.
Contractors employing apprentices or
trainees under approved programs shall
maintain written evidence of the registration
of apprenticeship programs and certification
of trainee programs, the registration of the
apprentices and trainees, and the ratios and
wage rates prescribed in the applicable
programs.
b. (1) The contractor
shall submit weekly for each week in which
any contract work is performed a copy of all
payrolls to the contracting City. The
payrolls submitted shall set out accurately
and completely all of the information
required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security
numbers and home addresses shall not be
included on weekly transmittals. Instead the
payrolls shall only need to include an
individually identifying number for each
employee ( e.g. , the last four digits of the
employee's social security number). The
required weekly payroll information may be
submitted in any form desired. Optional
Form WH–347 is available for this purpose
from the Wage and Hour Division Web site
at
http://www.dol.gov/esa/whd/forms/wh347in
str.htm or its successor site. The prime
contractor is responsible for the submission
of copies of payrolls by all subcontractors.
Contractors and subcontractors shall
maintain the full social security number and
current address of each covered worker, and
shall provide them upon request to the
contracting City for transmission to the State
DOT, the FHWA or the Wage and Hour
Division of the Department of Labor for
purposes of an investigation or audit of
compliance with prevailing wage
requirements. It is not a violation of this
section for a prime contractor to require a
subcontractor to provide addresses and
social security numbers to the prime
contractor for its own records, without
weekly submission to the contracting City.
(2) Each payroll
submitted shall be accompanied by a
“Statement of Compliance,” signed by the
contractor or subcontractor or his or her
agent who pays or supervises the payment of
the persons employed under the contract and
shall certify the following:
(i) That
the payroll for the payroll period contains
the information required to be provided
under §5.5 (a)(3)(ii) of Regulations, 29 CFR
part 5, the appropriate information is being
maintained under §5.5 (a)(3)(i) of
Regulations, 29 CFR part 5, and that such
information is correct and complete;
(ii) That
each laborer or mechanic (including each
helper, apprentice, and trainee) employed on
the contract during the payroll period has
been paid the full weekly wages earned,
without rebate, either directly or indirectly,
and that no deductions have been made
either directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations, 29
CFR part 3;
(iii) That
each laborer or mechanic has been paid not
less than the applicable wage rates and
fringe benefits or cash equivalents for the
classification of work performed, as
specified in the applicable wage
determination incorporated into the contract.
(3) The weekly
submission of a properly executed
certification set forth on the reverse side of
Optional Form WH–347 shall satisfy the
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requirement for submission of the
“Statement of Compliance” required by
paragraph 3.b.(2) of this section.
(4) The
falsification of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal
prosecution under section 1001 of title 18
and section 231 of title 31 of the United
States Code.
c. The contractor or
subcontractor shall make the records
required under paragraph 3.a. of this section
available for inspection, copying, or
transcription by authorized representatives
of the contracting City, the State DOT, the
FHWA, or the Department of Labor, and
shall permit such representatives to
interview employees during working hours
on the job. If the contractor or subcontractor
fails to submit the required records or to
make them available, the FHWA may, after
written notice to the contractor, the
contracting City or the State DOT, take such
action as may be necessary to cause the
suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure
to submit the required records upon request
or to make such records available may be
grounds for debarment action pursuant to 29
CFR 5.12.
4. Apprentices and trainees
a. Apprentices
(programs of the USDOL).
Apprentices will be permitted to work at less
than the predetermined rate for the work
they performed when they are employed
pursuant to and individually registered in a
bona fide apprenticeship program registered
with the U.S. Department of Labor,
Employment and Training Administration,
Office of Apprenticeship Training,
Employer and Labor Services, or with a
State Apprenticeship City recognized by the
Office, or if a person is employed in his or
her first 90 days of probationary
employment as an apprentice in such an
apprenticeship program, who is not
individually registered in the program, but
who has been certified by the Office of
Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship
City (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to
journeymen on the job site in any craft
classification shall not be greater than the
ratio permitted to the contractor as to the
entire work force under the registered
program. Any worker listed on a payroll at
an apprentice wage rate, who is not
registered or otherwise employed as stated
above, shall be paid not less than the
applicable wage rate on the wage
determination for the classification of work
actually performed. In addition, any
apprentice performing work on the job site
in excess of the ratio permitted under the
registered program shall be paid not less
than the applicable wage rate on the wage
determination for the work actually
performed. Where a contractor is performing
construction on a project in a locality other
than that in which its program is registered,
the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate)
specified in the contractor's or
subcontractor's registered program shall be
observed.
Every apprentice must be paid at not less
than the rate specified in the registered
program for the apprentice's level of
progress, expressed as a percentage of the
journeymen hourly rate specified in the
applicable wage determination. Apprentices
shall be paid fringe benefits in accordance
with the provisions of the apprenticeship
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program. If the apprenticeship program does
not specify fringe benefits, apprentices must
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10. USE OF UNITED STATES-FLAG VESSELS:
The CONTRACTOR agrees:
a. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, 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. b. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “onboard” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
c. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
11. FEMALE AND MINORITY GOALS
To comply with comply with Section II, “Nondiscrimination,” of “Required Contract Provisions Federal-Aid Construction Contracts,” the following are goals for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
b. The nationwide goal for female utilization is 6.9 percent. c. The goal for minority utilization is 19.0 percent.
For the last full week July during which work is performed under the contract, you 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.
12. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 3.
This section applies if a number of trainees or apprentices are specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
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If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.
Include these training requirements in your 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 your needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, submit to the City of Twentynine Palms:
d. Number of apprentices or trainees to be trained for each classification e. Training program to be used
f. Training starting date for each classification
Obtain the City of Twentynine Palms’ approval for this submitted information before you start work. The City of Twentynine Palms credits you for each apprentice or trainee you employ on the work 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 journeymen status. 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. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
a. 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
b. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee’s answers to the questions.
In your training program, establish the minimum length and training type for each classification.
The City of Twentynine Palms and the FHWA approves a program if one of the following is met:
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a. It is calculated to:
(1) Meet your equal employment opportunity responsibilities (2) Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period b. 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 Obtain the State’s approval for your training program before you start work involving the classification covered by the program.
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 reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:
a. For on-site training
b. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:
(1) Contribute to the cost of the training
(2) Provide the instruction to the apprentice or trainee (3) Pay the apprentice’s or trainee’s wages during the off-site training period
a. If you comply this section.
Each apprentice or trainee must:
a. Begin training on the project as soon as feasible after the start of work involving the apprentice’s or trainee’s skill
b. 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:
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a. Copy of the program you will comply with in providing the training Certification showing the type and length of training satisfactorily completed b. Certification showing the type and length of training satisfactorily completed
13. TITLE VI ASSURANCES
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:
c. 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.
d. 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.
e. 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. f. Information and Reports: CONTRACTOR shall provide all information and reports required by the 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 California Department of Transportation 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 California Department of Transportation or the FHWA as appropriate and shall set forth what efforts CONTRACTOR has made to obtain the information.
g. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
- 138 -
(1) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (2) cancellation, termination, or suspension of the Agreement, in whole or in part.
h. 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 California Department of Transportation 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 California Department of Transportation 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 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 nondiscrimination 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
- 139 -
and Section 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 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 accommodation, 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 LowIncome 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 Proficiency, and resulting City 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).
Maintain records and submit reports documenting your performance under this section.
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TECHNICAL SPECIFICATIONS
THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1. Special Provisions
Technical Specifications
STATE OF CALIFORNIA
CITY OF TWENTYNINE PALMS
________________________________________________________
TECHNICAL SPECIAL PROVISIONS
FOR CONSTRUCTION OF
SPLIT ROCK AVENUE BRIDGE
IN THE
CITY OF TWENTYNINE PALMS
__________________________________________________
For use in connection with California Department of Transportation, Standard Specifications Dated 2023, Caltrans Revised Standard Specifications, Caltrans Standard Plans Dated 2023, Caltrans Revised Standard Plans, Labor Surcharge And Equipment Rental Rates, and the Director of Industrial Relations General Prevailing Wage Rates. __________________________________________________
Technical Specifications
CITY OF TWENTYNINE PALMS
SPLIT ROCK AVENUE BRIDGE
The various portions of the Contract Documents have been prepared under the direction of the following licensed Civil Engineers, in accordance with California Business and Professions Code §6735.
ROADWAY AND ELECTRICAL
08-10-23
___________________________________________________________________________________________________________________________ Registered Civil Engineer Date
DANIEL NUTTER
C76641
12/31/2024
Technical Specifications
TABLE OF CONTENTS
STANDARD PLANS LIST ............................................................................ Error! Bookmark not defined.
