RIVERSIDE PARK REGENERATION 30 Spec No.24-05
the Contract are fulfilled and the site is free of equipment and clean and ready for use by the public. The bid amount for Mobilization, Demobilization and Final Cleanup items shall not exceed 2.5% of the total construction contract base bid price.
2. Full compensation for implementation and maintenance of Storm Water Pollution Prevention Plan (SWPPP) and conforming to the requirements Section 13 shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment for doing all work involved in the submission, approval, implementation, maintenance, revising and amending of the approved SWPPP as specified herein, including CSMRP, REAP, site inspection reports and storm water annual report, and no additional allowance will be made therefor. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the requirements of this section "Storm Water Pollution Prevention Plan" as determined by the Engineer.
Retentions for failure to conform to the requirements of this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on the next monthly estimate for partial payment following the date that a SWPPP has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer.
3. Full compensation for preparation, implementation, sampling and reporting of Storm Water Sampling and Analysis and conforming to the requirements of this section shall be paid for at the contract unit price per each, which price shall include full compensation for furnishing all labor, materials, tools and equipment for doing all work involved in the preparation, implementation, sampling and reporting of each rain event as specified herein, and no additional allowance will be made therefor.
4. Full compensation to furnish, install and maintain Temporary Water Pollution Control Measures and conforming to the requirements of this section shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in the installation, construction, maintenance, removal and disposal of water pollution control practices, including non-storm water and waste management and materials pollution and water pollution control practices, except those shown on the plans for which there is a contract item of work and excluding developing, preparing, obtaining approval of, revising, and amending the SWPPP, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional allowance will be made therefore.No adjustment of compensation will be made for any increase or decrease in the quantities of temporary water pollution control measures, regardless of the reason for the increase or decrease. The provisions in Section 9-1.06, "Changed Quantity Payment Adjustments," shall not apply to temporary water pollution control measures.
5. Full compensation for developing, updating and maintaining Progress Schedule (Critical Path Method) will be paid for at the contract lump sum price, which price shall include developing and submitting a CPM progress schedule, updating and submitting the schedule every 2 calendar weeks, and maintaining the schedule through the duration of the contract, as specified in these Construction Details, and no additional allowance will be made therefor. Payment for Progress Schedule (Critical Path Method) shall be as follows:
• A total of 25 percent of the item total is paid upon completion of 5 percent of all work and acceptance of a schedule of values for each lump sum item in the bid schedule,
• A total of 50 percent of the item total is paid upon completion of 25 percent of all work, • A total of 75 percent of the item total is paid upon completion of 50 percent of all work, and • A total of 100 percent of the item total is paid upon completion of all work.
6. Full compensation for furnishing, placing, maintaining, and removing the Construction Area Signs will be paid for at the contract lump sum price, which price shall include furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and installing temporary construction area signs including changeable message boards, arrow boards, temporary relocation of regulatory signs, and for erecting or placing, maintaining (including covering and uncovering as needed) and when no longer required, removing construction area signs as specified in these Construction Details, and no additional allowance will be made therefor.
7. Full compensation for Construction Survey will be measured and paid for at the contract lump sum price and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in establishing and maintaining vertical control and horizontal control, staking, and related construction surveying required to perform the Work, and no additional allowances will be made therefor.
RIVERSIDE PARK REGENERATION 31 Spec No.24-05
8. Full compensation for Remove Debris Material will be measured and paid for at the contract unit price per cubic yard and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in the removal of debris piles, hauling and disposal of removed materials, as specified in these Construction Details and shown on the Plans, and no additional allowances will be made therefor.
9. Full compensation for Clearing and Grubbing will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in clearing and grubbing, including but not limited to tree removal, vegetation removal, traffic control, dust control, construction water, vegetation, tree and brush removal, hauling, disposal fees, and coordination with utilities. within the limits shown on the Plans and as specified in these Construction Details, and no additional allowances will be made therefor.
10. Full compensation for Remove Tree and Stump will be measured and paid for at the contract unit price per each, which price shall include full compensation for all labor, materials, tools and equipment and doing all the work involved in removing street trees, including excavation and removal and all other incidentals, as shown on the Plans and specified in these Construction Details, and no additional allowances will be made therefor.
11. Full compensation for Export Soil (Allowance) will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as specified in the Contract Documents, and as directed and approved by the Engineer including traffic control, temporary stockpiling, additional handling, loading, trucking, dump fees.
12. Full compensation for Tree Protection will be measured and paid for at the contract unit price per lump sum, which price shall include full compensation for all labor, materials, tools and equipment and doing all the work involved in protecting trees, as shown on the Plans and specified in these Construction Details, and no additional allowances will be made therefor.
13. Full compensation for Grading (Allowance) will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as shown on the Plans, including, but not limited to plans sheets , and all associated section and detail plans, as directed and approved by the Engineer, including traffic control, excavation, temporary stockpiling, placement, compaction, dust control, construction water, subgrade preparation, over excavation & recompaction, geotechnical fabrics (if applicable), and import of any select fill as necessary. Handling, stockpiling, and placing of utility trench spoils, or any other activities generating earth spoils shall be considered incidental to the item of work. Contractor shall plan finished grades accordingly to incorporate utility trench spoils, or other earth spoils into their earthwork.
Prior to exporting soil, the Contractor shall meet with Engineer to discuss quantity of export and get authorization.
Measurement shall be based on dump receipts from a landfill quantities as verified by engineer. Export Soil is an allowance to be used at the Engineer’s discretion and approval. The Contractor is only entitled to compensation for this item with written authorization from the Engineer.
14. Full compensation for Bentonite will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as shown on the Plans, including, but not limited to plans sheets, and all associated section and detail plans, as directed and approved by the Engineer, excavation, temporary stockpiling, placement, compaction, dust control, construction water, subgrade preparation, over excavation & recompaction, geotechnical fabrics (if applicable), and import of any select fill as necessary. Handling, stockpiling, and placing of utility trench spoils, or any other activities generating earth spoils shall be considered incidental to the item of work. Contractor shall plan finished grades accordingly to incorporate utility trench spoils, or other earth spoils into their earthwork.
15. Full compensation for Soil Amendment Placement will be measured and paid per square foot and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in placing the amendments, including excavation, incorporation, compaction and placing backfilling, amendments complete in place, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer. Contractor to determine quantity required, City will provide and deliver soil amendment to project site.
16. Full compensation for Basalt Chip will be measured and paid per cubic yard and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved
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in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.
17. Full compensation for Planting will be measured and paid per each and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer
18. Full compensation for Hydroseed will be measured and paid per square foot and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.
19. Full compensation for Irrigation will be measured and paid per lump sum and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.
