DOWNTOWN STREETSCAPE PROJECT
PHASE II 125 Spec No.2021-179
All PVC pipe shall be 20 foot laying lengths, unless otherwise shown on the Drawings.
The pipe manufacturer shall legibly mark pipe materials. Name and/or trademark of manufacturer, nominal pipe size in inches and OD base, Dimensional Ratio, AWWA Pressure Class, Test pressure for hydrotested pipe, AWWA Designation Number, and manufacturer’s name and/or standard reference number shall be printed on the pipe at 3 footintervals or less.
An affidavit shall be provided that all delivered materials comply with the requirements of AWWA C900 and these specifications.
77-2.02A(2) Ductile Iron Pipe (DIP)
Ductile Iron Pipe (DIP) shall be cement lined, new pipe conforming to AWWA Standard C151, pressure class 350. The pipe shall be furnished with either "Tyton Joints" or Mechanical Joints unless otherwise approved by the City.
All Ductile Iron pipe buried underground shall be encased with 8 mil (minimum) polyethylene film in tube form.
Polyethylene material and installation procedure for the encasement shall conform to AWWA C105 or most recent issue.
77-2.02B Pipe Joints and Fittings
In general, and unless otherwise specified or allowed by the City Engineer, all new water distribution system installations of 4" and larger shall be restrained with the use of thrust blocks. In lieu of, or in addition to concrete thrust blocks, approved mechanical restraint devices and/or harnesses may be used to restrain the system. 77-2.02B(1) PVC Pipe Joints
Joining of PVC pipe shall be with either elastomeric-gasket bell ends or couplings and shall comply with AWWA C900 pipe for 6-inch through 12-inch.
Elastomeric-Gasket Bell Ends: The bell ends shall be an integral thickened bell end (IB). When measured in accordance with ASTM D2122, the dimensions of the integral bell wall thickness at any point shall conform to the dimension ratio of the pipe except in the annular gasket ring groove and bell entry portions where the wall shall be at least the thickness of the pipe barrel.
All elastomeric gaskets shall be furnished by the PVC pipe manufacturer.
PVC Pipe Couplings: PVC pipe couplings shall be compatible with the PVC pipe. Couplings shall be furnished together with 2 elastomeric gaskets. All elastomeric gaskets shall be furnished by the coupling manufacturer.
Marking on the pipe couplings shall include the nominal size OD Base, PVC, AWWA Pressure Class, AWWA Designation Number, Manufacturer’s name and/or standard reference number, seal of the testing agency verifying the suitability of the coupling/ fitting for potable water service (e.g. NSF 61). 77-2.02B(1)a PVC Joint Lubricants
Joint lubricants shall be compatible with the pipe and elastomeric gaskets materials.
Lubricants shall be non-toxic and shall not support the growth of bacteria, impart a taste or odor to the pipe or adversely affect in any way the quality of water transported by the pipe when used in accordance with AWWA C605. Lubricants shall be certified to NSF 61 for use with potable water. Lubricant containers shall be labeled with the following trade name of the lubricant; lubricant manufacturer’s name; NSF 61 Certification mark. 77-2.02B(2) Fittings
All fittings for use with PVC pipe (except tees and crosses) shall be either thrust retrained using appropriately sized and designed concrete thrust blocks or mechanically restrained. Ductile-iron or gray-iron fittings may be used. The rubber rings shall be furnished by the manufacturer of the fitting.
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PHASE II 126 Spec No.2021-179
All tees and crosses used with PVC pipe shall have all flanged ends.
Reducers and elbows shall have flanged ends at connections to another fitting or to a valve and shall have mechanical restrained fittings to PVC pipe. Flanged ends shall be flat-faced and shall conform to AWWA C110.
All fittings with flanged ends shall be made of ductile iron. No PVC fittings with flanged ends shall be allowed. 77-2.02B(2)b Ductile Iron Fittings
Ductile-iron fittings for PVC pipe shall conform to either AWWA C110 (standard-style) or AWWA C153 (compact-style) except as herein modified and shall be compatible with the type and pressure class of pipe used.
Ductile iron fittings shall be coated with an approximately 1 mil thick standard petroleum-asphaltic material on the exterior and cement-mortar lined on the interior and in accordance with ANSI/AWWA C104/A21.4.
Unless otherwise approved herein, or by the City of Ukiah all ductile iron fittings shall be mechanical joint type. Flanged fittings shall only be used on above ground installations or on tees or crosses when attached to a flange (FL) x mechanical joint (MJ) valve or approved fitting, or as otherwise approved by the City of Ukiah.
Ductile-iron fittings with flange-joint ends shall be rated for 250 psi working pressure, minimum. Ductile-iron fittings with mechanical restraint devices shall have a minimum working pressure of 350 psi.
Cast markings on ductile-iron fittings shall include the AWWA Designation Number (e.g., for compact fittings, ANSI/AWWA C153/A21.53); pressure rating; nominal diameters of openings; manufacturer’s identification; country where cast; the letters “DI” or “Ductile”; number of degrees or fraction of the circle on all bends.
Restraint devices for mechanical joint fittings and appurtenances shall conform to either ANSI/AWWA C111/A21.11 or ANSI/AWWA C153/A2153. Mechanical joint restraint for PVC pipe such as “EBAA-Iron Series 2000V” manufactured by EBAA-Iron, or approved equivalent may be used for restrained joints. All restrained devices for mechanical joint fittings must be compatible by the pipe manufacturer. Requests and submittals for use shall be accompanied by supporting documentation. Information provided shall include, at a minimum, specifications of product, manufacturer's installation instructions, and compatibility acceptance from the pipe manufacturer.
All non-stainless-steel bolts, nuts and threads shall be coated with bitumastic paint or Permatex spray-on heavy duty rubberized under-coating or an approved equivalent. All nuts shall be fully tightened and surfaces to be coated dried prior to application. The use of an anti-galling agent is required on all stainless-steel bolts. 77-2.02B(2)c Steel Fittings
Steel fittings shall not be used with PVC pipe. To transition from PVC pipe to steel pipe, ductile-iron flange joint adapters shall be used.
77-2.02C Cut-in Tee or Cross
Contractor shall install a new tee or cross on an existing main, with or without valve(s), by "cut-in" at the location(s) shown on the Plans. In general, and to mitigate the necessity for prolonged shutdown times, the "cut-in assembly" shall be assembled as much as possible prior to shutting down the City's distribution system. Connection to the existing mains shall be by approved couplings as noted herein unless otherwise approved by the City Engineer. 77-2.02D Tracer Wire
Tracer wire shall be 12 AWG solid copper wire with a blue type lJF 60 mil insulation that is designed for use in the detection of underground utilities. Fasten the wire to the top of the pipe so as not to be displaced during backfilling operations, (one method of accomplishing this is to affix the wire to the top of the pipe with duct tape at approximately 10 feet intervals). Where splicing is required only watertight connectors shall be used, and shall be either Copperhead Snakebite, 3M DBR, or an approved equivalent.
77-2.02E High Density Polyethylene (HDPE) Water Service Tubing
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PHASE II 127 Spec No.2021-179
All HDPE water service tubing shall be blue copper tubing size (CTS) SDR9 tubing, and shall conform to both AWWA C90I and ASTM D273 7, and shall be either PE3608 -200psi tubing or PE4710 -250psi tubing. Tubing shall be continuously marked at a minimum with; manufacturer, size, specification information and manufacturing codes.
If soil contamination is suspected during construction the Contractor shall notify the Engineer prior to the installation of HDPE material. Use of HDPE material within or adjacent to areas of known contaminated soils is strictly prohibited. 77-2.02F Couplings
Connections to cast iron (Cl), polyvinyl chloride (PVC), or ductile iron (DI) pipe shall be made with mechanical joint solid sleeves. When connecting to asbestos cement (AC) and/or "over-sized" cast iron pipe, "wide range" style couplings from Ford, Smith-Blair, Romac or an approved equivalent shall be used.
Submittals are required for all couplings.
77-2.02G Gate Valves
Gate valves shall have ductile iron bodies and bonnets and resilient seated gates, and shall conform to AWWA Standard C509 and/or AWWA Standard C515 of the latest revisions. All gate valves, unless otherwise specified, shall be non-rising stem (NRS) type with O-Ring stem seals. Gate valves installed above grade or in vaults shall be equipped with an approved hand wheel. Outside screw and yoke (OS&Y) rising stem type gate valves shall only be installed where specified or approved by the Water Department.
All gate valves shall open in the counter clockwise direction. Where elevations on buried installations will not allow a minimum of six inches of cover over the valve nut, the Contractor shall submit for approval, by the Water Department, the installation of a horizontally installed gate valve with manufacturer installed bevel gearing. Bonnet direction of horizontally installed gate valves must be approved by the City and shall be recorded on the record plans.
The working pressure rating of gate valves shall meet or exceed the pressure rating of the pipe [C900 Class 165 (DR25)] Gate valve bolts and nuts shall be stainless-steel, and joint connection bolts and nuts shall be 304 stainlesssteel or coated as specified herein.
Gate valves shall be mechanical joint for AWWA C900 PVC Pipe unless otherwise approved by the Engineer.
New gate valves shown to be installed by "cut-in" on an existing main shall be done by removing a section of the existing main and installing the required gate valve, pipe and couplers. Sections of pipe used shall be at least 18 inches in length.
All exposed valve surfaces shall be coated with fusion bonded epoxy coated in accordance with AWWA C116.
Valves shall be certified to NSF 61 to be suitable for contact with potable water. All wetted materials shall be suitable for service with line content containing chlorine or chloramines.
When any part of the new water system is pressurized, all affected gate valves shall be at grade and accessible to City personnel at all times. Valves that require "valve stem risers" shall not be considered accessible unless the riser is in place and operational.
77-2.02H Valve Boxes, Vaults and Pits
Each gate valve shall be covered by a precast 8" valve box set flush with street surface with cast iron ring and cover marked "WATER".
Valve box riser pipe shall be installed centered over and plumb with the valve nut prior to final paving. If riser pipe needs to be lowered for paving it shall be cut by hand perpendicular to the axis of the pipe and free of jagged edges.The riser pipe shall extend into the bottom of the valve box a minimum of 2 inches and the upper section shall be no shorter than 1-foot in length.
If valve stem risers are required they shall be installed and checked for operation prior to paving.
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PHASE II 128 Spec No.2021-179
All meter boxes, vaults and pits shall be bedded on 3" minimum thick, 3/4" drain rock, or other approved clean material with minimum sand equivalent percent of 20, uncontaminated by native soil, against compacted or undisturbed base. The gravel bed shall extend to a 4" minimum beyond all sides of the meter box. Box shall be set flush with top of curb, sidewalk or ground, whichever is applicable. Addresses shall be clearly marked on top side lip of meter box with a permanent marking pen.
Meter boxes and vaults shall be set so that the reading lids are aligned over the meter registers as closely as possible. 77-2.02I Fire hydrants and Lateral Assembly
Unless stationing is specifically called out fire hydrant locations, as shown on the plans, are approximate and shall be field located with the Engineer's approval.
No bends are allowed in fire hydrant laterals without approval of the City of Ukiah.
Fire hydrants shall have two (2) 2-/1/2” hose outlets and one (1) 4-1/2” steamer outlet. All hydrants shall be Clow No. 76, or approved equivalent.
Fire hydrants shall be provided with a break-off check valve Clow Model LBI 400A or approved equivalent.
Before a public fire hydrant may be placed in service, a high velocity flushing of the hydrant lateral shall be witnessed and approved by City of Ukiah engineering personnel.
77-2.02J Air Release Valve
Air release valves and air and vacuum release valves shall be combination air valves (air valves) and conform to AWWA C512 and requirements shown on the contract drawings.
All air valves shall be submitted for engineer’s approval. 77-2.02K Coatings
77-2.02K(1) Gate Valves
All exposed valve and fitting surfaces shall be coated with fusion bonded epoxy in accordance with AWWA C116 except that the coating requirements specified therein shall apply to both interior and exterior surfaces. Fusion bonded epoxy coating shall be certified to NSF 61 for use with potable water. Coating dry film thickness shall be 8 mils minimum, 16 mils maximum.
Coated flange faces shall be uniformly coated and free of runs, blisters or other irregularities so as to not interfere with gasket sealing surfaces. Rejection of such valves shall be at the sole discretion of the City 77-2.02K(2) Hydrants
Hydrant interior surfaces shall be coated with fusion bonded epoxy in accordance with AWWA C550. Fusion bonded epoxy coating shall be certified to NSF 61 for use with potable water.
Coating thickness shall be 8 mils minimum, 15 mils maximum.
Hydrant buries and break-off spools with epoxy lining and coating shall be lined and coated in accordance with AWWA C116. Epoxy coating shall be certified to NSF 61 for use with potable water.
Paint all hydrants white.
77-2.02K(3) Air Valves
The interior shall be coated with fusion bonded epoxy in accordance with AWWA C550. Fusion bonded epoxy coating shall be certified to NSF 61 for use with potable water. Coating thickness shall be 8 mils minimum, 20 mils maximum. 77-2.02K(4) Ductile Iron Pipe
Buried ductile iron pipe shall be coated with an approximately 1 mil thick standard asphaltic material on the exterior and cement-mortar lined on the interior and in accordance with ANSI/AWWA C104/A21.4
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PHASE II 129 Spec No.2021-179
77-2.03 CONSTRUCTION
77-2.03A General
77-2.03B Excavation, Trenching, Backfill and Pipe Laying 77-2.03B(1) Excavation
All existing material that has been disturbed shall be removed from the trench prior to installation of new material. The Contractor shall promptly notify the Engineer of any field conditions that may affect alignment and/or grade.
