in which assistance is located in the following order of priority (where feasible).
a. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project; and
b. YouthBuild programs.
E. Contractors, Subcontractor and every Sub-tier will provide a Self-Certification Section 3 Worker and Targeted Worker Eligibility Form for qualified Section 3 worker and Targeted Section 3 workers as defined in 24 CFR Part 75. For the purpose of Section 3 worker eligibility, the Contractor, Subcontractor and sub-tier will use the individual income to determine eligibility. The income limits will be determined annually using the guideline published at
https://www.huduser.gov/portal/datasets/il.html.
F. In the event Section 3 covered projects include multiple sources of funds, including public housing financial assistance and housing and community development assistance, the Contractor, Subcontractor and Sub-tier may be required to follow the definition of Section 3 worker and Targeted Section 3 worker as defined in subpart B or subpart C of 24 CFR Part 75.
G. Contractors, Subcontractor and every Sub-tier that feel that they meet the Section 3 business requirements may self-register in the HUD Business Registry, here:
http://www.hud.gov/Sec3Biz. Business may seek Section 3 business concern preference by demonstrating that it meets one or more of the following criteria:
1. At least 51 percent of the business is owned and controlled by low-or very lowincome persons; or
2. At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing; or
3. Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers.
H. Contractor, Subcontractor and every Sub-tier agree to collect, at the time of bid/proposal, a Self-Certification Section 3 Business Concern Eligibility form from any business that seeks a Section 3 preference and that meets the Section 3 business criteria as described above and in 24 CFR Part 75.
I. Contractors, Subcontractor and every Sub-tier will incorporate the Section 3 language in all Section 3 covered contracts or agreements to ensure contractors meet the requirements of 24 CFR Part 75.
J. Contractors agree to submit a Section 3 Cumulative Report monthly, annually and upon the completion of a project. Monthly reporting will need to be submitted at the beginning of each month for the preceding month. Additionally, reporting shall be submitted on an annual basis and at the end of each project.
61561 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations 3051 (42 U.S.C. 14043e et seq.); E.O. 13279,
67 FR 77141, 3 CFR, 2002 Comp., p. 258; and
E.O. 13559, 75 FR 71319, 3 CFR 2010 Comp.,
p. 273.
§ 5.105 [Amended]
■ 2. Amend § 5.105(a) by removing ‘‘;
section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C.
1701u) and implementing regulations at
24 CFR part 135.’’
PART 14—IMPLEMENTATION OF THE
EQUAL ACCESS TO JUSTICE ACT IN
ADMINISTRATIVE PROCEEDINGS
■ 3. The authority for part 14 continues
to read as follows:
Authority: 5 U.S.C. 504(c)(1); 42 U.S.C.
3535(d).
§ 14.115 [Amended]
■ 4. Amend § 14.115 by removing and
reserving paragraph (a)(5).
■ 5. Add part 75 to read as follows:
PART 75—ECONOMIC
OPPORTUNITIES FOR LOW- AND
VERY LOW-INCOME PERSONS
Subpart A—General Provisions
Sec.
75.1 Purpose.
75.3 Applicability.
75.5 Definitions.
75.7 Requirements applicable to HUD
NOFAs for Section 3 covered programs.
Subpart B—Additional Provisions for Public
Housing Financial Assistance
75.9 Requirements.
75.11 Targeted Section 3 worker for public
housing financial assistance.
75.13 Section 3 safe harbor.
75.15 Reporting.
75.17 Contract provisions.
Subpart C—Additional Provisions for
Housing and Community Development
Financial Assistance
75.19 Requirements.
75.21 Targeted Section 3 worker for housing
and community developmentfinancial
assistance.
75.23 Section 3 safe harbor.
75.25 Reporting.
75.27 Contract provisions.
Subpart D—Provisions for Multiple Funding
Sources, Recordkeeping and Compliance
75.29 Multiple funding sources.
75.31 Recordkeeping.
75.33 Compliance.
Authority: 12 U.S.C. 1701u; 42 U.S.C.
3535(d).
Subpart A—General Provisions
§ 75.1 Purpose.
This part establishes the requirementsto
be followed to ensure the objectives of
Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C.
1701u) (Section 3) are met. The purpose
of Section 3 is to ensure that economic
opportunities, most importantly
employment, generated by certain HUD
financial assistance shall be directed to
low- and very low-income persons,
particularly those who are recipients of
government assistance for housing or
residents of the community in which the
Federal assistance is spent.
§ 75.3 Applicability.
(a) General applicability. Section 3
applies to public housing financial
assistance and Section 3 projects, as
follows:
(1) Public housing financial
assistance. Public housing financial
assistance means:
(i) Development assistance provided
pursuant to section 5 of the United States
Housing Act of 1937 (the 1937Act);
(ii) Operations and management
assistance provided pursuant to section
9(e) of the 1937 Act;
(iii) Development, modernization, and
management assistance provided pursuant
to section 9(d) of the 1937 Act;and
(iv) The entirety of a mixed-finance
development project as described in 24
CFR 905.604, regardless of whether the
project is fully or partially assisted with
public housing financial assistance as
defined in paragraphs (a)(1)(i) through
(iii) of this section.
(2) Section 3 projects. (i) Section 3
projects means housing rehabilitation,
housing construction, and other public
construction projects assisted under
HUD programs that provide housing and
community development financial
assistance when the total amount of
assistance to the project exceeds a
threshold of $200,000. The threshold is
$100,000 where the assistance is from
the Lead Hazard Control and Healthy
Homes programs, as authorized by
Sections 501 or 502 of the Housing and
Urban Development Act of 1970 (12
U.S.C. 1701z–1 or 1701z–2), the LeadBased Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential
Lead-Based Paint Hazard Reduction Act of
1992 (42 U.S.C. 4851et seq.). The project
is the site or sites together with any
building(s) and improvements located on
the site(s) thatare under common
ownership, management, and financing.
(ii) The Secretary must update the
thresholds provided in paragraph
(a)(2)(i) of this section not less than once
every 5 years based on a national
construction cost inflation factor through
Federal Register notice not subject to
public comment. When the Secretary finds
it is warranted to ensure
compliance with Section 3, the
Secretary may adjust, regardless of the
national construction cost factor, such
thresholds through Federal Register
notice, subject to public comment.
(iii) The requirements in this part
apply to an entire Section 3 project,
regardless of whether the project is fully
or partially assisted under HUD
programs that provide housing and
community development financial
assistance.
(b) Contracts for materials. Section 3
requirements do not apply to material
supply contracts.
(c) Indian and Tribal preferences.
Contracts, subcontracts, grants, or
subgrants subject to Section 7(b) of the
Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5307(b)) or subject to tribal preference
requirements as authorized under 101(k)
of the Native American Housing
Assistance and Self-Determination Act
(25 U.S.C. 4111(k)) must provide
preferences in employment, training,
and business opportunities to Indians
and Indian organizations, and are
therefore not subject to the requirements
of this part.
(d) Other HUD assistance and other
Federal assistance. Recipients that are
not subject to Section 3 are encouraged
to consider ways to support the purpose
of Section 3.
§ 75.5 Definitions.
The terms HUD, Public housing, and
Public Housing Agency (PHA) are
defined in 24 CFR part 5. The following
definitions also apply to this part:
1937 Act means the United States
Housing Act of 1937, 42 U.S.C. 1437 et
seq.
Contractor means any entity enteringinto a
contract with:
(1) A recipient to perform work in
connection with the expenditure of
public housing financial assistance or
for work in connection with a Section
3 project; or
(2) A subrecipient for work in
connection with a Section 3 project.
Labor hours means the number ofpaid
hours worked by persons on a Section
3 project or by persons employed with
funds that include public housing
financial assistance.
Low-income person means a person as
defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts
for the purchase of products and
materials, including, but not limitedto,
lumber, drywall, wiring, concrete, pipes,
toilets, sinks, carpets, and office supplies.
Professional services means nonconstruction services that require an
61562 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations advanced degree or professional licensing,
including, but not limited to, contracts for
legal services, financial consulting,
accounting services, environmental
assessment, architecturalservices, and
civil engineering services.
Public housing financial assistance
means assistance as defined in
§ 75.3(a)(1).
Public housing project is defined in24
CFR 905.108.
Recipient means any entity that receives
directly from HUD public housing financial
assistance or housingand community
development assistancethat funds
Section 3 projects, including,but not
limited to, any State, local government,
instrumentality, PHA, or other public
agency, public or private nonprofit
organization.
Section 3 means Section 3 of the Housing
and Urban Development Act of1968, as
amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1) A business concern meeting at
least one of the following criteria,
documented within the last six-month
period:
(i) It is at least 51 percent owned and
controlled by low- or very low-income
persons;
(ii) Over 75 percent of the labor hours
performed for the business over the prior
three-month period are performedby
Section 3 workers; or (iii) It is a business at least 51 percent owned and controlled by current public
housing residents or residents who
currently live in Section 8-assisted
housing.
(2) The status of a Section 3 business
concern shall not be negatively affectedby
a prior arrest or conviction of its owner(s)
or employees.
(3) Nothing in this part shall be
construed to require the contracting or
subcontracting of a Section 3 business
concern. Section 3 business concernsare
not exempt from meeting the
specifications of the contract.
Section 3 project means a project
defined in § 75.3(a)(2).
Section 3 worker means:
(1) Any worker who currently fits or
when hired within the past five years fit
at least one of the following categories,
as documented:
(i) The worker’s income for the
previous or annualized calendar year is
below the income limit established by
HUD.
(ii) The worker is employed by a
Section 3 business concern.
(iii) The worker is a YouthBuild
participant.
(2) The status of a Section 3 worker
shall not be negatively affected by a prior
arrest or conviction.
(3) Nothing in this part shall be
construed to require the employment of
someone who meets this definition of a
Section 3 worker. Section 3 workers are
not exempt from meeting the
qualifications of the position to be
filled.
Section 8-assisted housing refers to
housing receiving project-based rental
assistance or tenant-based assistance
under Section 8 of the 1937 Act.
Service area or the neighborhood of the
project means an area within one mile
of the Section 3 project or, if fewerthan
5,000 people live within one mile of a
Section 3 project, within a circle
centered on the Section 3 project that is
sufficient to encompass a population of
5,000 people according to the most
recent U.S. Census.
Small PHA means a public housing
authority that manages or operates fewer
than 250 public housing units.
Subcontractor means any entity thathas
a contract with a contractor to
undertake a portion of the contractor’s
obligation to perform work in
connection with the expenditure of
public housing financial assistance orfor
a Section 3 project.
Subrecipient has the meaning provided
in the applicable programregulations or
in 2 CFR 200.93.
Targeted Section 3 worker has the
meanings provided in §§ 75.11, 75.21, or
75.29, and does not exclude an
individual that has a prior arrest or
conviction.
Very low-income person means the
definition for this term set forth in
section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to
YouthBuild programs receiving
assistance under the Workforce
Innovation and Opportunity Act(29
U.S.C. 3226).
§ 75.7 Requirements applicable to HUD
NOFAs for Section 3 covered programs.
All notices of funding availability
(NOFAs) issued by HUD that announce
the availability of funding covered by
§ 75.3 will include notice that this partis
applicable to the funding and may
include, as appropriate for the specific
NOFA, points or bonus points for the
quality of Section 3 plans.
Subpart B—Additional Provisions for
Public Housing Financial Assistance
§ 75.9 Requirements.
(a) Employment and training. (1)
Consistent with existing Federal, state,
and local laws and regulations, PHAs or
other recipients receiving public
housing financial assistance, and their
contractors and subcontractors, must
make their best efforts to provide
employment and training opportunities
generated by the public housing
financial assistance to Section 3
workers.
(2) PHAs or other recipients, and their
contractors and subcontractors, must
make their best efforts described in
paragraph (a)(1) of this section in the
following order of priority:
(i) To residents of the public housing
projects for which the public housing
financial assistance is expended;
(ii) To residents of other public
housing projects managed by the PHA
that is providing the assistance or for
residents of Section 8-assisted housing
managed by the PHA;
(iii) To participants in YouthBuild
programs; and
(iv) To low- and very low-income
persons residing within the
metropolitan area (or nonmetropolitan
county) in which the assistance is
expended.
(b) Contracting. (1) Consistent with
existing Federal, state, and local laws
and regulations, PHAs and other
recipients of public housing financial
assistance, and their contractors and
subcontractors, must make their best
efforts to award contracts and
subcontracts to business concerns that
provide economic opportunities to
Section 3 workers.
(2) PHAs and other recipients, and
their contractors and subcontractors,
must make their best efforts described in
paragraph (b)(1) of this section in the
following order of priority:
(i) To Section 3 business concerns
that provide economic opportunities for
residents of the public housing projects
for which the assistance is provided;
(ii) To Section 3 business concerns
that provide economic opportunities for
residents of other public housing
projects or Section-8 assisted housing
managed by the PHA that is providing
the assistance;
(iii) To YouthBuild programs; and
(iv) To Section 3 business concerns
that provide economic opportunities to
Section 3 workers residing within the
metropolitan area (or nonmetropolitan
county) in which the assistance is
provided.
§ 75.11 Targeted Section 3 worker for
public housing financial assistance.
(a) Targeted Section 3 worker. A
Targeted Section 3 worker for public
housing financial assistance means a
Section 3 worker who is:
(1) A worker employed by a Section
3 business concern; or
(2) A worker who currently fits or
when hired fit at least one of the
following categories, as documented
within the past five years:
(i) A resident of public housing or
Section 8-assisted housing;
61563 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations (ii) A resident of other public housing
projects or Section 8-assisted housing
managed by the PHA that is providing
the assistance; or (iii) A YouthBuild participant.
(b) [Reserved]
§ 75.13 Section 3 safe harbor.
(a) General. PHAs and other
recipients will be considered to have
complied with requirements in this part,
in the absence of evidence to the
contrary, if they:
(1) Certify that they have followed the
prioritization of effort in § 75.9; and
(2) Meet or exceed the applicable
Section 3 benchmarks as described in
paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD
will establish Section 3 benchmarks for
Section 3 workers or Targeted Section 3
workers or both through a document
published in the Federal Register. HUD
may establish a single nationwide
benchmark for Section 3 workers and a
single nationwide benchmark for
Targeted Section 3 workers, or may
establish multiple benchmarks based on
geography, the type of public housing
financial assistance, or other variables.
HUD will update the benchmarks through
a document published in the Federal
Register, subject to public comment, not
less frequently than once every 3 years.
Such notice shall include aggregate data
on labor hours and the proportion of
PHAs and other recipients meeting
benchmarks, as well as other metrics
reported pursuant to § 75.15 as deemed
appropriate by HUD, for the 3 most
recent reporting years.
(2) In establishing the Section 3
benchmarks, HUD may consider the
industry averages for labor hours
worked by specific categories of workers
or in different localities or regions;
averages for labor hours worked by
Section 3 workers and Targeted Section
3 workers as reported by recipients
pursuant to this section; and any other
factors HUD deems important. In
establishing the Section 3 benchmarks,
HUD will exclude professional services
from the total number of labor hours as
such hours are excluded from the total
number of labor hours to be reported per
§ 75.15(a)(4).
(3) Section 3 benchmarks will consist
of the following two ratios:
(i) The number of labor hours worked
by Section 3 workers divided by the
total number of labor hours worked by
all workers funded by public housing
financial assistance in the PHA’s or
other recipient’s fiscal year.
(ii) The number of labor hours worked
by Targeted Section 3 workers, as
defined in § 75.11(a), divided by the
total number of labor hours worked by
all workers funded by public housing
financial assistance in the PHA’s or
other recipient’s fiscal year.
§ 75.15 Reporting.
(a) Reporting of labor hours. (1) For
public housing financial assistance,
PHAs and other recipients must report
in a manner prescribed by HUD:
(i) The total number of labor hours
worked;
(ii) The total number of labor hours
worked by Section 3 workers; and
(iii) The total number of labor hours
worked by Targeted Section 3 workers.
(2) Section 3 workers’ and Targeted
Section 3 workers’ labor hours may be
counted for five years from when their
status as a Section 3 worker or Targeted
Section 3 worker is established pursuant
to § 75.31.
(3) The labor hours reported under
paragraph (a)(1) of this section must
include the total number of labor hours
worked with public housing financial
assistance in the fiscal year of the PHA or
other recipient, including labor hours
worked by any contractors and
subcontractors that the PHA or other
recipient is required, or elects pursuant
to paragraph (a)(4) of this section, to
report.
(4) PHAs and other recipients
reporting under this section, as well as
contractors and subcontractors who
report to PHAs and recipients, may report
labor hours by Section 3 workers, under
paragraph (a)(1)(ii) of this section,and
labor hours by Targeted Section 3
workers, under paragraph (a)(1)(iii) of
this section, from professional services
without including labor hours from
professional services in the total number
of labor hours worked under paragraph
(a)(1)(i) of this section. If a contract
covers both professional services and
other work and the PHA, other recipient,
contractor, or subcontractor chooses not
to report labor hours from professional
services, the labor hours under the
contract that are not from professional
services must still be reported.
(5) PHAs and other recipients may
report on the labor hours of the PHA, the
recipient, a contractor, or a subcontractor
based on the employer’s good faith
assessment of the labor hoursof a fulltime or part-time employee informed by the employer’s existing salary or time
and attendance based payroll systems,
unless the project or activity is otherwise
subject to requirements specifying time
and attendance reporting.
(b) Additional reporting if Section 3
benchmarks are not met. If the PHA’s or
other recipient’s reporting under
paragraph (a) of this section indicates
that the PHA or other recipient has not
met the Section 3 benchmarks described
in § 75.13, the PHA or other recipient
must report in a form prescribed by HUD
on the qualitative nature of its Section 3
compliance activities and those of its
contractors and subcontractors. Such
qualitative efforts may, for example,
include but are not limited to the
following:
(1) Engaged in outreach efforts to
generate job applicants who are
Targeted Section 3 workers.
(2) Provided training or
apprenticeship opportunities.
(3) Provided technical assistance to
help Section 3 workers compete for jobs
(e.g., resume assistance, coaching).
(4) Provided or connected Section 3
workers with assistance in seeking
employment including: drafting resumes,
preparing for interviews, andfinding job
opportunities connecting residents to job
placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3
workers to services supporting work
readiness and retention (e.g., work
readiness activities, interview clothing,
test fees, transportation, child care).
(7) Provided assistance to apply for/or
attend community college, a four-year
educational institution, or vocational/
technical training.
(8) Assisted Section 3 workers to
obtain financial literacy training and/or
coaching.
(9) Engaged in outreach efforts to
identify and secure bids from Section 3
business concerns.
(10) Provided technical assistance to
help Section 3 business concerns
understand and bid on contracts.
(11) Divided contracts into smaller
jobs to facilitate participation by Section
3 business concerns.
(12) Provided bonding assistance,
guaranties, or other efforts to support
viable bids from Section 3 business
concerns.
(13) Promoted use of business
registries designed to create
opportunities for disadvantaged and
small businesses.
(14) Outreach, engagement, or
referrals with the state one-stop systemas
defined in Section 121(e)(2) of the
Workforce Innovation and Opportunity
Act.
(c) Reporting frequency. Unless
otherwise provided, PHAs or other
recipients must report annually to HUD
under paragraph (a) of this section, and,
where required, under paragraph (b) of
this section, in a manner consistent with
reporting requirements for the
applicable HUD program.
(d) Reporting by Small PHAs. Small
PHAs may elect not to report under
61564 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations paragraph (a) of this section. Small PHAs
that make such election are required to
report on their qualitative efforts, as
described in paragraph (b) of this section,
in a manner consistent withreporting
requirements for the applicable HUD
program.
§ 75.17 Contract provisions.
(a) PHAs or other recipients must
include language in any agreement or
contract to apply Section 3 to
contractors.
(b) PHAs or other recipients must
require contractors to include language
in any contract or agreement to apply
Section 3 to subcontractors.
(c) PHAs or other recipients must
require all contractors and
subcontractors to meet the requirements
of § 75.9, regardless of whether Section
3 language is included in contracts.
Subpart C—Additional Provisions for
Housing and Community Development
Financial Assistance
§ 75.19 Requirements.
(a) Employment and training. (1) To
the greatest extent feasible, and
consistent with existing Federal, state,
and local laws and regulations,
recipients covered by this subpart shall
ensure that employment and training
opportunities arising in connection with
Section 3 projects are provided to
Section 3 workers within the
metropolitan area (or nonmetropolitan
county) in which the project is located.
(2) Where feasible, priority for
opportunities and training described in
paragraph (a)(1) of this section should
be given to:
(i) Section 3 workers residing within
the service area or the neighborhood of
the project, and
(ii) Participants in YouthBuild
programs.
(b) Contracting. (1) To the greatest
extent feasible, and consistent with
existing Federal, state, and local laws
and regulations, recipients covered by
this subpart shall ensure contracts for
work awarded in connection with
Section 3 projects are provided to
business concerns that provide
economic opportunities to Section 3
workers residing within the
metropolitan area (or nonmetropolitan
county) in which the project is located.
(2) Where feasible, priority for
contracting opportunities described in
paragraph (b)(1) of this section should
be given to:
(i) Section 3 business concerns that
provide economic opportunities to
Section 3 workers residing within the
service area or the neighborhood of the
project, and
(ii) YouthBuild programs.
§ 75.21 Targeted Section 3 worker forhousing
and community development financial
assistance.
(a) Targeted Section 3 worker. A
Targeted Section 3 worker for housing
and community development financial
assistance means a Section 3 worker
who is:
(1) A worker employed by a Section
3 business concern; or
(2) A worker who currently fits or
when hired fit at least one of the
following categories, as documented
within the past five years:
(i) Living within the service area or
the neighborhood of the project, asdefined
in § 75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§ 75.23 Section 3 safe harbor.