20. Full compensation for Plant Establishment Work will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in maintaining the new landscape planting for a 125 day plant establishment period starting after Notice of Substantial Completion of the contract, including but not limited to irrigation system maintenance, replacement of damaged or defective irrigation system components, and replacement of damaged plants and trees, trimming of plants and trees, fertilizing, removal of weeds, pest control, debris removal, and all incidentals, as shown on the Plans and City of Ukiah Standard Plans, and specified in these Construction Details, and no additional allowances will be made therefor.
BID ALTERNATES
A1. Full compensation for Boulder Placement will be measured and paid per each and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in placing the boulder, including excavation, compaction and placing backfilling, boulder complete in place, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.
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DIVISION II GENERAL CONSTRUCTION
10 GENERAL
No Changes.
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12 TEMPORARY TRAFFIC CONTROL
Add to section 12-1.01:
Prior to commencing construction which will affect existing traffic, the Contractor shall submit for review by the Engineer, a Traffic Control Plan on 11" x 17" paper which contains only information specifically related to work zone traffic control, including pedestrian traffic control. The plan will show which California MUTCD typical application is to be used for each work operation. If the Contractor proposed to use the current edition of the MUTCD in specific work operations, they shall submit in writing for consideration which Typical Application Diagram will be used for each work operation. A Traffic Control Plan or proposal shall be submitted to the Engineer for review at least two weeks prior to implementation. Upon request, the Contractor shall submit to the Engineer a sketch showing the proposed signing and barricading to be used in the project.
RIVERSIDE PARK REGENERATION 33 Spec No.24-05
The Traffic Control Plan shall be prepared by, sealed and signed a California licensed civil or traffic engineer and contain a title block which contains the Contractor's name, address, phone number, project superintendent's name, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment.
The content of the Traffic Control Plan shall include, but is not limited to, the following:
A. Show location and limits of the work zone.
B. Give dimensions of lanes affected by traffic control that will be open to traffic.
C. Indicate signing, cone placement, and other methods of delineation and reference to appropriate City or Caltrans standard.
D. Dimension location of signs and cone tapers.
E. Identify side streets and driveways affected by construction and show how they will be handled.
F. Show how pedestrian access to businesses will be maintained through the construction site.
G. Show how pedestrian traffic will be handled through the construction site.
H. Show how public transit will be handled through the construction area.
I. Demonstrate how two-way traffic will be maintained.
J. Identify message board locations. A minimum of four (4) changeable message boards and four (4) arrow boards shall be required.
No work except for installation of project identification signs will be allowed to commence prior to approval of the Work Zone Traffic Control Plan.
Traffic shall be maintained at all times as provided in these Special Provisions except as otherwise approved by the Engineer.
The Contractor will be required to keep all residents and businesses notified of the work schedule as it affects their access.
The Contractor shall maintain contact with the Ukiah Electric Utility Department dispatch office regarding start and completion of the following:
• Construction activity that may impede emergency vehicles, school buses, etc. • Construction activity such as trenches or other excavation that prohibit access. • Construction activity that removes a fire hydrant from service.
The Contractor shall provide the name and telephone number of a person directly responsible for the construction activity to the Ukiah Police and Fire Departments and Life Medical Paramedic Ambulance Service.
The Contractor shall be responsible for supplying, installing and maintaining such fences, barriers, lights, signs and flaggers as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof.
All traffic control equipment shall be removed when it is no longer required Replace section 12-1.03 with:
The Contractor shall be responsible for all costs of furnishing all flaggers, including transporting flaggers and furnishing all materials and equipment to provide passage of traffic through the work as specified in section 7-1.03 and 7-1.04.
Add to section 12-3.01A(1):
Construction area traffic control signs, equipment and devices shall be furnished, installed, maintained, and removed when
RIVERSIDE PARK REGENERATION 34 Spec No.24-05
no longer required in accordance with the provisions in Section 7-1.03 and Section 12 of the Standard Specifications, the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD), and as directed by the Engineer.
Notify Underground Services Alert (USA) at (800) 227-2600 or 811 a minimum of two (2) working days prior to installing signposts.
Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary Traffic Control," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from these responsibilities.
Replace section 12-3.20D with:
Attention is directed to "Public Safety" and "Order of Work" of these special provisions.
Temporary railing (Type K) placed in conformance with the provisions in "Public Safety" of these special provisions will be neither measured nor paid for. The cost to provide temporary railing (Type K) is included in the various items of work.
Add to section 12-3.10:
If it becomes necessary for the City of Ukiah to replace or place additional barricades in order to provide adequate safety to the public, the Contractor will be charged $1 per barricade per day or portion thereof plus the cost of placement and removal. The Contractor will also be charged for replacement of damaged City barricades. The Contractor shall furnish and place barricades within 3 working days. No removal charge will be made if the Contractor returns City barricades to the Municipal Service Center.
Add to section 12-3.10:
The contractor will provide and maintain ALL necessary signs and materials to ensure the public is aware of any limitation, including detours, on-way streets, street closure, turn movement restrictions, lane closures, and any other signage necessary. Contractor will also provide Business Open and similar signs as will be requested as part of the traffic plan approval.
Add to section 12-4.02A:
Designated holidays are shown in the following table:
Designated Holidays
Holiday Date observed
New Year's Day January 1st
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
If a designated holiday falls on a Sunday, the following Monday is a designated holiday. If November 11th falls on a Saturday, the preceding Friday is a designated holiday.
Personal vehicles of your employees shall not be parked on the traveled way or shoulders, including sections closed to traffic.
For all work, if work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area with fluorescent orange traffic cones or portable delineators. Place the cones or delineators on a taper in advance of the parked vehicles or equipment and along the edge of the traveled way at 25-foot intervals to a point not less than 25 feet
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past the last vehicle or piece of equipment. Use at least 9 cones or delineators for the taper. Use a W20-1, "Road Work Ahead," W21-5b, "Right/Left Shoulder Closed Ahead," or C24(CA), "Shoulder Work Ahead," sign mounted on a crashworthy, portable sign support with flags. The sign must be 48 by 48 inches and placed as ordered by the Engineer. If a cone or delineator is displaced or overturned, immediately restore the device to its original position or location.
Exact locations of Project Identification signs and Advance Notice signs shall be determined in the field by the Engineer.
Except as noted elsewhere, only one lane may be closed at a time and no lanes shall be closed at any other hours unless specifically approved by the Engineer. The Contractor shall maintain vehicle access to adjacent streets, homes, businesses and other properties at all times while work is in progress except when necessary construction precludes such access for reasonable periods of time as determined by the Engineer.
When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 12 feet without written approval from the Engineer.
The Contractor will be required to maintain vehicle access to homes, businesses and other properties within the block where work is in progress.
The Contractor shall maintain 2-way traffic for all work on East Gobbi Street.