All stumps and large roots encountered during trenching operations shall be removed to the satisfaction of the Engineer.
Where excavations occur within the drip line of any tree, the Contractor shall hand dig to protect tree roots. If necessary for installations, roots one inch in diameter or smaller may be cut neat by hand tool. Unless otherwise specified, cutting roots larger than one inch in diameter shall only be done with City approval.
It is the Contactor's responsibility to ensure that water system components are laid and bedded on sound, stable material. Where the bottom of the trench is found to be unstable, to consist of rock or boulders, or to include material which, in the opinion of the Engineer, is unsuitable for proper bedding of the main, the Contractor shall over-excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the main is laid, a new subgrade shall be prepared by backfilling with an approved material in layers of not more than 6-inches in uncompacted depth.
Unless otherwise specified, excess material from excavation shall become the property of the Contractor and shall be disposed of to the satisfaction of the Engineer. If the work is in existing City streets the excess material shall be removed from the site daily unless it has been preapproved for reuse.
Prior to disposal of any materials or operation of any equipment on sites provided by the Contractor for disposal of excess trench excavation owned by him, the Contractor shall submit to the Engineer written authorization for such disposal of materials and entry permission signed by the owners of the disposal site and the required permits.
All excavations shall be able to accommodate any typical compaction and testing equipment and personnel used to backfill the trench. If, in the opinion of the Engineer, typical methods cannot be used, the Engineer may require the use of a pneumatic Pogo Stick/Powder Puff type compactor at no additional cost to the City.
Blasting shall not be permitted unless fist approved of, in writing, by the City of Ukiah. 77-2.03B(2) Trenching, Backfill and Resurfacing
All trenching, backfill and resurfacing required for installation of water distribution system facilities shall be in accordance with all applicable City Standards, specifically Standard 320 and Section 19-3 of these Special Provisions or as modified on the plans, and approved by the City of Ukiah.
Trench resurfacing shall conform to Standard Drawing No. 320, the contract drawings and the Standard Specifications.
If existing utility crossings or other potential conflicts are shown on the plans or specified in other contract documents, the Contractor shall pot hole said areas prior to the start of pipe laying. If conflicts are discovered during this investigation the Engineer shall be notified immediately.
An air gap shall be in use at all times when dewatering to the sanitary sewer system.
The trench shall be opened sufficiently ahead of the pipe laying operations to reveal obstructions. Trench crossings shall be provided as necessary to accommodate public travel and to provide convenient access to adjacent properties. Flow shall be maintained in any sanitary sewers, storm drains, water lines, or water courses encountered in trenching.
All lateral services constructed under curb, gutter and driveway culverts shall be accomplished by use of a trenchless method approved by the Engineer, unless not practical due to existing utilities and other constraints in the field. Boring
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under sidewalks and/or concrete filled planter strips will not be allowed. Boreholes shall be only large enough to allow for the size of pipe to be installed. If the Contractor's operations disturb the supporting soil, the Engineer may require the removal and replacement of any undermined sidewalk, curb, gutter or culvert; and/or the use of temporary HMA patch at the Contractor's expense. The limits of curb and gutter replacement and any required doweling will be at the discretion of the Engineer.
Controlled low-strength material shall be placed at the locations shown on the plans and where cover is less than 3 feet unless otherwise specified herein, on the plans, or approved by the City of Ukiah. Controlled low-strength material shall conform to Section 19, 19-3.02G “Controlled low-strength material”, and a material submittal is required for approval. All excavations in a traveled way with controlled low-strength material backfill shall be plated or otherwise safely covered to allow for safe passage during curing.
Trenching operations shall be conducted in such a manner that will not disturb existing facilities. Existing utilities shall be supported in place with service maintained during construction. The Contractor shall incur all costs associated with repairs needed, in the opinion of and to the satisfaction of the Engineer, by any such damage due to their operations.
Five days prior to cutting into any traffic detector loop the Contractor shall notify and coordinate with the Engineer. 77-2.03B(3) Trench Bracing and Shoring
All bracing and shoring shall conform to the Division of Industrial Safety Construction Safety Orders. Prior to the excavation of trenches five feet or more in depth, the Contractor shall submit to the City Engineer, a detailed plan prepared by a licensed Civil or Structural Engineer showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trenches. A permit must be obtained from the State of California, Division of Industrial Safety and shall be submitted to the Engineer prior to starting the trench work.
The Contractor shall take all necessary measures to protect the workers and adjacent areas and structures from the hazards of the trenching or excavation operations.
Trench sheeting or boxes shall be withdrawn in such a manner as to prevent caving at the walls of excavations or damage to piping or other structures. Sheeting shall be completely removed from the trench and no backfill shall be installed against the sheeting before it is removed.
Trenching operations shall be conducted in such a manner that will not disturb the existing curb, gutter and existing utilities that are to remain in place.
77-2.03B(4) Removal of Water
Contractor shall provide and maintain at all times during construction ample means and devices with which to promptly remove and properly dispose of all water entering the excavations.
Where ground water occurs, pumping shall continue until back filling has progressed to a sufficient height to prevent flotation of the pipe. No main, valves, appurtenances, concrete foundations, or thrust blocks shall be laid in water. Water shall not be allowed to rise over concrete foundations or thrust blocks until the concrete has set not less than 24 hours. No water shall be drained into work built or under construction without prior consent of the City.
Water shall be disposed of in such a manner as to cause no property damage or not be a hazard to public health 77-2.03D(5) Pipe Laying
Prior to start of pipe laying, the Contractor shall expose the ends of the existing mains to determine individual lines and grades. New mains shall begin approximately 8 feet from and on the same line and grade as the existing main unless otherwise shown or approved. New mains shall be installed at minimum standard cover of 3 ft, or as shown on the Plans. Where, in the opinion of the Engineer, new mains cannot start on the same lines and grades and the existing main, restrained fittings shall be used to make grade and/or alignment transitions for tie-ins to existing mains. This does not eliminate the requirement for thrust blocking unless specifically specified elsewhere.
Tracer wire shall be laid on the top of and along the entire length of all water pipe and HDPE tubing and shall be extended to the surface at all valve locations, blow-offs and meter boxes sufficiently for locator equipment to be
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attached. Except where otherwise directed by the City Engineer, fasten the wire to the top of the pipe so as not to be displaced during backfilling operations, (one method of accomplishing this is to affix the wire to the top of the pipe with duct tape at approximately 10 feet intervals). Where splicing is required only watertight connectors shall be used, and shall be either Copperhead Snakebite, 3M DBR, or an approved equivalent.
All pipe stockpiled on the job shall be stored with the ends covered to prevent the entrance of foreign matter. The Engineer may reject stockpiled pipe with exposed ends.
Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for safe, convenient, and workmanlike prosecution of the work.
All pipe fittings and valves shall be carefully lowered into the trench in such a manner as to prevent damage to pipe coatings. Under no circumstances shall pipe or accessories be dropped or clumped into the trench. Before lowering and while suspended, the pipe shall be inspected for defects and the cast iron pipe rung with a light hammer to detect cracks. Any defective, damaged, or unsound pipe shall be rejected and sound material furnished. Cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to pipe. All pipe stockpiled on the job shall be stored with the ends covered to prevent the entrance of foreign matter.
Installation of all pipe joints shall be per manufacturer's recommendations and installation instructions, and all PVC bell and spigot joints, up to and including 8 inches, shall be assembled using the bar and block method. At any time and at no additional cost to the City the Engineer may require the use of a device to prevent "over-insertion" such as a MegaStop Series 5000 from EBAA Iron, or an approved equivalent. All joints that are, in the opinion of the Engineer, overinserted, shall be pulled back to the proper insertion point or removed and replaced at the Engineer's discretion. Any adjacent joint that may have been disturbed due to the over-insertion shall be allowed to be inspected by the Engineer and if required shall be pulled back or removed and replaced.
Whenever it is necessary either in vertical or horizontal plane, to avoid obstructions or when long radius curves are permitted, the amount of deflection shall not exceed the maximum recommended by the pipe manufacturer or that required for satisfactory jointing.
Each length of pipe shall be free of any visible evidence of contamination, dirt, and foreign material before it is lowered into its position in the trench, and it shall be kept clean by approved means during and after laying. Whenever pipe laying is not in progress, the open ends of installed pipe shall be closed watertight by mechanical plug, cap or other means approved by the Engineer to prevent the entrance of foreign material or small animals. Trench water shall not be permitted to enter the pipe.
If proper separation between water mains and non-potable pipelines, per the latest guidelines from the California State Water Resources Control Board cannot be maintained, the Contractor shall inform the Engineer immediately to get direction, unless direction has been already provided in the contract documents.
Proposed water main elevations may need to be adjusted in the field to allow for the required separation between nonpotable pipelines and other facilities. If water system components are proposed to be installed prior to sanitary sewer or storm drain components, the Contractor shall investigate for the possibility of conflicts or inadequate separation of facilities. The Contractor shall perform this investigation prior to water system installation and provide all relevant information in writing to the Engineer immediately upon discovery of any conflict. 77-2.03D(6) Water Main Lowering/ Over-Structure
Where shown on the Plans or as directed by the Engineer to lower or raise the alignment of the water main or 3" or larger service lateral using fittings, the alignment change shall be done in accordance with the drawings.
The lowering shall be installed as shown on the drawings and shall include restrained joints beyond the lowering to a calculated distance as directed by the Engineer.
The flame cutting of pipe by means of oxyacetylene torch shall not be allowed. 77-2.03E Water Service Laterals
The Contractor shall install new water service laterals per applicable City Standards at the locations shown on the Plans.
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Service laterals other than those shown or noted on the plans shall not be installed prior to obtaining approval from the City of Ukiah. Service laterals encountered in construction that will not be used shall be abandoned.
If a new water service lateral is replacing an existing lateral, the work shall include abandoning the old service lateral pipe or tubing, removal of curb stop valve(s), removal and disposal of old meter boxes, and removal, disposal and replacement of any existing sidewalk, curb and gutter as needed.
The Contractor shall locate the lateral and service connection in the field.
HDPE water services shall be one continuous length (no splices), from the water distribution main to the water meter. For water service laterals of other material types, the Contractor shall minimize joints as much as possible.
Water service connections to existing building service lines of 3/4" or 1" in size shall be HDPE as per Contract Drawings.
When an existing service line is found to be galvanized iron, an approved dielectric fitting shall be required. The use of PVC material as dielectric protection is not acceptable.
Except as required to comply with City Standards, bends and/or fittings shall not be installed under sidewalk or concrete planter strips.
Connections to existing water service lines shall be made 1 ft from building boundary.
Submittals are required on all material used for service tie-ins.
Submittals are required for all angle meter ball valve,, and the meter box shall be per Standard 301.
After the new water system is connected to the existing City water distribution system the Contractor shall purge the new service of air and sediment prior to new meter installation or the transferring of the existing water meter.
Prior to transferring an existing water meter, the Contractor shall notify the affected customer before shutting down their service. The Contractor shall coordinate this work to provide minimum customer out-of-service time and inconvenience. All existing water meter transfers and service tie-ins shall be witnessed by the field Inspector, and it is the Contractor's responsibility to coordinate this inspection.
The Contractor shall shut off any available property side valve on the existing service prior to cutting into the line and after the meter transfer, but prior to activating the new service, the Contractor shall notify the customer that the water is coming back on, then open the property side valve and flush the new service for a minimum of 5 minutes and until the water is clear and free of all air and foreign matter.
The existing building service line to be connected to may be metal or plastic and may not be the same size as the new service. The Contractor shall provide couplings, adapters and fittings as necessary to complete the connection to the new water service line.
77-2.03F Backflow Device Installation
The Contractor shall install new backflow prevention devices and enclosures at the location shown on the Plans or as directed by the Engineer.
The backflow preventer shall be Wilkins 975XL or Febco 825Y or approved equivalent. The backflow preventer enclosure shall be Strong Box Model SBBC-30AL or SBBC-30SS or approved equivalent.
Backflow prevention devices shall be installed per Manufacturer’s requirements. The Contractor shall purge the water service at the meter of air and sediment, prior to installation.
Submittals shall be required for all backflow devices and related materials.
After installation, the backflow prevention device shall be certified and tested by the City.
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77-2.03G Concrete Thrust Blocks
Unless other arrangements are made that are acceptable to the Engineer, the Contractor shall coordinate notification, and allow for visual inspection by the City, of all concrete thrust blocks.
Regardless of restrained joint requirements specified elsewhere or actual installation, concrete thrust blocks shall be installed behind all tees, when connecting to any existing line larger than 2" in diameter, and all other locations shown on the construction drawings. ..
Concrete thrust blocks and/or harnesses shall also be installed per applicable City Standard, and in addition to restrained joints, where the water main is 12" in diameter or larger and the static water pressure in the distribution system is 90 psi or greater.
Permanent concrete thrust blocks and/or harnesses restraints shall be installed at least 24 hours prior to reactivation of the water system when reactivation is required immediately after completion of any operation where a water system shut down is needed and temporary blocking is not feasible. If a joint restraint system can be installed to alleviate the need for concrete thrust blocks and protects the existing and new water systems, it shall be used in place of this requirement.