(a) General. Recipients will be
considered to have complied with
requirements in this part, in the absence
of evidence to the contrary if they:
(1) Certify that they have followed the
prioritization of effort in § 75.19; and
(2) Meet or exceed the applicable
Section 3 benchmark as described in
paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD
will establish Section 3 benchmarks for
Section 3 workers or Targeted Section 3
workers or both through a document
published in the Federal Register. HUD
may establish a single nationwide
benchmark for Section 3 workers and a
single nationwide benchmark for
Targeted Section 3 workers, or may
establish multiple benchmarks based on
geography, the nature of the Section 3
project, or other variables. HUD will
update the benchmarks through a
document published in the Federal
Register, subject to public comment, not
less frequently than once every 3 years.
Such notice shall include aggregate data
on labor hours and the proportion of
recipients meeting benchmarks, as well
as other metrics reported pursuant to
§ 75.25 as deemed appropriate by HUD,for
the 3 most recent reporting years.
(2) In establishing the Section 3
benchmarks, HUD may consider the
industry averages for labor hours worked
by specific categories of workersor in
different localities or regions; averages for
labor hours worked by Section 3 workers
and Targeted Section 3 workers as
reported by recipients pursuant to this
section; and any other factors HUD deems
important. In establishing the Section 3
benchmarks, HUD will exclude
professional services from the total
number of labor hours as such hours are
excluded from the total number of labor
hours to be reported per
§ 75.25(a)(4).
(3) Section 3 benchmarks will consist
of the following two ratios:
(i) The number of labor hours worked
by Section 3 workers divided by the total
number of labor hours worked by all
workers on a Section 3 project in the
recipient’s program year.
(ii) The number of labor hours worked
by Targeted Section 3 workers as defined
in § 75.21(a), divided by the total
number of labor hours worked by all
workers on a Section 3 project in the
recipient’s program year.
§ 75.25 Reporting.
(a) Reporting of labor hours. (1) For
Section 3 projects, recipients must
report in a manner prescribed by HUD:
(i) The total number of labor hours
worked;
(ii) The total number of labor hours
worked by Section 3 workers; and
(iii) The total number of labor hours
worked by Targeted Section 3 workers.
(2) Section 3 workers’ and Targeted
Section 3 workers’ labor hours may be
counted for five years from when their
status as a Section 3 worker or Targeted
Section 3 worker is established pursuant
to § 75.31.
(3) The labor hours reported under
paragraph (a)(1) of this section must
include the total number of labor hours
worked on a Section 3 project, including
labor hours worked by any subrecipients,
contractors and subcontractors that the
recipient is required, or elects pursuant
to paragraph (a)(4) of this section, to
report.
(4) Recipients reporting under this
section, as well as subrecipients,
contractors and subcontractors who
report to recipients, may report labor
hours by Section 3 workers, under
paragraph (a)(1)(ii) of this section, and
labor hours by Targeted Section 3
workers, under paragraph (a)(1)(iii) of
this section, from professional services
without including labor hours from
professional services in the total number
of labor hours worked under paragraph
(a)(1)(i) of this section. If a contract
covers both professional services and
other work and the recipient or contractor
or subcontractor chooses not to report
labor hours from professional services, the
labor hours under the contract that are
not from professional services must still
be reported. (5) Recipients may report their own
labor hours or that of a subrecipient,
contractor, or subcontractor based on the
employer’s good faith assessment ofthe
labor hours of a full-time or part- time
employee informed by the employer’s
existing salary or time and attendance
based payroll systems, unless the project
or activity is
61565 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations otherwise subject to requirements
specifying time and attendance
reporting.
(b) Additional reporting if Section 3
benchmarks are not met. If the
recipient’s reporting under paragraph (a)
of this section indicates that the
recipient has not met the Section 3
benchmarks described in § 75.23, the
recipient must report in a form
prescribed by HUD on the qualitative
nature of its activities and those its
contractors and subcontractors pursued.
Such qualitative efforts may, for
example, include but are not limited to
the following:
(1) Engaged in outreach efforts to
generate job applicants who are
Targeted Section 3 workers.
(2) Provided training or
apprenticeship opportunities.
(3) Provided technical assistance to
help Section 3 workers compete for jobs
(e.g., resume assistance, coaching).
(4) Provided or connected Section 3
workers with assistance in seeking
employment including: drafting
resumes, preparing for interviews, and
finding job opportunities connecting
residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3
workers to services supporting work
readiness and retention (e.g., work
readiness activities, interview clothing,
test fees, transportation, child care).
(7) Provided assistance to apply for/or
attend community college, a four-year
educational institution, or vocational/
technical training.
(8) Assisted Section 3 workers to
obtain financial literacy training and/or
coaching.
(9) Engaged in outreach efforts to
identify and secure bids from Section 3
business concerns.
(10) Provided technical assistance to
help Section 3 business concerns
understand and bid on contracts.
(11) Divided contracts into smaller
jobs to facilitate participation by Section
3 business concerns.
(12) Provided bonding assistance,
guaranties, or other efforts to support
viable bids from Section 3 business
concerns.
(13) Promoted use of business
registries designed to create
opportunities for disadvantaged and
small businesses.
(14) Outreach, engagement, or
referrals with the state one-stop system
as defined in Section 121(e)(2) of the
Workforce Innovation and Opportunity
Act.
(c) Reporting frequency. Unless
otherwise provided, recipients must
report annually to HUD under
paragraph (a) of this section, and, where
required, under paragraph (b) of this
section, on all projects completed within
the reporting year in a manner
consistent with reporting requirements
for the applicable HUD program.
§ 75.27 Contract provisions.
(a) Recipients must include language
applying Section 3 requirements in any
subrecipient agreement or contract for a
Section 3 project.
(b) Recipients of Section 3 funding
must require subrecipients, contractors,
and subcontractors to meet the
requirements of § 75.19, regardless of
whether Section 3 language is included
in recipient or subrecipient agreements,
program regulatory agreements, or
contracts.
Subpart D—Provisions for Multiple
Funding Sources, Recordkeeping, and
Compliance
§ 75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing
construction or other public
construction project is subject to Section
3 pursuant to § 75.3(a)(1) and (2), the
recipient must follow subpart B of this
part for the public housing financial
assistance and may follow either
subpart B or C of this part for the
housing and community development
financial assistance. For such a project,
the following applies:
(1) For housing and community
development financial assistance, a
Targeted Section 3 worker is any worker
who meets the definition of a Targeted
Section 3 worker in either subpart B or
C of this part; and
(2) The recipients of both sources of
funding shall report on the housing
rehabilitation, housing construction, or
other public construction project as a
whole and shall identify the multiple
associated recipients. PHAs and other
recipients must report the following
information:
(i) The total number of labor hours
worked on the project;
(ii) The total number of labor hours
worked by Section 3 workers on the
project; and
(iii) The total number of labor hours
worked by Targeted Section 3 workers
on the project.
(b) If a housing rehabilitation, housing
construction, or other public
construction project is subject to Section
3 because the project is assisted with
funding from multiple sources of
housing and community development
assistance that exceed the thresholds in
§ 75.3(a)(2), the recipient or recipients
must follow subpart C of this part, and
must report to the applicable HUD
program office, as prescribed by HUD.
§ 75.31 Recordkeeping.
(a) HUD shall have access to all
records, reports, and other documents or
items of the recipient that are
maintained to demonstrate compliance
with the requirements of this part, or
that are maintained in accordance with
the regulations governing the specific
HUD program by which the Section 3
project is governed, or the public
housing financial assistance is provided
or otherwise made available to the
recipient, subrecipient, contractor, or
subcontractor.
(b) Recipients must maintain
documentation, or ensure that a
subrecipient, contractor, or
subcontractor that employs the worker
maintains documentation, to ensure that
workers meet the definition of a Section
3 worker or Targeted Section 3 worker,
at the time of hire or the first reporting
period, as follows:
(1) For a worker to qualify as a
Section 3 worker, one of the following
must be maintained:
(i) A worker’s self-certification that
their income is below the income limit
from the prior calendar year;
(ii) A worker’s self-certification of
participation in a means-tested program
such as public housing or Section 8-
assisted housing;
(iii) Certification from a PHA, or the
owner or property manager of projectbased Section 8-assisted housing, or the administrator of tenant-based Section 8-
assisted housing that the worker is a
participant in one of their programs;
(iv) An employer’s certification that
the worker’s income from that employer
is below the income limit when based
on an employer’s calculation of what
the worker’s wage rate would translate
to if annualized on a full-time basis; or
(v) An employer’s certification that
the worker is employed by a Section 3
business concern.
(2) For a worker to qualify as a
Targeted Section 3 worker, one of the
following must be maintained:
(i) For a worker to qualify as a
Targeted Section 3 worker under
subpart B of this part:
(A) A worker’s self-certification of
participation in public housing or
Section 8-assisted housing programs;
(B) Certification from a PHA, or the
owner or property manager of projectbased Section 8-assisted housing, or the administrator of tenant-based Section 8-
assisted housing that the worker is a
participant in one of their programs;
(C) An employer’s certification that
the worker is employed by a Section 3
business concern; or
(D) A worker’s certification that the
worker is a YouthBuild participant.
61566 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations (ii) For a worker to qualify as a
Targeted Section 3 worker under
subpart C of this part:
(A) An employer’s confirmation that a
worker’s residence is within one mile of
the work site or, if fewer than 5,000
people live within one mile of a work
site, within a circle centered on the work
site that is sufficient to encompassa
population of 5,000 people accordingto
the most recent U.S. Census;
(B) An employer’s certification that
the worker is employed by a Section 3
business concern; or (C) A worker’s self-certification that the worker is a YouthBuild participant.
(c) The documentation described in
paragraph (b) of this section must be
maintained for the time period required
for record retentions in accordance with
applicable program regulations or, in
the absence of applicable program
regulations, in accordance with 2 CFR
part 200.
(d) A PHA or recipient may report on
Section 3 workers and Targeted Section 3
workers for five years from when their
certification as a Section 3 worker or
Targeted Section 3 worker is established.
§ 75.33 Compliance.
(a) Records of compliance. Each
recipient shall maintain adequate
records demonstrating compliance with
this part, consistent with other
recordkeeping requirements in 2 CFR
part 200.
(b) Complaints. Complaints alleging
failure of compliance with this part may
be reported to the HUD program office
responsible for the public housing
financial assistance or the Section 3
project, or to the local HUD field office.
(c) Monitoring. HUD will monitor
compliance with the requirements of
this part. The applicable HUD program
office will determine appropriate methods
by which to oversee Section 3 compliance.
HUD may impose appropriate remedies
and sanctions in accordance with the laws
and regulations for the program under
whichthe violation was found.
PART 91—CONSOLIDATED
SUBMISSIONS FOR COMMUNITY
PLANNING AND DEVELOPMENT
PROGRAMS
■ 6. The authority citation for part 91
continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601–3619,
5301–5315, 11331–11388, 12701–12711,
12741–12756, and 12901–12912.
§ 91.215 [Amended]
■ 7. Amend § 91.215(j) by removing ‘‘24
CFR part 135’’ and adding, in its place
‘‘24 CFR part 75’’.
§ 91.225 [Amended]
■ 8. Amend § 91.225(a)(7) by removing
‘‘24 CFR part 135’’ and adding, in its
place ‘‘24 CFR part 75’’.
§ 91.325 [Amended]
■ 9. Amend § 91.325(a)(7) by removing
‘‘24 CFR part 135’’ and adding, in its
place ‘‘24 CFR part 75’’.
§ 91.425 [Amended]
■ 10. Amend § 91.425(a)(1)(vii) by
removing ‘‘24 CFR part 135’’ and
adding, in its place ‘‘24 CFR part 75’’.
PART 92—HOME INVESTMENT
PARTNERSHIPS PROGRAM
■ 11. The authority citation for part 92
continues to read as follows:
Authority: 42 U.S.C. 3535(d), 12 U.S.C.
1701x and 4568.
■ 12. Amend § 92.508 as follows:
■ a. Remove paragraph (a)(7)(i)(B);
■ b. Redesignate paragraph (a)(7)(i)(C) as
(a)(7)(i)(B); and
■ c. Add paragraph (a)(7)(xi).
The addition reads as follows:
§ 92.508 Recordkeeping.
(a) * * *
(7) * * *
(xi) Documentation of actions
undertaken to meet the requirements of
24 CFR part 75 which implements
section 3 of the Housing Development
Act of 1968, as amended (12 U.S.C.
1701u).
* * * * *
PART 93—HOUSING TRUST FUND
■ 13. The authority citation for part 93
continues to read as follows:
Authority: 42 U.S.C. 3535(d), 12 U.S.C.
4568.
■ 14. Amend § 93.407 as follows:
■ a. Redesignate paragraphs (a)(5)(ii)
through (ix) as paragraphs (a)(5)(iii)
through (x);
■ b. Remove paragraph (a)(5)(i)(B);
■ c. Redesignate paragraph (a)(5)(i)(A)
as paragraph (a)(5)(ii);
■ d. In newly redesignated paragraph
(a)(5)(iv), remove ‘‘24 part 35’’ and add
in its place ‘‘24 CFR part 35’’; and
■ e. Add paragraph (a)(5)(xi).
The addition reads as follows:
§ 93.407 Recordkeeping.
(a) * * *
(5) * * *
(xi) Documentation of actions
undertaken to meet the requirements of
24 CFR part 75, which implements
section 3 of the Housing and Urban
Development Act of 1968, as amended
(12 U.S.C. 1701u).
* * * * *
CHAPTER I—OFFICE OF ASSISTANT
SECRETARY FOR EQUAL OPPORTUNITY,
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT [AMENDED]
■ 15. Under the authority of 42 U.S.C.
3535(d), in chapter I, remove designated
subchapter headings A and B.
PART 135 —[REMOVED]
■ 16. Remove part 135.
PART 266—HOUSING FINANCE
AGENCY RISK-SHARING PROGRAM
FOR INSURED AFFORDABLE
MULTIFAMILY PROJECT LOANS
■ 17. The authority citation for part 266
continues to read as follows:
Authority: 12 U.S.C. 1707; 42 U.S.C.
3535(d).
§ 266.220 [Amended]
■ 18. Amend § 266.220(c) by removing
‘‘; section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C.
1701u), as implemented by 24 CFR part
135’’.
PART 570—COMMUNITY
DEVELOPMENT BLOCK GRANTS
■ 19. The authority citation for part 570
continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x–1; 42U.S.C.
3535(d) and 5301–5320.
§ 570.487 [Amended]
■ 20. Amend § 570.487(d) by removing
‘‘24 CFR part 135’’ and adding in its
place ‘‘24 CFR part 75’’.
§ 570.607 [Amended]
■ 21. Amend § 570.607(b) by removing
‘‘24 CFR part 135’’ and adding in its
place ‘‘24 CFR part 75’’.
PART 574—HOUSING OPPORTUNITIES
FOR PERSONS WITHAIDS
■ 22. The authority citation for part 574
continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x–1; 42U.S.C.
3535(d) and 5301–5320.
§ 574.600 [Amended]
■ 23. Amend § 574.600 by adding ‘‘and
part 75’’ after the phrase ‘‘24 CFR part
5’’.
PART 576—EMERGENCY SOLUTIONS
GRANTS PROGRAM
■ 24. The authority citation for part 576
continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x–1; 42
U.S.C. 11371 et seq., 42 U.S.C. 3535(d).
61567 Federal Register/ Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations § 576.407 [Amended]
■ 25. Amend § 576.407(a) by removing
‘‘24 CFR part 135’’ and adding in its
place ‘‘24 CFR part 75’’.
PART 578—CONTINUUM OF CARE
PROGRAM
■ 26. The authority citation for part 578
continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x–1; 42
U.S.C. 11381 et seq., 42 U.S.C. 3535(d).
§ 578.99 [Amended]
■ 27. Amend § 578.99 by removing
‘‘federal’’ in the section heading and
adding in its place ‘‘Federal’’ and
removing ‘‘24 CFR part 135’’ in
paragraph (i) and adding in its place ‘‘24
CFR part 75’’.
PART 905—THE PUBLIC HOUSING
CAPITAL FUND PROGRAM
■ 28. The authority citation for part 905
continues to read as follows:
Authority: 42 U.S.C. 1437g, 42 U.S.C. 1437z–2,
42 U.S.C. 1437z–7, and 3535(d).
§ 905.308 [Amended]
■ 29. Amend § 905.308(b)(10) by
removing ‘‘24 CFR part 135’’ and adding
in its place ‘‘24 CFR part 75’’.
PART 964—TENANT PARTICIPATION
AND TENANT OPPORTUNITIES IN
PUBLIC HOUSING
30. The authority citation for part 964
continues to read as follows:
Authority: 42 U.S.C. 1437d, 1437g, 1437r,
3535(d).
■ 31. Revise § 964.320 to read as
follows:
§ 964.320 HUD Policy on training, employment,
contracting and subcontracting of public
housing residents.
In accordance with Section 3 of the
Housing and Urban Development Act of
1968 and the implementing regulations
at 24 CFR part 75, PHAs, their contractors
and subcontractors shall make best
efforts, consistent with existing Federal,
State, and local laws and regulations, to
give low and very low-income persons
the training and employment
opportunities generated bySection 3
covered assistance (as this term is
defined in 24 CFR 75.3) and to give
Section 3 business concerns the
contracting opportunities generated by
Section 3 covered assistance.
PART 983—PROJECT-BASED
VOUCHER (PBV) PROGRAM
■ 32. The authority citation for part 983
continues to read as follows:
Authority: 42 U.S.C. 1437f and 3535(d).
§ 983.4 [Amended]
33. Amend § 983.4 by removing the
definition of ‘‘Section 3—Training,
employment and contracting
opportunities in development’’.
§ 983.154 [Amended]
■ 34. Amend § 983.154 by removing (c)
introductory text and paragraph (c)(1)
and redesignating paragraph (c)(2) as
paragraph (c).
PART 1000—NATIVE AMERICAN
HOUSING ACTIVITIES
■ 35. The authority citation for part
1000 continues to read as follows:
Authority: 25 U.S.C. 4101 et seq.; 42
U.S.C. 3535(d).
■ 36. Revise § 1000.42 to read as
follows:
§ 1000.42 Are the requirements of Section3
of the Housing and Urban Development Act
of 1968 applicable?
No. Recipients shall comply with Indian
preference requirements of Section 7(b)
of the Indian Self- Determination and
Education Assistance Act (25 U.S.C.
5307(b)), oremployment and contract
preference laws adopted by the
recipient’s tribe inaccordance with
Section 101(k) of NAHASDA.
Benjamin S. Carson, Sr.,
Secretary.
[FR Doc. 2020–19185 Filed 9–28–20; 8:45 am]
BILLING CODE 4210–67–P
AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON-CONSTRUCTION
CONTRACTORS
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have been designed to provide Contractors with information necessary to comply with Federal regulations found under Title 41, Part 60 of the Code of Federal Regulations. It is the intent of these guidelines to ensure that equal opportunity for
employment is practiced by the Contractor without regard to race, color, sex, religion, national origin, disability, and veteran’s status. These guidelines provide the minimum
information necessary to comply with EEO and affirmative action requirements, including the preparation of an
Affirmative Action Plan that complies with federal regulations regarding Affirmative Action for federally assisted projects.
Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) officer for any necessary
technical assistance in meeting Affirmative Action
requirements if they are considering bidding under this contract.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principles:
1. Discrimination because of race, color, age, sex,
religion, national origin, marital status, disability,
or veteran’s status is inconsistent with the
constitution, laws, and policies of the United
States, State of California and San Bernardino
County.
2. The implementing entity is committed to ensure
that there be no discrimination by vendors,
Contractors (including professional services and
consultants), lessors, or lessees doing business
with the implementing entity.
3. Contractors and Subcontractors agree to take
affirmative personnel actions to hire and promote
workers who traditionally have been discriminated
against in the job market, including women,
minorities, members of certain ethnic and
religious groups, individuals with disabilities, and
veterans.
B. Affirmative Action Step Requirements for
CONSTRUCTION Contractors and Subcontractors:
1. Personnel affirmative action in recruitment, hiring, and promotion is required by Contractor and
Subcontractors who have entered into a federally
assisted construction or non-construction contract
that exceed $10,000 or $10,000 in the aggregate
over a 12-month period.
2. Contractors and Subcontractors who enter into a
CONSTRUCTION CONTRACT in excess of
$10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity.
These steps are included in 41 CFR 60-4.3 (a) (7)
and are also included under "Standard Federal
Equal Employment Opportunity Construction
Contract Specifications" of Attachment "D" of the
bid package.
C. Affirmative Action Plan requirements for NONCONSTRUCTION Contractors:
1. All Contractors who have entered into a NONCONSTRUCTION CONTRACT and who: 1) do business in the amount of $50,000 or more with
the implementing entity in any one fiscal year
and, 2) employ 50 or more employees, must
develop a written Affirmative Action Program
within 120 days after the contract award date.
2. All Subcontractors rendering services or supplies
to a Contractor in the amount of $50,000 or more
and employ 50 or more employees, must develop
a written Affirmative Action Program within 120
days after the contract award date.
D. Exemptions under 41 CFR 60:
The following persons/contracts shall be exempt from
this program:
1. A contract or contracts by a Contractor that do not
exceed $10,000 in the aggregate over a 12-month
period.
2. Contracts for Work outside the United States
3. State and Local Governments
4. Contracts with certain educational institutions
5. Work on or near Indian Reservations
6. Specific contracts and facilities found exempt by
Deputy Assistant Secretary
7. Contracts with religious entities
8. National security contracts
Any Contractor who feels qualified for an exemption
should contact the local Contract Compliance Officer
or the U.S. Department of Labor's OFCCP Officer for
further information.
II. SATISFYING AFFIRMATIVE ACTION PLAN
A. Affirmative Action Plan requirements for NONCONSTRUCTION Contractors can be met through the following:
1. Completing a Contract Compliance Qualifying
Report for Non-construction Contractors and
Vendors, (refer to the form found in the "Additional
Required Documents/Sample Documents" section
of Attachment "D" of the bid package).
2. Completing a Contractor’s Affirmative Action
Policy, including methods of recruiting minorities
and women. If the Contractor does not have its
own Affirmative Action Policy, it may adopt the
County's model Affirmative Action Policy ((refer to
the form found in the "Additional Required
Documents/Sample Documents" section of
Attachment "D" of the bid package).