BID ITEM LIST ...............................................................................................................................................9 ORGANIZATION ........................................................................................................................................ 11 DIVISION I GENERAL PROVISIONS ....................................................................................................... 11 1 GENERAL ............................................................................................................................................... 11 2 BIDDING ................................................................................................................................................. 12 3 CONTRACT AWARD AND EXECUTION .............................................................................................. 12 4 SCOPE OF WORK ................................................................................................................................. 12 5 CONTROL OF WORK ............................................................................................................................ 12 6 CONTROL OF MATERIALS ................................................................................................................... 12 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ........................................................... 15 8 PROSECUTION AND PROGRESS ....................................................................................................... 15 9 PAYMENT .............................................................................................................................................. 15 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 15 10 GENERAL ............................................................................................................................................. 15 11 WELDING ............................................................................................................................................. 15 12 TEMPORARY TRAFFIC CONTROL .................................................................................................... 15 13 WATER POLLUTION CONTROL......................................................................................................... 15 14 ENVIRONMENTAL STEWARDSHIP ................................................................................................... 20 15 EXISTING FACILITIES ......................................................................................................................... 22 16 TEMPORARY FACILITIES ................................................................................................................... 22 DIVISION III EARTHWORK AND LANDSCAPE ....................................................................................... 22 17 GENERAL ............................................................................................................................................. 22 18 DUST PALLIATIVES ............................................................................................................................ 22 19 EARTHWORK ...................................................................................................................................... 23 20 LANDSCAPE ........................................................................................................................................ 23 21 EROSION CONTROL .......................................................................................................................... 23 22 FINISHING ROADWAY ........................................................................................................................ 23 DIVISION IV SUBBASES AND BASES .................................................................................................... 23 23 GENERAL ............................................................................................................................................. 23 24 STABILIZED SOILS ............................................................................................................................. 23 25 AGGREGATE SUBBASES .................................................................................................................. 23 26 AGGREGATE BASES .......................................................................................................................... 23 27 CEMENT TREATED BASES ................................................................................................................ 23 28 CONCRETE BASES ............................................................................................................................ 23 29 TREATED PERMEABLE BASES ......................................................................................................... 23 30 RECLAIMED PAVEMENT .................................................................................................................... 23 31–35 RESERVED .................................................................................................................................... 23
Technical Specifications
DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 23 36 GENERAL ............................................................................................................................................. 23 37 BITUMINOUS SEALS .......................................................................................................................... 23 38 RESERVED .......................................................................................................................................... 23 39 ASPHALT CONCRETE ........................................................................................................................ 23 40 CONCRETE PAVEMENT ..................................................................................................................... 26 41 EXISTING CONCRETE PAVEMENT ................................................................................................... 26 42 GROOVE AND GRIND CONCRETE ................................................................................................... 26 43–44 RESERVED .................................................................................................................................... 26 DIVISION VI STRUCTURES ..................................................................................................................... 26 45 GENERAL ............................................................................................................................................. 26 46 GROUND ANCHORS AND SOIL NAILS ............................................................................................. 26 47 EARTH RETAINING SYSTEMS........................................................................................................... 26 48 TEMPORARY STRUCTURES ............................................................................................................. 26 49 PILING .................................................................................................................................................. 26 50 PRESTRESSING CONCRETE ............................................................................................................ 28 51 CONCRETE STRUCTURES ................................................................................................................ 28 52 REINFORCEMENT .............................................................................................................................. 29 53 SHOTCRETE........................................................................................................................................ 34 54 WATERPROOFING ............................................................................................................................. 34 55 STEEL STRUCTURES ......................................................................................................................... 34 56 OVERHEAD SIGN STRUCTURES, STANDARDS, AND POLES ....................................................... 34 57 WOOD AND PLASTIC LUMBER STRUCTURES ................................................................................ 34 58 SOUND WALLS ................................................................................................................................... 34 59 STRUCTURAL STEEL COATINGS ..................................................................................................... 34 60 EXISTING STRUCTURES ................................................................................................................... 34 DIVISION VII DRAINAGE FACILITIES ..................................................................................................... 34 61 GENERAL ............................................................................................................................................. 34 62–63 RESERVED .................................................................................................................................... 34 64 PLASTIC PIPE...................................................................................................................................... 34 65 CONCRETE PIPE ................................................................................................................................ 34 66 CORRUGATED METAL PIPE .............................................................................................................. 34 67 STRUCTURAL PLATE CULVERTS ..................................................................................................... 34 68 SUBSURFACE DRAINS ...................................................................................................................... 34 69 OVERSIDE DRAINS ............................................................................................................................ 34 70 MISCELLANEOUS DRAINAGE FACILITIES ....................................................................................... 34 71 EXISTING DRAINAGE FACILITIES ..................................................................................................... 34 DIVISION VIII MISCELLANEOUS CONSTRUCTION............................................................................... 34 72 SLOPE PROTECTION ......................................................................................................................... 34 73 CONCRETE CURBS AND SIDEWALKS ............................................................................................. 35
Technical Specifications
74 PUMPING EQUIPMENT AND CONTROLS ......................................................................................... 35 75 MISCELLANEOUS METAL .................................................................................................................. 35 76 WELLS .................................................................................................................................................. 35 77 LOCAL INFRASTRUCTURE ................................................................................................................ 35 78 INCIDENTAL CONSTRUCTION .......................................................................................................... 35 79 RESERVED .......................................................................................................................................... 35 80 FENCES ............................................................................................................................................... 35 DIVISION IX TRAFFIC CONTROL DEVICES ........................................................................................... 35 81 MISCELLANEOUS TRAFFIC CONTROL DEVICES ........................................................................... 35 82 SIGNS AND MARKERS ....................................................................................................................... 35 83 RAILINGS AND BARRIERS ................................................................................................................. 35 84 MARKINGS........................................................................................................................................... 35 85 RESERVED .......................................................................................................................................... 36 DIVISION X ELECTRICAL WORK ............................................................................................................ 36 86 GENERAL ............................................................................................................................................. 36 87 ELECTRICAL SYSTEMS ..................................................................................................................... 36 88 RESERVED .......................................................................................................................................... 36 DIVISION XI MATERIALS ......................................................................................................................... 36 89 AGGREGATE ....................................................................................................................................... 36 90 CONCRETE.......................................................................................................................................... 36 91 PAINT ................................................................................................................................................... 36 92 ASPHALT BINDERS ............................................................................................................................ 36 93 RESERVED .......................................................................................................................................... 36 94 ASPHALTIC EMULSIONS ................................................................................................................... 36 95 EPOXY ................................................................................................................................................. 36 96 GEOSYNTHETICS ............................................................................................................................... 36 97–98 RESERVED .................................................................................................................................... 36 DIVISION XII BUILDING CONSTRUCTION ............................................................................................. 36 99 BUILDING CONSTRUCTION ............................................................................................................... 36
Technical Specifications
STANDARD PLANS LIST
The standard plan sheets applicable to this Contract include those listed below. The applicable revised standard plans (RSPs) listed below are included in the project plans.