Wherever concrete thrust blocking is required, it shall be installed per City Standards 311 and 312 unless otherwise specified on the plans.
77-2.03H Abandon or Removal of Water Distribution System Components Water mains and service laterals larger than 1-1/2" shown on the plans to be abandoned shall be abandoned with concrete plug (8” min thick), compacted earth (12” min thick). . If the end of the pipe to be abandoned is connected in any way to an active main and allowed to stay in place with the approval from the City Engineer, the abandonment shall consist of a watertight cap or plug and proper restraint, and the location shall be recorded on the plans.
Existing water system components shall be removed where shown on the Plans, or to facilitate the progress of work. The Contractor must first receive written approval from the City Engineer prior to removing any component, fully or in part, that is active during construction, and the removed material shall be replaced to the satisfaction of the Water Department.
Prior to abandoning an existing main that will be replaced with a new main, all water services shall be transferred to the new and active main.
Leaded joints encountered on water mains that are to stay active within the limits of excavations shall be removed by the Contractor as directed by the Engineer. The Contractor shall remove the joints by cutting out the section of pipe containing the exposed joint and installing ductile iron pipe and approved couplers. The removed joint shall be handled, and disposed of according to the Contractor's State Licensing Law and all other applicable laws and regulations.
Tees or crosses shown to be removed on water mains that will remain in service, shall have the tee or cross, any related valves and thrust blocking removed, and the main shall be repaired with ductile iron pipe and approved couplers.
Barrels of existing fire hydrants to be removed shall be carefully separated from risers and buries by the Contractor, and the bury, if left in the ground, shall be capped or plugged in an acceptable manner. The hydrant only shall be delivered to the City's Public Works Corporation Yard located at 1320 Airport Road, unless the Contractor has obtained specific written approval by the City to otherwise dispose of the materials.
Remove all valve boxes and risers on abandoned mains and backfill and resurface using temporary AC. If any portion of a gate valve that is to be abandoned is in the structural section of the street, the valve must be fully removed and the pipe ends abandoned. Any valves not in the structural section of the street may be abandoned in place in the fully closed position.
All system components located behind curb and gutter, or edge of pavement where there is no curb or gutter, on laterals to be abandoned shall be fully removed to a minimum of 1' below grade, unless otherwise directed or approved by the Engineer. All voids shall be backfilled per City Standards and surfaced in an acceptable manner to match the surrounding area. Any sidewalk that must be replaced shall be temporarily patched with HMA Type A.
After a new water service lateral is installed on an existing main and the meter is transferred, the old service lateral shall be abandoned as specified herein.
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Any abandonment that requires a system shutdown, such as removing an old water service from an active main, shall be done under inspection by authorized City personnel.
77-2.03I Water main connections and Shutdown/ Service Notifications Upon completion of construction and testing of new water mains, service laterals and other appurtenances, tie-in connection(s) can be made by the Contractor under inspection by authorized City personnel.
Connections to the City's distribution system will not be scheduled until the Engineer has received documentation of all required passing bacteria tests.
77-2.03I(1) Notifications
The Contractor shall make a schedule request, to the Engineer, for any work which requires a City water distribution system shutdown, including, but not limited to, connection to the City's distribution system or a service hot tap.
The Contractor shall submit a separate written request to the Engineer to schedule each individual shutdown required to facilitate a tie-in connection or any other work where a shutdown may be necessary.
The Contractor shall submit written shut down requests at least 2 working days, and 3 working days in advance for residential and commercial shutdowns respectively. The City of Ukiah will attempt to facilitate shutdowns within these timeframes; however, extenuating circumstances may result in response times in excess of those mentioned above. Under such conditions, no claims related to work delays shall be considered.
All shutdowns and valve turning operations shall be performed by authorized City personnel only. Authorized City personnel must be present during any operation requiring a shutdown unless otherwise approved by the City Engineer and provided to the Contractor in writing. Connections to the City's distribution system shall not be performed without prior authorization by the Engineer.
Individual hot taps may be requested a minimum of 2 working days in advance, if the request is for multiple hot taps to be done on the same day the request shall be made a minimum of 5 working days in advance. The City will attempt to facilitate hot taps within these timeframes; however, extenuating circumstances may result in response times in excess of those mentioned herein. Under such conditions, no claims related to hot tap delays will be considered. 4" and larger hot taps or any size cut-in shall not be allowed within 4' of a joint unless first receiving written approval from the City Engineer. 4" and larger hot taps that are within 4' of a joint shall be replaced with a cut-in tee.
Any existing joint that is not specified to be replaced and is disturbed by the Contractor's operations may be require by the City Engineer to be removed and replaced with approved pipe and couplings under City inspection, and at no additional cost.
Excavations for individual tie-in connections and hot taps shall be completed as much as possible without causing damage to new or existing facilities and plated a minimum of 1 working day in advance of the scheduled work. If this requirement is not met the scheduled work will be cancelled. All connection materials shall be on site for inspection at the tie-in location the morning of the scheduled work.
Contractors who fail to keep field appointments shall be billed for City personnel and equipment time used, and the contractor shall bear the costs incurred by the City for notification of its customers for the subsequent appointment.
Interruption of service to commercial customers shall, as much as practical, be coordinated with the customer's needs. After notification by the Contractor for such a need, the City will contact commercial customers for service interruption needs and will inform the Contractor accordingly.
Contractors requiring work of any kind by City forces shall request such services a minimum of 48 hours in advance of the time such services are desired. Work requests, which will involve City forces for more than 8 hours or an extensive number of City supplied parts, shall be requested a minimum of 7 calendar days in advance.
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If it is necessary to terminate service to any customer, the contractor shall make the request for such work an additional 72- hours (three additional working days for a total of five working days advance notice) in advance of the time such services are desired to allow the customers affected to have a minimum 72-hour notice. 77-2.03I(2) Tie-ins
77-2.03I(2)a General
When installing a cut-in-tee or cross that is larger than the existing pipe, the new assembly shall be installed at the depth appropriate to the size of the "cut-in" tee or cross, and shall include all fittings, pipe and couplers required to make the change in grade and connections unless otherwise directed by the Engineer. Depth shall also be sufficient to allow any valve(s) that may be part of the assembly to remain below the subgrade of the street.
When a connection is required to an existing water pipe, the contractor shall provide all excavation, shoring, backfill and trench resurfacing per Section 77-2.03B.
All joints of a tie-in connection to the City's distribution system shall be mechanically restrained.
Where the connection is to be a "hot tap", the contractor shall provide and install the tapping valve and sleeve, and any other hardware required.
Full circle tapping saddles shall be used when hot tapping 10" and Larger PVC pipe with a static pressure of 85psi or higher.
Where a "cut-in" tee or cross and valve(s) assembly is required to be installed, the contractor shall provide and install the entire assembly (including valves), and any other hardware necessary under City inspection, and shall provide all other work and materials necessary to complete the installation to City Standards.
During the work, the Contractor shall exercise all necessary precautions to prevent the entrance of trench water or any other foreign material into the water main and appurtenances and shall conduct all operations in accordance with the most stringent sanitation practices. The interior of all appurtenances being installed, as well as the exterior of the pipe that will come into contact with the distribution water, shall be thoroughly swabbed with a 1 percent liquid chlorine solution prior to installation.
When connecting to an existing water main the Contractor shall install temporary and permanent thrust blocking, as necessary, for restraint and to allow for reenergizing of the water main immediately after all plumbing is complete.
When installing new components by "cut-in" to an existing PVC or ductile iron main, all new joints shall be mechanically restrained.
Pipe and fittings furnished for tie-ins shall be no smaller than the existing water main to which each tie-in is made. 77-1.03I(2)b Asbestos Cement Pipe (ACP)
Cutting of Asbestos Cement Pipe (ACP) shall be done utilizing a Pipe Cutter (snapper), of the proper type and size for the intended use. A ratcheting hand snapper shall only be used on ACP sizes of 6 inch and smaller. The "snapper", and all appurtenances shall have been inspected by the Contractor to ensure that it is in good working order prior to use.
If field conditions require an alternative method for cutting the ACP, the alternative method shall comply with all laws and requirements as specified by OSHA, the Contractor's State Licensing Board, and any other governing body for this type of work.
In all cases, cutting, handling and disposal shall be done per the above stated governing bodies. Cut pipe shall be properly enclosed as soon as possible after removed from the trench. 77-2.03J Construction Water
All water required for the performance of work shall be legally obtained and furnished by the Contractor. Construction water for the work under this contract will not be furnished by the City.
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Construction water shall be obtained from the City water system only at the point(s) designated by the Engineer. Contractors are prohibited from operating gate valves or fire hydrants on the City system.
At no time shall water trucks or any other unapproved vessel be used in the application of loading water mains unless first approved of by the City.
Prior to obtaining water from the City's water system the Contractor shall obtain a Water Use Permit and rent a hydrant. This can be done by contacting the Public Works Department. The Contractor is responsible for any deposits required, permits and moving fees, and the cost of all water used. Deposits shall be refunded upon removal of the meter by City forces, less any charges for water used. Any damage to the meter may result in forfeiture of all or part of the deposit.
Unmetered connections are not permitted to the City of Ukiah water system. Such connections shall be severed by the Water Department and will result in penalties including payment of fines and estimated water usage fees.
Use of water obtained from unmetered fire hydrants or other facilities is a violation of City ordinance and State law. Use of construction water from sources other than the City Water System must be approved by Engineer.
Citations and fines will be levied for violation of these and other utility regulations and deductions will be made from progress payments if necessary.
77-2.01K Payment
Refer to Section 9
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78 INCIDENTAL CONSTRUCTION
Add to section 78-2.01:
Survey monument adjustments shall conform to the provisions in Section 78-2, “Survey Monuments,” of the Standard Specifications, and these Construction Details. This item of work shall consist of resetting cast-in-place Portland cement concrete survey monument at the location shown on the Plans, as directed by the Engineer, and these Construction Details.
The survey marker disk for the survey monument will be furnished by the City at the site of the project. The exact location of the monuments will be established by the Engineer and upon completion, the monuments will be checked and the center point stamped by the Engineer.
Waste materials generated by resetting survey monuments shall be disposed of in accordance with the requirements of Section 14-10, “Solid Waste Disposal and Recycling,” of the Standard Specifications.
The concrete portion of monuments shall be constructed in accordance with the provisions in Section 51, “Concrete Structures,” and Section 90, “Portland Cement Concrete.” Concrete shall be minor concrete. A one-inch maximum aggregate shall be used.
Any monuments which will or may be disturbed by construction activities or are replaced as part of the project must be tied out and corner record filed prior to construction. The Contractor will not be required to file corner records. The Contractor MUST receive clearance from the Engineer in writing prior to disturbing any monument.
All work associated with resetting survey monuments is the responsibility of the Contractor, including any costs associated with the work.
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79 RESERVED
No Changes
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80 FENCES
No Changes
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DIVISION IX TRAFFIC CONTROL FACILITIES
81 MISCELLANEOUS TRAFFIC CONTROL DEVICES
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 82 SIGNS AND MARKERS
Add to section 82-9.03A:
In paved areas, the metal post shall be removed, the foundation removed to 4 inches below grade, and the surface repaired.
In unpaved areas, metal posts and foundations shall be removed in their entirety and the hole backfilled where the post and foundation has been removed.
Relocate roadside signs to locations shown on the Plans. New and relocated signs shall be installed on removable posts per City Drawing No. 120. New sign panels shall conform to the requirements in the California Manual on Uniform Traffic Control Devices, latest edition. Signage shall conform to Section 56 in the Caltrans Standard Specifications, 2018 Edition. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
83 RAILINGS AND BARRIERS
No Changes.
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84 MARKINGS
Add to section 84-2.01A:
All pavement legends and traffic striping shall conform to the forms and dimensions in the Caltrans Standard Plans and Specification, 2018 Edition, and the California Manual on Uniform Traffic Control Devices, latest edition, including CA Traffic Control Devices Committee additions regarding green bike lanes, and be thermoplastic, unless otherwise noted.
Add to section 84-2.01B:
Green Colored Pavement Markings: Delineation used to enhance the conspicuity of locations where vehicle/cyclist conflicts may occur. May refer to areas of bicycle lanes, extensions of bicycle lanes and bicycle detection boxes.
Add to section 84-2.01C:
For Green Colored Pavement Markings, submit Certificate of compliance, including the product name, lot or batch number, and manufacture date.
Add section 84-2.02I:
Green Colored Pavement Markings
Green markings shall be color E-F Bike Lane Green. Markings shall conform to standards for Durable Liquid Pavement Marking (DLPM) and be Methyl Methacrylate (MMA).
Add to section 84-2.03A:
The Contractor shall physically tie down the location of the beginning and ending of each paint or thermoplastic marking type in the adjacent curb top. The marking location shall not exceed fifty square inches each. Any locations exceeding this limit
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shall be removed by the Contractor prior to acceptance of the work. The Contractor shall contact the Engineer for review of tie downs.
The Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows, and other markings in accordance with the Plans.
Temporary tab markers shall be placed not more than six (6’) feet apart on curves nor more than twelve (12’) feet apart on straight segments.
Temporary tab markers (floppies) shall be the same color as the permanent traffic stripe that they are replacing, shall measure two (2”) inches tall by three and one-half (3-1/2”) inches wide, and have a reflective lens across the width of the marker. Temporary tab markers shall be placed before the lane is opened to traffic, unless otherwise approved by the Inspector.
Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope.
Prior to application of permanent striping and markers, the Contractor shall call for review and approval of the proposed striping by the Engineer. The Engineer shall have the right to make changes in the location and alignment of line stripes.
Striping and traffic markings shall not be applied until after approval is granted by the Engineer. The Contractor shall allow a minimum of three (3) working days for review of the layout by the Engineer.
Permanent traffic striping and markings including legends and arrows shall be placed within twenty-one (21) days after paving or surfacing, unless otherwise directed by the Engineer.
Temporary marking tape or temporary tab markers denoting crosswalks shall be placed the same day that the pavement surfacing is placed. Temporary tab markers denoting crosswalks or limit lines shall be placed at intervals not to exceed three (3’) feet.
Failure to comply with these requirements shall result in a liquidated damage of $150 per day for each street that has not received permanent installation of the required raised pavement markers, traffic striping, and markings.
Add to section 84-2.03B:
In areas adjacent to the reconstructed surfacing where existing striping must be changed to conform to a revised striping pattern, conflicting striping shall be removed by sand blasting, grinding, or other methods as specified in the Standard Specifications or by the Engineer. Removal of existing striping and markings shall not materially damage the underlying pavement.
Existing striping and markings that are to remain in place shall be protected from damage in accordance with Section 84-
1.03B of the Standard Specifications. The Contractor shall replace all striping which has been damaged or obliterated by or during the work. This shall include striping replacement completely across the street even in the event that the Contractor’s work may not extend that far. Both lines of each crosswalk shall be completely repainted even if only a portion of a line has been obliterated.
When the Contractor’s work removes or reduces the visual appearance of a lane or center line, the Contractor shall replace all striping between the adjacent intersections in both directions. Where a median exists, this work will be required only in the roadway where the work has occurred, unless a detour which altered the pavement markings occurred in the other roadway.
In such cases, the striping will be replaced in both directions.
Add to section 84-2.03C(2)(a):
No primer or thermoplastic shall be installed within forty-eight (48) hours from the last measurable rain report as provided by the Engineer.
Add to section 84-2.03C(5)
Green Colored Pavement Markings
Install per product manufacturers recommendations.
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Primer is needed on any Portland cement concrete areas receiving green markings. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
85 RESERVED
No Changes
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DIVISION X ELECTRICAL WORK
86 GENERAL
Add to section 86-1.02B:
The conduit in a foundation and between a foundation and the nearest pull box shall be Type 1.
All primary electrical conduit shall be Type 3 for all conduit and fittings. All elbows and sweeps shall be a minimum 36” radius. Long Line Couplings shall be used. Flex adapters or PVC Flexible Couplings shall not be used.
All street light conduit shall be Type 3 for all conduit and fittings. All elbows and sweeps shall be minimum 24” radius.
Existing street light conduit may require splice with Type 3 conduit, with elbows and sweeps to be a minimum 24” radius.
Add to section 86-1.02C:
All existing pull boxes to receive new conductors and/or conduits shall be cleaned out, all existing grout removed, and the bottoms re-grouted with a drain hole or the boxes replaced to meet current State Standards.
All street light pull boxes / junction boxes shall be No. 5 (17”x30”x18”) with penta head coil nuts and bolts. All street light pull box / junction box covers shall be labeled “Electric.”
Add to section 86-1.02F(2)(c)(iii):
Loop wire shall be Type 2.
Add to section 86-1.02J:
Type 1 standard pole shall be 15’ tall decorative aluminum post and casted in one-piece. The 18 ¼” wide octagonal cast aluminum base shall have flat sides with eight recessed panels in the base. It shall taper into the shaft and gently transition into flared top section. It shall be made of heavy wall, 356 alloy cast aluminum. It shall have a 1” thick floor cast as an integral part of the base. The model shall be Sternberg Lighting Number #9300TO. The pole shall be U.L. or E.T.L. listed in U.S. Four ¾” diameter, hot-dipped galvanized “L” type anchor bolts shall be provided with the post for anchorage. It shall be secured with tamper proof, stainless steel hardware. Post shall be provided with a grounding stud mounted on the base floor opposite the access door.
Type 2 standard pole shall be 16’ tall decorative extruded aluminum post and made from one-piece. Pole shall be seamless 4” round tube of extruded aluminum and welded over a 8 5/8” round seamless extruded-aluminum pole base. The assembly is welded to both the top abd bottom of a cast aluminum anchor plate. A 4 ½” by 10” maintenance opening is complete with cover and copper ground lug. The Decorative base cover made from cast-aluminum pieces mechanically assembled together with stainless steel hardware around base of the pole. The model shall be Phillips Lumec RA61.
Paint equipment as follows:
a. All traffic signal poles and equipment (with the exception of video detection, dome-style cameras, and other items noted below) furnished and installed by the Contractor shall be painted as noted on the plans, per these specifications. If electrical equipment is installed by the Contractor, the equipment shall be factory painted. Existing equipment worked on by the contractor, or noted as to be painted shall be painted.
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b. All painted equipment which has been relocated shall be painted as directed by the City. All paint used on the job site shall be provided in the original container identifying the grade, trade name, number and manufacturer, and shall conform to the requirements of specifications on painting, or as directed by the City.
c. All paint shall be applied evenly and smoothly by skilled craftsmen by either hand brushing or approved spraying equipment, allowing no surplus to accumulate, except that no spraying shall be done at the job site. The work shall be done in a neat and workmanlike manner, and the use of brushes for the application of paint shall be required when paint spraying proves to be unsatisfactory or otherwise objectionable. Poor workmanship resulting in spotting, peeling, cloudiness, discolorations, etc., shall be rejected and re-done by the Contractor at no cost to the City. d. The thickness of each paint coat (two required) shall be limited to that which will result in uniform drying throughout the paint film. Skips, holes, thin areas, or other deficiencies in any one coat of paint shall be corrected before the succeeding coat is applied.
e. The final coat of paint shall present a sags or excessive brush rnarks, smooth surface, uniform in color, free of runs.
f. Prime Painting
1. First Coat: One application of a zinc dust-zinc oxide paint conforming to the requirements of Federal Specification TT-P641, Type II, applied immediately following the completion of all prepainted preparations.
2. Second Coat: One application of a pre-treatment vinyl wash primer conforming to the requirements of the 2010 Caltrans Standard Specifications Section 86-2.16. The vinyl wash primer shall be applied by spraying or brushing to produce a uniform wet surface. g. Finish Painting
1. Two separate and complete applications of finish paint shall be applied, unless otherwise noted on the plans or in these specifications. Paint for the first application shall be tinted with a compatible coloring agent to slightly contrast with the color of the final application.
2. The finish paint color for all signal heads and visors shall be Dark Olive Green color (Caltrans Color Chip No. 68) in accordance with the 2010 Caltrans Standard Specifications Section 86-
2.16. 3. The inside of visors and louver vanes shall be painted a luster black in accordance with Caltrans Standard Specification.
4. Steel signal standards and signal arms shall be painted, as noted on the plans, or these specifications.
5. All poles shall be painted “Black” as selected by the Engineer.
6. Contractor shall submit a paint sample to the Engineer for approval prior to ordering of factorypainted poles or application of paint to existing poles on State Street.
Replace section 86-1.02K(2) with:
Type 1 standard light fixture is a Sternberg Lighting Main Street Series Part Number: PT-MS805B-3-XRLED-12L35T4- MDL14-FHD. It shall be appointed with a cast aluminum 6 ½” spiked finial. The fixture shall be provided with a heavy wall cast aluminum fitter that can accept a 3”, 4”, 5”, 6”, or 7” OD pole. The fitter shall be attached by setscrew to the pole top.
Type 2 standard light fixture is a Philips Lumec Domus with mounting arm Part Number: DMS50-35W32LED3K-TACDR-240-DMG-PHXL-JR. Housing shall be round shape made of cast A380 aluminum with a watertight grommet. It shall mechanically assembled to the bracket with four bolts 5/16 18 UNC. This suspension system permits for full rotation of the luminaire in 90 degrees increments. Mounting arm shall feature two 2” by 3” rectangular aluminum extrusions, welded on both sides to the central pole adaptor and to the luminaire adaptor. Mounting arm shall have 4” OD extruded aluminum luminaire adaptor welded to the arm for luminaire mounting.
LED luminaire must:
1. Be self-contained, not requiring assembly.
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2. Comply with UL 1598 for luminaires in wet locations.
3. Have a power supply with:
3.1. ANSI/IEC rating of at least IP65.
3.2. 2 leads to accept standard 0-10 V(dc).
3.3. Dimming control compatible with IEC 60929, Annex E. If the control leads are open or the analog control signal is lost, the circuit must default to 100-percent power.
3.4. Case temperature self rise of 77 degrees F or less above ambient temperature in free air with no additional heat sinks.
4. Weigh no more than 40 lb.
5. Have a minimum operating life of 63,000 hours when operated for an average time of 11.5 hours at an average temperature of 70 degrees F.
6. Be designed to operate over a temperature range from -40 to 130 degrees F.
7. Be operationally compatible with photoelectric controls.
8. Have a correlated color temperature range from 3,500 to 6,500 K and a color rendering index of 65 or greater.
9. Have a maximum-effective projected area of 1.4 sq ft when viewed from either side or end.
10. Be finished in the manufacturer’s standard bronze polyester powdercoat.
11. Be provided with a color-matched twin-arm pole-top mount suitable for a round pole.
12. Be provided with a color-matched round, straight pole, height as scheduled.
13. Comply with LM-79, LM-80 and California Test 611.
The individual LEDs must be connected such that a catastrophic loss or a failure of 1 LED does not result in the loss of more than 20 percent of the luminous output of the luminaire.
The luminaire must be permanently marked inside the unit and outside of its packaging box. Marking consists of:
1. Manufacturer's name or trademark
2. Month and year of manufacture
3. Model, serial, and lot numbers
4. Rated voltage, wattage, and power in VA
An LED luminaire's onboard circuitry must include a surge protection device to withstand high-repetition noise transients caused by utility line switching, nearby lightning strikes, and other interferences. The device must protect the luminaire from damage and failure due to transient voltages and currents as defined in Tables 1 and 4 of ANSI/IEEE C64.41.2 for location category C-High. The surge protection device must comply with UL 1449 and ANSI/IEEE C62.45 based on ANSI/IEEE C62.41.2 definitions for standard and optional waveforms for location category C-High.
An LED luminaire and its associated onboard circuitry must comply with the Class A emission limits under 47 CFR 15(B) for the emission of electronic noise.
The fluctuations of line voltage must have no visible effect on the luminous output.
The operating voltage may range from 120 to 480 V(ac), 60 ± 3 Hz. Luminaire must operate over the entire voltage range or the voltage range must be selected from one of the following:
1. Luminaire must operate over a voltage range from 95 to 277 V(ac). The operating voltages for this option are 120 V(ac) and 240 V(ac).
2. Luminaire must operate over a voltage range from 347 to 480 V(ac). The operating voltage for this option is 480 V(ac).
LED luminaire must have a power factor of 0.90 or greater. The total harmonic distortion, current, and voltage induced into a power line by a luminaire must not exceed 20 percent. The L70 of the luminaire must be the minimum operating life or greater. Illuminance measurements must be calibrated to standard photopic calibrations.
An LED luminaire and its internal components must be able to withstand mechanical shock and vibration.
If the components are mounted on a down-opening door, the door must be hinged and secured to the luminaire's housing separately from the refractor or flat lens frame. The door must be secured to the housing to prevent accidental opening. A safety cable must mechanically connect the door to the housing.
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An LED luminaire must have a barrier-type terminal block secured to the housing to connect field wires. The terminal screws must be captive and equipped with wire grips for conductors up to no. 6.
The conductors and terminals must be identified and marked.
Add to section 86-1.02M:
The photoelectric unit shall be installed on light standards.
Photoelectric control shall be Type IV.
Add section 86-1.02V Video Detection:
Each videovehicle detector system (VVDS) shall consist of one or more video detection devices mounted on traffic signal or luminaire mast arms as shown on the Plans; and including all wires, cables, connections, video detection processor (VDP), cabinet interface ICC modules in a standard detector rack, a pointing device, and related appurtenances for a complete and functioning system.
The system shall include software that detects vehicles and bicycles in multiple lanes using only the video image. Detection zones shall be defined using only an on board video menu and a pointing device to place the zones on a video image. Up to 8 detection zones per system shall be available. A separate computer shall not be required to program the detection zones. 86-1.02V(1) Functional Capabilities. Each video vehicle detector system (VVDS) shall be GRIDSMART System manufactured by GRIDSMART Technologies, Inc. The City of Ukiah has standardized around the GRIDSMART System VVDS.
The VVDS shall consist of one or more video detection devices mounted on traffic signal or luminaire mast arms as shown on the Plans; and including all wires, cables, connections, video detection processor (VDP), cabinet interface ICC modules in a standard detector rack, a pointing device, and related appurtenances for a complete and functioning system.
A VVDS for a single intersection must consist of ether 1 or 2 fixed focal length omnidirectional view cameras and the VDP.
The system is composed of these principal items: the camera(s), the field communications link consisting of a single CAT5e cable between each camera and the VDP, add the VDP along with a PC, video monitor or associated equipment required to setup the VDP and software to communicate to the VDP.