3. Following Federal Affirmative Action Plan
guidelines which comply with the requirements of
41 CFR 60.2.10.
DEFINITIONS
Unless a provision of a contract otherwise requires, certain words and phrases shall be defined as follows:
A. “Affirmative Action” is a commitment to increase the number of minorities and women in the work force by
setting employment goals and timetables, including
action to achieve objectives. Affirmative Action seeks
to ensure that discrimination is eliminated in dealings with employees or applicants for employment whether
the discrimination is intentional or unintentional. In
addition, Affirmative Action seeks to improve job
standards and productivity through the removal of
artificial and unnecessary barriers to employment and
promotion and ensure that all job actions are related to job performance measures.
B. “Affirmative Action Plan” is a written affirmative plan required of Contractors and Subcontractors who have
50 or more employees and have entered into a
contract with the implementing entity that exceeds
$50,000, or $50,000 in contracts over a 12-month
period.
C. “Contract” means a federally assisted purchase order, offer and acceptance, lease, agreement or other
arrangement creating an obligation to which the
implementing entity is a party, which would make one
of the parties within the definition a Contractor.
D. “Construction” means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or
improvements to real property, including facilities
providing utility services.
E. “Contractor” means a prime Contractor or
Subcontractor.
F. "Covered Area" means the geographical area
described in the solicitation from which the contract
resulted;
G. "Director" means Director, OFCCP, U.S. Dept. of
Labor, or any person to whom the Director delegates
authority to;
H. “Employee” means one who performs work for
compensation, or a person who is permanently or
regularly employed by the Contractor or
Subcontractor.
I. "Employer Identification Number" means the Federal
Social Security Number;
J. “Disability” means any individual who:
1. Has a physical or mental impairment, which
substantially limits one or more major life activities
of such individual;
2. Has a record or such impairment or,
3. Is generally regarded as having such an
impairment.
K. "Employer Identification Number" means the Federal
Social Security Number;
L. “Implementing Entity” means public jurisdiction who is administering the contract.
M. “Minority” includes:
1. Black (all persons having origins in any Black
African racial groups not of Hispanic origin);
2. Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
3. Asian or Pacific Islander (all persons having
origins in any of the original peoples of the Far
East, Southeast Asia, the Indian subcontinent or
the Pacific Islands);
4. American Indian or Alaskan native (all persons
having origins in any of the native peoples of
North America and maintaining identifiable tribal
affiliations through membership and participation
in community identification).
N. “Non-construction Contract” means any contract that
does not fall within the definition of “Construction
Contract”.
O. “Officer” means the Contract Compliance Officer of
the implementing entity or U.S. Department of Labor
Office of Federal Contract Compliance Program
(OFCCP) Officer.
P. “Persons” means any individual, firm, co-partnership, public service, joint venture, association, social club, fraternal organization, corporation, estate, trust
receiver, syndicate CITY, county, municipal
corporation, district or other political subdivision, or any other group or combination acting as a unit.
Q. “Underutilization” means having fewer minorities or
women in a particular job classification than would
reasonably be expected by their availability.
R. “Vietnam-Era Veteran” means a person who:
1. Served on actual duty for a period of more than
180 days, any part of which occurred between
August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than
a dishonorable discharge; or
2. Was discharged or released from active duty for a
service-connected disability if any part of such
active duty was performed between August 5,
1964, and May 7, 1975.
S. Violation and Appeal Procedure:
1. A Contractor found in violation of equal
opportunity/affirmative action laws will be referred
to the U.S. Department of Labor’s OFCCP
Division, and the Solicitor for Labor, Associate
Solicitor of Labor Relations and Civil Rights
Regional Solicitors and Regional Attorney are
authorized to institute enforcement proceedings
by filing a complaint and serving that compliant to
the Contractor (defendant), in accordance with
procedures set forth in 41 CFR 60-30.5. The
complaint shall contain information on the alleged
violation, a prayer regarding the relief being
sought, and the name and address of the attorney
representing the Government. Within 20 days
after receiving the complaint, the defendant shall
file an answer with the Chief Administrative Law
Judge, if the case has not been assigned to an
Administrative Law judge.
2. The answer shall contain a statement of the facts
which constitute the ground of defense, and shall:
1) specifically admit, explain, or deny each of the
allegations of the complaint unless the defendant
is without knowledge, or 2) state that the
defendant admits all the allegations contained in
the complaint. The answer may contain a waiver
for a hearing and if not, a separate paragraph in
the answer shall request a hearing. The answer
shall contain the name and address of the
defendant, or of the attorney representing the
defendant. Failure to file an answer or plead
specifically to an allegation of the complaint shall
constitute an admission of such allegation.
3. Contractor agrees to fully comply with the laws and
programs (including regulations issued pursuant thereto) identified herein. Such compliance is required to the
extent such laws, programs and their regulations are, by their own terms, applicable to this contract. Contractor warrants that he will make himself thoroughly familiar
with the applicable provisions of said laws, programs,
and regulations prior to commencing performance of the
contract. Copies of said laws, programs, and regulations are available upon request from the implementing
entity’s Contract Compliance Officer, or from the U.S.
Department of Labor's OFCCP Officer to the extent
applicable the provisions of said laws programs and
regulations are deemed to be a part of this contract as if fully set forth herein.
4. Vietnam Era Veterans’ Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, Title V,
Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38
USCA 2011-2013).
5. Rehabilitation Act of 1973, as amended (disability) Pub. l 93-112 as amended. (29 USCA 701-794).
6. California Fair Employment Practice Act. Labor Code
Sec. 1410 et seq.
5. Civil Rights Act of 1964, as amended (42 USCA 2000a
to 2000H-6) and Executive Order No. 11246, September
24, 1965, as amended.
EQUAL OPPORTUNITY CLAUSES
The Contractor and Subcontractors not found
exempt under 41 CFR 60-1.5, are required to
comply with the following equal opportunity
clauses as a condition of being awarded a federally
assisted contract. Each nonexempt prime
Contractor shall include equal employment
opportunity clauses in each of its nonexempt
Subcontractors.
EQUAL OPPORTUNITY CLAUSE FOR
FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS
This clause is inserted pursuant to Executive Order 11246 of September 24, 1965, as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR Sec. 60-1.4. The following requirements apply to Contractors and Subcontractors
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment without regard to their
race, color, religion, sex, national origin. Such action shall include, but not be limited to the following:
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. The Contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency
contracting officer, advising the labor union or
workers’ representative of the Contractor’s
commitments under Section 202 of Executive Order
11246 of September 24, 1965, and shall post copies
of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965 and of
the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations and orders of the
Secretary of Labor, pursuant thereto, and will permit
access to his books, records, and accounts by the
administering agency and Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders
(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with
any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole
or in part, and the Contractor may be declared
ineligible for further Government contracts in
accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary
of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of
paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
each Subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or
purchase order as the contracting agency may direct
as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that
in the event the Contractor becomes involved in, or is
threatened with, litigation with a Subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor may request the United States
to enter into such litigation to protect the interests of the United states.
The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its
own employment practices when it participates in
federally assisted construction work; provided, that if the applicant so participating is a state or local
government, the above equal opportunity clause is
not applicable to any agency, instrumentality or
subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate
actively with the administering agency and the
Secretary of Labor in obtaining the compliance of
Contractors and Subcontractors with the equal
opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of
Labor in obtaining the compliance of Contractors and
Subcontractors with the equal opportunity clause and
the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such
compliance, and that it will otherwise assist the
administering agency in the discharge of the agency’s
primary responsibility for securing compliance.
The applicant further agrees that it will refrain from
entering into any contract or contract modification
subject to Executive Order 1124 of September 24,
1965, with a Contractor debarred from, or who has
not demonstrated eligibility for Government
contracts and federally assisted construction
contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed
upon Contractors and Subcontractors by the
administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive
Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in
whole or in part this grant (contract, loan, insurance, guarantee), refrain from extending any further
assistance to the applicant under the program with
respect to which the failure or refund occurred until
satisfactory assurances of future compliance has
been received from such applicant, and refer the
case to the Department of Justice for appropriate
legal proceedings.
In addition to the above, Contractor will agree to
furnish all information and reports, including
Standard form EEO-1, if applicable, to the U.S.
Equal Employment Opportunity Commission
(EEOC) and the U.S. Department of Labor's
OFCCP, as required by Executive Order No. 11246
of September 24, 1965.
EQUAL OPPORTUNITY CLAUSE FOR
SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
This clause is inserted pursuant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- 250.
(1) The Contractor will not discriminate against any
employee or applicant for employment because he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the
employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat
qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their
disability or veterans’ status in all employment
practices such as the following: employment,
upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for
training, including apprenticeship.
(2) The Contractor agrees that all suitable employment
openings of the Contractor which exist at the time of
the execution of this contract and those which occur
during the performance of this contract, including
those not generated by this contract and including
those occurring at an establishment of the
Contractor other than the one wherein the contract
is being performed but excluding those of
independently operated corporate affiliates, shall be
listed at an appropriate local office of the State
Employment Service System wherein the opening
occurs. The Contractor further agrees to provide
such reports to such local office regarding
employment openings and hires as may be
required.
(3) Listings of employment openings with the
employment service system pursuant to this clause
shall be made at least concurrently with the use of
any other recruitment source or effort and shall
involve the normal obligations which attach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant
or from any particular group of job applicants, and
nothing herein is intended to relieve the Contractor
from any requirements in Executive Orders or
regulations regarding nondiscrimination in
employment.
(4) The reports required by paragraph (2) of this clause shall include, but not be limited to, periodic reports
which shall be filed at least quarterly with the
appropriate local office or, where the Contractor has
more than one hiring location in a State, with the
central office of that State Employment Service.
Such reports shall indicate for each hiring location,
(a) the number of individuals hired during the
reporting period, (b) the number of non-disabled
veterans of the Vietnam Era hired, (c) the number of
disabled veterans of the Vietnam Era hired, and (d)
the total number of disabled veterans hired. The
reports shall include covered veterans hired for onthe-job training under 38 USC Sec. 1787. The Contractor shall submit a report within 30 days after
the end of each reporting period wherein any
performance is made on this contract identifying
data for each hiring location. The Contractor shall
maintain at each hiring location, copies of the
reports submitted until the expiration of one year
after final payment under the contract, during which
time these reports and related documentation shall
be made available, upon request, for examination
by any authorized representatives of the contracting
officer or of the Secretary of Labor. Documentation
would include personnel records respecting job
openings, recruitment and placement.
(5) Whenever the Contractor becomes contractually
bound to the listing provisions of this clause, it shall advise the employment service system in each
State where it has establishments of the name and
location of each hiring location in the State. As long
as the Contractor is contractually bound to these
provisions and has so advised the State system,
there is no need to advise the State system of
subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this
contract clause.
(6) This clause does not apply to the listing of
employment openings, which occur and are filled
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands.
(7) The provisions of paragraphs (2), (3), (4) and (5) of this clause do not apply to openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement.
This exclusion does not apply to a particular
opening once an employer decides to consider
applicants outside of his own organization or
employer - union arrangement for that opening.
(8) As used in this clause:
a. “All suitable employment openings” includes,
but is not limited to, openings which occur in
the following job categories: production and
non-production; plant and office; laborers and
mechanics; supervisory and non-supervisory;
technical; and executive, administrative and
professional openings as are compensated on
a salary basis of less than $25,000 per year.
The term includes full-time employment,
temporary employment of more than three
days duration, and part-time employment. It
does not include openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary
and traditional employer - union hiring
arrangement or openings in an educational
institution which are restricted to students of
that institution. Under most compelling
circumstances an employment opening may
not be suitable for listing, including such
situations where the needs of the Government
cannot reasonably be otherwise supplied,
where listing would be contrary to national
security, or where the requirement of listing
would otherwise not be for the best interest of
the Government.
b. “Appropriate office of the State Employment
Service System” means the local office of the
federal - state national system of public
employment offices with assigned
responsibility for serving the area where the
employment opening is to be filled, including
the District of Colombia, Guam, Puerto Rico
and the Virgin Islands.
c. “Openings which the Contractor proposes to
fill from within his own organization” means
employment openings for which no
consideration will be given to persons outside
the Contractor’s organization (including any
affiliates, subsidiaries and the parent
companies) and includes any openings which
the Contractor proposes to fill from regularly
established “recall” lists.
d. “Openings which the Contractor proposes to
fill pursuant to a customary and traditional
employer - union hiring arrangement” means
employment openings which the Contractor
proposes to fill from union halls, which is part
of the customary and traditional hiring
relationship which exists between the
Contractor and representatives of his
employees.
(9) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(10) In the event of the Contractor’s noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
officer. Such notices shall state the Contractor’s
obligation under the law to take affirmative action to
employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era
for employment, and the rights of applicants and
employees.
(12) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(13) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each Subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance.
(14) Collective bargaining agreement or other contract
understanding that the Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(15) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each Subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance.
EQUAL OPPORTUNITY CLAUSE FOR
WORKERS WITH DISABILITIES
This clause is inserted pursuant to the Rehabilitation Act of 1973 (P.L. 93-112) and 41 CFR Sec. 60-741-4.
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for employment
is qualified. The Contractor agrees to take
affirmative action to employ, advance in
employment and otherwise treat qualified
(2) disabled individuals without discrimination based
upon their physical or mental disability in all
employment practices such as the following:
employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and
selection for training, including apprenticeship.
(3) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(4) In the event of the Contractor’s non-compliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(5) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
officer.
(6) Such notices shall state the Contractor’s obligation under the law to take affirmative action to employ
and advance in employment qualified disabled
employees and applicants for employment, and the
rights of applicants and employees.
(7) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of Section 503 of the Rehabilitation Act of
1973, and is committed to take affirmative action to
employ and advance in employment physically and
mentally disabled individuals.
(8) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$2,500.00 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such
provisions will be binding upon each Subcontractor
or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the
Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
STANDARD FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT PROVISIONS
(EXECUTIVE ORDER 11246, PURSUANT TO
41 CFR 60-4.3 (a)
1. As used in these specifications:
a. “Covered area” means the geographical area
described in the solicitation from which this
contract resulted;
b. “Director” means Director, Office of Federal
Contract Compliance Programs, United States
Department of Labor, or any person to whom the
Director delegates authority;
c. “Employer identification number” means the
Federal Social Security number used on the
Employer’s Quarter Federal Tax Return. U.S.
Treasury Department form 941.
d. “Minority” includes:
(i) Black (all persons having origins in any of
the Black African racial groups not of
Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto
Rican, Cuban, Central or South American or
other Spanish Culture or origin, regardless
of race);
(iii) Asian and Pacific Islander (all persons
having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all
persons having origins in any of the original
peoples of North America and maintaining
identifiable tribal affiliations through
membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at
any tier, subcontracts a portion of the work involving
any construction trade, it shall physically include in
each subcontract in excess of $10,000 the provisions
of these specifications and the Notice which contains
the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in
accordance with the plan for those trades which have
unions participating in the Plan. Contractors must be
able to demonstrate their participation in and
compliance with the provisions of any such
Hometown Plan. Each Contractor or Subcontractor
participating in an approved Plan is individually
required to comply with its obligations under the EEO
clause, and to make a good faith effort to achieve
each goal under the Plan in each trade in which it
has employees. The overall good faith performance
by other Contractors or Subcontractors toward a goal
in an approved Plan does not excuse any covered
Contractor’s or Subcontractor’s failure to take good
faith efforts to achieve Plan goals and timetables.
4. The Contractor shall implement the specific
affirmative action standards provided in paragraphs
7a through p of these specifications. The goals set
forth in the solicitation from which the contract
resulted are expressed as percentages of the total
hours of employment and training of minority and
female utilization the Contractor should reasonable
the able to achieve in each construction trade in
which it has employees in the covered area.
Covered construction Contractors performing
construction work in geographical areas where they
do not have a federal or federally assisted
construction contract shall apply the minority and
female goals established for the geographical area
where the work is being performed. Goals are
published periodically in the FEDERAL REGISTER
in notice form, and such notices may be obtained
from any Office of Federal Contract Compliance
programs Office or from federal procurement
contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the
Contractor’s obligations under these specifications,
Executive Order 11246 or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be
employed by the Contractor during the training
period and the Contractor must have made
commitment to employ the apprentices and trainees
at the completion of their training, subject to the
availability of employment opportunities. Trainees
must be trained pursuant to training programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor’s compliance with these
specifications shall be based upon its effort to
achieve maximum results from its actions. The
Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as
extensive as the follow 16 steps:
a. Ensure and maintain a working
environment free of harassment,
intimidation, and coercion at all sites,
and in all facilities at which the
Contractor’s employees are assigned
to work. The Contractor shall
specifically ensure that all foremen,
superintendents, and other on-site
supervisory personnel are aware of and
carry out the Contractor’s obligation to
maintain such a working environment,
with specific attention to minority or
female individuals working at such sites
or in such facilities.
b. Establish and maintain a current list of
minority and female recruitment
sources, provide written notification to
minority and female recruitment
sources and to community
organizations when the Contractor or
its unions have employment
opportunities available, and maintain a
record of the organizations’ responses.
c. Maintain a current file of the names,
addresses and telephone numbers of
each minority and female off-the-street
applicant and minority or female
referral from a union, a recruitment
source or community organization and
of what action was taken with respect
to each such individual. If such
individual was sent to the union hiring
hall for referral and was not referred
back to the Contractor by the union or,
if referred, not employed by the
Contractor, this shall be documented in
the file with the reason therefore, along
with whatever additional actions the
Contractor may have taken.
d. Provide immediate written notification
to the Director when the union or
unions bargaining agreement has not
referred to the Contractor a minority
person or woman sent by the
Contractor, or when the Contractor has
other information that the union referral
process has impeded the Contractor’s
efforts to meet its obligations.
e. Develop on-the-job training
opportunities and/or participate in
training programs for the area which
expressly include minorities and
women, including upgrading programs
and apprenticeship and trainee
programs relevant to the Contractor’s
employment needs, especially those
programs funded or approved by the
Department of Labor. The Contractor
shall provide notice of these programs
to the sources compiled under 7b
above.
f. Disseminate the Contractor’s EEO
policy by providing notice of the policy
to unions and training programs and
requesting their cooperation in
assisting the Contractor in meeting its
EEO obligations by including it in any
policy manual and collective bargaining
agreement; by publicizing it in the
company newspaper, annual report,
etc.; by specific review of the policy
with all management personnel and
with all minority and female employees
at least once a year; and by posting the
company EEO policy on bulletin boards
accessible to all employees that each
location where construction work is
performed.
g. Review, at least annually, the
company’s EEO policy and affirmative
action obligations under these
specifications with all employees
having any responsibility for hiring,
assignment, layoff, termination or other
employment decisions including
specific review of these items with
onsite supervisory personnel such as
Superintendents, General Foremen,
etc., prior to the initiation of
construction work at any job site. A
written record shall be made and
maintained identifying the item and
place of these meetings, persons
attending, subject matter discussed,
and disposition of the subject manner.
h. Disseminate the Contractor’s EEO
policy externally by including it in any
advertising in the news media,
specifically including minority and
female news media, and providing
written notification to and discussing
the Contractor’s EEO policy with other
Contractors and Subcontractors with
whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral
and written, to minority, female and
community organizations, to schools
with minority and female students and
to minority and female recruitment and
training organizations serving the
Contractor’s recruitment source, the
Contractor shall send written
notification to organizations such as the
above, describing the openings,
screening procedures, and tests to be
used in the selection process.
j. Encourage present minority and female
employees to recruit other minority
persons and women and, where
reasonable, provide after school,
summer and vacation employment to
minority and female youth both on the
site and in other areas of a Contractor’s
work force.
k. Validate all tests and other selection
requirements where there is an
obligation to do so under 41 CFR Part
60-3.
l. Conduct, at least annually, an inventory
and evaluation at least of all minor8ty
and female personnel for promotional
opportunities and encourage these
employees to seek or to prepare for,
through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job
classifications, work assignments and
other personnel practices, do not have
a discriminatory effect by continually
monitoring all personnel and
employment related activities to ensure
that the EEO policy and the
Contractor’s obligations under these
specifications are being carried out.
n. Ensure that all facilities and company
activities are non-segregated except
that separate or single-user toilet and
necessary changing facilities shall be
provided to assure privacy between the
sexes.
o. Document and maintain a record of all
solicitations of offers for subcontracts
from minority and female construction
Contractors and suppliers, including
circulation of solicitations to minority
and female Contractor associations
and other business associations.
p. Conduct a review, at least annually, of
all supervisors; adherence to and
performance under the Contractor’s
EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in
voluntary associations which assist in fulfilling
one or more of their affirmative action
obligations (7a – p). The efforts of a Contractor
association, joint Contractor-union, Contractorcommunity or other similar group of which the Contractor is a member and participant may be
asserted as fulfilling any one or more of its
obligations provided that the Contractor actively
participates in the group, makes every effort to
assure that the group has a positive impact on
the employment of minorities and women in the
industry, ensures that the concrete benefits of
the program are reflected in the Contractor’s
minority and female workforce participation
makes a good faith effort to meet its individual
goals and timetables, and can provide access to
documentation, which demonstrates the
effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however,
is the Contractor’s and failure of such a group to
fulfill an obligation shall not be a defense for the
Contractor’s noncompliance.
9. A single goal for minorities and a separate single
goal for women have been established. The
Contractor, however, is required to provide
equal employment opportunity and to take
affirmative action for all minority groups, both
male and female, and all women, both minority
and non-minority. Consequently, the Contractor
may be in violation of the executive order if a
particular group is employed in a substantially
disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of
the Executive Order if a specific minority group
of women is underutilized).
10. The Contractor shall not use the goals and
timetables or affirmative action standards to
discriminate against any person because of
race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any
Subcontract with any person or firm debarred
from Government contracts pursuant to
Executive Order 11246.
12. The Contractor shall carry out such sanctions
and penalties for violation of these specifications
and of the Equal Opportunity Clause, including
suspension, termination and cancellation of
existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by
the Office of Federal Contract Compliance
Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation
of these specifications and Executive Order
11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum
results from its efforts to ensure equal
employment opportunity. If the Contractor fails
to comply with the requirements of the Executive
Order, the implementing regulations, or these
specifications, the director shall proceed in
accordance with 41 CRF 60-4.6.