ABBREVIATIONS, LINES, SYMBOLS, AND LEGEND
A3A Abbreviations (Sheet 1 of 3)
A3B Abbreviations (Sheet 2 of 3)
A3C Abbreviations (Sheet 3 of 3)
A10A Legend - Lines and Symbols (Sheet 1 of 5)
A10B Legend - Lines and Symbols (Sheet 2 of 5)
A10C Legend - Lines and Symbols (Sheet 3 of 5)
A10D Legend - Lines and Symbols (Sheet 4 of 5)
A10E Legend - Lines and Symbols (Sheet 5 of 5)
A10F Legend - Soil (Sheet 1 of 2)
A10G Legend - Soil (Sheet 2 of 2)
A10H Legend - Rock
PAVEMENT MARKERS, TRAFFIC LINES, AND PAVEMENT MARKINGS
A20A Pavement Markers and Traffic Lines - Typical Details A20B Pavement Markers and Traffic Lines - Typical Details A20C Pavement Markers and Traffic Lines - Typical Details A20D Pavement Markers and Traffic Lines - Typical Details A20E Traffic Lines - Typical Details for Contrast Striping A20F Pavement Markers and Traffic Lines - Typical Details A24A Pavement Markings - Arrows
A24B Pavement Markings - Arrows and Symbols
A24C Pavement Markings - Symbols and Numerals
A24D Pavement Markings - Words
A24E Pavement Markings - Words
A24F Pavement Markings - Crosswalks
A24G Pavement Markings - Yield Lines, Limit Lines, and Wrong Way Details A24H Pavement Markings Arrows
EXCAVATION AND BACKFILL
A62A Excavation and Backfill - Miscellaneous Details
A62B Limits of Payment for Excavation and Backfill - Bridge Surcharge and Wall A62C Limits of Payment for Excavation and Backfill - Bridge
OBJECT MARKERS, DELINEATORS, CHANNELIZERS, AND BARRICADES A73B Markers
FENCES
A84A Temporary Desert Tortoise Fence
A84B Desert Tortoise Fence
A85 Chain Link Fence
A85A Chain Link Fence Details
A85B Chain Link Fence Details
DRAINAGE INLETS, PIPE INLETS AND GRATES
D72A CIP Drainage Inlets - Types OS, OL and GOL
D72F CIP Drainage Inlet Notes
Technical Specifications
D72G CIP Drainage Inlet Tables
D74 Drainage Inlet Details
D77A Grate Details No. 1
CONSTRUCTION LOADS ON CULVERTS AND STRUT DETAILS
D88 Construction Loads on Culverts
TEMPORARY CRASH CUSHIONS, RAILING AND TRAFFIC SCREEN
T1A Temporary Crash Cushion, Sand Filled (Unidirectional) T1A1 Temporary Crash Cushion, Sand Filled (Unidirectional) T1B Temporary Crash Cushion, Sand Filled (Bidirectional) T2 Temporary Crash Cushion, Sand Filled (Shoulder Installations) T3A Temporary Railing (Type K)
T3B Temporary Railing (Type K)
T3C Temporary Barrier System (Cross Bolt)
T3D Temporary Barrier System (Cross Bolt)
T3E Temporary Barrier System (Cross Bolt)
TEMPORARY WATER POLLUTION CONTROL
T54 Temporary Water Pollution Control Details (Temporary Erosion Control Blanket)
T55 Temporary Water Pollution Control Details (Temporary Erosion Control Blanket)
T57 Temporary Water Pollution Control Details (Temporary Check Dam) T58 Temporary Water Pollution Control Details (Temporary Construction Entrance) T59 Temporary Water Pollution Control Details (Temporary Concrete Washout Facility)
T64 Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
T65 Temporary Water Pollution Control Details (Temporary High-Visibility Fence)
BRIDGE DETAILS
B0-1 Bridge Details
B0-3 Bridge Details
B0-5 Bridge Details
B0-13 Bridge Details
CAST-IN-PLACE POST-TENSIONED GIRDER
B8-5 Cast-In-Place Post-Tensioned Girder Details
B9-6 Structure Approach - Drainage Details
CHAIN LINK RAILING, CABLE RAILING AND TUBULAR HAND RAILING B11-51 Tubular Handrailing
BRIDGE CONCRETE BARRIERS
B11-58 Concrete Barrier Type 732SW (Sheet 1 of 2)
B11-59 Concrete Barrier Type 732SW (Sheet 2 of 2)
CONCRETE BARRIERS
B11-79 Concrete Barrier Type 836 Details No. 1
B11-80 Concrete Barrier Type 836 Details No. 2
ROADSIDE SIGNS
RS1 Roadside Signs - Typical Installation Details No. 1 RS2 Roadside Signs - Wood Post - Typical Installation Details No. 2 RS4 Roadside Signs - Typical Installation Details No. 4
Technical Specifications
SAN BERNARDINO COUNTY STANDARD PLANS LIST
STD 109 Sidewalk
STD 117 Asphalt Concrete Dike
STD 203 Local Depression
STD 205 36" Manhole Frame & Cover
STD 206 Type "A" Catch Basin
STD 206a Catch Basin Opening
STD 208 Storm Drain Cleanout
STD 209 Head wall Wing - Type
SAN BERNARDINO COUNTY FLOOD CONTROL STANDARD PLANS LIST SP 183-A Pipe Thru Trapezoidal Earth Channel
SAN BERNARDINO COUNTY SPECIAL DISTRICT DEPARTMENT STANDARD
PLANS LIST
H-6 Air and Vacuum Valve Assembly
H-9 Service Connections to Water Mains
H-15 Trench Repair in Roadways
H-16 Typical Trench Detail
Technical Specifications
BID ITEM LIST
ITEM
NO
BID
ITEM
CODE
ITEM DESCRIPTION ESTIMATED
QUANTITY
UNIT OF
MEASURE
UNIT
PRICE TOTAL
1 130000A Placement and Maintenance of Storm
Water Pollution Plan (SWPPP) 1 LS
2 120100A Project Identification Sign 2 EA
3 120000A Temporary Traffic Control 1 LS
4 389200 Cold Plane Asphalt Concrete Pavement 325 SQYD
5 389300 Remove Base and Surfacing 32 CY
6 160110 Temporary High-Visibility Fence 2,220 LF
7 160111A Temporary High-Visibility Staking 380 LF
8 170103 Clearing and Grubbing 1 LS
9 198050 Roadway Embankment 1,380 CY
10 190151 Channel Excavation 17,625 CY
11 390132 Hot Mix Asphalt (Type A) 663 TON
12 260203 Class 2 Aggregate Base 8 CY
13 510502 Minor Concrete (Minor Structure) 171 CY
14 723080 Rock Slope Protection (60 lb, Class II,
Method B) (CY) 3,275 CY
15 723070 Rock Slope Protection (150 lb, Class III,
Method B) (CY) 164 CY
16 723150 Concreted-Rock Slope Protection (1/2
T, Class VII, Method A) (CY) 2,820 CY
17 723170 Concreted-Rock Slope Protection (150
lb, Class III, Method B) (CY) 3,095 CY
18 723215 Concreted-Rock Slope Protection (1/4
T, Class V, Method B) (CY) 4,220 CY
19 731521 Minor Concrete (Sidewalk) 245 SQYD
20 731516 Minor Concrete (Driveway) 74 SQYD
21 650014 18" Reinforced Concrete Pipe 213 LF
22 650018 24" Reinforced Concrete Pipe 195 LF
23 710237A Headwall Wing - Type 1 EA
24 710246A Type A Catch Basin 3 EA
25 710252A Storm Drain Cleanout Type A7 1 EA
26 710253A Manhole 1 EA
27 750001 Miscellaneous Iron and Steel 1,775 LB
28 729011 Rock Slope Protection Fabric (Class 8) 10,300 SQYD 29 650022 30" Reinforced Concrete Pipe 26 LF
30 650026 36" Reinforced Concrete Pipe 26 LF
31 192003 Structure Excavation (Bridge) 206 CY
32 193003 Structure Backfill (Bridge) 134 CY
33 490528 Furnish Steel Piling (HP 14 x 89) 1,042 LF
34 490529 Drive Steel Pile (HP 14 x 89) 24 EA
35 500001 Prestressing Cast-In-Place Concrete 1 LS
36 510053 Structural Concrete, Bridge 150 CY
37 510054 Structural Concrete, Bridge (Polymer
Fiber) 279 CY
Technical Specifications
ITEM
NO
BID
ITEM
CODE
ITEM DESCRIPTION ESTIMATED
QUANTITY
UNIT OF
MEASURE
UNIT
PRICE TOTAL
38 520102 Bar Reinforcing Steel (Bridge) 81,531 LB
39 833088 Tubular Handrailing 195 LF
40 839719 Concrete Barrier (Type 732SW) 98 LF
41 839741 Concrete Barrier (Type 836) 98 LF
42 731504 Minor Concrete (Curb and Gutter) 29 CY
43 394073 Place Asphalt Concrete Dike 360 LF
44 803060 Remove Gate 4 EA
45 840000A Signing and Striping 1 LS
46 800360 Fence (Type CL-6) 400 LF
47 802620 16' Chain Link Gate (Type CL-6) 2 EA
48 999990 Mobilization (10%) 1 LS
Technical Specifications
ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.
Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.
Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.01:
Bid Items and Applicable Sections
Item
code
Item description Applicable
section
130000A Placement and Maintenance of Storm Water Pollution Plan (SWPPP) 13 120100A Project Identification Sign 12
120000A Temporary Traffic Control 12
160111A Temporary High-Visibility Staking 13, 16
710237A Headwall Wing – Type 51, 52, 75
710246A Type A Catch Basin 51, 52, 75
710252A Storm Drain Cleanout Type A7 51, 52, 75
710253A Manhole 51, 52, 75
840000A Signing and Striping 82 & 84
999990 Mobilization (10%) 9
Add to section 1-1.09:
This project is in a freeze-thaw area.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Technical Specifications
2 BIDDING
Add between the 1st and 2nd paragraphs of section 2-1.06B:
The Department makes the following supplemental project information available:
Supplemental Project Information
Means Description
Included in the Information Handout
1) CDFW 1602 Streambed Alteration Agreement
2) MS4 General Construction Permit
Available as specified in the Standard
Specifications
1) Bridge as-built Drawings
Included with the project plans 1) Log of Test Borings
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
5 CONTROL OF WORK
Add between the 2nd and 3rd paragraphs of section 5-1.36C(3):
Installation of the utilities shown in the following table requires coordination with your activities. Make the necessary arrangements with the utility company through the Engineer and submit a schedule:
1. Verified by a representative of the utility company
2. Allowing at least the time shown for the utility owner to complete its work Utility Relocation and Contractor-Arranged Time for the Relocation Utility Utility address Location Working days
Twentynine Palms
Water District
72401 Hatch Road
Twentynine Palms, CA
92277
Split Rock Ave 15
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
6 CONTROL OF MATERIALS
Technical Specifications
Add to section 6-1.03:
6-1.03B Submittals
6-1.03B(1) General
Not Used
6-1.03B(2) Work Plan
For local material, such as rock, gravel, earth, structure backfill, pervious backfill, imported borrow, and culvert bedding, obtained from a (1) noncommercial source, or (2) source not regulated under California jurisdiction, submit a local material plan for each material at least 60 days before placing the material. The local material plan must include:
1. Certification signed by you and an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
I am aware local material from a noncommercial source or a source not regulated under CA jurisdiction must be sampled and analyzed for pH and lead and may require sampling and analysis under section 6-1.03B(3) for other constituents of concern based on the land use history. I am aware that local material sources must not contain ADL at concentrations greater than 80 mg/kg total lead or equal to or greater than 5 mg/L soluble lead as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II. I am aware that a maximum quantity of material may be excavated at the site based on the minimum number of samples taken before excavating at the site under section 6-1.03B(3).