The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way. At a minimum, the Contractor shall call the Fire Department at (707) 463-6261 daily to report any traveled way closure. This requirement applies immediately upon closure for that day and again immediately after removal of the closure. For closures over multiple days, the daily notification still applies. This requirement does not apply for single lane closures on multiple lane local streets.
If the Contractor has been given an approved Traffic Control Plan that includes road closures, they will be required to maintain vehicular access to homes, businesses and other properties where work is in progress within the closure area.
Existing and regulatory signs are to be temporarily relocated, as directed by the Engineer, until new traffic signals are in place and operable for two-way traffic.
Seventy-two (72) hours prior to construction, the Contractor shall place a notice on each front door, and attempt to notify each owner or tenant verbally that work will be underway within his block between stated hours, and request that cars be parked out of the roadway by 9:00 a.m. Service of notice shall not bar use of cars within the block; however, as individual plans change and emergencies may arise.
Cross streets will require maintenance of at least one-half (½) width of each street for traffic purposes, unless a parallel route is approved by the Engineer. Flagging will only be allowed between the hours of 9:00 a.m. and 3:00 p.m.
Existing traffic signals shall remain in service at all times.
Barricades and flaggers shall be positioned to allow safe turns at intersections.
Replace section 12-4.02A(3)(b) with:
Every Monday by noon, submit a closure schedule request of planned closures for the next week period. The next week period is defined as Friday midnight through the following Friday midnight.
Submit a closure schedule request not less than 25 days and not more than 125 days before the anticipated start of any activity that reduces:
1. Horizontal clearances of traveled ways, including shoulders, to 2 lanes or less due to activities such as temporary barrier placement and paving
2. Vertical clearances of traveled way, including shoulders, due to activities such as pavement overlays, overhead sign installation, falsework, or girder erection
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Submit closure schedule amendments, including adding additional closures, by noon at least three (3) business days before a planned closure.
Cancel closure requests by notifying the City at least 48 hours before the start time of the closure.
You will be notified by the City of unauthorized closures or closures that require coordination with other parties as a condition for authorization.
The Engineer may reschedule a closure cancelled due to unsuitable weather.
If a closure is not opened to traffic by the specified time, suspend work. No further closures are allowed until the Engineer has reviewed and authorized a work plan submitted by you that ensures that future closures will be opened to traffic by the specified time. Allow 2 business days for review of your proposed work plan. The City does not compensate you for your losses due to the suspension of work resulting from the late opening of closures.
Notify the Engineer of delays in your activities caused by:
1. Your closure schedule request being denied although your requested closures are within the specified time frame allowed for closures. The City does not compensate you for your losses due to amendments to the closure schedule that are not authorized.
2. Your authorized closure being denied.
If you are directed to remove a closure before the time designated in the authorized closure schedule, you will be compensated for the delay.
Replace section 12-4.02C(3)(f) with:
Replace "Reserved" in section 12-4.02C(3)(j) with:
Add to section 12-4.02C(7):
12-4.02C(7)(a) General
Section 12-4.02C(7)(c) includes specifications for closing traffic lanes, with stationary lane closures on multilane highways. The traffic control system for a lane closure must comply with the details shown.
Traffic control system includes signs.
Each vehicle used to place, maintain, and remove components of a traffic control system on a multilane highway must be equipped with a Type II flashing arrow sign that must be in operation whenever the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with a Type II flashing arrow sign not involved in placing, maintaining, or removing the components if operated within a stationary-type lane closure must display only the caution display mode. The sign must be controllable by the operator of the vehicle while the vehicle is in motion. If a flashing arrow sign is required for a lane closure, the flashing arrow sign must be operational before the lane closure is in place.
Whenever components of the traffic control system are displaced or cease to operate or function as specified from any cause, immediately repair the components to the original condition or replace the components and restore the components to the original location.
For a stationary lane closure made only for the work period, remove the components of the traffic control system from the traveled way and shoulder, except for portable delineators placed along open trenches or excavation adjacent to the traveled way at the end of each work period. You may store the components at selected central locations designated by the Engineer within the limits of the highway.
Add to section 12-4.04:
The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in the California MUTCD, the improvement Plans,
RIVERSIDE PARK REGENERATION 37 Spec No.24-05
and these special provisions.
Pedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates the most desirable characteristics of the existing sidewalk, path or footpath and maintains pedestrian access to all park amenities out side of the limits of work..
Pedestrians shall not be led into conflicts with work site vehicles, equipment or operations. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLLUTION CONTROL
Add to section 13-1.01A:
The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement.
Add to section 13-3.01A:
The project is risk level 2.
Delete "for a risk level 2 or risk level 3 project" and "for a risk level 3 project" at every occurrence in section 13-3.
Whenever a qualifying rain event produces runoff, sampling and analysis work must comply with the Storm Water Pollution Prevention Plan (SWPPP).
A storm water annual report must cover the preceding period from October 16th to October 15th. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
14 ENVIRONMENTAL STEWARDSHIP
Add to section 14-1.02:
When the Engineer determines that temporary fence (Type ESA) is no longer required, remove and dispose of it under Section 14-10, "Solid Waste Disposal and Recycling," of the Standard Specifications.
Backfill and repair ground disturbance caused by the installation and removal of temporary fence (Type ESA), including holes and depressions, under Section 5-1.36, " Property and Facility Preservation," of the Standard Specifications.
Replace section 14-2.03A with:
Section 14-2.02 applies if archaeological resources are discovered at the job site. Archaeological resources include chipped or ground stone, historic debris, building foundations and human bone. Do not disturb the resources and immediately:
1. Stop all work within 100 feet of the discovery.
2. Protect the discovery area.
3. Notify the Engineer.
The City of Ukiah will provide a qualified archaeologist to assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City and other appropriate agencies.
Replace section 14-4.01 with:
If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (NAHC) (PRC 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
1. The county coroner has been informed and has determined that no investigation of the cause of death is required; and
RIVERSIDE PARK REGENERATION 38 Spec No.24-05
2. If the remains are of Native American origin, the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provide in the PRC 5097.98.
Or:
3. The NAHC was unable to identify a decedent, or the descendent failed to make a recommendation within 24 hours after being notified by the commission.
If human remains are discovered during any demolition/construction activities, all ground-disturbing activities within a 330 foot radius of the remains shall be halted immediately, and the Mendocino County coroner shall be notified immediately, according to Section 5097.98 of the state Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the County coroner to be Native American, the NAHC shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The City shall consult with the Most Likely Descendant, if any, identified by the NAHC regarding the treatment and disposition of the remains.
Should paleontological resources be identified at any project construction site, the Contractor shall cease operation within a 330 foot radius of the discovery and immediately notify the City. The City will provide a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. In considering any suggested mitigation proposed by the paleontologist, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the discovery, project design, costs, land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out.