14. The Contractor shall designate a responsible
official to monitor all employment related activity
to ensure that the company EEO policy is being
carried out, to submit reports relating to the
provisions hereof as may be required by the
Government and to keep records. Records shall
at lease include for each employee the name,
address, telephone numbers, construction trade,
union affiliation if any, employee identification
number when assigned, social security number,
race, sex, status (e.g., mechanic, apprentice
trainee, helper, or laborer) dates of changes in
status, hours worked per week in the indicated
trade, rate of pay, and locations at which the
work was performed. Records shall be
maintained in an easily understandable and
retrievable form; however, to the degree that
existing records satisfy this requirement,
Contractors shall not be required to maintain
separate records.
15. Nothing herein provided shall be construed as a
limitation upon the application of other laws
which establish different standards of
compliance or upon the application of
requirements for the hiring of local or other area
residents (e.g. those under the Public Works
Employment Act of 1977 and the Community
Development Block Grant Program).
a) The notice set forth in 41 CFR 60-4.2 and
the specifications set forth in 41 CFR 60-4.3
replace the New Form for Federal Equal
Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
published at 41 CFR 32482 and commonly
known as the Model Federal EEO Bid
Conditions, and the New Form shall not be
used after the regulations in 41 CFR Part
60-4 become effective.
Minority Goals
The goal for the utilization of women employees on
federally assisted construction contracts is set at 6.9%.
The goal for utilization of minorities, based on the
Standard metropolitan Statistical Area (SMSA) for
Riverside/San Bernardino County is 19%.
For additional information on these goals, please contact the OFCCP-Pacific Region at (415) 848-6969.
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000)
During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions.
SAMPLE DOCUMENTS
LCF 16-100 Created 3/12 – 08/17
Community Development &
Housing Agency
CONTRACTOR INFORMATION FORM
PROJECT NAME: ________________________________________________________________ PROJECT CODE: ____________________________________ COMPANY NAME: ___________________________________________________________________________________________________________________________ PLEASE CHECK ONE OF THE FOLLOWING: PRIME CONTRACTOR SUBCONTRACTOR SUB-TIER A. PRIME CONTRACTOR: OUR company IS a “Prime Approver” and IS ENTERED in Community Development and Housing’s Contractor Database. If checked, complete and sign only the shaded area below (DO NOT COMPLETE ENTIRE FORM).
B. PRIME CONTRACTOR: OUR company IS NOT a “Prime Approver” but IS ENTERED in Community Development and Housing’s Contractor Database. We have designated the following company personnel as acting “Prime Approver(s)” Name: ________________________________________________________________ Email: _________________________________________________________________ Name: ________________________________________________________________ Email: ______________________________________________________________ C. PRIME CONTRACTOR: OUR company IS NOT a “Prime Approver” and IS NOT ENTERED in Community Development and Housing’s Contractor Database. We have designated the following company personnel as acting “Prime Approver(s)” Name: ________________________________________________________________ Email: ______________________________________________________________ Name: ________________________________________________________________ Email: ______________________________________________________________ D. SUBCONTRACTOR/SUB-TIER: OUR company IS ENTERED in Community Development and Housing’s Contractor Database. If checked, complete and sign only the shaded area below (DO NOT COMPLETE ENTIRE FORM).
E. SUBCONTRACTOR/SUB-TIER: OUR company IS NOT ENTERED in Community Development and Housing’s Contractor Database.
1) Federal Tax Id No.:__________________ 2) D-U-N-S NO.:__________________ 3) Public Works Reg. No.:_______________________________ 4) Contractor License No.:_____________ 5) Contractor License Expiring Date:__________ 6)Contractor Lic. No.:__________________ (or 10-Digit Phone Number/User ID Number) (To Display on Certified Payroll) 7) Insurance Certificate No.:__________________ 8) Specialty License No.:_________________ 9) Business Lic.No.:____________________ 10) Motor Carrier Permit No.:____________________________ 11) Worker’s Compensation Policy No.:________________________________ 11) Union Status:_____________________ 12) Type:_______________ 13) Ethnicity:________________14)Type of Trade:____________________ 15) Principal Name:______________________16) Principal Title:_____________________________ 17) Contact Name:_______________________ 18) Phone No.:_________________ 19) Contact Fax:_________________ 20) Contact E-Mail:________________________________________________ 21) Address 1:____________________________________________________City:__________________________________ State:____ Zip Code:____________ Owner Operator: LCPtracker User ID Number:_______________ (If Different From Contractor License Number) 22) Business Certifications:__________________________________________________________ 23) Certifying Agency:______________________________________ 24) Issued Date:___________________ 25) Expiration Date:_____________ 26) Estimated Start Date:________________ 27) Estimated End Date:______________ 28)Contract Amount:___________________________ I certify the information above is true and complete to the best of my knowledge and belief. _______________________________________________________________________ ______________________________________________________________________ Contractor (Print Name) Title
_________________________________________________________________________ _____________________________________________________________________ Contractor Signature Date
1 E – SIGNATURE AUTHORIZATION FORM
(LCF 16‐1.0)
To simplify the reporting burden associated with federally funded construction activities, the San Bernardino County Community Development and Housing Department (CDH) utilizes an online software system called, LCP Tracker, for construction site compliance management, certified payroll(s) and workforce reporting. As a business who has received an award to work on a federally funded construction project, there several forms and certifications that you will be required to sign as part of the CDH’s Labor Compliance Program.
Authorization Agreement
I am an owner, partner, executive officer, or authorized employee/designee of the above‐listed contractor and have authority to enter into agreements on behalf of the above‐listed contractor. By signing this e(Electronic)‐Signature Authorization Agreement, I authorize CDH to accept, via electronic submission, documents submitted from the above‐listed contractor as required by CDH’s Online Certified Payroll and Compliance System, which may include, but is not limited to: Certified Payroll Records, Statements of Compliance and other required documents.
To establish a pin (e‐signature password) that will allow you the ability to submit your labor compliance related documents electronically, please read the authorization statement below and provide your signature in blue or black ink accepting the terms of this certification.
You may choose to delegate your signatory authority to other employees of your firm by acquiring their signature on the same form and by identify the employee(s) you wish to designate as an authorized co‐signer on page 2 of this same form.
The original hardcopy of this Agreement containing an original wet signature(s) must be submitted to the County of San Bernardino Community Development and Housing Department, 560 E. Hospitality Lane, Suite 200, San Bernardino. CA 92415‐0043.
By signing the E‐Signature Authorization form, I certify to comply with the following:
I agree for the above‐listed business will exclusively use CDH’s Online Certified Payroll and Compliance System for all County of San Bernardino projects on which the above‐listed business is required to submit Certified Payroll Reports, Statements of Compliance and other required documents electronically. I understand that CDH may change the Online Certified Payroll and Compliance System from time to time. I agree that the above‐ listed business will electronically sign, by use of an established Personal Identification Number (PIN), all documents requiring a signature that are submitted to CDH via its Online Certified Payroll System. I agree that my Personal Identification Number (PIN) which I establish on CDH’s Online Certified Payroll and Compliance System constitutes my electronic signature.
I understand that any information and documents submitted using my PIN is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my PIN/electronic signature as much as I would be by my handwritten signature. I agree that I will protect my PIN/electronic signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my PIN/electronic signature has been lost, stolen, or otherwise compromised. I certify that my PIN/electronic signature is for my own use, that I will keep it confidential, and that I will not delegate it or share it with any individual. This request is in effect immediately upon receipt by CDH and will remain in effect until I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and notify CDH within three (3) business days, of any circumstances, including my departure or terminated association with the above‐listed Company.
Company Name:
Address:
Phone number:
Project Name:
Project Code:
Print Name Title Signature Date
Print Name Title Signature Date
Print Name Title Signature Date
Community Development and Housing Department
SAMPLE
2 E – SIGNATURE AUTHORIZATION FORM
(LCF 16‐1.0)
Authorized Designee(s) Section
I certify that I am the owner, partner, executive officer, of the company listed above and further certify that the following employees as shown below are employees of this company and is/are authorized to enter into agreement(s) on behalf of the above company and can sign any contract(s), agreement(s), document(s) and Statement of Compliance where federally funded construction activities(s), the San Bernardino County Community Development and Housing Department (CDH) requires for the duration of the period the E‐Signature Authorization form is in effect or until otherwise directed.
Authorized Designee(s)
Company Name:
Address:
Phone Number:
Project Name:
Project Code:
Print Name Title Signature Date
Print Name Title Signature Date
Community Development and Housing Department
SAMPLE
AFFIRMATIVE ACTION COMPLIANCE FORM FOR CONSTRUCTION
CONTRACTS OVER $10,000
(LCF DB16-2.2)
Project Name
Project Address:
Company Name:
As the undersigned Contractor, Prime/Subcontractor/Sub-Tier, (Subcontractor/Sub-Tier having executed a contract with the above named contractor on the above referenced project), hereby make the following certification and acknowledgment. Please check the box that applies to your company to affirm an understanding and implementation of AFFIRMATIVE ACTION COMPLIANCE requirements and that you have read and completed the requirements for the project as noted below:
I / We have reviewed and understand the “CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT D)” of the bid package and/or “ LABOR COMPLIANCE CONTRACT ADDENDUM".
I / We DO currently maintain an effective Affirmative Action Program. The Affirmative Action Program complies with the Standard Federal Equal Employment Opportunity Construction Contract Provisions Executive Order 11246, pursuant to 41 CFR 60-4.3 (a) and will furnish a copy upon request.
OR
I / We DO NOT currently maintain an Affirmative Action Program. I / We agree to the Equal Opportunity Clause for Federally-Assisted Construction Contracts (Executive Order 11246), as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR 60-1.4) of “CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT D)” of the bid package and/or “LABOR COMPLIANCE CONTRACT ADDENDUM”.
Personnel affirmative action in recruitment, hiring and promotion is required by Prime Contractors, Subcontractors and Sub-Tiers who have entered into a federally-assisted construction contract that exceeds $10,000 or $10,000 in the aggregate over a 12-month period. Prime Contractors, Subcontractors or Sub-Tiers who enter into a “Construction Contract” in excess of $10,000 must take 16 specific affirmative action steps to ensure equal employment opportunity.
These steps are included in 41 CFR 60-4.3 (a) (7) and are also included under “Standard Federal Equal Employment Opportunity Construction Contract Specifications” of “CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT D)” of the bid package and/or “LABOR COMPLIANCE CONTRACT ADDENDUM”.
Print Name of Authorized E-Signature Signer Title Date
Created 3/12 Rev. 2.2022
Community Development and Housing Department
SAMPLE
LCF CA16-3.4 Created 11/16 – Revised 2/22
AFFIDAVIT OF COMPLIANCE WITH CALIFORNIA PREVAILING WAGE LAW, CALIFORNIA LABOR CODES SECTIONS 1720-1815
The undersigned, being duly sworn, states as follows:
1. I the undersigned am the of the above named contractor a subcontractor/sub-tier (referred to as Subcontractor) to ______________________________________ on the above named project and location. I Responsible Employer / Contractor Name
am familiar with the payroll practices of the above named on the Project. One of my duties and responsibilities is to ensure that the above named complies with the California Prevailing Wage Law, California Labor Code sections 1720 through 1815 on the Project. I make this sworn statement pursuant to California Labor Code sections 1775, subdivision (b)(4), and 1777.7, subdivision (d)(4).
2. I have reviewed the payroll practices and the payroll records for the above named on the Project. The above named has paid the specified prevailing rate of wages to each of its employees on the Project as required by Prevailing Wage Law, and has paid any amounts due such employees under California Labor Code section 1813. The above named has employed the required number of apprentices on the Project.
3. If applicable, I have also reviewed the payroll practices of each of the above named subtier subcontractors on the Project.
Each of our sub-tier subcontractors has paid the specified prevailing rate of wages to its employees, has paid any amount due such employees under California Labor Code section 1813, has employed the required number of apprentices on the Project, and has provided the above named with an affidavit that complies with California Labor Code sections 1775, subdivision (b)(4), and 1777.7, subdivision (d)(4).
4. I understand that the Responsible Employer/Contractor is relying upon the truth of the contents of this sworn statement in making final payment to the above named for work performed on the Project and may suffer damages if my sworn representations were not true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this affidavit was executed on _________________________ in _______________________________, California.
Date Location
__________________________________________ ______________________ ________________________ Print Name of Authorized E-Signature Signer Title Date
Project Name:
Project Address:
Company Name:
Community Development and Housing Department
SAMPLE
APPRENTICES AND TRAINEES ACKNOWLEDGMENT FORM
Project Name:
Project Address:
Company Name:
The only workers who can be paid less than the wage rate on the wage decision for their work classification are “Apprentices” and “Trainees” registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the Department of Labor (DOL) or a DOL‐recognized State Apprenticeship Council (SAC). Apprentices and Trainees are paid wage rates in accordance with the wage schedule in the approved program.
1. Probationary Apprentice: Can be paid as an Apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an Apprentice.
2. Pre‐Apprentice: Someone who is not registered in a program and who hasn’t been DOL‐ or SAC‐ certified for Probationary Apprenticeship would not be considered an “Apprentice” and must be paid the full Journeyman’s rate on the wage decision for the classification of work they perform.
3. Ratio of Apprentices and Trainees to Journeymen: The maximum number of Apprentices or Trainees that you can use on the job site cannot exceed the ratio of Apprentices or Trainees to Journeymen allowed in the approved program. Compliance with the ratio is determined on a daily, not weekly basis.
4. Apprentices or Trainees: All required Apprentice / Trainee documents must be submitted and approved by the Community Development Housing Department before the first payroll on which any Apprentice or Trainee appears. Incomplete or missing Apprentice / Trainee documents will render that Apprentice / Trainee a Journeyman and must be paid the full Journeyman’s rate on the wage decision for the classification of work they perform.
REQUIRED DOCUMENTS FOR APPRENTICE PROGRAMS:
Program Certification MUST be issued by the Department of Labor (DOL), Office of Apprenticeship (OA) Copy of DOL Individual(s) Apprenticeship Certification Print out : SAMPLE ATTACHED Copy of the Apprenticeship Program Appendix A which includes: SAMPLE ATTACHED • Level, Step or Period of the Apprentice
• Ratio Information
• Apprentice Wage Scale
• Schedule of Work Experience
• Schedule of Related Instructions
Copy of Fringe Benefit Apprenticeship Percentage Form also referred to as Rate Sheet Copy of DIR-DAS Apprenticeship Programs (State only): SAMPLE ATTACHED
I acknowledge that I am aware of the foregoing requirements and that I am authorized to make this certification on behalf of the above-named contractor. I fully understand that failure to comply with any of the above requirements may result in the apprentice/trainee being rendered as improperly paid and will be intitled to the journeyman rate for the classification perform.
Print Name of Authorized E-Signature Signer Title Date
Community Development and Housing Department
SAMPLE
LCF 16-SAM 4
LCF 16-SAM 5
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY (LCF DB16-2.1)
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder (Prime Contractor, or any of their proposed Subcontractors/Sub- Tiers) shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded unless such report is submitted.
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
(check box)
Yes (IF YES, identify the most recent contract)
No (IF NO, bidder may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact EEOC at 800-669-4000 or online at https://www.eeocdata.org/eeo1.
2. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
(check box)
Yes No None Required
3. Has Bidder ever been or is bidder being considered for sanction due to violation of EXECUTIVE ORDER 11246, as amended. https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended (check box)
Yes No
Print Name of Authorized E-Signature Signer Title Date
Created 3/12 – Revised 2/2022
Project Name:
Project Address:
Company Name:
Community Development and Housing Department
SAMPLE
CERTIFICATE OF UNDERSTANDING AND AUTHORIZATION FORM
(LCF 16-1.2)
The undersigned certifies that the company principal(s), or designee and the “Authorized Payroll Officer” have if project is subject to Davis-Bacon And Related Acts read the most current “LABOR STANDARDS” (A Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects) and if project is subject to California prevailing wage requirements is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“PREVAILING WAGE LAWS”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. The undersigned further certifies under penalty of perjury that the records or copies thereof submitted are the originals or true, full and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash, check, direct deposit or whatever form to the individual or individuals named. The undersigned have read, signed and submitted to the County of San Bernardino Community Development and Housing (CDH) the E-Signature Authorization form and have established Personal Identification Number (PIN), for CDH’s Online Certified Payroll System.
THE UNDERSIGNED IS A (OWNER, PARTNER, OFFICER, DESIGNEE) WITH THE AUTHORITY TO ACT FOR
AND ON BEHALF OF THE ABOVE NAMED CONTRACTOR DESIGNATE THE FOLLOWING PERSON(S) AS THE “AUTHORIZED PAYROLL OFFICER” AND IS HEREBY AUTHORIZED TO SIGN THE STATEMENT OF
COMPLIANCE WHICH WILL ACCOMPANY EACH WEEKLY CERTIFIED PAYROLL REPORT FOR THE ABOVE PROJECT.
__________________________________________________
Authorized Payroll Officer Date
Authorized Payroll Officer Date
Print Name of Authorized E-Signature Signer Title Date
Created 3/12 – Revised 02/2022
Project Name
Project Address:
Company Name:
Community Development and Housing Department
SAMPLE
Community Development and Housing Department
LABOR LAW REQUIREMENTS – (ONE-TIME FORM)
PLEASE CHECK ONE OF THE FOLLOWING: PRIME CONTRACTOR SUBCONTRACTOR SUB-TIER The FEDERAL AND STATE LABOR LAW REQUIREMENTS applicable to the contract are composed of, but not limited to, the following:
Payment of Prevailing Wage Rates
The contractor to whom the contract is awarded and its subcontractors hired for the public works project are required to pay not less than the specified general prevailing wage rates to all workers employed in the execution of the contract.
Labor Code Section 1770 et seq.
The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes that occur during the life of the contract. Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view. Additionally, current wage rate information can be found at the DLSR web site, www.dir.ca.gov/dlsr/statistics_research.html.
Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on the public works project and to comply with all aspects of Labor Code Section 1777.5, relating to Apprentices on public Works. (1) Notify approved apprenticeship programs of contract award; (2) employ apprentices; (3) pay training fund contributions.
Penalties
There are penalties required for contractor’s/subcontractor’s failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775; 1776; 1777.1; 1777.7 and 1813.
Certified Payroll Reports
Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day for each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project.
This requirement includes and applies to all subcontractors performing work on Awarding Body projects even if their portion of the work is less than one half of one percent (0.05%) of the total amount of the contract.
The certified payroll records shall contain the same data fields listed on the Public Works Payroll Reporting Form (A-1- 131) and contain or is accompanied by a declaration made under penalty of perjury. (California Code of Regulations, Section 16401).
Prime Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package. Any payroll not submitted in the proper form will be rejected. In the event that there has been no work performed during a given week, the Certified payroll report shall be annotated: “No work” for that week or a Non-performance Statement must be submitted.
Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or his/her authorized representative on request, pursuant to Labor Code Section 1776.
Project Name:
Project Address:
Contractor (Company) Name:
SAMPLE
Community Development and Housing Department
Under Labor Code Section 1776(g) there are penalties required for contractor’s/subcontractor’s failure to maintain and submit copies of certified payroll records on request.
Nondiscrimination in Employment
There exist prohibitions against employment discrimination under Labor Code Sections 1735 and 1777.6, the Government Code, the Public Contracts Code, and Title VII of the Civil Rights Act of 1964.
Kickbacks Prohibited
Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages under Labor Code Section 1778.
Acceptance of Fees Prohibited
There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for public work under Labor Code Section 1779; or for filling work orders on public works contracts pursuant to Labor Code Section 1780.
Listing of Subcontractors
All prime contractors are required to list properly all subcontractors hired to perform work on the public works projects covering more than one-half of one percent, pursuant to Government Code Section 4104.
Proper Licensing
Contractors are required to be licensed properly and to require that all subcontractors be properly licensed. Penalties are required for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractor License Law found at Business and Professions Code Section 7000 et seq.
Unfair Competition Prohibited
Contractors and sub-contractors are prohibited from engaging in unfair competition as specified under Business and Professions Code Sections 17200 to 17208.
Workers Compensation Insurance
Labor Code Section 1861 requires that contractors and subcontractors be insured properly for Workers Compensation.
OSHA
Contractors and subcontractors are required to abide by the Occupational, Safety and Health laws and regulations that apply to the particular construction project.
Proof of Eligibility/Citizenship
The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility/citizenship from all workers, is required.
Itemized Wage Statement
Labor Code Section 226 requires that employees be provided with itemized wage statements.
CERTIFICATION
I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of the above named contractor. I fully understand that failure to comply with any of the above requirements may subject me, or my company, to penalties as provided above. ___________________________________________ _____________________ __________________ Print Name of Authorized E-Signature Signer Title Date
SAMPLE
________________________
CONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND
RELATED ACTS REQUIREMENTS
(LCF DB16‐2.0)
As the undersigned Contractor, Prime/Subcontractor/Sub-Tier, (Subcontractor/Sub-Tier having executed a contract with the above named contractor on the above referenced project), hereby make the following certification and acknowledgment with respect to the applicability of “DAVIS-BACON AND RELATED ACTS” requirements:
1) By entering into this contract I certify and acknowledge that the above referenced project is federally funded, as the Prime Contractor, I am solely responsible, or as the Subcontractor/Sub-Tier contractor I am responsible, for complying with the “DAVIS-BACON AND RELATED ACTS” requirements; and 2) I am required to pay laborers and mechanics employed a wage not less than the highest wage applicable to their work classifications. If no federal work classification appears to apply to the employee duties, the Subcontractor/Sub-Tier shall make a written request to the Prime contractor to obtain the applicable work classification and wage rate prior to the start of construction. The Prime Contractor shall forward Subcontractor/Sub-Tier request and shall also make a written request to the County of San Bernardino to obtain the applicable work classification and wage rate prior to the start of construction. The Prime Contractor is solely responsible for ensuring that all Subcontractors/Sub-Tier are in compliance with the “ DAVIS-BACON AND RELATED ACTS” requirements.