2. Land use history of the local material location and surrounding property
3. Sampling protocol
4. Number of samples per volume of local material
5. QA and QC requirements and procedures
6. Qualifications of sampling personnel
7. Stockpile history
8. Name and address of the analytical laboratory that will perform the chemical analyses
9. Analyses that will be performed for lead and pH
10. Other analyses that will be performed for possible hazardous constituents based on:
10.1. Source property history
10.2. Land use adjacent to source property
10.3. Constituents of concern in the ground water basin where the job site is located The plan must be sealed and signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State.
If the plan requires revisions, the Engineer provides comments. Submit a revised plan within 7 days of receiving comments. Allow 7 days for the review.
6-1.03B(3) Analytical Test Results
At least 15 days before placing local material, submit analytical test results for each local material obtained from a noncommercial source or a source not regulated under CA jurisdiction. The analytical test results must include:
1. Certification signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
The analytical testing described in the local material plan has been performed. I performed a statistical analysis of the test results using the US EPA's ProUCL software with the applicable 95 percent upper confidence limit. I certify that the material from the local material source is suitable for unrestricted use at the job site, it has a pH above 5.0, does not contain soluble lead in concentrations equal to or greater than 5mg/l as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II, does not contain lead in concentrations above 80 mg/kg total lead, is free from all other contaminants identified in the
Technical Specifications
local material plan, and will comply with the job site's basin plan and water quality objectives of the RWQCB.
2. Chain of custody of samples
3. Analytical results no older than 1 year
4. Statistical analysis of the data using US EPA’s ProUCL software with a 95 percent upper confidence limit
5. Comparison of sample results to hazardous waste concentration thresholds and the RWQCB's basin plan requirements and water quality objectives for the job site location 6-1.03B(4) Sample and Analysis
Sample and analyze local material from a (1) noncommercial source or (2) source not regulated under CA jurisdiction:
1. Before bringing the local material to the job site
2. As described in the local material plan
3. Under US EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846) The sample collection must be designed to generate a data set representative of the entire volume of proposed local material.
Before excavating at the (1) noncommercial material source or (2) a source not regulated under CA jurisdiction, collect the minimum number of samples and perform the minimum number of analytical tests for the corresponding maximum volume of local material as shown in the following table:
Minimum Number of Samples and Analytical Tests for Local Material Maximum volume of imported borrow
(cu yd) Minimum number of samples and analytical tests
< 5,000 8
5,000–10,000 12 for the first 5,000 cu yd plus 1 for each additional 1,000 cu yd or portion thereof
10,000–20,000 17 for the first 10,000 cu yd plus 1 for each additional 2,500 cu yd or portion thereof
20,000-40,000 21 for the first 20,000 cu yd plus 1 for each additional 5,000 cu yd or portion thereof
40,000–80,000 25 for the first 40,000 cu yd plus 1 for each additional 10,000 cu yd or portion thereof
> 80,000 29 for the first 80,000 cu yd plus 1 for each additional 20,000 cu yd or portion thereof
Do not collect composite samples or mix individual samples to form a composite sample.
Analyze the samples using the US EPA's ProUCL software with a 95 percent upper confidence limit. All chemical analysis must be performed by a laboratory certified by the SWRCB's Environmental Laboratory Accreditation Program (ELAP).
The analytical test results must demonstrate that the local material:
1. Is not a hazardous waste
2. Has a pH above 5.0
3. Has an average total lead concentration, based upon the 95 percent upper confidence limit, at or below 80 mg/kg
4. Is free of possible contaminants identified in the local material plan
5. Complies with the RWQCB's basin plan for the job site location 6 Complies with the RWQCB's water quality objectives for the job site location
Technical Specifications
6-1.03C Local Material Management
Do not place local material until authorized.
If the Engineer determines the appearance, odor, or texture of any delivered local material suggests possible contamination, sample and analyze the material. The sampling and analysis is change order work unless (1) hazardous waste is discovered or (2) the analytical test results indicate the material does not comply with section 6-1.03B(3).
Dispose of noncompliant local material at an appropriately permitted CA Class I, CA Class II or CA Class III facility. You are the generator of noncompliant local material. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Replace section 12-3.11B(5)(a) with:
12-3.11B(5)(a) General
Provide two C47A(CA) and two C47B(CA) project funding identification signs.
Add between the 9th and 10th paragraphs of section 12-3.32C:
Start displaying the message on the sign 60 minutes before closing the lane or shoulder or when directed by the Engineer.
Replace section 12-4.02C(3)(d) with:
12-4.02C(3)(d) City Street Closure Requirements
You may completely close Split Rock Avenue during work hours for falsework installation and removal and girder erection. When Split Rock Avenue is completely closed, detour traffic as shown on the traffic handling plans.
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13 WATER POLLUTION CONTROL
Technical Specifications
Delete items 4, 5, and 7 in the list in the last paragraph of section 13-1.03C.
Add to the end of section 13-3.01A:
This project's risk level is __1__.
Add between the 4th and 5th paragraphs of section 13-3.01C(2)(a):
The following RWQCB will review the authorized SWPPP:
1. Colorado River Basin
Replace section 13-3.01D(2) with:
13-3.01D(2) Regulatory Requirements
Discharges of stormwater from the job site must comply with the permit issued by the Colorado River Basin RWQCB for National Pollutant Discharge Elimination System (NPDES) Permit MS4, Permit No. 99- 06-DWQ. The Colorado River Basin RWQCB permit governs stormwater and nonstormwater discharges resulting from construction activities at the job site. The Colorado River Basin RWQCB permit may be viewed at 73-720 Fred Waring Drive, Suite 100 Palm Desert, CA 92260.
Replace section 13-12 with:
13-12 TEMPORARY CHANNEL DIVERSION SYSTEMS
13-12.01 GENERAL
13-12.01A Summary
Section 13-12 includes specifications for constructing, maintaining, reconstructing, and removing temporary channel diversion system (TCDS), and restoring channel bed to original condition. The temporary diversion system is used to divert upstream water flows to allow construction in a dry or dewatered location.
Technical Specifications
13-12.01B Definitions
Not Used
13-12.01C Submittals
13-12.01C(1) General
Not Used
13-12.01C(2) Temporary Creek Diversion System Plan
Within 20 days of Contract approval, submit 3 copies of the Temporary Channel Diversion System Plan (TCDSP). The TCDSP must include:
1. Installation and removal process, including equipment, platforms for equipment, and access locations.
2. Anticipated flow rates.
3. Calculations supporting the sizing of piping, channels, pumps, or other conveyance by using FHWA HY-8 or other equivalent method. Calculate the discharge water flow rate and velocity anticipated where it discharges on any erodible surface, so its conveyance does not cause erosion within the project or at the discharge to the water body. Temporary culverts attached to banks, walls, or other locations must be designed to hold the full weight of the culvert at capacity and restrain the culvert for any expected hydraulic forces.
4. Plans showing locations of diversion, including layouts, cross sections, and elevations.
5. Materials proposed for use, including SDS if applicable.
6. Operation and maintenance procedures for the TCDS.
7. Restoration plans showing before and after conditions, including photos of existing conditions for areas disturbed during the installation, operation, and removal of the TCDS.
8. Monitoring and reporting plan to ensure applicable water quality objectives are met. This includes schedule of work including Temporary BMP implementation as part of the Construction Site BMP strategy, and SWPPP or WPCP as applicable. Use with section 13-3.01A.
9. Details of the pumping system, if used, including power source, debris handling, fish screens, and monitoring requirements.
10 The TCDS design must demonstrate how it will comply with section 13-12.03A, water tightness, and prevent seepage.
11. Contingency plan to remove workers, equipment, materials, fuels, and any other work items that will cause pollution or violation of PLACs during a rain event out of the flow area. Develop the contingency plan for when a 12-inch freeboard cannot be maintained and overtopping of the coffer dams may occur.
12. Fish passage plan, following the Caltrans Fish Passage Design for Road Crossings, CA Department of Fish and Wildlife (CDFW), CA Salmonid Stream Habitat Restoration Manual, and National Marine Fisheries Service (NMFS), Guidelines for Salmonid Passage at Stream Crossings, as required by the applicable PLACs.
If revisions are required, the Engineer notifies you of the date when the review stopped and provides comments. Submit a revised TCDSP within 15 days of receiving the comments. The City's review resumes when a complete TCDSP has been resubmitted.
Submit an electronic copy on a read-only CD, DVD, or other Engineer-authorized data storage device and 4 printed copies of the authorized TCDSP.
If the RWQCB or other regulatory agency requires review of the authorized TCDSP, the Engineer submits it to the RWQCB for review and comment. If the Engineer orders changes to the TCDSP based on the RWQCB's comments, submit a revised TCDSP within 10 days.