Add to section 14-6.03B:
Construction shall not cause nest abandonment of special-status species of birds or destruction of active nests of species protected by the Migratory Bird Treaty Act or Section 3503 of the California Department of Fish and Wildlife (CDFW) Code (protection of nesting passerines). The following measures shall be implemented to avoid disturbing any special status species nesting above ground. Vegetation removal conducted during the nesting period shall require a pre-construction survey for active bird nests, conducted by a qualified biologist. No known active nests shall be disturbed without a permit or other authorization from the U.S. Fish and Wildlife Service (USFWS) and the CDFW
1. For earth-disturbing activities occurring during the breeding season (March 1 through September 1), a qualified biologist shall conduct pre-construction surveys of all potential nesting habitat for all birds within 500 feet of earth disturbing activities.
2. If active special status bird nests are found during pre-construction surveys:
a. A 500 foot no-disturbance buffer shall be created around active raptor nests during the breeding season or until it is determined that all young have fledged.
b. A 250 foot buffer zone will be created around the nests of other special status birds and of all other birds that are protected by CDFW Code 3503. These buffer zones are consistent with CDFW avoidance guidelines; however, they may be modified in coordination with CDFW based on existing conditions at the project site.
3. If preconstruction surveys indicated that nests are inactive or potential habitat is unoccupied during the construction season, no further mitigation is required. Shrubs and trees that have determined to be occupied by special status birds or that are located 500 feet from active nests may be removed.
4. If vegetation removal activities are delayed or suspended for more than two weeks after the pre-construction survey, the areas shall be resurveyed.
The City of Ukiah will provide a qualified biologist. The Contractor shall refer to mitigation measures in the approved IS/MND (refer to attachments) coordinate with the City of Ukiah and the biologist and schedule all surveys sufficiently in advance so as to not cause delays in the Work. The Contractor shall anticipate and incorporate such surveys into the construction schedule.
Replace the 2nd paragraph of section 14-8.02 with:
The Contractor’s attention is directed to the provisions of Section 14-8, “Noise and Vibration", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of the General Conditions concerning the
RIVERSIDE PARK REGENERATION 39 Spec No.24-05
control of noise emissions and authorized work hours and days.
Do not exceed 86 dBA LMax at 50 feet from the job site activities from 7:00 p.m. to 7:00 a.m. except you may operate equipment within the project limits during these hours to:
1. Service traffic control facilities
2. Service construction equipment
The Contractor shall notify all residents within a 500-foot radius of the construction site about the proposed construction schedule. The notification shall be in writing and it shall be developed by the Contractor and submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification.
The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with these requirements and of the Standard Specifications.
The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.
Add to section 14-9.02:
The Contractor shall comply with the Mendocino County Air Quality Management District Rules 1-410 and 4-130.
Add to section 14-11.01:
Bidder’s attention is directed to the fact that the proposed project is located in an area that contains no known subsurface petroleum hydrocarbon contamination.
The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout the project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination may be either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.) Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40-hour OSHAHAZWOPER certified workers in the contaminated area. The Contractor shall also provide a field Site Safety Officer that is also an 8-hour OSHA-HAZWOPER Supervisor trained to directly oversee the contaminated materials removal and handling operation. All workers in this circumstance must have their initial and annual renewal refresher training, medical clearance and personal protection equipment in accordance with 8CCR Section 5192.
Soil: Excavated material shall be disposed of on the work site, except for soils graded and moved in the areas (refer to Soil Sampling Report dated June 5, 2022 for soil handling guidelines). All material excavated from trenches in the project area shall be the property of the Contractor. Prior to disposal of any excess material from the work site, the Contractor shall submit to the Engineer written authorization for such disposal and entry permission signed by the approved disposal site. Contractor shall comply with all disposal regulations such as City, County, and/or State permits and license, as may be required.
Water: Groundwater may be encountered during the course of excavation. If it is encountered, the Contractor shall immediately notify the City. The Contractor shall remove all water which accumulates in the excavation during the progress of work until the pipe or other structures are installed and until backfilling has progressed to a sufficient height to anchor the work against possible flotation or leakage. At all times, the Contractor shall have a minimum of 2 working pumps available for immediate use at all times.
Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City staff. Said water shall be disposed of in a manner as to cause no injury to public or private property, or be a menace to public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by placing the pump inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean gravel. The outlet of the pump shall have a filter sock installed to retain residual sediment.
RIVERSIDE PARK REGENERATION 40 Spec No.24-05
If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping and immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or storm drain system.
Contractor shall be responsible for constructing, operating and maintaining all necessary features to complete the work including furnishing, installing and maintaining all pumping and other equipment required to dewater any trenches containing water as may be encountered during performance of the work. Dewatering plan for each occurrence shall be approved by the Engineer prior to implementation. At the permanent conclusion of dewatering operations, all dewatering equipment shall be removed from the job site.
Add to section 14-11.08E:
Dust control shall conform to the provisions of Section 14-11.08E and Section 18 of the Standard Specifications.
Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall have a stabilized access in accordance with the Plans and referenced details. Unpaved construction staging areas shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.
The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes.
Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
15 EXISTING FACILITIES
Add to section 15-1.03A:
All known obstructions to the work are indicated on the plans. However, the City cannot guarantee the accuracy of this information. The Contractor will be held responsible for the maintenance and protection of or damage to existing facilities, structures, obstructions and all underground facilities shown on the Plans or brought to the Contractor's attention during the course of the work.
The Contractor shall notify owner agencies for locations of utilities or facilities prior to excavation.
The owning utility shall be immediately notified of any damage which is caused by the operations of the Contractor to any facility, utility or structure. At the owning utility's discretion, repairs shall be made by the Contractor at the owning utility's direction or by the utility, all to the satisfaction of the Engineer.
All pothole work to expose existing utilities shall be done by vacuum excavation methods. The preferred method of excavation shall be by high pressure air. Use of water fluid for excavation shall only be by permission of the City Engineer.
Maximum dimension of the pothole shall be 12 inches by 12 inches. All excavation material shall be removed and disposed of by the contractor. Backfill material shall be Class 2 aggregate base compacted to 90% relative compaction. Prior to paving, the pothole shall be cut to provide a clean vertical edge to pave against. The final dimension of the pothole prior to paving shall be 12 inches by 12 inches maximum. The asphalt concrete shall be a ½ inch mix having a depth of 4 inches.
All pothole work shall comply with the Traffic Control provisions of Standard Specifications and these special provisions.
Water and sewer assets including pipework, sewer manholes, valve boxes, hydrants and surface features including concrete sidewalk, curb ramp, shoulder and curb and gutter as well as other miscellaneous items designated on the Plans to be removed shall be removed by the Contractor. The Contractor shall dispose of all Asbestos Cement Pipe (ACP) in accordance with the Contractor’s State Licensing Law and all applicable laws and regulations. The Contractor shall dispose of all Portland cement concrete and asphalt concrete generated from removal or demolition activities on the project at a recycler for these materials. The Contractor shall provide receipts verifying delivery and approximate quantities (in tons) of the material delivered to a material recycler. All other excess materials from the project shall become the property of the Contractor and shall be disposed of by him at his expense.