3) I have read and understand the “LABOR COMPLIANCE CONTRACT ADDENDUM” including the applicable Wage Determination(s) for the above referenced project. I acknowledge the receipt and adherence to following provisions set forth in the “FEDERAL LABOR STANDARDS PROVISIONS” before participation on this project.
4) I will include the “LABOR COMPLIANCE CONTRACT ADDENDUM” including the applicable Wage Determination(s) for the above referenced project in any subcontracts/lower tier subcontracts/purchase orders executed. I will forward to Prime Contractor a copy of all executed sub- tier contracts/purchase orders to any lower tier subcontractors within seven (7) days of the execution date. _____________________________________________________
Print Name of Authorized E-Signature Signer Title
________________
Date
LCF DB16‐2.0 Created 3/12 – Revised 2/2022
Project Name:
Project Address:
Company Name:
Community Development and Housing Department
SAMPLE
LCF 16-1.3 Created 3-12 – Revised 2/2022
FRINGE BENEFIT STATEMENT
(LCF 16-1.3)
Project Name
Project Address:
Company Name:
Use this form to identify those bona fide Fringe Benefit Plan(s) in which your employees are participating. List all third-party plans, funds or trustees to which your firm makes fringe benefit payments in the interest of your employees. Provide an hourly equivalent of each fringe type (in dollars) below. Payrolls will be monitored to ensure the proper Fringe Benefit rates are being paid. Additional documentation may be required if paying.
Specify the fringe benefit hourly amount along with the name, address and contact name/ phone number.
Classification: Effective Date: Subsistence or Travel Pay $:
Fringe Benefit Hourly Amount: Name, Address and Contact Information of Plan, Fund or Program Health & Welfare $: Name:
Address:
Phone#:
Pension $: Name:
Address:
Phone#:
Vacation/ Holiday $: Name:
Address:
Phone#:
Apprentice/ Training $: Name:
Address:
Phone#:
Other $:
Specify:
Name:
Address:
Phone#:
Classification: Effective Date: Subsistence or Travel Pay $:
Fringe Benefit Hourly Amount: Name, Address and Contact Information of Plan, Fund or Program Health & Welfare $: Name:
Address:
Phone#:
Pension $: Name:
Address:
Phone#:
Vacation/ Holiday $: Name:
Address:
Phone#:
Apprentice/ Training $: Name:
Address:
Phone#:
Other $:
Specify:
Name:
Address:
Phone#:
All Fringes Paid in Cash
I certify under penalty of perjury that I have read and understand the instructions for completing the fringe benefit statement clauses pertaining to this project; and that Fringe Benefits are paid to the approved plans, funds, programs or employees as listed above; and during the progress of work on above project should a change in plan or rate of any of the classifications be made supplemental statements will be submitted precipitously.
Print Name (Authorized E-SignatureSigner) Title Date
Community Development and Housing Department
SAMPLE
LCF 16-1.3 Created 3-12 – Revised 2/2022
FRINGE BENEFIT STATEMENT INSTRUCTIONS
The Fringe Benefit Statement must be submitted by each contractor and subcontractor with the first certified payroll report. The form details the fringe benefit contributions and indicates whether these payments are paid to employees in cash or made to a third party trust fund. Supplemental statements must be submitted during the progress of the work should there be an increase or change in rates. Classification: Include all Trades/Classifications of employees that your company will use on the project, including apprentices. Do not list each employee by name. Please provide group number when applicable. For apprentices, please list the period levels.
Classification: List each craft(s) of employee(s) that you have working on the Project.
Effective Date: The date of the wage determination for the project.
Subsistence or Travel Pay: The amount shown in the wage decision of the craft of workers that require subsistence or travel at the Project location. If your company will be required to pay this fringe benefit insert the per diem amount within this section.
Fringe Benefit Hourly Amount: The amount of fringe benefits that are paid by craft. If any monies are paid on behalf of the employees they must be authorized in writing. All methods of payment must be shown on the form. Next to each listed Fringe Benefit, indicate the hourly rates for payments made to employees on the various classifications of work.
Do not include amounts that are paid directly by the employee.
Name, Address and Contact Information of Plan, Fund, or Program Paid To: Insert the name, address and phone# of the Plan, Fund or Program where the monies are being paid. If the benefit amount is to be paid directly to the employee, indicate Paid to Employee. Do not list each employee by name. Note: If you do not make your fringe benefit payments to the local union trust fund you may still claim your own benefit program paid on behalf of your employees, as long as the amounts do not exceed the total amount shown on the Department of Industrial Relations Wage Decision that is posted on their website. If the difference in the amount of your program is less than the amount shown in the wage determination then the difference must be paid to the employee as part as the basic wage rate. Remember that any Pension Fund payments must be irrevocably paid to a “Third Party Trust”. All fringe benefits must be irrevocably paid to an authorized Plan, Fund, Program or to the employee.
Please note that training fund contributions cannot be paid directly to employees (Check DIR website for exceptions) and must be paid to the California Apprentice Council (CAC) or to an approved fund such as a union trust fund. Note: A worker’s title or status with the employer is not determinative of an individual’s coverage by the prevailing wage laws.
What is determinative is whether the duties performed by the individual on the public works project constitute covered work. An individual who performs skilled or unskilled labor on a public works project is entitled to be paid the applicable prevailing wage rate for the time the work is performed, regardless of whether the individual holds a particular status such as partner, owner, owner-operator, independent contractor or sole proprietor, or holds a particular title with the employer such as president, vice-president, superintendent or foreman (Department of Industrial Relations (DIR) Public Works Manual).
Community Development and Housing Department
SAMPLE
LCF 16-1.3 Created 3-12 – Revised 02/2022
VACATION PLAN/PAID HOLIDAY DOCUMENTATION: CDH may require copies of your company’s policy for employer paid vacation and holidays. For vacation, if requested please explain how you track the vacation hours for each employee. Additionally if requested, please submit copies of monthly reports or statements from the bank/fund depository showing that the plan and vacation amounts are available for theworkers.
HEALTH AND WELFARE DOCUMENTATION: CDH may require copies of the plan documentation indicating monthly or quarterly billings for the covered benefits (and delineating all benefits per worker), as well as statements and copies of checks transmitted by your company to the trust fund or plan for these benefits.
PENSION PLAN DOCUMENTATION: CDH may require copies of the plan documentation from the Plan Administrator including the plan summary, account balances, monthly or quarterly transmittals into the account and copies of checks transmitted by your company as payments into the accounts.
TRAINING DOCUMENTATION: Please submit copies of the Apprentice/Training Certification Letter from your Federally Registered Program Sponsors. The apprenticeship program must be registered with the Department of Labor (DOL), Office of Apprenticeship. Include level, step or period of the apprentice; apprentice’s wage scale and ratio information. A training or apprentice wage can be paid only if the trainee is registered in a DOL approved apprenticeship or training program or with a State Apprenticeship Agency recognized by DOL. Otherwise, the individual is to be paid the DavisBacon and Related Acts (DBRA) prevailing wage rate for the classification of work that they are performing regardless of their skill level. (Federal regulations DO NOT REQUIRE the employment of apprentices on federally funded projects) OTHER DOCUMENTATION: CDH may require copies of explanation, monthly reports or statements and plan documentation from the Plan Administrator for all “OTHER” company paid plan(s). The implementing agency will verify plan(s) for employer to receive credit.
If your company does not operate under a collective bargaining agreement or contribute based on an hourly amount; you may use the following formulas to compute hourly benefits. Please be advised that examples are provided only to demonstrate how the formulas are used.
Annual Calculation: The annual calculation is based on 2080 hours per year (40hrs x 52 weeks per year) Formula: Employee’s Basic Hourly Rate x Number of Benefit Hours (8 Hrs a Day x Number of Days) divided by 2080 Hours.
Example: At $20/Hr, with 80 vacation hours a year, the hourly rate would calculate as follows:
$20 X 80 Hrs = $1,600 divided by 2,080 hours per year = $.77 Fringe Benefit Hourly Amount: $.77
Monthly Calculation: The monthly calculation factor 173.33 is based on 2080 hours per year divided by 12 months.
Formula: Monthly Benefit Plan Contribution divided by 173.33 Example: If employer pays $200/month for a medical benefit, the monthly hourly rate calculates as follows:
A monthly plan contribution of $200 divided by 173.33 = $1.15 Community Development and Housing Department
SAMPLE
PROJECT WAGE RATE SHEET
(LCF-16-1.1)
Project Name:
Project Address:
Company Name:
TYPE OF WAGE: DAVIS BACON APPRENTICE CLASSIFICATION
DAVIS BACON WAGE (DB) DECISION NUMBER/MODIFICATION NUMBER:
When completing form enter ONLY the DB Wage Decision Rates provided in the pre-con packet. Contractors employing apprentices on the project MUST complete a Project Wage Rate Sheet, be sure to list all available apprentice period/levels on form. For Apprentice rates, please forward to CDH a copy of the Appendix A and copy of the rate sheet with this form. All documents must be uploaded onto the applicable edocument type in LCPtracker.
Print Name of Authorized E-Signature signer Title Date
************************************************CDH USE ONLY************************************************ Rates confirmed: Apprentice Rate Request- Appendix A uploaded in LCP Tracker Created 3/12 – Revised 02/2022
Department of Labor Wage /Apprentice Classification
(For DB rate use classification as it appears on the DB decission) Base Rate: Fringe Benefit: Total Rate:
Community Development and Housing Department
SAMPLE
PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.
Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.
NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED
DATE OF EXPECTED OR ACTUAL START OF PROJECT
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS
APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.
Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below
1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee
2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee
3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.
Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS
SAMPLE
Explanation to box 1 ‐ 3 on form DAS 140
• Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).
• Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.
• Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.
SAMPLE
REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM
DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.
List one occupation/craft per form
Date:
_____________________
To Applicable Apprenticeship Committee:
Name:
Address:
Tel. No. Fax No.
Contractor Requesting Dispatch:
Name:
Address:
License No.
PWC Registration Number:
Tel. No. Fax No.
Project Information: PWC Project Number _________________ Contract Number __________________________ Total Contract Amount. _____________________________ Sub-Contract Amount ___________________________ Name ofthe Project:
Address:
Dispatch Request Information:
Number of Apprentice(s) Needed: Craft or Trade:
Date Apprentice(s) to Report: (72 hrs. notice required) Timeto Report:
Name of Person to Reportto:
Address to Reportto:
You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or
visit https://www.dir.ca.gov/das/PublicWorksForms.htm
DAS 142 (Revised 10/18)
SAMPLE
________________________
Community Development and Housing Department
SECTION 3 ACTION AND OUTCOME PLAN
(LCF DB16-2.5)
Project Name
Project Code:
Company Name:
Contractor must complete and submit this form FOLLOWING the completion of the SECTION 3 RESOURCE PARTICIPATION CERTIFICATE. Contractor must provide information in EACH of the following sections and may attach additional sheets.
Action – Outcome: Section 3 Businesses
• Contractor will subcontract all or a portion of the work on this project: Yes No • Contractor must describe outreach effort(s) (action) and the results (Outcome) taken to provide opportunities to qualified Section 3 Businesses:
Action (Describe): Outcome(Summarize results of the actions taken):
Action – Outcome: Section 3 Residents
• Contractor will hire new personnel for all or a portion of the work on this project: Yes No • Contractor must describe outreach effort(s) (action) and the results (Outcome) taken to employ Section 3 Workers/Targeted Workers:
Action (Describe): Outcome(Summarize the results ):
Non-Construction Employment: Identify any new employees the Contractor has hired for Non-Construction jobs for this project.
Example Non-Construction Job Classifications: Office/Clerical – Technical – Professional Employee Name: Section 3 Resident: Yes/ No Date of Hire: Job Classification:
Contractor Certifications
1. Contractor has received a copy of San Bernardino County Section 3 Plan and the 24 CFR Part 75 regulations.
2. Contractor shall include the Labor Compliance Contract Addendum (LCCA - which includes the24 CFR Part 75 regulations) in all of Contractor’sexecuted Subcontractor contracts for this Project.
3. Contractor shall comply with the County’s Section 3 Plan, and this Contractor’s Section 3 Outreach Efforts and Outcome Plan.
4. Contractor will, to the greatest extent feasible, comply with the numerical Section 3 benchmarks set forth in the County’s Section 3 Plan for this project or subcontracting any of the work on this project.
5. Contractor will complete the HUD Section 3 Information tab on all employees (new and current) in LCPtracker.
I hereby declare under penalty of perjury in the State of California that the above information and statements contained in the Contractor’s Section 3 Action and Outcome Plan are true and correct. ________________________________________________________________________________ ________________________ Print Name of Authorized E-Signature Signer Title Date
Created 3/12 – Revised 02/22
SAMPLE
________________________
Community Development and Housing Department
SECTION 3 RESOURCE PARTICIPATION CERTIFICATE
(LCF DB16-2.4)
The undersigned certifies that the company principal(s), and any authorized personnel have read the County’s Section 3 Plan and will contact the County of San Bernardino Workforce Development Department (WDD). After contacting and receiving information from WDD, the Contractor and WDD must sign and date their signature block section of this form. **PLEASE ALLOW 72 HOURS TO RESPOND TIME**
Workforce Development Department
CONTACT INFORMATION: WDD - Curtis Compton (909)948-6625 [email protected] Contractor has contacted the County of San Bernardino Workforce Development Department and has received information to participate in the practicable opportunity for Business and Employment Services including Section 3 business/residents to participate in the construction of the project.
I hereby declare under penalty of perjury in the State of California that the above information and statements contained are true and correct.
WORKFORCE DEVELOPMENT SIGNATURE DATE
Comments:
_________________________________________________________________ _________________________ Print Name of Authorized E-Signature Signer Title Date
Created 3/12 – Revised 07/2023
Project Name:
Project Code:
Company Name:
Telephone Number:
SAMPLE
Community Development and Housing
SECTION 3 FORMS INSTRUCTIONS
(LCF DB16-2.4)
INTRODUCTION:
Employment opportunities for business and lower income persons in connection with assisted projects. Section 3 applies to housing rehabilitation, housing construction, and other public construction projects that exceed $200,000 or more of housing and community development financial assistance from one or more Housing and Urban Department (HUD) programs.
The County of San Bernardino Community Development and Housing Department (CDH) is the recipient of HUD financial assistance for public housing and housing as well as community development activities. These programs require compliance with Section 3 of the Housing and Urban Development Act of 1968. Section 3 requires that employment and other economic opportunities be directed toward low and extremely lowincome persons, particularly those who are recipients of federal assistance for housing, and to business concerns that employ these qualifying residents.
The Section 3 Plan handbook is provided as a guide to understand Section 3 County plan, and the business and employment goals related to this project. It is intended to assist contractors in complying with Section 3 requirements, but does not supersede the contract provisions.
SECTION 3 RESOURCE PARTICIPATION CERTIFICATE:
• Contact the Workforce Development Department (WDD)
• Complete an informational resource meeting with WDD
• WDD signs and dates their signature block section
• Contractor signs and dates their signature block section • Contractor uploads document into LCPtracker
CONTRACTOR’S SECTION 3 ACTION AND OUTCOME PLAN:
• Complete the information section at the top of the form • List any “Action” (contractor) implemented for outreach to hire Section 3 Businesses • List any “Outcome” from the (contractor’s) outreach to Section 3 Businesses. • List any “Action” (contractor) implemented for outreach to employ Section 3 Residents
• List any “Outcome” from the (contractor’s) outreach to Section 3 residents • List any “Non-Construction Employment” (New Hires) for the project • Read “Contractor Certifications”
• Contractor signs and dates at bottom of page.
• Contractor uploads document into LCPtracker.
Created 3/12 – Revised 07/2023
SECTION 3 BUSINESS CERTIFICATION
Name of Business:
Address:
City: State: Zip Code:
Name of Business Owner:
Phone Number(s):
E‐Mail Address:
Name of Preferred Contact:
Phone Number of Preferred
Contact (if different from above):
Type of Business: Sole Proprietorship Partnership Corporation Joint Venture Certification Regarding Status as a Section 3 Business Concern The undersigned certifies that the company principal(s), and any authorized personnel have read the County’s Section 3 Plan. Before contract award, business must submit additional documentation to verify Section 3 eligibility and demonstrate capability. For further information regarding Section 3 Business Concern can be found at 24 CFR 75.5
“Section 3 Business Concern” means a business wherein (mark one):
At least 51% or more owned and controlled by low-or very-low income person (Refer to income guidelines found on page 2); or
At least 51% of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing; or
At least 75% of labor hours performed for the business over a the prior three-month period are performed by Section 3 workers.
Owner hereby declares under penalty of perjury in the State of California that the foregoing declaration of “Section 3 Business Certification” is true and correct.
OWNER SIGNATURE TITLE
PRINT NAME DATE
Community Development and Housing Department
EXHIBIT: I-1
SAMPLE
SECTION 3 Worker/Targeted Worker Eligibility Form
Company Name:
Employee Name:
Employee Address: City:
State: Zip Code:
Date of Hire: Phone Number:
The purpose of HUD’s Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment.
A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Workers as defined in 24 CFR Part 75.
Section 3 Worker eligibility qualification:
Individual Income for the previous or annualized calendar year is below the income limits established by HUD for the area where you currently reside.
Individual Income
Less than $10,000 $10,001 - $20,000 $20,001 -
$30,000 $30,001 - $40,000
$40,001 - $50,000 $50,001 - $60,000 $60,001 -
$70,000 More than $70,001
I am currently employed by a Section 3 business concern.
I am a Youthbuild participant (Section 3 Target Worker eligibility).
Section 3 Targeted Worker eligibility qualifications:
Currently Employed by a Section 3 business concern
Currently fits or when hired meets at least one of the following categories, as documented within the past five years:
Living within the service area or the neighborhood of the project; or I am a Youthbuild participant.
I affirm that the information on this form is true, complete, and correct to the best of my knowledge and belief.
I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.
SIGNATURE DATE
PRINT NAME
FOR EMPLOYER ADMINISTRATIVE USE ONLY
Is the employee a Section 3 worker based upon their self-certification? □ Y ES □ NO Is the employee a Targeted Section 3 worker based upon their self-certification? □ YES □ NO Was this an applicant who was hired as a result of the Section 3 project? □ YES □ NO EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS Community Development and Housing Department
SAMPLE
Community Development and Housing
SECTION 3 CUMULATIVE REPORT
Section 3 Reporting:
Total number of hours estimated/worked:
Total number of labor hours estimated/worked by Section 3 Worker:
Total number of labor hours estimated/worked by Section 3 Targeted worker:
Section 3 Benchmarks:
1) Section 3 Labor Hours/Total Labor Hours = 25%
And
2) Targeted Section 3 Laborer Hours/Total Labor Hours = 5% Initial Submission Report Progress/Final Report
☐ The qualitative activities mark below will be pursued in effort to meet Section 3 requirements:
☐ If Section 3 benchmarks were NOT met, mark all qualitative activities pursued to meet Section 3 requirements:
☐ Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
☐ Provided training or apprenticeship opportunities.
☐ Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
☐ Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
☐ Held one or more job fairs.
☐ Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care).
☐ Provided assistance to apply for/or attend community college, a fouryear educational institution, or vocational/ technical training. ☐ Assisted Section 3 workers to obtain financial literacy training and/or coaching.
☐ Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
☐ Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
☐ Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
☐ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
☐ Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
☐ Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
☐ Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
☐ Provided training or apprenticeship opportunities.
☐ Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
☐ Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. ☐ Held one or more job fairs.
☐ Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care).
☐ Provided assistance to apply for/or attend community college, a fouryear educational institution, or vocational/ technical training. ☐ Assisted Section 3 workers to obtain financial literacy training and/or coaching.
☐ Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
☐ Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
☐ Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
☐ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
☐ Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
☐ Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
I affirm that we have made/will make best efforts to follow the prioritization of efforts requirements as follows 1) Section 3 workers residing within the services area of the neighborhood of the project, and 2) Participated in Youthbuild program. I hereby certify, under penalty of law, that the above statement is correct to the best of my knowledge.
Signature: Date
Print Name:
LCF DB 16-2.8
Company Name:
Address: City:
State: Zip Code:
☐ Initial Report
☐ Progress Report Reporting Period:
☐ Final Report
SAMPLE
Project Name:
_________________________
AUTHORIZATION FOR PAYROLL DEDUCTION(S)
Form MUST be signed by the EMPLOYEE who has "OTHER/GARNISH" deduction(s) subtracted from his/her payroll check.
Deduction types include: Alimony, Child Support, other Court-Ordered Deductions or Garnishments, Training, Uniforms, 401K, Loans, Advance Paybacks, or Voluntary Insurance, etc. This form is to be submitted BEFORE the first Certified Payroll Report (CPR) reflecting the deduction(s). SUPPORTING DOCUMENTATION for “Other/Garnish” deductions may be required, as requested.
Deduction Type: Explanation for Deduction(s): Weekly Amount:
I THE ABOVE NAMED EMPLOYEE, HEREBY AUTHORIZE THE ABOVE NAMED CONTRACTOR TO MAKE THE ABOVE LISTED DEDUCTION(S) FROM MY PAYROLL CHECK. IT IS UNDERSTOOD THAT THESE DEDUCTIONS ARE IN THE
INTEREST OF THE EMPLOYEE AND NOT A CONDITION OF EMPLOYMENT, OR A DIRECT OR INDIRECT FINANCIAL BENEFIT ACCRUING TO THE EMPLOYER, AND NOT FORBIDDEN BY LAW. __________________________________________________________ ______________________ Employee Signature Date
____________________________________________________________ _______________ Company Name/Name of Authorized E-Signature Signer Title Date COMPLETE ONE (1) FORM PER EMPLOYEE.