All submittals which include plans, specifications, and calculations must be sealed and signed by a civil engineer registered in the State.
13-12.01D Quality Assurance
Not Used
Technical Specifications
13-12.02 MATERIALS
13-12.02A General
Not Used
13-12.02B Gravel
Gravel must:
1. Be river run gravel obtained from a river or creek bed with gradation of 100 percent passing a 3/4 inch sieve and 0 percent passing a 3/8 inch sieve
2. Be clean, hard, sound, durable, uniform in quality, and free of any detrimental quantity of soft, thin, elongated or laminated pieces, disintegrated material, organic matter, or other deleterious substances
3. Be composed entirely of particles that have no more than 1 fractured face
4. Have a cleanliness value of at least 85, as determined by California Test 227 13-12.02C Impermeable Plastic Membrane
Impermeable plastic membrane must be:
1. Single ply, commercial quality, polyethylene with a minimum thickness of 10 mils complying with ASTM D2103. You must use stronger plastic membrane if required as part of design to resist hydraulic forces.
2. Free of holes, punctures, tears or other defects that compromise the impermeability of the material.
3. Suitable for use as an impermeable membrane.
4. Resistant to UV light, retaining a minimum grab breaking load of 70 percent after 500 hours under ASTM D4355.
13-12.02D Gravel-Filled Bags
Gravel-filled bags must comply with section 13-5.02G.
The 2nd paragraph of section 13-5.02G does not apply.
13-12.02E Plastic Pipes
Plastic pipe must comply with section 61-3.01 and must:
1. Be clean, uncoated, in good condition free of rust, paint oil dirt or other residues that could potentially contribute to water pollution
2. Be adequately supported for planned loads
3. Use watertight joints under section 61-2.01.
4 Be made of a material or combination of materials that are suitable for clean water and which do not contain banned, hazardous or unlawful substances
5. For temporary pipes not reused on the project you may use the following materials:
5.1. PVC closed-profile wall pipe must comply with ASTM F1803
5.2. PVC solid wall pipe must comply with ASTM D3034, ASTM F679, AWWA C900, AWWA C905, or ASTM D2241 and cell class 12454 defined by ASTM D1784
5.3. HDPE solid wall pipe must comply with AASHTO M 326 and ASTM F714
5.4. Polyethylene large-diameter-profile wall sewer and drain pipe must comply with ASTM F894 13-12.02F Rock
Rock layer must comply with the table titled Rock Gradation for 7-inch-thick Layer in section 72-4.02. 13-12.02G Pumping System
Pumping system must:
1. Comply with section 74-2.02B
2. Be equipped with secondary containment
3. Be free of fuel and oil leaks
4. Meet intake screen regulatory requirements
Technical Specifications
13-12.02H Seepage Pumping System
If seepage occurs in the dewatered work area, the water must be removed by sump pumps as part of the TCDS.
Seepage pumping system must:
1. Comply with section 74-2.02B
2. Ensure discharge water is treated on site
3. Be free of fuel and oil leaks
13-12.02I Discharge Water Energy Dissipation and Erosion Control Discharge water from pumps, pipes, ditches, or other conveyances must have BMPs to dissipate the flows and velocity of water discharged from the temporary diversion system if erosion would otherwise occur.
Energy dissipation measures:
1. May be plastic sheeting, flared end sections, rubber matting, or other materials appropriate for the design hydraulics
2. Must be anchored to prevent movement by expected flows
3. Must be removed when the TCDS is removed
13-12.03 CONSTRUCTION
13-12.03A General
Do not use motorized equipment or vehicles in areas of flowing or standing water for the construction or removal of the TCDS in compliance with section 13-4.03.
Remove vegetation to ground level and clear away debris.
Do not construct or reconstruct TCDS if the 72-hour forecasts predict a 50 percent or greater chance of rain in the project area.
Stop allwork and remove all material and equipment from the channel between upstream and downstream cofferdams if the 72-hour forecasts predict a 50 percent or greater chance of rain in the project area and the predicted rainfall is estimated to produce a flow rate exceeding the design capacity of the TCDS.
If the required freeboard cannot be maintained and overtopping may occur, implement contingency plan to remove all workers, equipment, and potential sources of pollution from the dry working area of the channel bed.
The TCDS must be constructed within the temporary impact footprint as described in the environmental commitments.
Lap and join joints between the edges of impermeable plastic membrane with commercial-quality waterproof tape with minimum 4-inch lapping at the edges.
Seal openings or penetrations through the impermeable plastic membrane with commercial quality waterproof tape.
The TCDS must be water tight to keep the work area dry for construction and prevent the creation of pollutants. Maintain all portions of the TCDS and fix leaks as soon as they are discovered. 13-12.03B Maintenance
Maintain the TCDS to provide a minimum freeboard of 12 inches between the water surface and the impermeable top of the cofferdams.
Do not discharge runoff from existing or proposed drainage systems into the dry work area between the cofferdams. Runoff from these systems may be connected to the diversion pipe or conveyed by pipes downstream of the cofferdam.
Technical Specifications
Prevent leaks in the TCDS. Provide seepage pumps as necessary and keep the work area dry to prevent the creation of sediment-laden water.
Repair holes, rips and voids in the impermeable plastic membrane with commercial-quality waterproof tape. Replace impermeable plastic membrane when patches or repairs compromise the impermeability of the material.
Repair TCDS within 24 hours after the damage occurs.
Prevent debris from entering the TCDS and receiving water.
Remove and immediately replace gravel, gravel-filled bags, impermeable plastic membrane, or plastic pipes contaminated by construction activities.
Remove sediment deposits and debris from the TCDS as needed. If removed sediment is deposited within project limits, it must be stabilized and not subject to erosion by wind or water, under sections 19-
1.01 and 19-2.03 B.
13-12.03C Removal
When no longer required, remove all components of TCDS. Return the channel bed and banks to the original condition.
Do not excavate the native channel material. Backfill ground disturbance, including holes and depressions caused by the installation and removal of the TCDS with gravel. Maintain the original line and grade of the channel bed.
13-12.04 PAYMENT
Payment for Temporary Channel Diversion Systems is included in the payment for the item of work which it is made subsidiary. No additional payment will be provided. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
14 ENVIRONMENTAL STEWARDSHIP
Add to the end of section 14-1.02:
An ESA exists on this project.
Before starting job site activities, install ESA Fencing to protect the ESA and mark its boundaries.
Limited access to the ESA is allowed for biological monitoring. Notify the Engineer 3 business days or less before the planned entry date. Any other access to the ESA is prohibited.
Add to the 1st paragraph of section 14-6.03A:
This project is within or near habitat for the regulated species shown in the following table:
Technical Specifications
Regulated Species
Burrowing Owl
Desert Tortoise
Replace item 1 in the 2nd paragraph of section 14-6.03A with:
1. Stop all work within a ____-foot radius of the discovery except as shown in the following table:
Regulated species Protective radius (feet)
Burrowing Owl 500’
Desert Tortoise 500’
Replace the 2nd paragraph of section 14-6.03B with:
The Department anticipates nesting or attempted nesting by migratory and nongame birds from April 1st to October 15th.
Add to section 14-6.03D(1):
Within 30 days before starting job site activities, submit protocols for species protection surveys. Use protocols required in the PLACs.
Survey the job site for regulated species and submit a preconstruction survey report within 14 days before starting work.
The preconstruction survey report must include one of the following:
1. Detailed observations and locations where regulated species were observed
2. Statement that no regulated species were observed
Submit an initial monitoring report as an informational submittal within 12 hours after starting grounddisturbing activities.
Submit a biological resource incident report within 24 hours of the incident.
The incident report must include:
1. Description of any take of regulated species or any violation of a biological resource PLAC
2. Species name and number taken
3. Details of required notifications with contact information
4. Corrective actions proposed or taken
Technical Specifications
5. Disposition of taken species
Submit a final monitoring report no later than 30 days after completion of the project. If the report requires revisions, the Department provides comments. Submit a revised report within 7 days of receiving comments. The final monitoring report must be a cumulative report including:
1. Start and end dates of construction
2. Project impacts on the regulated species
3. Species protection measures and implementation details
4. Incidental take details, including species name, number taken, people contacted, contact information, and disposition of taken species
5. Assessment of the effectiveness of the species protection measures in mitigating project impacts
6. Recommendations for improving species protection measures Replace the 2nd paragraph of section 14-8.02 with:
Noise from job site activities must not exceed 86 dBA Lmax at 50 feet from the job site from 9 p.m. to 6 a.m., and the noise level produced by the traffic on or by the construction activity can’t exceed 52 dBA Leq interior noise levels in school facilities as defined under St & Hwy Code § 216.
See section 14-6.03A for additional noise level restrictions required by the permitting resource agencies.
The lowest noise level restrictions apply.
Add to section 14-8.02:
Add after the 2nd paragraph of section 14-11.12A:
This project includes removal of yellow painted traffic stripe that will produce hazardous waste residue.