Add to section 15-1.03B:
RIVERSIDE PARK REGENERATION 41 Spec No.24-05
All removed material, unless otherwise specified, shall become the property of the Contractor and shall be disposed of outside of the right-of-way.
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16 TEMPORARY FACILITIES
No Changes.
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DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Add to section 17-2.03A:
This work shall consist of removing all objectionable material within the limits shown on the Plans and as directed by the Engineer. Clearing and grubbing shall be performed in advance of grading operations and in accordance with the requirements of these Special Provisions.
Special care shall be taken by the Contractor to protect adjacent property, improvements, utilities facilities from damage.
Any such objects or improvements so damaged shall be replaced or restored in kind by the Contractor, at his own expense, to the satisfaction of the Engineer.
The area to be cleared and grubbed shall be the area shown on the Plans, unless otherwise specified.
All stumps, large roots, and other objectionable materials shall be removed to a depth of 3 feet below finished.. The resulting spaces shall be backfilled with suitable fill material placed and compacted in accordance with the applicable provisions of Section 19-6.03 of the Standard Specifications.
Add to section 17-2.03B:
The locations of trees planned for removal are shown on the Plans.
The Engineer shall be contacted a minimum of 48 hours prior to any tree removal to perform an on-site inspection and clearance. Trees shall be removed in a manner satisfactory to the Engineer.
Tree roots that are identified on the Plans to be removed that are in conflict with new facilities shall be removed in their entirety or to provide the minimum clearances to new facilities as indicated below, regardless of root diameter. No separate compensation will be paid for removing roots identified on the Plans.
Where tree roots that are not identified on the Plans to be removed interfere with the construction shown on the plans, , the Contractor shall excavate and expose the roots for inspection by the Engineer. Upon approval from the Engineer, the Contractor shall remove tree roots which are four (4) inches or less in diameter to provide a minimum clearance of six inches to any new facility. No separate compensation will be paid for removing roots not identified on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
18 DUST PALLIATIVE
Add to section 18-1.01A:
The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 18, “Dust Palliative,” of the Standard Specifications except as modified by these Special Provisions.
The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200.
RIVERSIDE PARK REGENERATION 42 Spec No.24-05
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19 EARTHWORK
Add to section 19-1.03B:
Unsuitable material shall be removed and replaced in accordance with the provisions of Section 19-1.03 of the Standard Specifications and these Special Provisions. Material below the natural ground surface in embankment areas, and basement material below the grading plane in excavation areas that is determined by the Engineer to be unsuitable for the planned use shall be excavated and disposed of as directed or approved by the Engineer.
When unsuitable material is removed and disposed of, the resulting space shall be filled with material suitable for the planned use. Such suitable material shall be placed and compacted in layers as hereinafter specified for constructing embankments.
Existing utilities exposed during subgrade excavation shall be immediately brought to the attention of the Engineer.
Excess materials from the excavation shall become the property of the Contractor and shall be disposed of by the Contractor at the Contractor’s expense.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
20 LANDSCAPE
Replace the 3rd paragraph of section 20-2.01A(4)(b)(i) with:
Perform pressure testing using Method B to test supply lines (1) located on the discharge side of the valve, (2) installed by trenching and backfilling, or (3) completely visible after installation.
Replace section 20-2.01B(6) with:
Unions must be injection molded PVC, schedule 80.
Replace the 1st and 2nd paragraph of section 20-2.01B(7) with:
Valve boxes must be HDPE with T-Cover bolt down lids, color Green Replace the 1st paragraph of section 20-2.10B(2) with:
Each ball valve must be injection molded PVC, schedule 80.
Replace the section 20-2.10B(4) 2.1.1 with:
Can withstand a working pressure of 120 PSI.
Replace item 2 in the list in the 1st paragraph of section 20-2.10B(10)(a) with:
2. Be glass-filled nylon.
add item 12 in the list in the 1st paragraph of section 20-2.10B(10)(a) with:
2. Each valve requires a decoder for communication with controller.
Add to section 20-10.02C(4):
An existing irrigation system is present within the project area. Protect all irrigation facilities when encountered during the course of the Work and in excavations.
Replace section 20-3 with:
20-3.01 GENERAL
20-3.01A General Conditions
Drawings and General Provisions of the Contract, including General and Supplementary Conditions shall apply to all Work in this Section with the same force and effect as though repeated in full herein.
Site shall be free of weeds, native grasses, Bermuda grass, and Kikuyu grass prior to any planting or soil amendment placement.
RIVERSIDE PARK REGENERATION 43 Spec No.24-05
All rock and other growth or debris accumulated throughout the duration of the project shall be removed from the Project Site by the Contractor.
Prior to excavation for planting or placing of plant materials, the Contractor shall locate all underground utility lines still in use and take proper precautions to avoid damage to such improvements. In the event of a conflict between such lines and plant material locations, the Contractor shall notify the Engineer who shall arrange for the relocation of one or the other. The Contractor assumes all responsibility for making any or all repairs for damages resulting from Work as specified herein.
Grading and soil preparation work shall be performed only during the period when beneficial and optimum results may be obtained. If the moisture content of the soil should reach such a level that working it would destroy soil structure or cause compaction, spreading and grading operations shall be suspended until, in the opinion of the Engineer, the moisture content is increased or reduced to acceptable levels and the desired results are likely to be obtained.
Contractor shall coordinate all drainage work with the other trades. Established site drainage shall be maintained by the Contractor during all phases of landscape construction.
Grade all areas by filling and/or removing surplus soil as needed to ensure proper grades and drainage as indicated on the plans.
Except where surface roughening is shown on plans, all undulations and irregularities in the planting surfaces resulting from tillage, rototilling, and all other operations, and all ridges and rises which are visually evident and would affect the maintenance of any planting area, shall be leveled and floated out before planting operations are initiated.
Final finish grades shall insure positive drainage of the Project Site with all surface drainage away from buildings, walls, and toward driveways, drain inlets, and catch basins.
Final grades shall be surveyed and confirmed by contractor, grades must acceptable to the Engineer before planting operations will be allowed to commence.
The above conditions shall also apply to the final finish grade at the time of project completion.
Actual planting shall be performed during those periods when weather and soil conditions are suitable in accordance with locally-accepted horticultural practice as approved by the Engineer.
All scaled dimensions are approximate. Before proceeding with any Work, the Contractor shall carefully check and verify all dimensions and shall immediately notify the Engineer of any discrepancy between the Contract Drawings and/or Contract Specifications and the actual Project Site conditions.