LCF 16‐1.4 Created 3/12 – Revised 8/22
Project Name:
Project Code:
Company Name:
Employee Name:
Last 4 digits of Social
Security:
Community Development and Housing Department
Clear form
SAMPLE
TRAlNlNG FUND
CONTRIBUTIONS
California Apprenticeship
Council
Please Mail this form and your check payable to the
California Apprenticeship Council to:
State of California
Department of Industrial Relations
California Apprenticeship Council
P.O. Box 511283
Los Angeles, CA 90051-7838
Report Period: Dates
Contract/Project No: DIR Project #
Jobsite: Jobsite name #1
Remittance for the Following Projects
COUNTY
SAN BERNARDINO
CLASSIFICATION
CARPENTERS
Submitter Contact Information
Submitter's name
Name of submitter
Generated: 1/8/2021
Submitter's title
Submitter Title
HOURS
28.00 Transaction JD:
Total Amount:
XXXXXX
$00.00
Contractor License: XXXXXX
Contractor's Name & Address:
Company name
Address 1
City, State Zip Code
CONTRIB
RATE
UTION
$0.62
Email address Phone#
Email address Phone #
AMOUNT SAMPLE
$17.36
12/30/2020 eCPR Form Application
https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineFormPreFill.jsp 1/1 Your payroll submission request has been processed.
Please review the results of your submission. Should you have any questions please contact the eCPR unit at [email protected].
Contractor Name: Name of Contractor.
Contractor Address: Contractor Address
City, CA Zip Code Awarding Body: Name of Awarding Body
Project ID: 123456
Contract With: Name of Prime Contractor
Week Ending Date: 2020-12-20
Payroll Number: 1
Amendment Number: 0
4 employee payroll record(s) processed
Your Transaction ID is: 100000000
Print this Page
View your submission
Submit another set of payroll records
eCPR Online Confirmation
SAMPLE
- Insert -
DAVIS-BACON WAGE DETERMINATION
Notice
Basic Information
Details
Dates
Contact Information
Pre-Bidding Events
Bid Submission Process
Reference Number 0000399628
Issuing Organization City of Twentynine Palms
Owner Organization
Project Type RFB - Request for Bid (Formal)
Project Number ELM2025
Title Elm Avenue Tenant Improvement Project
Source ID PU.AG.USA.2499006.C14938376
Piggyback Solicitation No
Location San Bernardino County, California
Description The awarded contractor will provide all necessary tools, labor, and equipment to renovate the single-family home located at 6937 Elm Avenue in Twentynine Palms. The scope includes demolition, electrical and plumbing upgrades, installation of new cabinetry, flooring, drywall repair, painting, and finish carpentry. Additonal information is included in the Notice Inviting Bids.
Publication 09/24/2025 01:54 PM PDT
Question Acceptance Deadline 10/14/2025 01:00 PM PDT
Questions are submitted online No
Bid Intent Not Available
Closing Date 10/21/2025 10:00 AM PDT
Job-Walk Visit 10/09/2025 09:00 AM PDT
Richard Berger
760-617-0310
[email protected]
Event Type Job-Walk Visit
Attendance Mandatory
Event date 10/09/2025 09:00 AM PDT
Location 6937 Elm Ave Twentynine Palms, CA 92277
Event Note A mandatory Pre-Bid Conference followed by a job walk will be held at the project site located at 6937 Elm Ave., Twentynine Palms, CA 92277 on October 9, 2025 at 9:00 AM. Bids will not be accepted from any Bidder who does not attend the Pre-Bid Conference. Prospective Bidders will have the opportunity to review the interior and exterior of the single family dwelling, take measurements, and ask questions to City representatives.
Bid Submission Type Physical Bid Submission
Additional Bidding Instructions The City of Twentynine Palms (“City”) will receive sealed bids for the Elm Avenue Tenant Improvement (“Project”) at the office of the City Clerk no later than October 21, 2025 at 10:00 AM, at which time or thereafter bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for sixty (60) Working Days after the bid opening date.
BID OPENING LOCATION: 6136 Adobe Rd, Twentynine Palms, CA 92277 ELM2025 - Elm Avenue Tenant Improvement Project
09/24/2025 01:54 PM PDT Page 1 of5
Documents
Additional Pricing Information
Documents
The City of Twentynine Palms (“City”) will receive sealed bids for the Elm Avenue Tenant Improvement (“Project”) at the office of the City Clerk no later than October 21, 2025 at 10:00 AM, at which time or thereafter bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for sixty (60) Working Days after the bid opening date.
BID OPENING LOCATION: 6136 Adobe Rd, Twentynine Palms, CA 92277 Document Size Uploaded Date Language
Elm Ave Tenant Improvement Bid Docs .pdf [pdf] 1 Mb 09/24/2025 01:45 PM PDT English Construction Contract Labor Compliance Provisions (Attachment D) Rev. 3.2025.pdf [pdf]
4 Mb 09/24/2025 01:45 PM PDT English
General Decision Number CA20250001 09_19_2025.pdf [pdf] 169 Kb 09/24/2025 01:45 PM PDT English ELM2025 - Elm Avenue Tenant Improvement Project
09/24/2025 01:54 PM PDT Page 2 of5
Categories
Selected Categories
This copy of the NIGP Code is the property of the National Institute of Governmental Purchasing, Inc. (NIGP), is displayed and used by BidNet under license from Periscope Holdings, Inc. (the authorized sub-licensor of NIGP), and is protected under the copyright laws of the United States. It may not be copied or used (in whole or part) by any party unless such party is authorized to do so under the terms of a written license agreement entered into with NIGP or its authorized sub-licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated: January 2016
NIGP Categories (9)
150 BUILDER'S SUPPLIES
15049 Millwork: Counters, Custom-Made Cabinets, Shelves, Stairs, etc.
Millwork: Counters, Custom-Made Cabinets, Shelves, Stairs, etc. 914 CONSTRUCTION SERVICES, TRADE (NEW CONSTRUCTION)
91468 Plumbing
Plumbing
91444 Flooring
Flooring
91438 Electrical
Electrical
91461 Painting and Wallpapering
Painting and Wallpapering
91427 Carpentry
Carpentry
909 BUILDING CONSTRUCTION SERVICES, NEW (INCL. MAINTENANCE AND REPAIR SERVICES) 90948 Furnishings: Artwork, Cabinets, Furniture, Window Treatments, etc.
Furnishings: Artwork, Cabinets, Furniture, Window Treatments, etc. 910 BUILDING MAINTENANCE, INSTALLATION AND REPAIR SERVICES 91075 Wall and Ceiling Repair and Replacement (Including Drywalling) Wall and Ceiling Repair and Replacement (Including Drywalling) 91006 Carpentry Maintenance and Repair Services
Carpentry Maintenance and Repair Services
ELM2025 - Elm Avenue Tenant Improvement Project
09/24/2025 01:54 PM PDT Page 3 of5
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ELM2025 - Elm Avenue Tenant Improvement Project
09/24/2025 01:54 PM PDT Page 5 of5
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Nov 12 2025
SUBJECT: Award Construction Contract for the Split Rock Avenue Bridge Project.
RECOMMENDATION:
The City Council:
1. Review and approve the Plans, Specifications and Engineer's Estimate for the Split Rock Avenue Bridge Project;
2. Award a contract for the “Split Rock Avenue Bridge, Federal-Aid Project Number BR-NBIL (533); to Riverside Construction, in the amount of $3,208,829.00 and authorize a Ten Percent (10%) Contingency in the amount of $320,883, for a total amount of $3,529,712;
3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Split Rock Plans_Phase1
• Split Rock Technical Special
Provisions_Phase1
• 2177_Addendum 3_Complete
• 2177_Addendum 3_Plan
Sheets
• 2177_Contractor Q&A
• Contract for Construction
BACKGROUND:
Bids were received, opened, and publicly read on October 16, 2025, for the Split Rock Avenue Bridge, FederalAid Project Number BR-NBIL (533). The Project generally consists of providing necessary labor, equipment and Page 453 of 630 materials to replace the low water crossing on Split Rock Avenue, just north of State Route 62, with a bridge over the San Bernardino County Flood Control Channel. In addition, the contractor will provide sidewalk, curb and gutter, signing and striping, and storm drain improvements as specified in the specifications and the special provisions.
The bid results are as follows:
Company Bid Amount
Riverside Construction $3,208,829.00
*Beader Construction Co. Inc. $3,300,700.00
MWC Group Inc. $3,374,255.68
Powell Constructors Inc $3,433,339.00
Staff recommends awarding a contract for the “Split Rock Avenue Bridge, Federal-Aid Project Number BR-NBIL (533),” to Riverside Construction Co. in the amount of $3,208,829.00 and authorize a Ten Percent (10%) Contingency in the amount of $320,883, for a total contract amount of $3,529,712; Beader Construction Co.'s bid was rejected because their bid submittal did not include the final bid tabulation form and the acknowledgment that they received all the addenda.
ENVIRONMENTAL:
Caltrans approved the CEQA Exemption/ NEPA Categorial Exclusion on March 27, 2018 as part of the funding process.
ALTERNATIVES:
The City Council could reject the bids and re-advertise the project.
FISCAL IMPACT:
The Highway Bridge Program programmed $2,846,505.00 for the construction of the bridge and $388,160.00 for construction management costs. The City received an allocation of $419,085 from SBCTA to cover the City's required 11.83% match for the construction costs and construction management costs, from Measure I Major Local Highway Program, (MLHP) funds, to complete the project. The project costs are 100% reimbursable per our agreement with SBCTA.
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT 31
TITLE SHEET T-1
1 Page 455 of 630
ABBREVIATIONS SURVEY NOTES REMARKS MONUMENTS SAN BERNARDINO COUNTY STANDARD PLANS (SBC), LATEST EDITION PROJECT STANDARD SPECIFICATIONS PROJECT STANDARD PLANS CALTRANS STANDARD PLANS (CTSP), 2023 LEGEND OF IMPROVEMENTS TYPICAL CONSTRUCTION NOTES SURVEY CONTROL STATEMENT PROJECT CONTROL PERMANENT WATER POLLUTION CONTROL BMP'S CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 NOTES, LEGEND, AND ABBREVIATIONS 2 T-2 SAN BERNARDINO COUNTY FLOOD CONTROL (SBCFC), LATEST EDITION SAN BERNARDINO COUNTY SPECIAL DISTRICTS DEPARTMENT (SBCSDD), 2020 SAN DIEGO REGIONAL STANDARD PLAN, 2022
SPLIT ROCK AVENUE
BUENA VISTA DRIVE BAGLEY AVENUE
SPLIT ROCK AVENUE
BUENA VISTA DRIVE
SPLIT ROCK AVENUE
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT 31
TYPICAL CROSS SECTIONS XS3
1 Page 457 of 630
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 STREET IMPROVEMENT PLAN L4 1 PROFILE
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 STREET IMPROVEMENT PLAN L5 PROFILE 2 PROFILE
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - 6 1
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - 7 2
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - 8 3
SECTION EXPANSION JOINT PLAN
9 4 CURB AND GUTTER N.T.S. N.T.S. CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - N.T.S. DRIVEWAY TYPE A SECTION PLAN CONCRETE CURB TO DIKE TRANSITION CURB & GUTTER TO HMA DIKE N.T.S. N.T.S. N.T.S. DRIVEWAY TYPE B SECTION PLAN
10 1 PROFILE G- CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CHANNEL EXCAVATION PLAN SECTION A-A
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT 31
DRAINAGE PLAN D11
DRAINAGE PROFILES
D-1
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 DRAINAGE DETAILS DD- 121 MANHOLE
13 2 RSP AT HEADWALL SECTION A-A PLAN CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 DRAINAGE DETAILS DDPage 467 of 630 STOP
STOP CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 UTILITY PLAN U-1 14
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 TEMPORARY WATER POLLUTION CONTROL PLAN 15TWPC-1
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 TRAFFIC HANDLING PLAN TH-1 DETOUR DETOUR END DETOUR DETOUR SPLIT ROCK CLOSED AHEAD USE DETOUR ROAD CLOSED LOCAL TRAFFIC ONLY ROAD CLOSED SPLIT ROCK AVE. CLOSED FROM MONTH DAY YEAR TO MONTH DAY YEAR ROAD AHEAD CLOSED 16
STOP
STOP CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 SIGNING AND STRIPING PLAN SS- 17 1
CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CHANNEL IMPROVEMENT & CONSTRUCTION DETAIL18CI-1 PROFILE
1" = 10'
1" = 10'
NO SCALE
Elev = 2017.97
22+05.00 EVC
Elev = 2023.57
24+85.10 GB
+2.00%
1" = 5'
1'-0" 10'-0" 6'-0" 12'-0" 12'-0" 6'-0" 1'-9"
29'-0" 19'-9"
-2% -2% 2'-9"
CONCRETE SLAB
CIP P/T
22 23
DATUM Elev = 1990.00'
BB EB
Abut 1 Abut 2
: 100-YR WSE = 2014.10
CHANNEL INVERT
PROPOSAL
FUTURE
5'-6"
22 23
A
R
T
L
=
=
=
=
CURVE DATA
800.00'
551.77'
966.06'
A
PALMS HIGHWAY
TO TWENTYNINE
TO EL PASEO DRIVE
TOE OF SLOPE
CHANNEL
FLOOD
CONTROL
TWENTYNINE
PALMS
A
C
C
ESS R
O
A
D
ACCESS
ROAD
A
C
C
ESS R
O
A
D
10' 12'
12'
Elev = 2018.34
22+23.50 BB
2 3
GENERAL PLAN
TOP OF SLOPE, Typ
19 S - 1
PROFILE GRADE
DEVELOPED ELEVATION
PLAN
ROCK SLOPE PROTECTION
FUTURE CLASS V CONCRETED
Elev = 2019.80
22+96.50 EB
6'
6'
ACCESS
ROAD
TUBULAR HANDRAILING
TYPE 732SW WITH
CONCRETE BARRIER
STEEL PILES, Typ
HP 14x89 DRIVEN
RAILING
BICYCLE
WITH TUBULAR
TYPE 836
BARRIER
CONCRETE
1 LEGEND
NOTES:
fabricating any material.
field dimensions before ordering or
The contractor shall verify all controlling
For "PILE DATA TABLE", see "FOUNDATION PLAN" sheet.
"INDEX TO PLANS" sheet.
AND TYPE LIMITS" and "QUANTITIES", see
"GENERAL NOTES", "CONCRETE STRENGTH
For "INDEX TO PLANS", "STANDARD PLAN",
3. 2.
1. 1
TYPICAL SECTION
48'-9"
BRIDGE No. & year constructed
Paint "TWENTYNINE PALMS FLOOD CONTROL CHANNEL BRIDGE",
1 1.5
1 ROCK SLOPE PROTECTION
FUTURE CONCRETED
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
20 INDEX TO PLANS
S - 2
CONCRETE STRENGTH AND TYPE LIMITS
NO SCALE
DESIGN:
DEAD LOAD:
y
LIVE LOAD:
SEISMIC DESIGN:
SEISMIC LOAD:
REINFORCED CONCRETE: f = 60 ksi
vehicular loads.
HL-93, Caltrans' "Low Boy" and CA P-15 Permit, design
Includes 0.035 ksf for future wearing surface
S30
GENERAL NOTES
LOAD AND RESISTANCE FACTOR DESIGN
Period (sec)
c
f' =
n = 8
PRESTRESSED CONCRETE:
"GIRDER LAYOUT" sheet.
See "PRESTRESSING NOTES" on
Spectral Acceleration (g)
SHEET FOR CONCRETE STRENGTH
SEE "PRESTRESSING NOTES" ON "GIRDER LAYOUT"
STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER),
INDEX TO PLANS
STANDARD PLAN SHEET NO.
DETAIL NO.
B0-1
B0-3
B0-5
LIMITS OF PAYMENT FOR EXCAVATION AND
BRIDGE DETAILS
BRIDGE DETAILS
BRIDGE DETAILS
Sheet No. Title
A10A
A10C
A10B
A10D
ABBREVIATIONS (SHEET 1 OF 2)
ABBREVIATIONS (SHEET 2 OF 2)
A10E
LINES AND SYMBOLS (SHEET 2 OF 3)
LINES AND SYMBOLS (SHEET 1 OF 3)
LINES AND SYMBOLS (SHEET 3 OF 3)
A10H
LEGEND - SOIL (SHEET 1 OF 2)
LEGEND - SOIL (SHEET 2 OF 2)
LEGEND - ROCK
A10G
A10F
A62C LIMITS OF PAYMENT FOR EXCAVATION AND
BACKFILL BRIDGE
A62B
BACKFILL BRIDGE SURCHARGE AND WALL
B8-5 CAST-IN-PLACE POST-TENSIONED GIRDER DETAILS
CONCRETE BARRIER TYPE 732SW (SHEET 1 OF 2)
B11-59 CONCRETE BARRIER TYPE 732SW (SHEET 2 OF 2)
B11-58
B11-51 TUBULAR HANDRAILING
B11-79
B11-80
CONCRETE BARRIER TYPE 836 DETAILS NO. 1
CONCRETE BARRIER TYPE 836 DETAILS NO. 2
with California Amendments, preface dated April 2019
AASHTO LRFD Bridge Design Specifications, 8th Edition
Version 2.0, April 2019
CALTRANS SEISMIC DESIGN CRITERIA (SDC)
4.0 ksi
STRUCTURAL CONCRETE, BRIDGE (f'c = 4,000 psi)
B9-6 STRUCTURE APPROACH - DRAINAGE DETAILS
LOG OF TEST BORINGS NO. 2 OF 2
LOG OF TEST BORINGS NO. 1 OF 2
TUBULAR BICYCLE RAILING DETAILS
GIRDER LAYOUT
TYPICAL SECTION
ABUTMENT DETAILS NO. 3
ABUTMENT DETAILS NO. 2
ABUTMENT DETAILS NO. 1
ABUTMENT LAYOUT
FOUNDATION PLAN
DECK CONTOURS
INDEX TO PLANS
GENERAL PLAN
13. 12.
11. 10.
9. 8.
7. 6.
5. 4.
3. 2.
1. ARS CURVE
4.5 5.0
0.0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0
0.2 0.6
0.8 1.0
1.2 1.4
1.6 1.8
0.4 2.0
5% Damping
Peak Rock Acceleration = 0.61g
Moment Magnitude : 7.5
V = 1050 ft/s (320 m/s) and with near fault adjustments ARS Online Version 2.3.09 with
STANDARD PLANS DATED 2023
CONCRETE BARRIER (TYPE 836)
CONCRETE BARRIER (TYPE 732SW)
TUBULAR BICYCLE RAILING
BAR REINFORCING STEEL (EPOXY COATED)
BAR REINFORCING STEEL (BRIDGE)
STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER)
STRUCTURAL CONCRETE, BRIDGE
PRESTRESSING CAST-IN-PLACE CONCRETE
DRIVE STEEL PILE (HP 14 X 89)
FURNISH STEEL PILING (HP 14 X 89)
STRUCTURE BACKFILL (BRIDGE)
STRUCTURE EXCAVATION (BRIDGE)
Item Total
QUANTITIES
98 98
195
12,410
69,730
279
150
1 24
1,042
134
206
LF
LF
LF
LB
LB
CY
CY
LS
EA
LF
CY
CY
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
23 21
DECK CONTOURS
S - 3
EDGE OF DECK
EDGE OF DECK
X
X
22 �" = 1'-0"
BB
EB
PLAN
X
X
X X X X X X
X
X
X
X
X
X X X X
X
X X
X
X
X
X
Contour interval is 0.10'.
Contours do not include camber.
Denotes 10' interval along station line.
NOTES:
WWLOL
WWLOL WWLOL
WWLOL
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
2018
2018
2019
2019
2020
2020
2015
102 5
LEGEND
SCOUR DATA TABLE
Abut 2
Abut 1
Locations
Support
Scour Depth (ft)
Short Term (Local)
Scour Elevation (ft)
and Contraction)
Long Term (Degradation
0.0 0.0
FREQUENCY (Years)
WATER SURFACE (Elevation at bridge)
OVERTOPPING
DISCHARGE (Cubic feet per second)
A DRAINAGE AREA: N/A square miles
A
100 N/A
N/A
N/A
DESIGN FLOW BASE FLOW FLOW
HYDROLOGIC SUMMARY
CHANNEL
FLOOD
CONTROL
TWENTYNINE
PALMS
R
T
L
=
=
=
=
CURVE DATA
800.00'
966.06'
A
A
22 23
2 3
20'-5⅜ "
2003.00
2003.00
22+24.28
22+95.73
S - 4
22 FOUNDATION PLAN
PLAN
R/W
R/W
A
FREQUENCY (Years)
WATER SURFACE (Elevation at bridge)
OVERTOPPING
DISCHARGE (Cubic feet per second)
B DRAINAGE AREA: N/A square miles
B
100 N/A
N/A
N/A
DESIGN FLOW B BASE FLOW FLOW
50 7,489 6,000
2014.1 2012.8
50 4,709
2011.6
3,900
2010.7
Twentynine Palms Flood Channel Improvements.
A Interim conditions in effect at conclusion
B Ultimate conditions in effect at conclusion of Donnell Basin improvements ⅛" = 1'-0"
20'-2"
R = 771.00'
WWLOL
R = 819.75'
WWLOL
R = 771.00'
WWLOL
R = 819.75'
WWLOL
LOCATION
NOMINAL RESISTANCE
COMPRESSION TENSION
(KIPS)
Abut 1
PILE DATA TABLE
N/A
PILE TYPE
(FT)
ELEVATION
TIP
DESIGN
(FT)
ELEVATION
TIP
SPECIFIED
(KIPS)
RESISTANCE
DRIVING
NOMINAL
N/A
HP 14x89
Abut 2 HP 14x89
1996.80
1996.80
xxxx.xx Indicates bottom of end diaphragm.
Denotes vertical pile
200
210
DETAILS NO. 3" SHEETS
PLAN" AND "ABUTMENT
OUTLET, SEE "DRAINAGE
36" O RCP STORM DRAIN
1963 (d)
1971 (c)
1960 (a)
1963 (d)
1971 (c)
1960 (a)
1960
1960
200
210
the design tip elevations for lateral, and tolerable settlement.
The Specified Tip Elevation shall not be raised above
(c) Settlement; and (d) Lateral Load.
Design tip elevations are controlled by: (a) Compression; NOTES:
2. 1.