Add after the 1st paragraph of 14-11.12E:
After the Engineer accepts the analytical test results, dispose of yellow thermoplastic and yellow paint hazardous waste residue at a Class 1 disposal facility located in California 30 days after accumulating 220 lb of residue.
If less than 220 lb of hazardous waste residue and dust is generated in total, dispose of it within 30 days after the start of accumulation of the residue.
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DIVISION III EARTHWORK AND LANDSCAPE
Technical Specifications
19 EARTHWORK
Add to the end of section 19-3.01A:
Structure backfill includes constructing the geocomposite drain system. The systems must comply with section 68-7.
Add to section 19-3.04:
Pervious backfill material placed within the limits of payment for bridges is paid for as structure backfill (bridge). Pervious backfill material placed within the limits of payment for retaining walls is paid for as structure backfill (retaining wall).
Add to the end of section 19-6.03A:
If an ordered change increases the quantity of excavation or decreases the quantity of embankment so that surplus excavation has to be disposed of, disposing of the surplus material is change order work.
If an ordered change either increases or decreases the quantity of borrow required to complete the planned embankments:
1. Supplying borrow to the job site is change order work.
2. Increase in embankment that requires an increase in borrow at the bid item price for embankment.
Agree with the Engineer on your payment method.
3. Increase in excavation that results in a decrease in borrow at the bid item price for excavation, but you must pay the Department the estimated cost of furnishing the quantity of the decrease in borrow, computed as if the work were performed on a force account basis. The Department deducts from sums due or that may become due you.
4. Department decrease the embankment quantity if there is a decrease in the borrow. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION V SURFACINGS AND PAVEMENTS
39 ASPHALT CONCRETE
Replace the 2nd paragraph of section 39-2.02A(1) with:
Add to section 39-2.02A(1):
Technical Specifications
Add to the table in the 1st paragraph of section 39-2.02A(4)(b)(ii):
Coarse durability indexe
, Dc AASHTO T 210 1 per 3,000 tons or 1 per paving day, whichever is greater
Fine durability index, Df AASHTO T 210 1 per 3,000 tons or 1 per paving day, whichever is greater
Sodium sulfate soundness
(max loss @ 5 cycles, %)f
AASHTO T 104 1 per project
ePerform this test if the aggregate source is in Lassen, Modoc, Siskiyou, or Shasta County. fPerform this test if the aggregate source is in Modoc, Siskiyou, or Shasta County. 25 Delete the row for For RAP Substitution equal to or less than 15% in the table in item 3 in the list in the paragraph of section 39-2.02A(4)(e).
Replace the row for For RAP Substitution greater than 15% in the table in item 3 in the list in the paragraph of section 39-2.02A(4)(e) with:
For RAP Substitution greater than 15%
Moisture susceptibility (max, psi, dry strength)
AASHTO T 283 300h
Replace footnote h for the table in item 3 in the list in the paragraph of section 39-2.02A(4)(e) with:
hNot required for the following areas in District 8:
1. Riverside County: Route 10, post mile 56.95 to 156.49; Route 111, post mile 0.00 to 28.53
2. San Bernardino County: Route 15, post mile 29.00 to 186.24; Route 40; Route 58; Route 138, post mile 0.00 to 15.20; Route 395
Technical Specifications
Replace the row for Moisture susceptibility (min, psi, wet strength) in the table in item 3 in the list in the paragraph of section 39-2.02A(4)(e) with:
Moisture susceptibility (min, tensile strength ratio) AASHTO T 283i 70 Delete the row for For RAP substitution equal to or less than 15% in the table in the 1st paragraph of section 39-2.02B(2).
Replace the row for For RAP substitution greater than 15% in the table in the 1st paragraph of section 39-2.02B(2) with:
For RAP Substitution greater than 15%
moisture susceptibility (max, psi, dry strength)
AASHTO T 283c
300e
Replace footnote e for the table in the 1st paragraph of section 39-2.02B(2) with:
eNot required for the following areas in District 8:
1. Riverside County: Route 10, post mile 56.95 to 156.49; Route 111, post mile 0.00 to 28.53
2. San Bernardino County: Route 15, post mile 29.00 to 186.24; Route 40; Route 58; Route 138, post mile 0.00 to 15.20; Route 395
Replace the row for Moisture susceptibility, wet strength in the table in the 1st paragraph of section 39-2.02B(2) with:
Moisture susceptibility (min, tensile strength ratio) AASHTO T 283c,d 70 Replace Reserved in section 39-2.02B(3) with:
The grade of asphalt binder for Type A HMA must be POG 64-28.
For Type A HMA using RAP substitution of greater than 15 percent of the aggregate blend, the virgin binder grade must comply with the PG binder grade specified above with 6 degrees C reduction in the upper and lower temperature classification.
For Type A HMA using RAP substitution of 15 percent or less of the aggregate blend, the grade of the virgin binder must comply with the PG binder grade specified above.
Technical Specifications
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DIVISION VI STRUCTURES
49 PILING
Add to section 49-1.03:
Expect difficult pile installation due to the conditions shown in the following table:
Pile location Conditions
Bridge no. Support location
Spilt Rock
Ave. Bridge Abutments 1 & 2 Dense to very dense coarse-grained soil
Add to section 49-2.01A(3)(a):
Before installing driven piles, submit a Pile and Driving Data Form for each pile type for each of the support locations or control zones shown in the following table:
Bridge no. Pile type
Support location or
control zone
Split Rock Ave
Bridge
HP 14 x89 Abutments 1 and 2
Technical Specifications
Ram Hammer
Anvil
Manufacturer:________________________ Model:______________ Type:____________________________Serial No.:______________ Min Rated Energy: _____ at ___ Length of Stroke ____ Fuel Setting Max Rated Energy: _____ at ___ Length of Stroke ____ Fuel Setting Ram Weight:________________________________________kips Modifications: ___________________________________________ _______________________________________________________ _______________________________________________________ Material:________________________________________________ Thickness:_______________in Area:____________________in2 Modulus of Elasticity - E:______________________________ksi Coefficient of Restitution - e:________________________________ Capblock
(Hammer
Cushion)
Structure Name :_____________________
__________________________________
Structure No.:_______________________
Dist./Co./Rte./Post Mi:________________
Contract No.:_________________________
Project:______________________________
Pile Driving Contractor or
Subcontractor_____________
____________________________________
(Pile Driven By)
CALIFORNIA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION LABORATORY
PILE AND DRIVING DATA FORM
DISTRIBUTE:
Translab,
Foundation Testing
Translab,
Geotechnical Design
Resident Engineer
Note: If mandrel or follower is used to drive the pile, attach separate manufacturer's detail sheet(s) including weight and dimensions.
Submitted By:____________________________________
Date:_________________Phone No.:_________________
Helmet
Bonnet
Anvil Block
Drivehead
Pile Cap Weight:_________________________________ kips
Material:_________________________________________________ Thickness:_______________in Area: ______________________in2 Modulus of Elasticity - E:_________________________________ksi Coefficient of Restitution - e:_________________________________ Pile Type:_________________________________________________ Length (In Leads):_________________________________________ft Lb/ft.:_________________________Taper:______________________ Wall Thickness:__________________________________________in Cross Sectional Area:_____________________________________ in2 Design Pile Capacity:_____________________________________kips Description of Splice:________________________________________ __________________________________________________________ Tip Treatment Description:____________________________________ __________________________________________________________ Cushion
Pile
Cushion
Pile
Technical Specifications
Add to section 49-2.01C(5):
If piles at Abutments 1 and 2 do not attain the nominal driving resistance at the specified tip elevation shown, the Engineer will select 2 piles or 10 percent of piles in the footing, whichever is greater, to stand 1 foot above specified cut-off elevation for a set period without driving. The set period must be at least 12 hours.
After the set period has elapsed, redrive the selected piles in the footing. Driving hammer must be warmed up before restrike begins by applying at least 20 blow counts to (1) another pile or (2) timber mats placed on the ground. Redriving consists of operating the driving hammer at full rated energy on the pile and calculating the nominal driving resistance of the pile.
If the nominal driving resistance is attained for each pile designated to be redriven, the remaining piles in that footing are considered satisfactory and further driving is not required. If redriving the designated piles demonstrates that the nominal driving resistance has not been attained, redrive all piles in the footing until the nominal driving resistance is attained.
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50 PRESTRESSING CONCRETE
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51 CONCRETE STRUCTURES
Add to section 51-1.01A:
Temporary Channel Diversion Systems must comply with Section 13-12 Add to section 51-1.01C(1):
If the methacrylate crack treatment is applied to a bridge deck within 100 feet of a residence, business, or public space, submit a public safety plan. Include with the submittal:
1. Copy of public notification letter with a list of delivery addresses and posting locations. The letter must describe the work to be performed and state the treatment work locations, dates, and times. Deliver copies of the letter to residences and businesses within 100 feet of the treatment work and to local fire and police officials, at least 7 days before starting treatment activities. Post a copy of the letter at the job site.
2. Airborne emissions monitoring plan. Plan must include monitoring point locations. A CIH certified in comprehensive practice by the American Board of Industrial Hygiene must prepare and execute the plan.