The VDP must be either NEMA TS 2 Type 1 or Type 2. Type 2 must have RS 485 SDLC. The VDP must have at least four (4) processing cores of 2.8GHz or greater, a minimum of 3GB random access memory (RAM), and at least 32GB of onboard storage.
The system shall include software that detects vehicles and bicycles in multiple lanes using only the video image. Detection zones shall be defined using only an on board video menu and a pointing device to place the zones on a video image. Up to 8 detection zones per system shall be available.
86-1.02V(2) Definitions.
VVDS Processor. The electronic unit that converts the video image provided by the cameras, generate vehicle detection for defined zones and collects vehicular data as specified.
Central Control. A remotely located control center, which communicates with the VVDS Processor. The VVDS operator at the central control has the ability to monitor the operation and odify detector placement and configuration parameters. The equipment that constitutes central control is comprised of a workstation microcomputer along with the associated peripherals as described in this special specification.
Field Setup Computer. A portable microcomputer used to set up and monitor the operation of the VVDS Processor. If required to interface with the VVDS processor unit, the field setup computer with the associated peripherals described in this special specification and a video monitor, also described in this special specification, must be supplied as part of the VVDS.
Field Communications Link. The communications connection between the camera(s) and the VVDS Processor. This link will consist of one CAT5e cable for each omnidirectional camera.
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Remote Communications Link. The communications connection between the VVDS Processor and the central control.
Camera Assembly. The complete camera or optical device assembly used to collect the visual image. The camera assembly consists of a CMOS camera, environmental enclosure, temperature control mechanism, and all necessary mounting hardware.
Occlusion. The phenomenon when a vehicle passes through the detection zone but the view from the sensor is obstructed by another vehicle. This type of occlusion results in the vehicle not being detected by the sensor.
Or
When a vehicle in one lane passes through the detection zone of an adjacent lane. This type of occlusion can result in the same vehicle being counted in more than one lane.
Detection Zone. The detection zone is an area selected through the VVDS Processor that when occupied by a vehicle, sends a vehicle detection to the traffic controller or freeway management system.
Detection Accuracy. The measure of the basic operation of a detection system (shows detection when a vehicle is in the detection zone and shows no detection when there is not a vehicle in the detection zone).
Live Video. Video being viewed or processed at 5 to 10 frames per second.
Lux. The measure of light intensity at which the camera may operate. A unit of illumination equal to one lumen per square meter or to the illumination of a surface uniformly one meter distant from a point source of one candle. 86-1.02V(3) Functional Capabilities. The system must be able to detect either approaching or departing vehicles in multiple traffic lanes. A minimum of 24 detector outputs per VVDS Processor. Each zone and output must be user definable through graphics by drawing arbitrarily shaped polygons using the Field Setup Computer or Central Control. The user must be able to redefine previously defined detection zones.
The VVDS Processor must provide real time vehicle detection (within 500 milliseconds (ms) of vehicle arrival).
The system must be able to detect the presence of vehicles in up to 64 detection zones per camera.
Detection zones must be provided that are sensitive to direction of vehicle travel. The direction at be detected by each detection zone must be user programmable.
The VSDS Processor unit must compensate for minor camera movement (up to 2% of the field of view at 400 feet) without falsely detecting vehicles. The camera movement must be measurable on the unprocessed video input to the VSDS Processor.
The camera must operate while directly connected to VSDS Processor Unit.
Once the detector configuration has been downloaded or saved into the VSDS Processor, the video detection system must operate with the monitoring equipment (monitor and/or laptop) disconnected or on-line.
When the monitoring equipment is directly connected to the VSDS Processor, it must be possible to view vehicle detections in real time as they occur on the field setup computer’s color VGA display or the video monitor.
The VSDS Processor must support 1 or 2 omnidirectional view cameras. If equipped with 1 omnidirectional view camera, the VSDS processor must also be capable of simultaneously supporting up to four (4) more traditional view cameras for special needs such as advance detection or underpass detection. 86-1.02V(4) Vehicle Detection. Detection Zone Placement. The video detection system must provide flexible detection zone placement anywhere within the combined field of view of the image sensors. Preferred presence detector configurations shall be arbitrarily shaped polygons, including simple boxes drawn across lanes of traffic or placed in line with lanes of traffic. A single detector must be able to replace one or more conventional detector loops.
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Detection Zone Programming. Placement of detection zones must be by means of graphical interface using the video image of the roadway. The monitor must show images of the detection zones superimposed on the video image of the traffic while the VVDS Processor is running. The displayed zones, when operating, must be able to be displayed outlined or filled, with a visible change indicating detection.
The detection zones must be created by using the mouse or keypad to draw detection zones on the monitor. The detection zones must be capable of being sized and shaped to provide optimal road coverage and detection. It must be possible to upload detector configurations to the VVDS Processor and to retrieve the detector configuration that is currently running in the VVDS Processor.
The mouse or keypad may be used to edit previously defined detector configurations so as to fine tune the detection zone placement size and shape. Once a detection configuration has been created, the system must provide a graphic display of the new configuration on its monitor. While this fine-tuning is being done, the detection must continue to operate from the detector configuration that is currently called.
When a vehicle occupies a detection zone, the detection zone on the live video must indicate the presence of a vehicle, thereby verifying proper operation of the detection system. With the absence of video, the VVDS Processor must have a display that will indicate proper operation of the detection zones.
Detection zones must be provided that are sensitive to the direction of vehicle travel. The direction to be detected by each direction zone must be user programmable. The vehicle detection zone should not activate if a vehicle traveling any direction other than the one specified for detection occupies the detection zone. Cross-street and wrong way traffic should not cause a detection.
Detection zones must have the option for the user to define that can be made with a side entrance (90° or less angled entrance).
Design Field of View. The video detection system must reliably detect vehicle presence in the design field of view. The design field of view must be defined as the sensor view when the image sensor is mounted 30-feet or higher above the roadway, when the camera is adjacent (within 15 feet) to the edge of the nearest vehicle travel lane, and when the length of the detection area is not greater than 5 times the mounted height of the image sensor. Within this design field of view, the VVDS Processor unit must be capable of setting up a single detection zone for point detection (equivalent to the operation of a 6 foot by 6 foot inductive loop). A single camera, placed at the proper mounting height, must be able to monitor up to and including 5 traffic lanes simultaneously. A single omnidirectional camera, placed at the proper mounting height, must be able to monitor detection zones in at least intersection approaches.
Detection Performance. Detection accuracy of the video detection system must be comparable to properly operating inductive loops. Detection accuracy must include the presence of any vehicle in the defined detection zone regardless of the lane, which the vehicle is occupying. Occlusion produced by vehicles in the same or adjacent lanes must not be considered a failure of the VVDS Processor, but a limitation of the camera placement. Detection accuracy (a minimum of 95%) must be enforced for the entire design field of view on a lane by lane and on a time period basis. When specified in the plans, furnish up to 24 continuous hours of recorded video of all installed intersection cameras within the 30 day test period for verification of proper camera placement, field of view, focus, detection zone placement, processor setup and operation. The video from each camera must show vehicle detections for all zones.
Equipment failure, either camera or VVDS Processor, must result in constant vehicle detection on affected detection zones. 86-1.02V(5) VSDS Processor.
Cabinet Mounting – The VSDS Processor must be shelf mountable.
Environmental Requirements – The VSDS Processor must be designed to operate reliably in the adverse environment found in the typical roadside traffic cabinet. It must meet the environmental requirements set fourth by the latest NEMA (National Electric Manufacturers Association) TS1 and TS2 standards as well as the environmental requirements for Type 170, Type 179 and 2070 controllers. Operating temperature must be from -30°F to +165°F at 0% to 95% relative humidity, noncondensing.
Electrical – The VSDS Processor must have a modular electrical design.
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The VSDS Processor must operate within a range of 89 to 135 VACm 60 Hz single phase. Power to the VSDS Processor must be from the transient protected side of the AC power distribution system in the traffic control cabinet in which the VSDS Processor is installed.
Communications to the field setup computer must be through an Ethernet port. This port must be able to download the real time detection information needed to show detector actuations.
The VSDS Processor must have an Ethernet connection on the front of the unit for the connection to the 1st camera. If a second camera is installed at the intersection, the camera will connect with the VSDS Processor through a connector mounted on the side of the Processor.
The unit must be equipped with a single VGA video output. This output must be capable of displaying the operations and detections of the VSDS Processor.
The change log for all Software upgrades and/or changes must be presented on a readily assessable internet site with unencumbered public access.
The unit software and the supervisor software must include diagnostic software to allow testing of the VSDS functions. This must include the capability to set up and clear individual detector outputs and display the status of inputs to enable setup and troubleshooting in the field.
86-1.02V(6) Camera Assembly.
Camera. The video detection system must use high resolution, color image sensors as the video source for real time vehicle detection. The cameras must be approved for use with the VSDS Processor unit by te supplier of the VSDS. As a minimum, each camera must provide the following capabilities:
Images must be produced with a CMOS sensing element with horizontal resolution of at least 2580 lines and vertical resolution of at least 1920 lines. Images must be output in digital format as MJPEG image.
Useable video and resolvable features in the video image must be produced when those features have luminance levels as low 1.0 lux for color, for night use.
Useable video and resolvable features in the video image must be produced when those features have luminance levels as high as 10,00 lux during the day.
The camera must include an electronic shutter control based upon average scene luminance and must be equipped with fixed field of view and fixed focus lens which does not require opening the camera enclosure.
The fixed focus lens must be always in focus without any required end-user adjustments.
Camera and Lens Assembly. The camera and lens assembly must be housed in an environment enclosure that provides the following capabilities:
The enclosure must be waterproof and dust tight to the latest NEMA 4 specifications.
The enclosure must allow the camera to operate satisfactorily over an ambient temperature range from -30°F to +165°F while exposed to precipitation as well as direct sunlight.
The enclosure must include a provision for connection of the CAT5e cable. Input power to the environmental enclosure must be included in the Ethernet interface.
A thermostatically controlled heater must be a the front of the enclosure to prevent the formation of ice and condensation. The heater must not interfere with the operation of the camera electronics, and it must not cause interference with the video signal.
The enclosure must be light colored or unfinished and must be designed to minimize solar heating. Any plastics used in the enclosure must include ultra violet inhibitors.
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The total weight of the image sensor in the environmental enclosure must be less than 10 lb.
Use waterproof, quick disconnect connectors to the camera for the CAT5e connection.
A camera interface panel capable of being mounted to sidewalls of a controller cabinet must be provided for protection of the VSDS Processor, camera CAT5e connection. The panel must consist of, as a minimum, 2 CAT5e cable surge protection connections.
When the connection between the camera and the VSDS Processor is CAT5e cable, the cable used must be suited for outdoor installation.
Camera mounting hardware must allow for vertical or horizontal mounting to the camera enclosure. 86-1.02V(7) Field Communication Link. The field communication link must be a two way communications connection from the camera to the VSDS Processor. The primary communications link media must be burial grade CAT5e cable.
The following requirements must govern for the various types of field communications link media described on the plans.
CAT5e Cable. In locations where the plans indicate CAT5e cable is required as the primary communications link, this cable must be burial grade as well as suitable for above ground applications.
All connection cables must be continuous from the equipment cabinet to the camera connector.
Install lighting and transient surge suppression devices on the processor side of the field communications link to protect the peripheral devices. The suppression devices must be all solid state. The devices must present high impedance to, and must not interfere with, the communications lines during normal operation. The suppression devices must not allow the peak voltage on any line to exceed 300% of normal operating peak voltage at any time. The response time of the devices must not exceed 5 nanoseconds.
86-1.02V(8) VSDS Set-Up System. The minimum VSDS set-up system, as needed for detector setup viewing of vehicle detections, must consist of a field setup computer and Windows-based interface software (if required) for a video monitor with interface software built-in to the VSDS Processor. Live video (5 frames per second) must be available on the field setup computer to determine proper operation of detectors. The field set-up computer as a minimum, must have a network connection.
If a field setup computer is required for system set-up, it must be supplied by the supplier of the VSDS Processor.
The field setup computer must include all necessary cabling and a Windows-based program to interface with the VSDS Processor. This software must provide an easy to use graphical user interface and support all models/versions of the supplied VSDS.
Live video with the detection overlaid is required for field verification of the system. 86-1.02V(9) Temporary Use and Retesting. When shown on the plans, the VSDS equipment must be used to provide vehicle detection on a temporary basis. When the permanent vehicle detection system and related equipment are installed and made operational, the VSDS equipment must be carefully removed and delivered to the location shown on the plans.
86-1.02V(10) Operation from Central Control. The central control must transmit and receive all information needed for detector setup, monitor the vehicle detection, view the vehicle traffic flow and interrogate all required stored data.
The remote communications link between the VSDS Processor and central control may be dial-up (telephone or ISDN lines) or dedicated twisted wire pair communications cable which may be accompanied with coaxial cable or fiber-optic cable, as shown on the plans. Communications with central control must not interfere with the on-street detection of the VSDS Processor.
86-1.02V(11) Installation and Training. The manufacturer’s representative of the video detection system must be present on site to supervise the installation and testing of the video and computer equipment.
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Instruction personnel are required to be certified by the equipment manufacturer. The User’s Guide is not an adequate substitute for practical, classroom training and formal certification by an approved agency.