30'-1⅛ "
29'-7¾ "
551.77'
(BY OTHERS)
ABANDONED)
(TO BE
STEEL TPWD
Exist 8" Á
DETAILS NO. 3" SHEETS
PLAN" AND "ABUTMENT
OUTLET, SEE "DRAINAGE
24" O RCP STORM DRAIN
SBCFCD R/W
SBCFCD R/W
SBCFCD R/W
SBCFCD R/W
STORM DRAIN CLEAN OUT
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
B0-1 WWLOL
BARRIER NOT SHOWN
4" CHAMFER
1'-0" CHAMFER
6" 9" 1'-3" 1'-6"
BB or EB
#6 @ 12 *
8'-0"
#8 @ 6 * 6" Clr
#6 Tot 3
FG
#6 @ 12
LIMITS OF 18" O VOID, Typ
18" O VOID
¾" = 1'-0"
3. 2.
1. SEE "DETAIL A"
#6 @ 12 Max *
#6 @ 12 Max *
#6 TOT 8 **
#6 Tot 6
Const Jt
B B
"ABUTMENT DETAILS NO. 2" sheet.
For "SECTIONS A-A & B-B" and "DETAIL A", see
Roughen concrete surface at construction joint.
No backfill allowed prior to post-tensioning.
NOTES:
A A
S - 5
23 ABUTMENT LAYOUT
B0-1
WWLOL
SEE "DETAIL A"
TYPICAL ABUTMENT SECTION
RSP FABRIC
CLASS 8
FUTURE
ABUTMENT PLAN
¼" = 1'-0"
B0-1
2'-8"
"ABUTMENT DETAILS NO. 1" SHEET
SEE "STEEL PILE ANCHOR" ON
STEEL PILE HP 14 x 89,
ABUTMENT ELEVATION
¼" = 1'-0"
5"
"ABUTMENT DETAILS NO. 1" SHEET
SEE "STEEL PILE ANCHOR" ON
STEEL PILE HP 14 x 89,
FOR PLACEMENT
SECTION" SHEET
#7, SEE "TYPICAL
3" Clr
SECTION
STRUCTURAL
ROADWAY
Abutment 1 shown, Abutment 2 similar.
ROCK SLOPE PROTECTION
CLASS V CONCRETED
FUTURE ¼ TON
5'-6"
2'-0"
B9-6
DRAIN
GEOCOMPOSITE
HOLES
WEEP B0-3
3-1
"ABUTMENT DETAILS NO. 3" SHEET
OPENING FOR STORM DRAIN, SEE
#6 @ 12
*** PLACE PERPENDICULAR TO AND
** EXTEND TO EDGE OF ABUTMENT STEM.
POST TENSIONING ANCHORAGE.
HOOKS AND ADJUST AS NECESSARY TO CLEAR #5 *** @ 12 Vert & Horiz ALTERNATE HOOK LIMITS OF DISTRIBUTION Reinf
P/S BLOCKOUT
FG
12'-0" Abut
2 12'-0" Abut 1
12'-0" Abut
2 13'-6" Abut 1
4 @ 4'-3¾" = 17'-3"
1'-7¾"
PILE SPACING Abut 1 6 @ 4'-3¾" = 25'-10½"
4 @ 4'-3¾" = 17'-3" 2'-7"
1'-8¾"
PILE SPACING Abut 2 6 @ 4'-3¾" = 25'-10½"
DETAILS NO. 3" SHEETS
"DRAINAGE PLAN" AND "ABUTMENT
STORM DRAIN OUTLETS, SEE
36" Á RCP (ABUTMENT 2)
24" Á RCP (ABUTMENT 1)
FL Elev = 2010.58 AT Abut 2 FACE
FL Elev = 2009.95 AT Abut 1 FACE
21'-10" Abut 1
10'-4" Abut 2
ROCK SLOPE PROTECTION
FUTURE 60 lb CLASS II
1'-6"
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
2-#4
#4 @ 12
#9 @ 9 IF
#9 @ 9 0F
Reinf SHOWN
NOT ALL BARRIER
#9 @ 9 IF
#9 @ 9 0F
#4 @ 12
#4 Tot 2
1'-6"
C
C
WINGWALL ELEVATION
½" = 1'-0"
SECTION T-T
¾" = 1'-0"
B8-5
GIRDER DETAILS
POST TENSIONED
BLOCKOUT PLAN VIEW
¾" = 1'-0"
B8-5
GIRDER DETAILS
POST TENSIONED
P/S BLOCKOUT
BB OR EB
4" Min
END DIAPGHRAGM
REINFORCEMENT
ABUTMENT
PLAN VIEW @ EXTERIOR GIRDER
¾" = 1'-0"
Denotes bundled reinf
NOTE:
LEGEND
NOT CALLED OUT OR SHOWN.
SEE B8-5 FOR REINFORCEMENT
24 ABUTMENT DETAILS NO. 1
S - 6
T T
B8-5
GIRDER DETAILS
POST TENSIONED
BB OR EB
REINFORCEMENT
ABUTMENT
4" Min
END DIAPGHRAGM
TUBULAR HANDRAILING
TYPE 732SW WITH
CONCRETE BARRIER
½" EXPANSION JOINT FILLER
BARRIER JOINT AT BB OR EB.
GEOCOMPOSITE DRAIN
SECTION C-C (LEFT EOD)
¾" = 1'-0"
SECTION C-C (RIGHT EOD)
¾" = 1'-0"
1'-6"
#4 Tot 2
#9 @ 9 0F
#9 @ 9 IF
#4 @ 12
B11-80
FG
DRAIN
GEOCOMPOSITE
#11 Tot 2
#11 Tot 2
2-#11
3"
2" 0 HOLES
BOTTOM OF FOOTING
STEEL PILE ANCHOR
PLAN
ELEVATION
NO SCALE
60°
(EPOXY COATED)
3'-0"
3'-0"
#8 Tot 2
5"
WWLOL
WWLOL
TYPE 836 (EAST SIDE)
732SW (WEST SIDE)
CONCRETE BARRIER TYPE
AT ANCHORAGE
Abut Reinf
BUNDLE, Typ #6
AT ANCHORAGE
Abut Reinf
BUNDLE, Typ #6
Typ
B0-3
3-7
DRAIN OUTLETS
GEOCOMPOSITE B0-3
3-7
Typ
TYPE 836 ONLY)
(CONCRETE BARRIER
BLOCK TOP TAPER
APPROACH END
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
TYPICAL Abut Reinf
TYPICAL WINGWALL Reinf
#5 Tot 3
#5 Tot 3
#5 @ 9
2'-0"
#5 Tot 4 #5 Tot 4
3-#5
TYPICAL WINGWALL Reinf
#6 TOT 8 ** #6 Tot 7 **
#6 Tot 8 **
ABUTMENT DETAILS NO. 2
25 S - 7
TYPICAL VOID SLAB Reinf TYPICAL WINGWALL Reinf
TYPICAL WINGWALL Reinf
2'-0"
TYPICAL WINGWALL Reinf
#5 @ 9
DETAIL A
¾" = 1'-0"
SECTION A-A
¾" = 1'-0"
SECTION B-B
¾" = 1'-0"
#8 @ 6 *
#5 @ 9 #6 @ 12
2'-0"
#5 @ 9
*** PLACE PERPENDICULAR TO AND
** EXTEND TO EDGE OF ABUTMENT STEM.
POST TENSIONING ANCHORAGE.
HOOKS AND ADJUST AS NECESSARY TO CLEAR
#5 CROSS TIES ***
#8 @ 6 *
#6 @ 12 **
#5 @ 9
8'-0"
#5 @ 9
8'-0"
8'-0"
#5 @ 9
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
ABUTMENT DETAILS NO. 3
26 S - 8
ABUTMENT 1 SECTION AT STORM DRAIN
½" = 1'-0" ABUTMENT 2 SECTION AT STORM DRAIN
½" = 1'-0"
X
X
Y
Y
Elev = 2009.87'
INVERT
Elev = 2010.46'
INVERT
STORM DRAIN
24" O RCP 36" O RCP STORM DRAIN
SECTION X-X
½" = 1'-0" SECTION Y-Y
½" = 1'-0"
TYPICAL Abut Reinf
2-#8 Tot 4
8'-3", Typ
#6 x 4'-6" Tot 2
2-#8 x 5'-6" Tot 4
Jt FILLER
1" Exp
Jt FILLER
1" Exp
1" Exp Jt FILLER
#6 x 6'-0" Tot 2 1" Exp Jt FILLER
#5 Tot 6
1'-0"
2-#8 Tot 4
#5 Tot 6
1'-0"
TYPICAL Abut Reinf
2-#8 x 7'-0" Tot 4
SEE NOTE 1
4'-0"
SEE NOTE 1
4'-0"
SEE NOTE 1
2'-0"
SEE NOTE 1
2'-0"
NOTE:
BUNDLE BARS AS REQUIRED.
OF UTILITY OPENING IF WALL HEIGHT PERMITS.
A MINIMUM OF 60 BAR DIAMETERS ABOVE THE TOP
SAME AS OTHER VERTICAL WALL REINFORCEMENT AND TO
EXTEND THE ADDITIONAL BARS INTO THE FOOTING THE
BARS CUT BY THE OPENING. PLACE HALF ON EACH SIDE.
VERTICAL BARS CORRESPONDING IN SIZE AND NUMBER TO
1. STANDARD VERTICAL REINFORCEMENT PLUS ADDITIONAL
10'-0", Typ
S = 1.00%
S = 1.52%
Elev = 2010.58'
INVERT AT Abut FACE
Elev = 2009.95'
INVERT AT Abut FACE
PRIOR TO BACKFILLING BEHIND WALL
SHOWN. ALLOW CONCRETE TO SET
EXPANSION JOINT MATERIAL AS
FORM CONCRETE AROUND PIPE OVER
TO BACKFILLING BEHIND WALL
AROUND PIPE OVER JOINT PRIOR
WRAP AND SECURE GEOTEXTILE
1 1
1 1
OF ABUTMENT
FRONT FACE
OF ABUTMENT
FRONT FACE
PRIOR TO BACKFILLING BEHIND WALL
SHOWN. ALLOW CONCRETE TO SET
EXPANSION JOINT MATERIAL AS
FORM CONCRETE AROUND PIPE OVER
TO BACKFILLING BEHIND WALL
AROUND PIPE OVER JOINT PRIOR
WRAP AND SECURE GEOTEXTILE
Typ
4" Min
Typ
4" Min
GEOCOMPOSITE DRAIN, Typ
GEOCOMPOSITE DRAIN, Typ
B0-3
3-7
DETAIL ON "ABUTMENT LAYOUT" SHEET
SEE "ABUTMENT TYPICAL SECTION"
FOR Reinf NOT SHOWN,
DETAIL ON "ABUTMENT LAYOUT" SHEET
SEE "ABUTMENT TYPICAL SECTION"
FOR Reinf NOT SHOWN,
B0-3
3-7
FUTURE CLASS V CONCRETE ROCK SLOPE PROTECTION
S.P. 183-A. SEE "DRAINAGE PLAN" SHEET
PIPE THROUGH CHANNEL PER MODIFIED SBCFCD
FG
FG
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
1'-0" 1'-9"
GRADE
PROFILE
-2%
#5 Tot 2, Typ
#5 PLACED AS SHOWN
#7 PLACED AS SHOWN
P/S DUCT, Typ
18" O VOID, Tot 20
DUCT SPACING
AND VOID TIE DOWNS
CONTRACTOR DESIGNED FALSEWORK
*
*
Typ
1'-4½"
#5 @ 12. PLACE TRANSVERSE SLAB
B8-5
FLOATING DURING PLACEMENT
PREVENT VOIDS FROM
LONGITUDINAL Reinf TO VOIDS TO
DOWN TO FALSEWORK, AND TIE
TIE LONGITUDINAL Reinf
12'-0" 12'-0"
48'-9"
2'-9"
@ P/S DUCT, Typ
#5 STIRRUPS
SEE "GIRDER LAYOUT" SHEET
#5 @ 12. PLACE TRANSVERSE SLAB
-2%
2" Clr Typ
B11-58
#5 STIRRUPS, Typ
#7 Tot 3, Typ
1" CHAMFER, Typ
27 TYPICAL SECTION S - 9
TUBULAR HANDRAILING
TYPE 732SW WITH
CONCRETE BARRIER
WITH TUBULAR BICYCLE RAILING
CONCRETE BARRIER TYPE 836
TYPICAL SECTION
⅜" = 1'-0"
VOID HOLD DOWN DETAIL
⅜" = 1'-0"
10'-0" 6'-0" 6'-0"
EACH STIRRUPS
#9 Tot 2 AT
AT EACH STIRRUP
#4 @ 12 Max
B11-59
B11-51
HANDRAILING
TUBULAR
SHEET
"TUBULAR BICYCLE RAILING DETAILS"
TUBULAR BICYCLE RAILING, SEE
B11-79 B11-80
OPENINGS
FUTURE UTILITY
SEE "GIRDER LAYOUT" SHEET
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
EDGE OF DECK
EDGE OF DECK
Typ
3'-6"
BB EB
2'-7"
2'-0" 2'-0"
L Abut 1
Camber Line
CC
Does not include allowance
for falsework settlement ¼ span ½ span ¾ span L Abut 2
Profile Line
0.12'
0.17'
LI
0.5LI
NO MOVEMENT
DENOTES POINT OF
3" 3"
STIRRUP SPACING
@ 12 #5 OR 8"
@ 6
12 @ 6
12 GIRDER LAYOUT
S - 10
�" = 1'-0"
CABLE PATH
NO SCALE
NO SCALE
CAMBER DIAGRAM
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
VOID SPACING
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-0"
1'-8⅜"
2'-7"
VOID SPACING
23 Typ
3'-6"
28 PLAN
4'-7" 4'-7" 4'-7" 4'-2¼" 4'-7" 4'-7" 4'-7" 4'-7" 4'-7" DUCT SPACING 2'-0"
1'-8⅜"
2'-0"
1'-4½" 1'-4½"
=
11 Anchor Set
Total Number of Ducts
Contractor shall submit elongation calculations
based on initial stress at
One end stressing shall be performed from Abut 1
c
ci
Concrete: f'
f' =
5.0 3.5
ksi @ 28 days
ksi @ time of stressing
= times jacking stress.
270 KSI low Relaxation Strand:
kips
=
k = 0.0002 = 0.15
= ⅜ in.
the ratio of 10 to 9
between any two ducts shall not exceed exceed
The final force ratio (larger divided by smaller)
jack P = 9190
0.904
PRESTRESSING NOTES 0.12'
Abut 2
2'-9"
2'-9"
LIMITS OF #5 @ 12 TRANSVERSE REINFORCEMENT
TRANSVERSE REINFORCEMENT
10⅝" 10⅝"
4¾"
4'-7"
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
RAILING DETAILS
TUBULAR BICYCLE
S - 11
29 TUBE EXPANSION JOINT DETAILS
NO SCALE
WELDED SPLICE DETAIL
TYPE 836
TUBE CONNECTION DETAIL
BASE PLATE DETAIL
SHIM DETAILS
RAIL CAP DETAIL
SLEEVE DETAIL
ELEVATION
NO SCALE
NO SCALE
NO SCALE
NO SCALE NO SCALE
NOTES:
NO SCALE
B
B
DETAIL A
1" = 1'-0"
SECTION B-B
(MEMBER NOT SHOWN)
¼"
R=30"
R=40"
BC
3'-3" 4'-0" Min - 6'-7" C-C Max
1"
CONCRETE BARRIER
TOP OF DESIGNATED
ELECTROLIER
2'-4"
7"
SEE END BLOCK POST
SEE NOTE 3
EXPANSION JOINT,
SEE TUBE EXPANSION JOINT DETAILS
Min
1'-4"
FOR DESIGNATED BARRIER
SEE ELECTROLIER DETAILS
RAIL TUBE
SLIDING FIT INSIDE OF
 BENT THUS FOR
SLEEVE FORMED OF ¼"
AND FAR SIDE
½"Á HOLES NEAR
1�"
DETAILS
CONNECTION
SEE TUBE
TYPE 736
11"
9"
11"
9"
6"6"
4'-6
"DETAIL A"
SEE
DETAILS
PLATE
SEE BASE
DETAILS
SEE SHIM
5⅛"
3⅜"
HSS 2 X 2 X �
HSS 2 X 2 X �
HSS 3 X 3 X �
1'-3"
WITH LOCK WASHER
FOR ⅜"Á HEX BOLT
INSIDE OF SLEEVE
TACK WELD ⅜"Á NUT
2"
6"
1'-0"
NO SCALE
SLOTTED HOLE
½" X 2"
BACKUP PLATE
G
60°
@ 45°
VENT HOLE
G
¾"
�" PLATE
½" OR
MATCH JOINT
2½"
SLEEVE
END OF SLOTTED HOLE
⅜" HS BOLT
3 SIDES
60°
G
Typ SECTIONS
VARIES SEE
8¼"
¼"
1�" 5⅛"
1�" 5⅛"
8¼"
1�" X 1⅝" SLOT
 8¼ X 8¼ X ½
PLATE WASHERS, Tot 4
LONG W/NUTS AND 2" Á
⅝" Á THREADED ROD 12"
45°
¼
CL
 ⅛" X 2¼" X 8"
1⅝"
1�"
1�" 5⅛"
B11-79
B11-80
5. 4.
3. 2.
1. railing.
See Project Plans for limits of tubular bicycle
liers, or other rail discontinuities as noted.
is permitted near deck or wall joints, electrothan two posts except a short post spacing Top rail tube must be continuous over not less
width and increase sleeve length correspondingly.
joint width in tubes to match expansion joint
tubes spanning deck or wall joints. Increase
Tube expansion joints must be located in the
than 950'.
to fit horizontal curve when radius is less
Rail tubes must be shop bent or fabricated
Post must be normal to railing.
TYPE 80TYPE 732
EXTEND HSS 2 X 2 X �, 1'-0"
PLATE WASHER
SCREW W/NUT, & 2" Á
½" Á ROUND HEAD
NO SCALE
NO SCALE
1450 FRAZEE ROAD, SUITE 100, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:
CHECKED:
SCALE
VERT:
HORIZ:
RECORD DRAWING DATE:
NO.
DWG.
$FILEABBREV$
CITY OF TWENTYNINE
PALMS
ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890
SPLIT ROCK AVENUE
BRIDGE PROJECT
CAD FILE:
PROJECT NO. XXXXX
Exp. 6-30-26
31 NO. REVISION BY DATE
AS NOTED
AS NOTED
C. TORNACI
K. DANG
CIVIL
STATE OFCALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
CHARLES
G. TORNACI
S -
A. MOMENI
CHARLES TORNACI, PROJECT ENGINEER
3/31/2025
30 31
6 SPLIT ROCK AVENUE BRIDGE PROJECT
31 31
SPLIT ROCK AVENUE BRIDGE PROJECT
6
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 (most current available), Caltrans Standard Plans Dated 2023, Caltrans Revised Standard Plans (most current available), 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
___________________________________________________________________________________________________________________________ Registered Civil Engineer Date
STRUCTURES
___________________________________________________________________________________________________________________________ Registered Civil Engineer Date
JACQUELINE
LOCKHART
73256
12/31/2026
CHARLES
TORNACI
66058
06/30/2026
Technical Specifications
TABLE OF CONTENTS
STANDARD PLANS LIST .............................................................................................................................4 SAN BERNARDINO COUNTY STANDARD PLANS LIST............................................................................6 SAN BERNARDINO COUNTY FLOOD CONTROL STANDARD PLANS LIST ...........................................6 SAN BERNARDINO COUNTY SPECIAL DISTRICT DEPARTMENT STANDARD PLANS LIST................6 SAN DIEGO REGIONAL STANDARD PLANS LIST.....................................................................................6 ORGANIZATION ...........................................................................................................................................7 DIVISION I GENERAL PROVISIONS..........................................................................................................7 1 GENERAL..................................................................................................................................................7 2 BIDDING....................................................................................................................................................7 5 CONTROL OF WORK...............................................................................................................................7 6 CONTROL OF MATERIALS................................................................................................................... 14 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC........................................................... 16 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 16 12 TEMPORARY TRAFFIC CONTROL.................................................................................................... 16 13 WATER POLLUTION CONTROL......................................................................................................... 17 14 ENVIRONMENTAL STEWARDSHIP................................................................................................... 18 DIVISION III EARTHWORK AND LANDSCAPE....................................................................................... 20 19 EARTHWORK ...................................................................................................................................... 20 DIVISION V SURFACINGS AND PAVEMENTS....................................................................................... 20 36 GENERAL............................................................................................................................................. 20 39 ASPHALT CONCRETE........................................................................................................................ 21 DIVISION VI STRUCTURES..................................................................................................................... 22 49 PILING.................................................................................................................................................. 22 51 CONCRETE STRUCTURES................................................................................................................ 25 52 REINFORCEMENT .............................................................................................................................. 26 DIVISION VII DRAINAGE FACILITIES ..................................................................................................... 30 71 EXISTING DRAINAGE FACILITIES..................................................................................................... 30 DIVISION VIII MISCELLANEOUS CONSTRUCTION............................................................................... 31 72 SLOPE PROTECTION ......................................................................................................................... 31 73 CONCRETE CURBS AND SIDEWALKS............................................................................................. 31 DIVISION IX TRAFFIC CONTROL DEVICES........................................................................................... 31 DIVISION XI MATERIALS......................................................................................................................... 31 90 CONCRETE.......................................................................................................................................... 31 96 GEOSYNTHETICS............................................................................................................................... 32
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 A62D Excavation and Backfill - Concrete Pipe Culverts
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
Technical Specifications
D72F CIP Drainage Inlet Notes
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)
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 101-2 Protection Barrier
SP 101-3 Protection Barrier
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
SAN DIEGO REGIONAL STANDARD PLANS LIST
D-09 Storm Drain Cleanout – Type A
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 1-1.09:
This project is in a freeze-thaw area.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Replace section 5-1.13B with:
5-1.13B Disadvantaged Business Enterprises
5-1.13B(1) General
Section 5-1.13B applies to a federal-aid contract.