Quantities of plant materials are shown for the Contractor’s convenience only and are not guaranteed. The Contractor shall check and verify count and shall furnish a sufficient number of plant materials as needed to fulfill the intent and complete the Work as shown in the Contract Drawings. Plan plant symbol quantities shall take precedence over quantities indicated in the Plant List and Plan callouts.
Contractor shall make arrangements to have a complete set of Contract Drawings and Contract Specifications at the Project Site at all times during Work under this Section.
As-Built Plans shall be prepared by the Contractor indicating any deviations in Work described herein and on the Contract Drawings, with respect to changes in materials, plant species, sizes, locations, and alignments. As-Built Plans shall be prepared by marking the changes on a conformed set of diazo prints in red ink. Provide As-Built Plans to the Engineer at the end of the contracted Maintenance Period. 20-3.01A(1) Summary
This Section includes all materials, labor, transportation, services, and equipment necessary to install landscape planting and landscape construction items as shown on the Contract Drawings, and as specified herein this Section.
This Section includes the following Scope of Work:
Fine Grading
RIVERSIDE PARK REGENERATION 44 Spec No.24-05
Soil Preparation
Pre-Planting Weed Control
Tree, Shrub and Groundcover planting
Staking and Tying
Planting Soil
Soil Conditioners, Amendments, and Fertilizers
Mulches (wood products, aggregates)
Decorative Stone
20-3.01A(2)(a) Definitions
“Engineer” in this Section shall refer to the Agent designated by the City of Ukiah.
Acceptance: Wherever the terms “acceptance”, “approved”, “acceptable” or “directed” are used herein, they mean acceptance by the Engineer in writing.
Plant Material(s) refers to all living plants, inclusive of trees, palms, shrubs, groundcovers, vines, turf, and grasses.
Planting Area (P.A.) as indicated on the Contract Drawings, shall mean all areas to be installed with plant material(s), or as areas where existing trees and/or vegetation shall be protected.
ASTM – American Society for Testing Materials.
USDA – United States Department of Agriculture.
ANSI – American National Standards Institute.
Plant Height: Measurement of main body height, not measurement to branch tip.
Plant Spread: Measurement of main body diameter, not measurement from branch tip to branch tip.
Finish Grade: Elevation of finished surface of planting soil.
Topsoil: Naturally occurring soil from the A horizon (top layer).
Planting Soil: Topsoil which has been amended to meet the specification for planting soil in this section. Import soil that meets the specification for planting soil in this section. Planting soil may also be referred to as Manufactured Topsoil.
Subsoil: Native soil below topsoil, native soil remaining after construction excavation or fill or backfill material in place after completion of excavation and rough grading, before placement of planting soil.
Bioretention: A planting area that will be receive stormwater runoff. Per the plans, these planters have a unique plant palette, boulders, and a soil mixture with a higher percolation rate in addition to regular planting soil. Planter: Isolated area of planting soil for trees, shrubs, and groundcover. May be raised and or partially surrounded by concrete sidewalk.
20-3.01A(2)(b) Reference Standards
All plant material shall be true to botanical and common name as indicated in the following:
Sunset Western Garden Book, Sunset Publishing Corporation, 2023.
American Standard for Nursery Stock, ANSI Z60.1-1966, edition, American Association of Nurserymen, and American National Standards Institute.
All plant material shall conform to the California State Department of Agriculture’s regulations for nursery inspections, rules, and ratings.
20-3.01A(3) Submittals
RIVERSIDE PARK REGENERATION 45 Spec No.24-05
Submit each item in this Article according to the Conditions of the Contract and this Specification Section.
Contractor shall submit no later than thirty (30) days after award of Contract, four (4) bound booklets. Each booklet under this Section shall be tabbed into specific sections, containing clearly identified (through yellow highlighter or other identification methods) and legible information on the following landscape information indicated in this Article:
Product certificates, legible, signed by manufacturer, certifying that their products comply with specified requirements. Certificates shall include grades, analysis, amount, supplier, species, type, size, and quantity where applicable.
Manufacturer's certified analysis for standard products.
Analysis for other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable.
Label data substantiating that plants, trees, shrubs, and planting materials comply with specified requirements.
Soil amendment receipts containing analytical data.
Receipts from the soil supplier of all soil mixes specified in this Section.
Soil analysis and testing for soil fertility with recommendations and percolation tests by independent laboratory.
List of all proposed landscape materials indicated by description, manufacturer, and model number. Include catalog cuts and manufacturer’s current printed instructions of all material items described herein this Section.
List of all trees, shrubs and ground covers, indicated by botanical name, common name, height, spread, caliper, container size, nursery, and location, contact person at nursery, and any specific remarks (i.e. “unable to locate”, “photo submitted”, etc.)
Color photographs of each tree type. Include a person or tape measurer in each photograph for scale purposes. Digital photographs may be acceptable or preferred. Approval of photographs does not indicate acceptance of plant material on site.
Planting schedule, indicating anticipated dates and locations for each type of planting.
The Contractor shall submit no later than thirty (30) days after the award of Contract the following two (2) sets of physical samples sent to the Engineer in resealable, labeled plastic bags (as applicable):
One (1) tree tube.
½ cubic foot each of landscape mulch materials, i.e. shredded bark mulch, aggregate, etc. ½ cubic foot of planting soil.
½ cubic foot of import bioswale soil.
Qualification data for firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects and owners, and other information specified.
Soils Analyses and Testing: Contractor shall submit agronomic analyses of existing soil if proposed to be used as planting soil, import soil if proposed to be used as planting soil, and raingarden soil as follows. Analyses shall be performed by independent testing agency.
RIVERSIDE PARK REGENERATION 46 Spec No.24-05
Stockpiled Existing Soil and Import Soil before placement: Analysis of existing soil prior to application of amendment indicating soluble salts, pH, texture, and organic matter content. Analysis shall state recommended amendments and procedures required to create planting soil that meets this specification.
Amendment recommendations shall prioritize use of Organic Compost and other organic amendments as needed. Analysis shall describe any other topsoil qualities which may be detrimental to plant growth and health. Provide one test per source.
Planting Soil after placement and amendment: Immediately following site fine grading (placement, integration, and grading of planting soil) and prior to commencing landscape planting, Contractor shall provide horticultural soils fertility test and percolation test results to the Engineer to verify that installed planting soil meets specifications. Provide (5) samples at the locations designated by the Engineer. 20-3.01A(4) Quality Assurance
Installer Qualifications for all items indicated herein this Section: Licensed Landscape Contractor, C-27, in the State of California.
Engage an experienced, licensed Contractor who has completed landscaping work similar in material, design, and extent to that indicated for this Project and with a record of successful landscape establishment.
Installer's Field Supervision: Contractor shall maintain an experienced, full-time landscape supervisor/superintendent at the Project Site during times that landscaping operations identified herein the Contract are in progress.