Formal levels of factory authorized training are required for installers, contractors and system operators. All training must be certified by the manufacturer.
86-1.02V(12) Warranty, Maintenance and Support. The video detection system must be warranted to be free of defects in material and workmanship for a period of 3 years from date of shipment from the supplier’s facility. During the warranty period, the supplier must repair with new or refurbished materials, or replace at no charge, any product containing warranty defect provided the product is returned FOB to the suppliers factory with transportation prepaid.
During the warranty period, technical support shall be available from the supplier via telephone within 4 hours of the time a call is made by a user, and this support shall be available from factory-certified personnel or factory- certified installers.
During the warranty period, standard updates of the VSDS Processor and supervisor software shall be available from the supplier without charge.
The supplier must maintain a program for technical support and software updates following expiration of the warranty period.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 87 ELECTRICAL SYSTEMS
Add to section 87-1.03B:
Conduit runs shown on the Plans to be located behind curbs may be installed in the street, within 3 feet of and parallel to the face of the curb, by the trenching in pavement method described in Section 86-2.05C of the Standard Specifications. All pull boxes shall be located behind the curb or at the locations shown on the Plans.
After conductors have been installed, the ends of conduits terminating in pull boxes and in service and controller cabinets shall be sealed with an approved type of sealing compound.
At locations where conduit is required to be installed under pavement and existing underground facilities require special precautions, conduit shall be placed by the "Trenching in Pavement Method." At other locations where conduit is required to be installed in the traveled way and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the "Trenching in Pavement Method" as described below:
When the Trenching in Pavement Method is used, the existing asphalt concrete shall be cut with a power driven saw or ground to a depth of not less than 1/15 foot, a minimum of 6 inches beyond either side of the trench, in order to provide a neat and true edge with no shatter outside the removal area. If the trench is within 3 feet of a gutter edge, only one saw cut will be required (on the side of the trench opposite of the gutter) and the asphalt surfacing shall be replaced all the way to the gutter edge. A tack coat shall be applied to the vertical edges just prior to place the asphalt concrete used to cap the trench.
Damage to pavement that is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new asphalt concrete if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be replaced shall be at the Contractor's expense.
If the Contractor elects to use Directional Boring, the conduit shall be installed between a minimum depth of 24" and a maximum depth of 60" unless directed otherwise by the Engineer.
Add to section 87-1.03E:
No native material shall be used as trench backfill within paved areas.
All trench spoils shall be removed from the work area by the Contractor as they are generated at the Contractor’s expense.
Where conduit containing conductors of 100 volts or less is installed parallel and adjacent to the existing gutter lip, the trench shall be approximately 2 inches wider than the outside diameter of the conduit and shall not exceed 6 inches in width. Trench
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depth shall not exceed conduit trade-diameter plus 10 inches, except that at pull boxes the trench may be hand dug to required depth. The conduit shall be placed in the bottom of the trench with the top of the conduit a minimum of 9 inches below finish grade.
When conduit containing conductors of 100 volts or less is not installed adjacent to the lip of gutter it shall be installed with a minimum of 24 inches of cover.
All conduit containing conductors of more than 100 volts shall be installed with a minimum of 24 inches of cover.
Where existing facilities prevent installing conduit with 24 inches of cover, the Contractor shall depress the new conduit under the existing facilities without exception.
The Contractor shall pothole and record the depth of all existing utilities which are within the area to be trenched or excavated.
Where excavation occurs within the drip line of any street tree the contractor shall hand dig to protect tree roots as directed by the Engineer. Root pruning shall be done only when directed by the Engineer and shall be accomplished by use of sharp tools appropriate for the size of root to be cut. Each cut shall be clean with no torn bark or splintered wood remaining on the root. At no time shall roots be pulled on by excavating equipment.
Add to section 87-1.03J:
Field paint all new and existing signal poles with polyurethane coating in accordance with Section 91.
Add to section 87-1.03V(2):
In lieu of the requirements in the fourth paragraph of Section 86-5.01A(4), "Installation Details," of the State Standard Specifications, slots in asphalt concrete pavement shall be filled as follows:
After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all vertical surfaces of slots in accordance with the provisions in Section 94, "Asphaltic Emulsions", of the State Standard Specifications. The slots shall then be filled with asphaltic concrete sealants using hot melt loop sealant.
Temperature of sealant material during installation shall be above 70 degrees Fahrenheit. Air temperatures during installation shall be above 50 degrees Fahrenheit. Hot melt sealant placed in the slots shall be compacted by use of an eight (8”) inch diameter by one-eighth (1/8”) inch thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor coverage shall be five-eighths (5/8”) inch. Excess sealant remaining after rolling shall not be reused. Traffic may be released immediately over compacted material.
The Contractor shall test all detectors with a motor-driven cycle, as defined in the California Vehicles Code, which is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour.
Detectors will be disconnected or connected by the Contractor. The Contractor shall notify the City 24 hours prior to any detector being disconnected or connected. Timing adjustments shall be made by City traffic personnel.
Traffic signal loops damaged due to grinding, cold planing, digouts, paving or any other related construction shall be replaced within 2 weeks following the damage.
Add section 87-1.03V(4):
87-1.03V(4) Video Detection System. The cable to be used between the VDP and the ICC in the traffic cabinet shall be three (3) twisted pairs. Various styles of cable including IMSA 39-2 are suitable for correct operation. The cable shall be a continuous unbroken run from the VDP to the ICC. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. Pluggable connectors or terminal blocks should be used at both the VDP and ICC ends. The cable and installation tools shall be approved by the supplier of the video detection system, and the manufacturer's instructions must be followed to ensure proper connection.
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The video detection system shall be installed by factory certified installers and shall be IMSA Level II Traffic Signal Technician certified. Proof of certifications shall be provided.
Add to section 87-2.03A:
Existing electrical equipment to remain which is damaged by the Contractor, shall be replaced by the Contractor at their expense.
Contractor’s attention is directed to Section 15, “Existing Highway Facilities” and Section 86-7.01, “Removing Electrical Equipment” of the Standard Specifications. Removal shall include disconnection from lighting circuit, removal of lighting standard, base and foundation to the depth shown on the Plans.
Protect lighting standard from damage during removal.
Return lighting standard and luminaire to City.
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88 RESERVED
Add section 88:
88 UNDERGROUNDING
Add to section 88-1.01A
Section 88 includes work for constructing new underground electric, AT&T and Comcast conduits.
The Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for trenching, backfilling and compacting, provide and install conduits for electric, AT&T and Comcast. Install vault(s), box pads and secondary service boxes (furnished by City), install cable vaults and AT&T boxes, blacktopping, sidewalk, curb and gutter removal and replacement, as specified, and other incidental and related work, all as shown on the plans and specifications.
Location of the work will be on State Street generally between Gobbi Street and Mill Street and between Henry Street and Norton Street. Excavation, backfill and shaped bedding must comply with Section 19-3. Work shall be constructed in accordance with these Special Provisions, Standard Specifications, Plans and as directed by the Engineer. Any proposed deviations must first be approved in writing by the City Engineer.
The Contractor shall provide a full size Undergrounding "record plans" for their project to the Engineer within 7 calendar days from completion. All deviations from the improvement plans shall be recorded on the plans in red ink.
See Appendix 1 of these Standard Specifications for additional specifications and standard drawings.
Add section 88-1.01A(1) Quantities
The preliminary estimate of the quantities of work to be done and materials to be furnished shown in the proposal are approximate only, being given as a basis for the comparison of bids. The City of Ukiah does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work or to omit portions of the work that may be deemed necessary or expedient by the City.
Upon completion of successful bid, the Contractor shall furnish to the Engineer a cost break-down for each contract lump sum item.
The contractor shall determine the quantities of the items required to complete all work shown on the plans. Such quantities and their values (including labor, equipment and materials) shall be included in the cost break-down submitted to the Engineer for approval. The sum of the quantity units times the unit price shall equal the contract quantities and values used in the cost break-down submitted for approval. Unbalancing of the unit prices will not be allowed.
Overhead, profit, bond premium, temporary construction facilities, and other such items shall be included in each individual unit listed in the cost break-down, however, costs for traffic control system shall not be included.
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No adjustment of the compensation will be made in the contract lump sum prices paid for various work items due to any differences between quantities shown in the cost break-down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these Special Provisions.
The cost break-down shall be submitted to the Engineer within 10 working days after the contract has been approved.
The cost break-down shall be approved by the Engineer, in writing, before any partial payments for the items of work will be made. The approved cost break-down will be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment of compensation for the items(s) of work due to the changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break-down, the adjustment in the compensation will be determined in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with increases and decreases in the quantity of a contract item of work in accordance with the Contractor bid price.
Additions or deletions in the quantity of work as set forth in these specifications and accompanying drawings for lump sum items may be ordered by the Engineer after the contract price has been adjusted accordingly to the satisfaction of both the Contractor and the City of Ukiah, and they have been accepted in writing by the Engineer.
Add section 88-1.02
Materials shall be new and of merchantable grade, free from defect. Contractor shall be responsible for providing any and all materials necessary for the completion of the project, which include, but are not limited to, all conduits, conduit sweeps and conduit fittings. Conduit sizes shall be as specified on the plans. PVC conduit, elbows and sweeps shall meet NEMA TC-2, TC-3 and UL 651 (Conduit) and 514b (Fittings) specifications for type Sch 40 and Sch 80. Rigid steel conduit at all riser pole locations shall be U.L. 6 listed and meet ANSI C80.1 specifications. The ¾” NPT threads (ANSI B1.20.1) shall be full cut and hot galvanized after cutting. All elbows and sweeps shall be minimum 48” radius for 6” conduit, minimum 36” radius for 4” conduit and minimum 24” for 2” conduit. Long line couplings shall be used. Five degrees angle couplings, flexible adapters and PVC flexible couplings shall not be used. Standard type duct spacers which proved for a 2” air space between conduits shall be throughout the project on electric duct system. All conduits shall be proved in a manner acceptable to the Electric Utility Department. Conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder or harm the installation of electric cable. Mule Tape must be installed in each conduit. The open end of all conduits must be protected in such a manner that it prohibits dirt and debris from entering. The ends of all stub conduit shall be securely capped. Below ground at capped location, one Greenlee Unimarker electronic marker shall be placed for each type of conduit using the uniform color code. Insulated bonding bushings will be required on metal conduit. No substitutions shall be permitted from the original specifications unless bidder obtains prior written approval.
Add to section 88-1.03A
WHERE INTERRUPTION OF ELECTRIC SERVICE WILL RESULT DURING THE INSTALLATION OF A SECONDARY
SERVICE JUNCTION BOX, TRANSFORMER BOX PAD, AND PRIMARY PEDESTAL BOX PAD THE CONTRACTOR SHALL COORDINATE THIS WORK WITH CITY OF UKIAH ELECTRIC UTILITY DEPARTMENT (UEUD). UEUD WILL
TURN OFF POWER TO EQUIPMENT AND ASSIST THE CONTRACTOR WITH THE INSTALLATION OF CONDUITS INTO EQUIPMENT. CUSTOMER SERVICE OUTAGE TIME SHALL BE CUT TO A MINIMUM AND SHALL NOT EXCEED ONE WORK DAY.
The Contractor shall maintain existing signal and lighting systems in accordance with Section 88-21.03B “Maintaining Existing Electrical Systems” and these Special Provisions.
Prior to disconnecting traffic loops, temporary traffic cameras are required to be installed at all signalized intersection for any approach that is affected by cut traffic loops to keep signal performance at the optimum operational level for the duration of the project. Upon completion, new traffic loops shall be installed for each cut location. Three locations are anticipated.
Add section 88-1.03A(1) Vacuum Excavation
All pothole work to expose existing utilities shall be done by vacuum excavation methods.
Add to section 88-1.03B(3)(b)
Aggregate base for trench backfilling shall conform to the provisions of Section 26 "Aggregate Bases" of the California Standard Specifications and these Special Provisions. Slurry cement per Caltrans Specification 19.3.02E shall be used when
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more than on conduit layer is present or conduits are placed in spacers.
Asphalt concrete and the placing thereof shall conform to the requirements of Section 39, “Asphalt Concrete,” of the Standard Specifications, and these Special Provisions.
Final asphalt concrete trench paving shall be 12” outside either side of the trench width.
Asphalts: Temporary paving on all trenches shall be hot mix asphalt concrete installed a minimum 2” thick placed each day over the work.
The amount of asphalt binder to be mixed with the aggregate will be specified by the Engineer at the time of paving. A different asphalt binder content may be specified for each lift and each location.
General Requirements: The Contractor shall provide compaction of backfill and base material as the job progresses, each day. Temporary paving will be placed over the work, each day, leaving not more than 100 feet unpaved. This temporary paving shall be removed for final trench paving. The balance of the trench shall be covered with skid resistant steel plates (with a coefficient of friction of 0.35 or greater per CTM342), capable of sustaining normal (H20) traffic loads without shifting or bouncing, and shall be secured per Caltrans requirements. Hot Mix asphalt concrete shall be placed and compacted around all edges of steel plates with a sufficient width and gradual slope in order to provide a smooth transition to existing pavement.
Finished asphalt trench paving shall be even, smooth riding and have an appearance that is compatible to the surrounding surface, unless proper written approval has been provided by the Engineer.
The Engineer may require additional paving beyond the minimum dimensions shown in STD. 220 (36” beyond the trench wall), or as shown on the plans, where records indicate that the existing pavement or structural section is as shown on the plans.