Technical Specifications
Use each DBE as listed on the DBE Commitment form unless you receive Department prior authorization for termination under section 5-1.13B(2)(c). Ensure that all subcontracts and agreements with DBEs to supply labor or materials are performed under 49 CFR 26.
Maintain records of subcontracts made with DBE subcontractors and records of materials purchased from DBE suppliers. Include in the records:
1. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
2. Date of payment and total amount paid to each DBE business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work.
Before the 15th day of each month for the previous month's work, submit:
1. Monthly DBE Trucking Verification form
2. Monthly DBE Payment form
If a DBE is decertified before completing its work, the business must notify you in writing of the decertification date within 15 days of decertification. Notify the Engineer and submit the DBE's decertification notice within 2 business days of your receipt. Upon work completion, complete a Disadvantage Business Enterprises (DBE) Certification Status Change form and submit within 10 days of Contract acceptance.
Upon work completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors form and submit within 10 days of Contract acceptance. The Department withholds the greater of 10 percent of the DBE commitment or $10,000 until the form is submitted. The Department releases the withhold upon submission of the completed form. If additional payments are made to a DBE after submittal of the completed form, submit an updated form to reflect such payments.
Failure to carry out requirements of 49 CFR 26 is a material breach of the Contract, which may result in the termination of the Contract or other remedy as the Department deems appropriate, such as:
1. Withholding monthly progress payments
2. Assessing sanctions
3. Applying liquidated damages
4. Disqualification from future bidding as nonresponsive 5-1.13B(2) Disadvantaged Business Enterprises
5-1.13B(2)(a) General
Section 5-1.13(B)(2) applies if a DBE goal is shown on the Notice to Bidders.
Certification as a DBE identifies if the business has the means to perform its work under assigned North American Industry Classification System codes and work codes applicable to the type of work the DBE will perform on the Contract. Certification does not ensure the DBE will perform a commercially useful function on the Contract.
You are responsible for ensuring each DBE listed on the DBE Commitment form performs:
1. The description and value of the subcontracted work or material supplied as committed
2. A commercially useful function under 49 CFR 26.55 for committed work or materials For DBE committed work, the Department only pays for work performed or supplied by the listed DBE and if a commercially useful function was performed by the listed DBE.
You are responsible to remediate noncompliant DBE work to meet your DBE commitment. Submit a DBE commitment remediation plan within 5 business days of the Engineer's request.
Pay your DBEs in conformance with section 5-1.13E.
Technical Specifications
Failure to promptly pay DBEs may result in a withholds corresponding to the value of the DBE's committed work from future progress payments. In addition, unpaid DBE amounts will not count towards your DBE commitment, which may result in equivalent withholds or deductions and a 2 percent penalty on the unpaid amount for every month payment is not made.
5-1.13B(2)(b) Commercially Useful Function
DBEs must perform a commercially useful function under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBEs value of work will only count toward the DBE commitment if the DBE performs a commercially useful function under 49 CFR 26.55.
Provide written notification to the Engineer at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. Include the DBE's name, contract work to be performed, and the location, date, and time of where their work will take place.
Within 10 days of a DBE initially performing work or supplying materials on the Contract, submit your initial evaluation and validation of their performance of a commercially useful function using DBE Commercially Useful Function Evaluation form. Include the following supporting information with your submittal:
1. Subcontract agreement with the DBE
2. Purchase orders
3. Bills of lading
4. Invoices
5. Proof of payment
Monitor your DBEs' performance of commercially useful function with quarterly evaluations and validations throughout their duration of work on the Contract using DBE Commercially Useful Function Evaluation form. Submit your quarterly evaluation and validation DBE Commercially Useful Function Evaluation forms by the 5th of the month for the previous three month's work. Include any additional supplemental supporting information with your submittal. If your DBE's work-start and -end dates for the Contract exceed a three-month period, regardless of time not on the Contract, quarterly evaluations and validations are required.
Notify the Engineer immediately if you believe the DBE may not be performing a commercially useful function.
The Department will verify your DBEs performance of commercially useful functions by reviewing your initial and quarterly DBE Commercially Useful Function Evaluation forms, your submitted supporting information, field observations, and through select Department evaluations. The Department may evaluate DBEs and their commercially useful function performance at any time during the Contract. In such instances, the Department will provide written notice to you and your DBE at least 2 business days prior to the evaluation. You and your DBE must participate in the evaluation. Upon completing the evaluation, the Department will share the evaluation results with you and your DBE. The evaluation results may include items that must be remedied upon your receipt. If the Department determines the DBE is not performing a commercially function you must suspend performance of the noncompliant work.
You and your DBEs must submit any additional commercially useful function related records and documents within 5 business days of Department request such as:
1. Proof of ownership or lease and rental agreements for equipment
2. Tax records
3. Employee rosters
4. Certified payroll records
5. Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents will result in withhold of payment for the value of work completed by the DBE.
Technical Specifications
If you and or the Department determine a listed DBE is not performing a commercially useful function in performance of their DBE committed work, suspend performance of the noncompliant portion of the work.
Submit a corrective action plan within 5 days of the noncompliant commercially useful function determination. The plan must identify how you will remediate when feasible or demonstrate commercially useful function compliance for the remaining portion of the DBE's work. Allow 5 days for plan review. The corrective actions must be implemented within 5 days of Engineer's authorization of your plan and prior to resumption of the noncompliant portion of the DBE's committed work.
If corrective actions cannot be accomplished to assure the DBE will perform a commercially useful function on the Contract, you may have good cause to request termination of the DBE under section 5-
1.13B(2)(c).
5-1.13B(2)(c) Termination
Termination of a DBE may be allowable for good cause reasons under 49 CFR 26.53(f)(3) with prior written authorization from the Department. You must provide documentation supporting good cause reasoning with your termination request. If the termination request is authorized by the Department, you must then either replace the DBE with another DBE or demonstrate good faith efforts to do so under 5-
1.13B(2)(d).
Use the following procedure to request the termination of a DBE or portion of their work:
1. Provide written notice to the DBE of your intent to use other forces or material sources and include one or more of the good cause reasons under 49 CFR 26.53(f)(3). Simultaneously send a copy of this written notice to the Engineer. Your written notice to the DBE must request they provide any response to both you and the Engineer.
2. Provide the DBE with 5 business days to respond to your written notice by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur. If the DBE does not respond within 5 business days, you may move forward with the request process as if the DBE had agreed to your written notice.
3. Submit your DBE termination request by written letter to the Engineer and include:
3.1. One or more good cause reasons identified under 49 CFR 26.53(f)(3) along with supporting documentation.
3.2. Your written notice to the DBE regarding the request, including proof of transmission and tracking documentation of your written notice.
3.3. The DBE's response to your written notice, if received. If a written response was not provided, provide a statement to that effect.
The Department will respond to your complete DBE termination request as follows:
1. Where the DBE has agreed in writing or fails to timely respond to your written notice, the Department will respond within 2 business days from receipt of your request.
2. Where the DBE has disagreed in writing with your written notice, the Department will meet with you and the DBE within 5 business days from receipt of your request. The Department will respond to your request within 5 business days from this meeting.
3. If you fail to provide a complete request for DBE termination the Department will identify deficiencies within 5 business days from receipt of your request.
If the Department authorizes your DBE termination request it will do so in writing.
Work performed by a firm other than the committed DBE or authorized replacement DBE without first obtaining Department authorization for termination will be a violation of these specifications and DBE federal regulations. Such violations will result in payment deductions for the value of the work associated with the noncompliant DBE commitment. In addition, if the committed DBE is also a listed subcontractor, the Department applies an additional penalty up to 10 percent of the value of the subject work as a permanent deduction.
Technical Specifications
5-1.13B(2)(d) Replacement
After receiving Department written authorization of your DBE termination request, you must obtain separate Department authorization of your replacement plan.
Your replacement plan must identify DBE replacement firms to perform the work or demonstrate that you have made a good faith effort to use DBE replacement firms. DBE replacement firms must:
1. Perform at least the same dollar amount of work as the terminated DBE to the extent needed to meet the DBE commitment
2. Possess certifications for the most specific available North American Industry Classification System codes and work codes applicable to the work the firm will perform on the Contract
3. Perform a commercially useful function under 49 CFR 26.55 Use the following procedure to request authorization of your replacement plan:
1. Submit a request to replace a DBE with other forces or material sources by written letter to the Department which must include:
1.1. Description of remaining uncommitted item work made available for replacement DBE solicitation and participation.
1.2. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
1.2.1. Quote for bid item work and description of work to be performed
1.2.2. Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
1.2.3. Revised Subcontracting Request form
2. If you have not identified a DBE replacement firm, submit documentation of your good faith efforts to use DBE replacement firms within 7 days of Department's authorization to terminate the DBE. You may request the Department's approval to extend this submittal period to a total of 14 days. The Department considers your documented actions taken to identify a DBE replacement firm in determining whether a good faith effort was made under 49 CFR 26 app A. Submit documentation of actions taken to find a DBE replacement firm, such as:
2.1. Search results of certified DBEs available to perform the original DBE work identified and or other work you had intended to self-perform, to the extent needed to meet your DBE commitment
2.2. Solicitations of DBEs for performance of work identified in 2.1
2.3. Correspondence with interested DBEs that may have included contract details and requirements
2.4. Negotiation efforts with DBEs that reflect why an agreement was not reached
2.5. If a DBE's quote was rejected, provide your reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
2.6. Copies of each DBE's and non-DBE's price quotes for work identified in 2.1, as the Department may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
2.7. Additional documentation that you believe supports your good faith effort The Department will respond to your complete replacement plan as follows:
1. If a DBE replacement firm has been identified and required documentation has been provided, the Department will respond within 2 business days from receipt of your plan
2. If a DBE replacement firm has not been identified, but good faith effort documents have been provided, the Department will respond within 5 business days from receipt of your plan
3. If you fail to provide a complete replacement plan, the Department will return your request and identify deficiencies within 5 business days from receipt of your plan If the Department authorizes your replacement plan it will do so in writing.
Submit a revised Subcontracting Request form if your replacement plan is authorized.
Technical Specifications
DBE committed work performed by a nonauthorized firm, will be a violation of these specifications and DBE federal regulations. Such violations will result in payment deductions for the value of the work associated with the DBE commitment. The Department will take a permanent deduction for the value of the DBE work that was not performed by the authorized DBE. In addition, if the associated work was also to be performed by a listed subcontractor, the Department applies an additional penalty up to 10 percent of the value of the subject work as a permanent deduction. 5-1.13B(3) Use of Joint Checks
You may use a joint check between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if you obtain prior approval from the Department for your proposed use of joint checks upon submittal of a DBE Joint Check Agreement Request form.
To use a joint check, the following conditions must be met:
1. All parties, including the Contractor, must agree in writing to the use of a joint check
2. Entity issuing the joint check acts solely to guarantee payment
3. DBE must release the check to the material supplier
4. Department must authorize the request before implementation
5. Any party to the agreement must provide requested documentation within 10 days of the Department's request for the documentation
6. 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).
Failure to comply with section 5-1.13B(3) 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.
Replace section 5-1.13E with:
5-1.13E Prompt Payment
Section 5-1.13E applies to all contracts.
Pay your subcontractors within 7 days of receipt of each progress payment under Pub Cont Code §§ 10262 and 10262.5. Pay duly authorized motor carriers of property in dump trucks for transportation charges under Bus & Prof Code § 7108.6. Pay other entities, such as material suppliers, within 30 days of receipt of each progress payment.
Each month, after the 15th and prior to 20th, submit the following payment information through the Department’s prompt payment monitoring system at https://caltrans.dbesystem.com:
1. Subcontractor’s or entity’s business name
2. Description of work performed
2.1. Bid item numbers or change order numbers
2.2. Written narrative of work performed
3. Value of work performed
4. Amount paid to subcontractor or entity
5. Withhold amount, if applicable
6. Explanation of withhold reasoning, if applicable
Your subcontractors and other entities may validate payments received using the prompt payment monitoring system.
Technical Specifications
If a subcontractor’s or other entity’s work is in dispute, provide a written withhold notification to the subcontractor or entity and the Engineer no later than 7 days after receipt of the corresponding progress payment that includes the following:
1. Value of the disputed work
2. Amount of the withhold being taken
3. Bid item numbers or change order numbers associated with the disputed work
4. Explanation of the deficiencies of the disputed work and how the corresponding value was calculated
5. Corrective actions to be taken for release of withheld amount The Department may request additional documentation from you to evaluate whether you applied the withhold in good faith. Submit requested documents within 10 days of receipt of request.
The Department may withhold the same amount of your withhold from a future progress pay estimate if the Department determines any of the following has occurred:
1. Withhold was not applied in good faith
2. Requested additional withhold documentation records were not provided
3. Payment information was not submitted through the prompt payment monitoring system
4. Required withhold notification was not provided
The Department may also apply a 2 percent penalty on the withhold amount for every month payment is not made.
Replace section 5-1.24 with:
You are responsible to for the accuracy of and to perform surveying adequate for construction. Preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, you must replace at your expense.
Dig all holes necessary for line and grade stakes.
Work includes providing digitized information and horizontal control of all hardscape construction items (curbs and gutters, walkways, stamped concrete, signs, adjoining AC pavement, etc.) shown on the plans. Provide the Engineer with the results of the survey and cut sheets before proceeding. Said surveying and staking must be performed by a land surveyor, licensed to perform said work in the State of California. All survey work must be performed to the satisfaction of the Engineer.
Comply with section 5-1.36D for existing survey monuments.
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
Technical Specifications
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6 CONTROL OF MATERIALS
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:
Technical Specifications
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 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
Technical Specifications
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 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace Section 7-1.02K(6)(j)(iii) with:
7-1.02K(6)(j)(iii) Unregulated Earth Material Containing Lead Section 7-1.02K(6)(j)(iii) includes specifications for handling, removing, and disposing of unregulated earth material containing lead. Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan. This material contains average lead concentrations below 80 mg/kg total lead and below 5 mg/L soluble lead and is not regulated by DTSC as a hazardous substance or a hazardous waste. This material does not require disposal at a permitted landfill or solid waste disposal facility. The RWQCB has jurisdiction over reuse of this material at locations outside the job site limits.
Unregulated earth material exists throughout the job site.
Lead is typically found within the top 2 feet of material within the highway. Reuse all of the excavated material on the right-of-way.
Handle the material under all applicable laws, rules, and regulations, including those of the following agencies:
1. Cal/OSHA
2. CA RWQCB, Region 7, Colorado River
3. ______________
4. ______________
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Technical Specifications
Add to section 12-3.11B(5)(b):
Provide two C50B(CA) construction project funding identification signs.
Legend for the type of project must be one line and read as follows:
BRIDGE CONSTRUCTION
Legend for the year of completion on project funding sign must read as follows:
YEAR OF COMPLETION ___
Add the following funding partner agency pictographs:
Partner funding agency Pictograph details
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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLLUTION CONTROL
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
Technical Specifications
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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
14 ENVIRONMENTAL STEWARDSHIP
Add to the end of section 14-1.02:
An ESA exists on this project.
Before starting job site activities, install temporary high-visibility fence 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:
Regulated Species
Burrowing Owl
Desert Tortoise
California Ayenia
Spear-leaf Matelea
Little San Bernardino Mountains
Linanthus
Wiggins’ Cholla
Replace item 1 in the 2nd paragraph of section 14-6.03A with:
Add to section 14-6.03A:
Species protection measures are for within the entire project limits.
Within the entire project limits, implement the following protection measures:
1. Prior to the start of construction, a focused botanical survey will be conducted during the blooming period [March-May] for special status plant species [California ayenia (Ayenia compacta), spear-leaf matelea (Matelea parvifolia) and Little San Bernardino Mountains linanthus (Linanthus maculatus ssp. maculatus)] within the BSA. If any of these species are discovered during the focused botanical surveys, the project biologist will coordinate with CDFW to determine appropriate project modifications to avoid, minimize or mitigate impacts to the species.
2. To avoid or minimize construction impacts to wiggins’ cholla near the project site, ESA fencing (orange construction barrier fencing) will be installed around special-status plant populations at least 20 feet from the edge of the population where feasible.
3. Environmental awareness training shall be conducted prior to the onset of project work for construction personnel discussing desert tortoise, its biology and how to proceed if there are any encounters within the work area.
4. Temporary tortoise exclusion fencing will be used to prevent entry by desert tortoises into the project area. Exclusion fencing will be installed following Service guidelines (2005) or more current protocol.
The project biologist will ensure that desert tortoises cannot pass under, over, or around the fence.
Technical Specifications
Project biologist must periodically check the fenced area to search for breaks in the fence and to ensure no desert tortoises have breached the fence. Preconstruction surveys for tortoise and tortoise signs will be performed within all proposed construction areas prior to the fence being installed. In addition, prior to ground disturbing activities beginning in a previously undisturbed or unfenced area, preconstruction surveys will be performed.
5. The project biologist will conduct a preconstruction desert tortoise survey within 24 hours prior to construction. If desert tortoise is found, construction activities must cease and the USFWS and CDFW must be contacted immediately to determine the best course of action.
6. The project biologist will monitor construction monthly for tortoise activity. If desert tortoise is found, construction activities must cease and the USFWS and CDFW must be contacted immediately to determine the best course of action.
7. Project personnel will carefully check under parked vehicles or equipment for desert tortoises before moving any vehicles or equipment. Desert tortoises found within the staging and/or construction areas will be allowed to move away from such areas to a location away from danger, on their own accord. Workers will not be allowed to capture, handle, or relocate tortoises. Project activities may recommence only once the desert tortoise is safely outside the Project Areas or required protected areas.
8. Construction and maintenance vehicles must not exceed 25 mph in tortoise habitat.
9. Open trenches, auger holes, or other excavations that may act as pitfall traps must be inspected prior to working in or around the excavation and prior to backfilling. Other excavations that remain open overnight must be covered to prevent them from becoming pitfall traps. Any animals found within the excavations will be relocated. Should any listed or sensitive species be found within these excavations, the appropriate wildlife agency must be contacted immediately and subsequent action must be performed under the direction of the lead wildlife agencies.
10. If a desert tortoise is injured as a result of project related activities, it must be immediately taken to a CDFW approved rehabilitation facility. The rehabilitation facility in the vicinity of Twentynine Palms is Living Desert Zoo and Gardens (760) 346-5694. Any veterinarian bills for such injured tortoises will be paid by the City of Twentynine Palms. The CDFW and USFWS must be notified within 5 calendar days of the incident. Notification must include the date, time, location and circumstances of the incident.
11. If a desert tortoise is killed by project related activities or found dead during construction, remains must be collected and frozen as soon as possible. CDFW and USFWS must be notified and a written report must be sent within five (5) calendar days of the incident. Notification must include the date, time, location and circumstances of the incident.
12. The project biologist will maintain a log during each monitoring visit and a post construction compliance report will be provided to the CDFW within 30 calendar days following project completion.
13. BMPs must be implemented and include a litter control program. The program would require all food scraps, paper wrappers, food containers, cans, bottles, and other trash be removed from the project area and to maintain covered trash containers regularly emptied/removed from the project site.
14. No firearms or pets will be allowed at the work area. Firearms carried by authorized security and law enforcement personnel are exempt from this term and condition.
15. A habitat assessment level survey will be conducted approximately 2 weeks prior to ground disturbing activities. The survey will aim to identify if burrowing owl have moved into the project area plus a 500 foot buffer since the initial habitat assessment level survey was conducted.
16. If a burrowing owl burrow is observed during pre-construction surveys the following will be implemented:
• Environmental awareness training will be provided prior to the onset of the project work for construction personnel to brief them on how to recognize burrowing owls and how to handle any encounters with burrowing owls;
• No fumigation, or use of treated bait or other poisoning nuisance animals in the area where burrowing owls are known to occur;
• Ground disturbance near observed burrow location will be conducted during the nonbreeding season of October 16 – March 31 with a 165 ft setback;
• The project biologist or the City will coordinate with CDFW to determine appropriate no-work buffer distances and additional avoidance and minimization measures.
17. Prior to arrival at the project site and prior to leaving the project site, construction equipment that may contain invasive plants and/or seeds will be cleaned to reduce the spreading of noxious weeds.
Technical Specifications
18. All hydroseed and plant mixes must consist of a biologist approved plant palate seed mix of native species sourced within 40 miles of the project area.
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.
Add to section 14-8.02:
Equip an internal combustion engine with the manufacturer recommended muffler.
Do not operate an internal combustion engine on the job site without the appropriate muffler. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION III EARTHWORK AND LANDSCAPE
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 19-7.02C:
Imported borrow placed within 4 feet of the grading plane must comply with the quality characteristics shown in the following table:
Quality Characteristic Test Method Requirement
Plasticity Index (max) California Test 204 12
Resistance (R-value) (min) California Test 301 --
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DIVISION V SURFACINGS AND PAVEMENTS
36 GENERAL
Technical Specifications
Replace section 36-4 with:
36-4 RESIDUE CONTAINING LEAD FROM PAINT AND THERMOPLASTIC 36-4.01 GENERAL
Section 36-4 includes specifications for performing work involving residue from grinding and cold planing that contains lead from paint and thermoplastic.
36-4.02 MATERIALS
Not Used
36-4.03 CONSTRUCTION
The residue from grinding or cold planing contains lead from paint and 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 that exceed thresholds established by the Health and Safety Code and 22 CA Code of Regs
3. Is not regulated by the Federal Resource Conservation and Recovery Act, 42 USC § 6901 et seq.
Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan.
36-4.04 PAYMENT
Not Used
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39 ASPHALT CONCRETE
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 PG 70-10.
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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VI STRUCTURES
49 PILING
Add to section 49-1.03:
Expect difficult pile installation due to the conditions shown in the following table:
Technical Specifications
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:____________________________________ __________________________________________________________ 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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51 CONCRETE STRUCTURES
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.
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.
Technical Specifications
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.
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.
Technical Specifications
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
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
Technical Specifications
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.
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
Technical Specifications
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.
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).
Technical Specifications
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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VII DRAINAGE FACILITIES
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:
Technical Specifications
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
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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION IX TRAFFIC CONTROL DEVICES
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION XI MATERIALS
90 CONCRETE