3. Action plan for protecting the public if levels of airborne emissions exceed permissible levels.
4. Copy of the CIH's certification.
Technical Specifications
After completing methacrylate crack treatment activities, submit results from monitoring production airborne emissions as an informational submittal.
Replace the 2nd paragraph of section 51-1.01C(1) with:
Submit a deck placement plan for concrete bridge decks. Include in the placement plan your method and equipment for ensuring that the concrete bridge deck is kept damp by misting immediately after finishing the concrete surface.
Replace section 51-1.01D(1) with:
51-1.01D(1) General
The job site must have at least 4 airborne emissions monitoring points, including the mixing point, application point, and point of nearest public contact. Monitor airborne emissions during methacrylate crack treatment activities.
Add to section 51-1.03C(2)(a):
Forms for circular voids in concrete slabs must (1) be watertight and constructed of an authorized material that does not break or deform during concrete placement, (2) not increase the span dead load and (3) be tied down to the falsework to prevent the voids from floating in the wet concrete or failing due to tie-downs spaced too far apart.
Replace the 1st paragraph of section 51-1.03F(5)(b)(i) with:
Except for bridge widenings, texture the bridge deck surfaces longitudinally by grinding and grooving. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
52 REINFORCEMENT
Add to section 52-2.01A(3):
52-2.01A(3)(c) Certificates
Submit a certificate of compliance for each shipment of dual-coated bar reinforcing steel. Include the following with the submittal:
1. Certification that the reinforcement complies with ASTM A1055
2. All certifications specified in ASTM A1055
Add to section 52-2.01B:
You may use dual-coated bar reinforcing steel complying with ASTM A1055 as an alternative to epoxycoated reinforcement or epoxy-coated prefabricated reinforcement. Bar reinforcing steel to be dualcoated must be deformed, Grade 60 bars complying with ASTM A706.
Dual-coated bar reinforcement must be the same bar size and must be placed at the same spacing as described for epoxy-coated reinforcement and epoxy-coated prefabricated reinforcement.
Add to section 52-2.01C:
Do not bend bar reinforcing steel complying with ASTM A1055 after coating application if used as an alternative to epoxy coated prefabricated reinforcement.
Technical Specifications
Job site and PC plant practices for substituted bar reinforcement must comply with appendix X1 of ASTM A1055, except replace "should" with "must."
Replace section 52-4 with:
52-4 ELECTRIC-RESISTANCE WELDED STIRRUPS FOR CONCRETE BARRIER REINFORCEMENT CAGES
52-4.01 GENERAL
52-4.01A Summary
Section 52-4 includes specifications for welding longitudinal support wire to stirrups using electricresistance welding (ERW) to partially fabricate reinforcing cages for concrete barriers.
Electric-resistance welded supports may be used only for concrete barrier stirrups on structures with uncoated reinforcement.
You may use ERW to weld support wire to no.5 reinforcing bars or smaller. The support wire must be W
6.5 or smaller.
52-4.01B Definitions
partially fabricated reinforcing cage: Stirrups for concrete barrier reinforcing cages held in position by welded longitudinal support wires.
lot: 150 count, or fraction thereof, of welds for each size of reinforcing bar and support wire and for each change to the welding equipment settings.
52-4.01C Submittals
52-4.01C(1) General
Not Used
52-4.01C(2) Certificate of Compliance
Submit a certificate of compliance for each shipment of partially fabricated cages. Include with the submittal:
1. Identification of each cage including lot numbers, welds traceable by welding clamp, and location tracking information.
2. Grade and size of welded reinforcement used for the stirrups and support wire.
3. For the reinforcing bar and support wire:
3.1. Heat number
3.2. Mill certificate
52-4.01C(3) Test Samples
Submit QA test samples to METS.
Include copies of certificates of compliance with the test samples. 52-4.01C(4) Welding Quality Control Plan
Submit 2 copies of a welding QC plan for each subcontractor or supplier performing ERW. The QC plan must include:
1. WPSs
2. Names and certifications of welding personnel, including qualifications for the QC Manager
3. Welding procedures including current setting, welding clamp force, weld time, and hold time for each size of reinforcement to be welded
4. Welding equipment manufacturer's operating instructions including the recommended calibration frequency of the welding equipment
5. Documentation of ERW equipment calibration
6. Fabricator's QC Process Control Manual
Technical Specifications
7. Method for identifying welds and tracking lots
For the contents, format, and organization required for a welding QC plan, go to the METS website. 52-4.01C(5) Shop Drawings
Submit shop drawings showing the stirrup positioning, welded connections of the support wire to the stirrups, and welding equipment layout. Allow 15 days for the Engineer's review. 52-4.01C(6) Prefabrication Test Results
Submit the prefabrication test results within 3 days of prefabrication testing. The prefabrication test results must include:
1. Contract number
2. Bridge number
3. Welds identified by welding clamp
4. Reinforcement and support wire sizes
5. Test specimen length
6. Physical condition of test samples
7. Notable defects
8. Ultimate tensile strength of each sample
9. Location of necking area of each sample
Allow 3 business days for the Engineer's review.
52-4.01C(7) Quality Control Test Reports
Submit a QC test report within 7 days of testing for each lot. The report must be prepared by the authorized laboratory performing the testing. The report must be signed by the QC manager. For each lot, the report must include:
1. Contract number
2. Bridge number
3. Lot numbers with welds identified by welding clamp
4. Installed location of completed cages
5. Reinforcement and support wire sizes
6. Cage types
7. Cage lengths
8. Test specimen length
9. Physical condition of test samples
10. Notable defects
11. Ultimate tensile strength of each sample
12. Location of necking area of each test sample
Allow 3 business days for the Engineer's review.
52-4.01D Quality Assurance
52-4.01D(1) General
Provide a welding QC manager. The QC manager must be registered as a civil engineer in the State or currently certified as a CWI.
52-4.01D(2) Prewelding Meeting
Before submitting a welding QC plan, hold a prewelding meeting to discuss the work and the requirements for the welding QC plan. The meeting attendees must include the Engineer, your welding QC manager, and a representative from each entity performing welding or welding inspection. 52-4.01D(3) Test Samples
Samples must be a minimum length of 4 feet of bar reinforcing steel with a support wire welded at midpoint. You may furnish shorter length samples if authorized.
Technical Specifications
Prepare the samples using the same materials, procedures, equipment, and equipment settings used in the work.
The welding clamps that produce the samples are determined by the Engineer.
Prepare QC test samples and the Department acceptance test samples concurrently:
1. During fabrication of samples representing the 1st lot
2. From 1 of every 5 subsequent lots, or fraction thereof, randomly selected by the Engineer After receiving notification that lots are ready for QC testing, the Engineer (1) randomly selects test samples to represent each lot and (2) places tamper-proof markings or seals on the test samples.
Before transporting test samples to an authorized laboratory and METS:
1. Securely bundle and package the test samples for each test in a way that preserves their condition during transportation
2. Identify each test sample by lot number and Contract number using weatherproof markings
3. Attach a completed Sample Identification Card to each bundle If a sample show signs of tampering before testing, the sample is rejected. 52-4.01D(4) Quality Control
52-4.01D(4)(a) General
Test the samples for tensile strength under California Test 670, Section E, Part III, Tensile Test.
Tensile testing must be performed by an authorized laboratory. The laboratory must be on the Authorized Laboratories List for testing reinforcing steel splices. 52-4.01D(4)(b) Prefabrication Testing
Before the start of fabrication of production cages, prepare 4 samples from each welding clamp.
Notify the Engineer at least 5 business days before fabricating the samples.
If 3 or more of the 4 samples from each welding clamp attain the specified minimum tensile strength, the Department accepts the prefabrication test results.
If 2 of the 4 samples attain the specified minimum tensile strength, determine the cause of the failure and take corrective action as specified in section 52-4.01D(4)(c). Fabricate 4 additional samples from the clamp that produced the noncompliant samples and perform tensile tests until at least 3 of the 4 samples attain the specified minimum tensile strength.
Do not start fabrication of production cages until the Department accepts the test results. 52-4.01D(4)(c) Fabrication Testing
During fabrication of production cages, for each lot prepare 8 test samples.
At least 5 business days before performing fabrication testing, notify the Engineer of:
1. Date of the testing
2. Location of the authorized laboratory where the tests will be conducted
3. Number of lots to be tested
Do not perform tests on test samples from bundles containing fewer than 8 samples. Test 4 of the samples. The Engineer determines the samples to be tested.
If 3 or more of the 4 samples from a lot attain the specified minimum tensile strength, the Department accepts the lot.
Technical Specifications
If 2 of the 4 samples from a lot attain the specified minimum tensile strength, perform additional tests on the remaining samples. If any of the additional samples do not attain the specified minimum tensile strength, the Department rejects the lot.