ALL TRENCH PAVING ON STATE STREET SHALL BE TEMPORARY PAVEMENT 2” THICK. ALL CONCRETE
SIDEWALK REPAIR ON STATE STREET BETWEEN CLAY STREET AND MILL STREET SHALL BE HAVE TEMPORARY HOT ASPHALT PAVEMENT 2” THICK. ALL CONCRETE SIDEWALK ON MILL STREET SHALL BE REPAIRD OR RECONSTRUCTED PER CITY OF UKIAH STANDARDS.
Curb, gutter, sidewalk, driveways, alley approaches and any other miscellaneous concrete structures shall be constructed as shown on the plans, and applicable City of Ukiah Standard Plans, and shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the Standard Specifications and these Special Provisions. Any damage to curbs, sidewalks and other concrete as a result of construction activities are the responsibility of the Contractor to repair to predamaged condition.
Add to section 88-1.03B(6)
Trench depth and location may have to be adjusted slightly in the field to avoid existing facilities. Sewer and water laterals will be encountered. They will have to be worked around and any damage caused by construction activities are the responsibility of the Contractor. The Contractor shall pothole all underground utility locations to determine exact depth prior to trenching. Any damages to City or other utilities caused by trenching or other project operations shall be the Contractor’s responsibility to repair to pre-damaged condition.
All conduits shall be mandrelled from both directions according to the conduit size.
Add to section 88-1.03E(1)
Excavation Safety shall conform to the provisions in Section 7-1.02K(6)(b) “Excavation Safety” of the Standard Specifications and these Special Provisions.
In making excavations for the project, the Contractor shall be fully responsible for providing and installing adequate sheeting, shoring and bracing as may be necessary as a precaution against slides or cave-ins and to fully protect all existing improvements of any kind from damage.
The Contractor shall obtain a permit from the Division of Industrial Safety and shall submit a copy of the approved permit to
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the Engineer prior to the start of any excavation greater than 5 foot in depth. The cost of the permit shall be included in the total bid cost. If the shoring and bracing plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer.
The criteria given by the California Department of Industrial Relations are MINIMA for the conditions shown thereon. In addition to shoring the excavation as specified, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those derived by using the criteria set forth by said governing agency. The Contractor shall be solely responsible for any damages which may result from failure to provide adequate shoring to support the excavations under any or all of the conditions of loading which may exist or which may arise during the construction project.
Add to section 88-1.03E(2)
Excavation and backfill for pipe, manholes and miscellaneous structures shall conform to the provisions in Section 19-3 "Structure Excavation and Backfill" of the Standard Specifications, and these Special Provisions.
Pavement and concrete removal shall conform to "Removal Methods" of these Special Provisions.
All excavation shall be made to the lines and grades shown on the Plans. Trench edges shall be no closer than 1 foot to the toe of the gutter unless otherwise approved by the Engineer. Where mud, peat or any unstable or objectionable material is encountered at or within 6 inches of the bottom of any excavation, such material shall be removed to a depth of at least 12 inches below the established grade and the trench brought to grade by placing a suitable material thoroughly compacted in place, all as approved by the Engineer.
Trench width, bedding and backfill for pipe shall conform to "Pipe Bedding and Backfill Requirements", as shown on plans.
Ponding or jetting of backfill is not allowed unless specifically shown on the Plans.
Trench backfill shall attain a relative compaction of 90 percent around conduit duct bank and 95 percent within 30” of finish grade. Backfill compaction within the structural section shall be as shown on the Plans. Structural backfill around all structures and manholes shall attain a relative compaction of 92 percent. The Contractor shall be responsible for scheduling compaction testing per City requirements (required every 50 lineal feet of trench). The cost for compaction testing shall be included in the total bid cost.
Backfill in street areas shall be brought to subgrade and the existing surfacing shall be replaced with the structural section shown on the Plans.
Trench backfill shall be accomplished as soon as possible after the pipe has been installed.
The Contractor shall conduct the construction operations so that trench backfill at all intersections is sufficiently adequate to allow 2-way traffic in both directions during all phases of construction unless otherwise specified.
Traffic stripes and pavement markings shall be temporary and conform to the applicable provisions of Section 12-6.03D of the Standard Specifications, City of Ukiah Standards, and these Special Provisions and shall be placed at the locations shown on the approved temporary traffic control plans.
Existing stripes and pavement markings outside of the work area which are damaged by the work shall be replaced.
Replacement striping shall match existing.
Add to section 88-1.03Y
Primary Junction Box, Transformer, and Pedestal Box Pads shall be provided by the City and installed by the Contractor.
Primary Junction Box grade shall be equal to or slightly (maximum 0.5”) above adjacent grade. Asphaltic vault sealant shall be installed between the junction box cover and the extension ring (if used) and between the extension ring (if used) and the junction box. Bottom of the primary junction box excavation shall be compacted to 90% compaction prior to installation of drain rock and junction box. Where “term-a duct” conduit ends are not installed in the vault, bell ends shall be installed on the conduit ends and grouted in flush with the vault surface. Grounding shall be installed per Ukiah Electric Utility Department specifications at each primary junction box and primary pedestal location. Primary Pedestals shall be installed per Ukiah Electric Utility Department specifications.
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DIVISION XI MATERIALS
89 AGGREGATE
No Changes
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90 CONCRETE
No Changes
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91 PAINT
Replace Reserved in section 91-2.02C with:
Single-component, semi-gloss, aliphatic, moisture-cured polyurethane coating must comply with the requirements shown in the following table:
Quality characteristic Test method Requirement
Nonvolatile content (min, percent) ASTM D2369 72
VOC content (max, g/L) ASTM D3960 300
Dry times:
Set to touch (max, hours)
Dry hard (max, hours)
ASTM D1640
ASTM D1640
2 16
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
92 ASPHALT BINDERS
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
93 RESERVED
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
94 ASPHALTIC EMULSIONS
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
95 EPOXY
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
96 GEOSYNTHETICS
Add to section 96-1.02B:
Filter fabric shall be Class A.
Add to section 96-1.02E:
Silt fence fabric shall be nonwoven.
Add to section 96-1.02O:
Subgrade enhancement geotextile shall be Class B1.
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
97–98 RESERVED
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION XII BUILDING CONSTRUCTION
99 BUILDING CONSTRUCTION
No Changes
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SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
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SECTION 16. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
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A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval.
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Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
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11. The Agency determines other documented good cause.
The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.
The prime contractor’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from the prime contractor to the DBE regarding the request.
3. Notices from the DBEs to the prime contractor regarding the request.
If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution.
The Agency may authorize a 7-day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
F. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1
st
-tier subcontractor
• Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
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Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16- Z1) form.
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.
The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code §10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request
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shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly.
The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or
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$2,500, materials produced outside the U.S. may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [The following 12 pages must be physically inserted into the contract without modification.
Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS]
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FHWA-1273 -- Revised July 5, 2022
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The designbuilder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action
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within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
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(1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
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(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
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subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the
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corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. 23 CFR
230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).
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3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance
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with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant
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who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
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submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier
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subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN
LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
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2. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal
(Percent)
174
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8 175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6 San Francisco-Oakland-San Jose, CA:
28.9 25.6
19.6 14.9
9.1 17.1
23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16.1 14.3
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
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CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
23.6 Los Angeles, CA:
11.9 28.3
21.5 19.0
19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week July during which work is performed under the contract, you and each non materialsupplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
3. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
1. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
2. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
DOWNTOWN STREETSCAPE PROJECT
PHASE II 179 Spec No.2021-179
accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information
required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. a.Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. b.Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
4. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
5. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 3.
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
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PHASE II 180 Spec No.2021-179
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, submit to the City of Ukiah:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City of Ukiah’s approval for this submitted information before you start work. The City of Ukiah credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen status.
Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions.
In your training program, establish the minimum length and training type for each classification. The City of Ukiah and FHWA approves a program if one of the following is met:
1. It is calculated to:
▪ Meet the your equal employment opportunity responsibilities ▪ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Obtain the State's approval for your training program before you start work involving the classification covered by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Offsite training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Ukiah reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:
▪ Contribute to the cost of the training
▪ Provide the instruction to the apprentice or trainee
▪ Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section. Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving
DOWNTOWN STREETSCAPE PROJECT
PHASE II 181 Spec No.2021-179
the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
DOWNTOWN STREETSCAPE PROJECT
PHASE II 182 Spec No.2021-179
BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:
Did you include?...
o Proposal (Page ___)
➢ Unit prices filled out clearly.
➢ Extended prices filled out clearly and calculated correctly ➢ Total bid amount filled out clearly and calculated correctly ➢ Sign the proposal, and provide complete information
➢ CLSB No. and expiration date
➢ Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page ___)
➢ Filled out completely per instruction
o Worker’s Compensation Certificate (Page ____)
➢ Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page ___) ➢ Filled out completely per instruction
o List of Proposed Subcontractors (Page _____)
➢ Filled out completely per instruction
o Statement of Experience (Page ____)
o Signature of Bidder (Page _____)
➢ Filled out completely per instruction
➢ Authorized signature provided
o Bidder’s Bond (Page _____)
➢ Filled out completely per instruction
o Non-Collusion Affidavit (Page _____)
➢ Filled out completely per instruction
➢ Notarized
o Addenda Issued
➢ Signed and Returned
DOWNTOWN STREETSCAPE PROJECT
PHASE II 183 Spec No.2021-179
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
DOWNTOWN STREETSCAPE AND ROAD DIET
Specification No. 1819-173
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
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PHASE II 184 Spec No.2021-179
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid, not including the add alternate bid item.