Superintendent shall be fluent in English and satisfactory to the Engineer. Superintendent shall not be changed except with the consent of the Engineer and shall be authorized to represent the Contractor.
Testing Agency Qualifications: To qualify for acceptance, an independent testing agency must demonstrate to Engineer's satisfaction, based on evaluation of agency-submitted criteria conforming to ASTM E 699, that it has the experience and capability to satisfactorily conduct the testing indicated without delaying the Work.
Provide quality, size, genus, species, and variety of trees and shrubs indicated, complying with applicable requirements of ANSI Z60.1 "American Standard for Nursery Stock."
Selection of trees and shrubs purchased under allowances will be made by Engineer, who has the option to tag stock at their place of growth before the plant material is prepared for transplanting.
At least one (1) plant of each species delivered to the project site shall have an identification tag from supplying nursery showing botanical and common name of plant.
Measurements: Measure trees and shrubs according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes.
Take caliper measurements six inches (6”) above ground for trees up to four-inch (4”) size, and twelve inches (12”) above ground for larger sizes.
Prior to installation of any items presented within this Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip.
Pre-Installation Conference: Section or as indicated on the Contract Drawings, the Contractor shall conduct a PreInstallation Conference at the Project Site.
Meeting minutes from the conference shall be the responsibility of the Contractor and shall be distributed to all parties in attendance for review and subsequent approval of the conference discussion items.
Regulatory Requirements: Contractor shall meet the requirements of applicable laws, codes, and regulations as required by the authorities having jurisdiction over the Work.
Manufacturer’s Directions: Follow manufacturer’s directions and drawings in all cases where the manufacturer’\s of articles used in this Section furnish directions covering points not shown in the Contract Drawings and Contract Specifications.
RIVERSIDE PARK REGENERATION 47 Spec No.24-05
Permits, Fees, Bonds, and Inspections: The Contractor shall arrange and pay for any and all permits, fees, bonds, and inspections necessary to perform and complete his portion of the Work.
Contract Drawings and Contract Specifications:
Comply with the intent and meaning of Contract Drawings and Contract Specifications taken as a whole, not taking advantage of any readily perceived error or omission shall any exist.
Figures and dimensions on Contract Drawings shall take precedence over measurements by scale, and detailed drawings shall take precedence over general drawings.
Refer any errors and discrepancies in or between plans, specifications, lists, or notes to the Engineer for adjustments or clarification before proceeding with the Work. In the event of errors or discrepancies, the Contractor shall assume responsibility for work performed without referring to the Engineer for clarification.
The Engineer shall interpret the meaning of the Contract Drawings and Contract Specifications in the event of conflict, and his/her decision shall be final.
20-3.01A(5) Delivery, Storage and Handling
Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and name of manufacturer.
Protect materials from deterioration during delivery and while stored at site.
Anti-Dessicant: Spray plant materials in full leaf immediately before transporting with anti-dessicant. Meet requirements of anti-dessicant manufacturer’s current printed application instructions.
Trees and Shrubs: Do not prune before delivery. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy natural shape. Provide protective covering during delivery.
Handling Plant Materials
Handle plant materials grown in containers only by their containers.
DO NOT handle plant materials by their trunks or stems.
DO NOT drop any plant materials.
DO NOT bind or handle plants with wire or rope.
Pad trunk and branches whenever using hoisting cables, chains, or straps.
Should the Contractor engage in handling any of the plant material(s) by any unacceptable method(s), then the Engineer shall reserve the right to reject any of the mishandled plant material(s). The Contractor shall replace all rejected plant material(s) with approved plant material(s) at no additional cost to the Owner.
Deliver trees, shrubs, ground covers, and plants after preparations for planting have been completed and install immediately. If planting is delayed more than six (6) hours after delivery, set planting materials in shade, protect from weather and mechanical damage, and keep roots moist. Anchor plants to prevent damage from winds.
DO NOT remove container-grown stock from containers before time of planting.
Water root systems of trees and shrubs stored on site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition.
20-3.01A(6) Project Conditions
Utilities: Determine location of above grade and underground utilities and perform Work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned.
Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, cease planting operations and notify Engineer for further direction.
RIVERSIDE PARK REGENERATION 48 Spec No.24-05
Installation: Perform planting operations only when weather and soil conditions are suitable in accordance with locally accepted practices.
20-3.01A(7) Coordination, Scheduling, and Observation
Coordinate installation of planting materials during normal planting seasons for each type of plant material required.
Coordinate with other trades on Project Site.
20-3.01A(7)(a) Permits
Contractor shall be responsible for obtaining all permits necessary to complete and install Work as specified herein. 20-3.01A(7)(b) Observation
Site observation for Scope of Work specified herein this Section shall be made by the Engineer. The Contractor shall request, in writing, at least one (1) week in advance of the time that observation is required. The Contractor and Engineer shall be in attendance at the Project Site at the time of each scheduled observation. Observation shall be required for the following Scope of Work:
Pre-Construction Meeting.
Placing of planting soil after rough grading and incorporation of planting soil into top layer of sub-soil as described in this section.
Upon completion of fine grading operations and prior to planting operations, verification of finish grades.
Inspection and approval of plant material.
Spotting trees prior to excavation of planting holes.
Placement of gravel mulch and stones.
Tree tube installation.
20-3.01A(7)(c) Punch List Preparation
When planting and all other Work as specified in the Contract Drawings and Specifications is 100% complete and ready for Punch List Preparation, the Contractor shall seek acceptance of the installed Work by requesting an on-site visual inspection by the Engineer.
A “Punch List Preparation Request” shall be addressed to the Engineer, requesting a time and date for generating the Punch List Preparation:
Contractor shall provide written notification requesting the presence of the Engineer at least one (1) week prior to the scheduled date of the Punch List Preparation.
The Punch List Preparation Request shall be in the form of a letter, dated and signed by the Contractor, on letterhead.
The letter shall state as follows: “Work installed within Scope of Work identified on the Contract Drawings and Contract Specifications, prepared by the Landscape Architect, is 100% complete and ready for Punch List Preparation at the Project Site by the Engineer.”
Should the Contractor’s Work as installed at the Project Site is found to be incomplete during the Punch List Preparation (at the discretion of the Engineer upon observation at the Project Site), then the Engineer shall reserve the right to postpone the Punch List Preparation until a time when the Contractor fully executes and completes the Work as identified on the Contract Drawings and Specifications.
Should the Punch List Preparation be postponed due to the incomplete Work, then the Engineer reserves the right to charge the Contractor for the Engineer’s time on an hourly basis, at the Engineer’s current standard billing rate, plus expenses.
RIVERSIDE PARK REGENERATION 49 Spec No.24-05
Should the Contractor be charged for time as indicated herein this Article, the Engineer reserves the right to withhold final approval of the Project until the Contractor provides full compensation to the Engineer accordingly.