If a lot is rejected, stop production until the following corrective actions have been performed:
1. QC manager reviews your QC process
2. You have prepared a welding rejection mitigation report describing:
2.1. Cause of the failure
2.2. Method used to identify the cause of failure
2.3. Identification of affected lots
2.4. Provisions for preventing similar failures in future lots
2.5. Procedure for repairing or replacing the welded connections in the rejected lot
3. Engineer has notified you that the welding rejection mitigation report is authorized 52-4.01D(5) Department Acceptance
The Department accepts lots based on your QC tension test results specified in section 52-4.01D(4)(c).
The Department performs tensile test on samples from the 1st lot and from 1 of every 5 subsequent lots, or fraction thereof, randomly selected by the Engineer.
If 3 or more of the 4 samples attain the specified minimum tensile strength, the Department accepts the lot.
If 2 of the 4 samples attain the specified minimum tensile strength, fabricate 4 additional samples using the same materials and welding machine settings as the noncompliant lot. If any of the 4 additional samples do not attain the minimum specified tensile strength, the Department rejects the lot.
If QC and Department acceptance testing results have different compliance determinations, the Department will perform QA testing for all subsequent lots until QC testing and the Department testing are consistent for 2 consecutive lots before resuming testing for 1 of every 5 lots, or fraction thereof, as determined by the Engineer.
52-4.02 MATERIALS
52-4.02A General
Reinforcing bars must comply with ASTM A706, Grade 60.
Support wire must comply with the specifications for plain wire in ASTM A1064.
The tensile strength of reinforcing bars with the support wire welded to the bar must be at least 80,000 psi.
52-4.02B Fabrication
Perform ERW at a fabrication shop using computer-controlled equipment.
Weld the support wire to the stirrups. The stirrups must be positioned as shown. The support wire must be capable of maintaining the dimensions, position, and shape of the stirrups until the cage is complete. 52-4.03 CONSTRUCTION
Provide bracing to avoid collapse of the cage during assembly, transportation, and placement as needed.
Field tack welding of support wire to reinforcement is not allowed.
Wiring longitudinal reinforcement at each stirrup intersection is not required. 52-4.04 PAYMENT
Not Used
Technical Specifications
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
71 EXISTING DRAINAGE FACILITIES
Add to section 71-2.03:
If asbestos containing materials (ACM) are identified at the Work Site, Work shall immediately stop in the affected area and the Engineer shall be notified unless the Contract Documents show the presence of such materials.
Adequate care shall be taken to maintain the materials in a non-friable state. You shall be responsible for the ACM removal and the associated contamination clean-up resulting from improper handling.
Asbestos Cement Pipe (ACP) shall be removed in whole sections were possible. The following requirements shall be complied with for ACP that is to be cut or broken:
a) Evacuate the area of unauthorized personnel, post warning signs, and provide adequate barriers to keep unauthorized personnel out of the area.
b) Provide the workers performing the cutting or breaking of asbestos material with personal protective equipment in compliance with respiratory protection requirements of EPA or Title 8, §5144 (whichever is more stringent) as applicable to the Work. c) Cutting or breaking of asbestos material to facilitate removal shall be in compliance with California Regulations, Title 8, §1529. Cutting of ACP shall only be performed using a hydraulic snap cutting method. All powered and hand operated saws shall not be allowed. d) If a collar needs to be broken to remove whole ACP sections, a wet cloth shall be placed on the collar and water shall be used throughout the process to wet the collar. Minimal force shall be used to break it into as few large pieces as possible. Areas to be cut or broken shall be adequately wetted with amended water to reduce fiber emission. The cutting and removal method shall minimize fiber release. Related debris from the cutting or breaking of asbestos material shall be considered friable.
e) ACP shall be wrapped in 6 mil (150µm) polyethylene sheeting or bags, sealed with appropriate tape, and properly labeled and removed away from the construction area to prevent damage. f) The wrapped and sealed ACP shall be transported to a designated secure disposal bin on the Site no later than the end of each Working Day. The bin shall be lockable or located within a secure construction area.
g) You shall comply with local landfill acceptance criteria for hazardous materials. h) You shall be responsible for providing your own certification of non-friability. i) The Resident Engineer shall be provided notice a minimum of 5 Working Days prior to the transportation of ACP disposal bins or friable asbestos waste. j) Friable asbestos wastes are regulated as hazardous waste (California Code of Regulations, Title 22, Division 4.5, Chapter 11, Article 3, §66261.24) and shall be transported by a licensed hazardous waste hauler and disposed of at an appropriate landfill. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 SLOPE PROTECTION
Add to section 72-3.03E:
Full grout concrete penetration depth must equal the thickness of the top-most layer of rock slope protection.
Technical Specifications
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
73 CONCRETE CURBS AND SIDEWALKS
Add to section 73-1.02A:
Concrete must be minor concrete complying with section 90-2 and may contain returned plastic concrete complying with section 90-9.
Add to section 73-3.01C:
Within 2 business days of completing the surveys, submit preconstruction and post-construction surveys sealed and signed by one of the following:
1. Land surveyor licensed in the State
2. Engineer who is registered as a civil engineer in the State Replace Reserved in section 73-3.01D(3) with:
For locations shown, perform a preconstruction survey to ensure forms and job site constraints will allow for compliance with required design dimensions and slopes shown. Upon completing the work, perform a post-construction survey to verify design dimensions and slopes requirements are met. The postconstruction survey must include a minimum of 3 measurements for each dimension and slope requirement shown. Individual measurements must be equally distributed across the specified slope or dimensional surface. Document and submit these measurements on the Americans with Disabilities Act Compliance Inspection Report form for the facility type shown. Include the equipment and control used to conduct the survey.
Add to the beginning of section 73-3.03:
Before placing concrete, verify that forms and job site constraints allow the required dimensioning and slopes shown. Immediately notify the Engineer if you encounter job site conditions that will not accommodate the design details. Ordered modifications are change order work. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Replace section 84-9.03B with:
84-9.03B Remove Traffic Stripes and Pavement Markings Containing Lead Residue from the removal of painted or thermoplastic traffic stripes and pavement markings contains lead from the paint or thermoplastic. The average lead concentrations are less than 1,000 mg/kg total lead and 5 mg/L soluble lead. This residue:
1. Is a nonhazardous waste
2. Does not contain heavy metals in concentrations exceeding the thresholds established by the Health and Safety Code and 22 CA Code of Regs
Technical Specifications
3. Is not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 USC § 6901 et seq.
Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan.
Submit a lead compliance plan under section 7-1.02K(6)(j)(ii).
Payment for a lead compliance plan is not included in the payment for existing facilities work.
Payment for handling, removal, and disposal of pavement residue that is a nonhazardous waste is included in the payment for the type of removal work involved. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION XI MATERIALS
90 CONCRETE
Add to section 90-1.02H:
Concrete at Abutments 1 and 2, including wingwalls, is in a corrosive environment.
For concrete at Abutments 1 and 2, including wingwalls, the ratio of the quantity of free water to the quantity of cementitious material must not exceed 0.40.
Add to section 90-1.02I(2)(a):
For concrete at Split Rock Avenue Bridge, the mortar strength of the fine aggregate relative to the mortar strength of Ottawa sand must be a minimum of 100 percent under California Test 515. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
96 GEOSYNTHETICS
Add to section 96-1.02B:
Filter fabric for abutments and wingwalls must be Class A. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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PLANS AND DRAWINGS
THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
Project Plans For Construction on
Split Rock Avenue
in San Bernardino County
in Twentynine Palms
Split Rock Avenue Bridge
to be supplemented by standard plans dated 2023
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ATTACHMENT A
STATE AND FEDERAL FUNDING DOCUMENTS AND RELATED AGREEMENTS
1. Exhibit 15-G Construction Contract DBE Commitment
2. Exhibit 15-H DBE Information – Good Faith Efforts
3. FHWA-1273
4. Federal Wage Rates
I
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:
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
10. Bid 12. DBE 14. DBE 11. Description of Work, Service, or Materials 13. DBE Contact Information Item Certification Dollar Supplied (Must be certified on the date bids are opened) Number Number Amount Local Agency to Complete this Section upon Execution of Award
21. Local Agency Contract Number: 15. TOTAL CLAIMED DBE PARTICIPATION
22. Federal-Aid Project Number:
%
23. Bid Opening Date:
24. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit,
25. Award Amount: ________________________________________________________ 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 Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate. each listed DBE is required.
26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date
28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone
30. Local Agency Representative's Title 20. 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.
LPP 18-01 Page 1 of 3
January 2019
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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
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 Location - Enter the project location(s) as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
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. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
13. 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.
14. 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.
15. 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).
16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.
17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.
18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.
19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION
21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).
23. Bid Opening Date - Enter the date contract bids were opened.
24. Contract Award Date - Enter the date the contract was executed.
25. Award Amount – Enter the contract award amount as stated in the executed contract.
26. 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.
27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.
29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
LPP 18-01 Page 2 of 3
January 2019
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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.
LPP 18-01 Page 3 of 3
January 2019
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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
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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
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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
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1 FHWA-1273 -- Revised July 5, 2022
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 designbuild 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.
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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 - 217 -
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 nonresponsible. 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:
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4 (1) The number and work hours of minority and nonminority 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 nonminority 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 FHWA1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
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5 (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
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6 subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
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