DOWNTOWN STREETSCAPE PROJECT
PHASE II 185 Spec No.2021-179
NAME OF BIDDER:
SPEC #: 2021-179
PROJECT NAME: DOWNTOWN STREETSCAPE PHASE II PROJECT
Item # Description Unit of Measure Quantity Unit Price Total 1 Mobilization, Demobilization, and Final
Cleanup
LS 1
$__________ $_____________
2 Storm Water Pollution Prevention Plan
(SWPPP)
LS 1
$__________ $_____________
3 Storm Water Sampling and Analysis Day EA 10 $__________ $_____________ 4 Temporary Water Pollution Control
Measures
LS 1
$__________ $_____________
5 Progress Schedule (Critical Path
Method)
LS 1
$__________ $_____________
6 Construction Area Signs LS 1
$__________ $_____________
7 Traffic Control System LS 1
$__________ $_____________
8 Positive Location (Potholing) EA 20 $__________ $_____________ 9 Construction Survey LS 1
$__________ $_____________
10 Trench Bracing and Shoring LS 1
$__________ $_____________
11 Bypass Sewage Pumping LS 1
$__________ $_____________
12 Remove Traffic Stripe and Markings
(Striping Conforms)
LS 1
$__________ $_____________
13 Remove Existing Drainage Inlet EA 5
$__________ $_____________
14 Abandon Existing Storm Drain Pipe LF 800 $__________ $_____________ 15 Remove/Replace Unsuitable Material -
Miscellaneous Concrete
CY 140 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 186 Spec No.2021-179
16 Remove/Replace Unsuitable Material -
Roadway Section
CY 560
$__________ $_____________
17 Remove Concrete Curb and Gutter LF 4,100 $__________ $_____________ 18 Remove Vertical Curb LF 130 $__________ $_____________ 19 Remove Concrete Sidewalk, Driveways,
and Curb Ramps
SF 23,900 $__________ $_____________
20 Remove Concrete Roadway SF 52,000 $__________ $_____________ 21 Remove/Salvage Trash Receptacle EA 1
$__________ $_____________
22 Remove Lighting Standard EA 2
$__________ $_____________
23 Remove Sanitary Sewer Manhole EA 6
$__________ $_____________
24 Abandon Sanitary Sewer Manhole EA 6
$__________ $_____________
25 Remove Sewer Main Line Cleanout EA 10 $__________ $_____________ 26 Remove Existing Sanitary Sewer Main EA 2,900 $__________ $_____________ 27 Abandon Existing Sanitary Sewer Main LF 2,660 $__________ $_____________ 28 Abandon Existing Sanitary Sewer Lateral EA 50 $__________ $_____________ 29 Abandon Existing Water Main LF 4,030 $__________ $_____________ 30 Utility Conflict Resolution LS 1
$__________ $_____________
31 12" Water Main (C900) LF 1,950 $__________ $_____________ 32 12" Water Main (Ductile Iron) LF 80 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 187 Spec No.2021-179
33 6" Steel Casing Pipe - Bore and Jack
(Electric)
LF 25 $__________ $_____________
34 8" Steel Casing Pipe - Bore and Jack
(AT&T & CATV)
LF 25 $__________ $_____________
35 18" Steel Casing Pipe - Bore and Jack
(Water and SS)
LF 76 $__________ $_____________
36 6" Water Main (C900) LF 20 $__________ $_____________ 37 4" Water Main (C900) LF 60 $__________ $_____________ 38 1" Water Service (For 3/4" Meter) EA 32 $__________ $_____________ 39 Fire Hydrant and Lateral EA 6
$__________ $_____________
40 Fire Service EA 6
$__________ $_____________
41 Air Relief Valve EA 3
$__________ $_____________
42 Backflow Preventer EA 3
$__________ $_____________
43 Cap Existing Water Main EA 4
$__________ $_____________
44 Water Tie-In EA 6
$__________ $_____________
45 Temporary Blow Off Valve EA 1
$__________ $_____________
46 12" Sanitary Sewer LF 2,260 $__________ $_____________ 47 10" Sanitary Sewer LF 1,490 $__________ $_____________ 48 8" Sanitary Sewer LF 30 $__________ $_____________
49 48" Sanitary Sewer Manhole EA 13 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 188 Spec No.2021-179
50 Sewer Main Line Cleanout EA 3
$__________ $_____________
51 4" Sewer Lateral With Cleanout EA 50 $__________ $_____________ 52 Drainage Inlet EA 10 $__________ $_____________
53 LID Storm Drain Inlet EA 3
$__________ $_____________
54 Under Sidewalk Drain EA 13 $__________ $_____________ 55 15" RCP Storm Drain Pipe LF 700 $__________ $_____________ 56 12" RCP Storm Drain Pipe LF 400 $__________ $_____________ 57 48" Storm Drain Manhole EA 3
$__________ $_____________
58 Clearing and Grubbing LS 1
$__________ $_____________
59 Remove Tree and Stump EA 47 $__________ $_____________ 60 Remove Tree Grate EA 43 $__________ $_____________
61 Conform Grind SF 10,500 $__________ $_____________
62 Edge Grind SF 14,900 $__________ $_____________
63 Cold Plane Asphalt Concrete Pavement SF 15,600 $__________ $_____________ 64 Roadway Excavation (F) CY 6,900 $__________ $_____________ 65 Class 2 Aggregate Base (F) CY 4,100 $__________ $_____________ 66 Hot Mix Asphalt (Type A) TON 3,100 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 189 Spec No.2021-179
67 Adjust Existing Sanitary Manhole Cover
to Grade
EA 12 $__________ $_____________
68 Adjust Existing Strom Drain Manhole
Cover to Grade
EA 6
$__________ $_____________
69 Adjust Existing AT&T Manhole Cover to
Grade
EA 2
$__________ $_____________
70 Adjust Existing Drainage Inlet to Grade EA 3
$__________ $_____________
71 Adjust Existing Street Monument Cover
to Grade
EA 2
$__________ $_____________
72 Adjust Existing Utility Cover to Grade
(Sidewalk)
EA 85 $__________ $_____________
73 Adjust Existing Valves to Grade EA 35 $__________ $_____________ 74 Minor Concrete (Curb and Gutter) LF 3,100 $__________ $_____________ 75 Minor Concrete (6" Vertical Curb) LF 130 $__________ $_____________ 76 Minor Concrete (Driveway) SF 6,200 $__________ $_____________ 77 Minor Concrete (Sidewalk) SF 19,700 $__________ $_____________ 78 Minor Concrete (Curb Ramp) EA 13 $__________ $_____________ 79 Minor Concrete (Detectable Warning
Surface)
SF 250 $__________ $_____________
80 Minor Concrete (8-inch Median Curb) LF 940 $__________ $_____________ 81 Minor Concrete (Median Paving) SF 1,000 $__________ $_____________ 82 Minor Concrete (Bioretention Curb &
Gutter)
LF 130 $__________ $_____________
83 Minor Concrete (Bioretention Vertical
Curb)
LF 170 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 190 Spec No.2021-179
84 Irrigation System LS 1 $__________ $_____________
85 Street Tree EA 72 $__________ $_____________
86 Decomposed Granite Tree Well SF 1,210 $__________ $_____________ 87 Brick Band LF 1,670 $__________ $_____________
88 Bench EA 6 $__________ $_____________
89 Bike Rack EA 13 $__________ $_____________
90 Planter Rail (Bioretention Area) LF 160 $__________ $_____________ 91 Planting Area SF 4,600 $__________ $_____________
92 Plant Establishment Work LS 1 $__________ $_____________ 93 Bioretention Area SF 800 $__________ $_____________
94 Survey Monument EA 2 $__________ $_____________
95 Flag Pole Sleeve EA 100 $__________ $_____________
96 Remove Roadside Sign EA 20 $__________ $_____________ 97 Remove Roadside Sign Panel EA 2 $__________ $_____________ 98 Thermoplastic Crosswalk and Pavement
Marking
SF 2,551 $__________ $_____________
99 Two-Way Blue Retroreflective Pavement
Marker
EA 9 $__________ $_____________
100 Metal Roadside Sign EA 84 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 191 Spec No.2021-179
101 Roadside Sign - One Post EA 44 $__________ $_____________ 102 Traffic Stripe (Detail 1) LF 330 $__________ $_____________ 103 Traffic Stripe (Detail 8) LF 2,300 $__________ $_____________ 104 Traffic Stripe (Detail 22) LF 4,000 $__________ $_____________ 105 Traffic Stripe (Detail 27B) LF 4,000 $__________ $_____________ 106 Traffic Stripe (Detail 27C) LF 920 $__________ $_____________ 107 Traffic Stripe (Detail 32) LF 2,900 $__________ $_____________ 108 Traffic Stripe (Detail 38) LF 750 $__________ $_____________ 109 Traffic Stripe (Detail 39) LF 2,800 $__________ $_____________ 110 Traffic Stripe (Detail 39A) LF 320 $__________ $_____________ 111 Traffic Stripe (Detail 40) LF 120 $__________ $_____________ 112 Green Bike Lane Pavement Markings SF 1,000 $__________ $_____________ 113 Modify Signal (Gobbi St and S State St) LS 1 $__________ $_____________ 114 Modify Signal (Mill St and S State St) LS 1 $__________ $_____________ 115 Modify Signal (Scott St and N State St) LS 1 $__________ $_____________ 116 Street Lighting System LS 1 $__________ $_____________ 117 EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (12 INCH X 36 INCH
TRENCH)
LF 586 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 192 Spec No.2021-179
118 EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (18 INCH X 48 INCH
TRENCH)
LF 224 $__________ $_____________
119 EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24 INCH X 59 INCH
TRENCH)
LF 1,167 $__________ $_____________
120 1 INCH PVC SCH 40 CONDUIT
(COMCAST) INCLUDING
INSTALLATION
FT 184 $__________ $_____________
121 2 INCH PVC SCH 40 CONDUIT
(COMCAST) INCLUDING
INSTALLATION
FT 3,364 $__________ $_____________
122 3 INCH PVC SCH 40 CONDUIT
(COMCAST) INCLUDING
INSTALLATION
FT 80 $__________ $_____________
123 2 INCH PVC SCH 40 CONDUIT (AT&T)
INCLUDING INSTALLATION
FT 225 $__________ $_____________
124 4 INCH PVC SCH 40 CONDUIT (AT&T)
INCLUDING INSTALLATION
FT 1,991 $__________ $_____________
125 3 INCH PVC SCH 40 CONDUIT
INCLUDING INSTALLATION
(ELECTRIC)
FT 442 $__________ $_____________
126 4 INCH PVC SCH 40 CONDUIT
INCLUDING INSTALLATION
(ELECTRIC)
FT 3,152 $__________ $_____________
127 EXCAVATE, BACKFILL, COMPACT
AND INSTALL CABLE SERVICE
VAULTS B48 (COMCAST)
EA 1 $__________ $_____________
128 EXCAVATE, BACKFILL, COMPACT
AND INSTALL CABLE SERVICE
VAULTS N36 (COMCAST)
EA 14 $__________ $_____________
129 EXCAVATE, BACKFILL, COMPACT
AND INSTALL CABLE SERVICE
VAULTS N30 (COMCAST)
EA 3 $__________ $_____________
130 EXCAVATE, BACKFILL, COMPACT
AND INSTALL SERVICE VAULTS 17" X
30" X 24" (AT&T)
EA 3 $__________ $_____________
131 EXCAVATE, BACKFILL, COMPACT
AND INSTALL SERVICE VAULTS 2'6"
X 4' X 3' (AT&T)
EA 9 $__________ $_____________
132 EXCAVATE, BACKFILL, COMPACT
AND INSTALL SERVICE VAULTS 3' X 5'
X 4' (AT&T)
EA 2 $__________ $_____________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 193 Spec No.2021-179
133 EXCAVATE, BACKFILL, COMPACTION
AND INSTALL PEDESTEL BOX PAD
(CITY TO PROVIDE)
EA 1 $__________ $_____________
134 EXCAVATE, BACKFILL, COMPACTION
AND INSTALL 504LA VAULT (CITY TO
PROVIDE)
EA 1 $__________ $_____________
135 EXCAVATE, BACKFILL, COMPACTION
AND INSTALL PPB PRIMARY
JUNCTION BOX (CITY TO PROVIDE)
EA 1 $__________ $_____________
136 EXCAVATE, BACKFILL, COMPACTION
AND INSTALL TRANSFORMER BOX
PAD (CITY TO PROVIDE)
EA 5 $__________ $_____________
137 EXCAVATE, BACKFILL, COMPACTION
AND INSTALL CONCRETE
TRANSFORMER PAD (POUR IN
PLACE)
EA 1 $__________ $_____________
138 EXCAVATE, BACKFILL, COMPACTION
AND INSTALL SECONDARY SERVICE
BOX (CITY TO PROVIDE)
EA 4 $__________ $_____________
TOTAL BASE BID➔ $_____________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 194 Spec No.2021-179
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 20____.
Licensed in accordance with an act providing for the registration of California Contractors License No. ______________, expiration date ________________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 195 Spec No.2021-179
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.
DOWNTOWN STREETSCAPE AND ROAD DIET
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
DOWNTOWN STREETSCAPE PROJECT
PHASE II 196 Spec No.2021-179
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract.
Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 197 Spec No.2021-179
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.
Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
DOWNTOWN STREETSCAPE PROJECT
PHASE II 198 Spec No.2021-179
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-
09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
DESCRIPTION
OF WORK
DOWNTOWN STREETSCAPE PROJECT
PHASE II 199 Spec No.2021-179
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 200 Spec No.2021-179
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 201 Spec No.2021-179
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on <<DATE OF BID OPENING>> for DOWNTOWN STREETSCAPE AND ROAD DIET
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 202 Spec No.2021-179
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing DOWNTOWN STREETSCAPE AND ROAD DIET by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
DOWNTOWN STREETSCAPE PROJECT
PHASE II 203 Spec No.2021-179
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor ______________________________________________, hereby certifies that he has ___ , has not , participated in
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or
11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on
Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
____________________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 204 Spec No.2021-179
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
_________________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 205 Spec No.2021-179
NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
DOWNTOWN STREETSCAPE PROJECT
PHASE II 206 Spec No.2021-179
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal
Action:
2. Status of Federal
Action:
3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 isSubawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable
8. Federal Action Number,if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature
value
e deferred
f. other, specify
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of
lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information
will be reported to Congress semiannually and will be
available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Federal Use Only:
Signature:
Print Name:
Title:
Telephone No.: Date:
Authorized for Local Reproduction
Standard Form – LLL Rev. 09-12-97
DOWNTOWN STREETSCAPE PROJECT
PHASE II 207 Spec No.2021-179
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10.(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
DOWNTOWN STREETSCAPE PROJECT
PHASE II 208 Spec No.2021-179
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
SF-LLL-Instructions Rev. 06-04-90
DOWNTOWN STREETSCAPE PROJECT
PHASE II 209 Spec No.2021-179
Exhibit 12-B Bidder’s List of subcontractor (DBE and Non-DBE) Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: HSIPL-5049(026) Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Subcontracted
Contractor
License
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package
DOWNTOWN STREETSCAPE PROJECT
PHASE II 210 Spec No.2021-179
Exhibit 12-B Bidder’s List of subcontractor (DBE and Non-DBE) Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms.
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Subcontracted
Contractor
License
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package
DOWNTOWN STREETSCAPE PROJECT
PHASE II 211 Spec No.2021-179
Exhibit 15-G Construction Contract DBE Commitment
1. Local Agency: City of Ukiah 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
3. Include additional copy with award package.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD
10. Bid
Item
Number
11. Description of Work, Service, or Materials
Supplied
12. DBE
Certification
Number
13. DBE Contact Information
(Must be certified on the date bids are opened)
14. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award
15. TOTAL CLAIMED DBE PARTICIPATION
$
21. Local Agency Contract Number:
22. Federal-Aid Project Number:
%
23. Bid Opening Date:
24. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date
28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone
30. Local Agency Representative's Title 20. Preparer's Title
25. Award Amount:
________________________________________________________
DOWNTOWN STREETSCAPE PROJECT
PHASE II 212 Spec No.2021-179
(916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
DOWNTOWN STREETSCAPE PROJECT
PHASE II 213 Spec No.2021-179
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION
1. Local Agency - Enter the name of the local agency that is administering the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location(s) as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
5. Bidder’s Name - Enter the contractor’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.
8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.
11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE.
14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided.
Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.
17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.
18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.
19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION
21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).
23. Bid Opening Date - Enter the date contract bids were opened.
24. Contract Award Date - Enter the date the contract was executed.
25. Award Amount – Enter the contract award amount as stated in the executed contract.
26. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.
27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.
29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.
DOWNTOWN STREETSCAPE PROJECT
PHASE II 214 Spec No.2021-179
Exhibit 15-H: Proposer/Contractor Good Faith Efforts
Federal-aid Project No(s). _________________ Bid Opening Date ___________________ The City of Ukiah established a Disadvantaged Business Enterprise (DBE) goal of 10% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial
Solicitation
Follow Up Methods and Dates
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________