Punch List Field Verification & Pre-Maintenance Review:
Following the Punch List Preparation, the Contractor shall request an on-site visual observation by the Engineer to verify completion of outstanding items identified in the Punch List for acceptance of the installed Work and subsequent commencement of the Maintenance Period.
A “Punch List Field Verification Request” shall be addressed to the Engineer, requesting a time and date for field review of the items identified in the Punch List Preparation.
Contractor shall provide written notification requesting the presence of the Engineer at least one (1) week prior to the scheduled date of the Punch List Field Verification.
The Punch List Field Verification Request shall be in the form of a letter, dated and signed by the Contractor, on letterhead.
The letter shall state as follows: “Work installed within Scope of Work identified on the Contract Drawings and Contract Specifications, prepared by the Landscape Architect, is 100% complete and ready for Punch List Field Verification Review at the Project Site by the Owner and Engineer.” Should the Contractor’s Work as installed at the Project Site is found to be incomplete during the Punch List Field Verification (at the discretion of the Engineer upon observation at the Project Site), then the Engineer shall reserve the right to postpone the Punch List Field Verification until an time when the Contractor fully executes the Work identified in the Punch List Preparation.
Should the Punch List Field Verification be postponed due to the incomplete Work, then the Engineer reserves the right to charge the Contractor for the Engineer’s time on an hourly basis, at the Engineer’s current standard billing rate, plus expenses.
Should the Contractor be charged for time as indicated herein this Article, the Engineer reserves the right to withhold final approval of the Project until the Contractor provides full compensation to the Engineer accordingly.
Observation and subsequent written acceptance shall establish “Substantial Completion”, and marks the commencement date of the Maintenance Period. Duration of the Maintenance Period shall be as specified herein this Section. This is not a final observation nor final acceptance of Work, and it does not relieve the Contractor from any of the responsibilities in the Contract Drawings and Contract Specifications for the Project. 20-3.01A(7)(d) Final Review
Following the completion of the scheduled Maintenance Period as indicated in Section Landscape Maintenance and Plant Establishment, the Contractor shall request a Final Review by the Owner and Engineer to verify, through on-site visual observation, the completion of Work as indicated in the Contract Drawings and Contract Specifications, and final acceptance of the installed Work.
A “Final Review Request” shall be addressed to the Owner and Engineer, requesting a time and date for final field review of the completed Work
Contractor shall provide written notification requesting the presence of the Owner and Engineer at least one (1) week prior to the scheduled date of the Final Review.
The Final Review Request shall be in the form of a letter, dated and signed by the Contractor, on letterhead.
The letter shall state as follows: “Work installed within Scope of Work identified on the Contract Drawings and Contract Specifications, prepared by the Landscape Architect, is 100% complete and ready Final Review at the Project Site by the Owner and Engineer.”
RIVERSIDE PARK REGENERATION 50 Spec No.24-05
Should the Contractor’s Work as installed at the Project Site is found to be incomplete during the Final Review (at the discretion of the Engineer upon observation at the Project Site), then the Engineer shall reserve the right to postpone the Final Review until an time when the Contractor fully executes the Work.
Should the Final Review be postponed due to the incomplete Work, then the Engineer reserves the right to charge the Contractor for the Engineer’s time on an hourly basis, at the Engineer’s current standard billing rate, plus expenses.
Should the Contractor be charged for time as indicated herein this Article, the Engineer reserves the right to withhold final approval of the Project until the Contractor provides full compensation to the Engineer accordingly. 20-3.01A(8) Guarantee
Guarantee: Contractor shall guarantee installed landscape as outlined in Section 20-4 “Plant Establishment”. 20-3.01A(9) Maintenance
Maintenance: Contractor shall maintain installed landscape as outlined in Section 20-4 “Plant Establishment”. 20-3.01A(10) Samples and Tests
The Engineer reserves the right to take and analyze selected samples of plant material and/or products for conformity to the requirements as outlined in this Section at any time from the Project Site. Rejected plant materials and/or products shall be immediately removed from the Project Site by the Contractor at no cost to the Owner.
Laboratory soil tests are described in other sections.
20-3.01A(11) Substitutions
Specific reference to manufacturer’s names and products specified herein are used as standards of quality. This implies no right to the Contractor to substitute other materials without prior written approval by the Engineer for Work under this Section.
Any materials substituted and installed by the Contractor, without written approval by the Engineer may be rejected.
Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval.
Proposed substitutions shall be explicitly identified in the submittal documentation. Approval of a submittal package that contains multiple products or materials without explicit approval of a substitution does not imply approval of the substitution.
If an approval is granted for a substitution, adjustment in the Contract amount shall be made in accordance with the Contract Conditions.
20-3.01B MATERIALS
20-3.01B(1) General
Immediately upon award of Contract for Work, the Contractor shall locate and purchase or hold for purchase all plant material as required. Trees may be purchased and contract grown to ensure pruning practices are met.
Contractor shall verify with Engineer of any plant material stock that has been nursery contract grown by Owner for use within Work of this Contract.
Contractor shall review the condition of the plant material with the Engineer at the nursery maintaining the plant material, and at the time of delivery at the Project Site.
All plants shall have a growth habit typical for variety and species, symmetrical, with tightly knit branching, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry, healthy, vigorous in growth. Plant materials shall also be free from insect pests, eggs and larvae, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, windburn, saltburn, or other objectable disfigurements or conditions as determined by the Engineer.
Container stock shall be grown in containers in which delivered for at least three (3) months, but not over one (1) years.
RIVERSIDE PARK REGENERATION 51 Spec No.24-05
Pruning of trees as grown at the nursery shall meet the requirements outlined by the International Society of Arboriculture’s “Tree Pruning Standards.”
Leaders of trees shall not have been pruned by the nursery. It is the contractor’s responsibility to ensure these specifications are met regardless of practices by nurseries.
All plant material shall be subject per the California State Department of Agriculture Regulations for Nursery Inspections of Rules and Grading. Quantity and size of all plant shall be No. 1 Grade of Pinto Tag stock, or equal. Pinto tags shall be submitted to the Engineer upon delivery of the plant material to the Project Site.
All plant material shall have normal, well-developed branch systems, and vigorous, fibrous root systems, which are neither root- nor pot-bound, and are free of kinked, gnarled, or girdling roots. 20-3.01B(2) Plant Material
20-3.01B(2)(a) General
Furnish nursery-grown trees and shrubs conforming to ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, proportional, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sunscald, injuries, abrasions, and disfigurement. All trees shall be heavy caliper specimens, devoid of wounds, scars, or uncharacteristic blemishes on their trunks. Refer to the Plant List on the Contract Drawings for the specified plant material species, varieties, types, sizes, forms, and minimum required heights, spreads, calipers, and other requirements.
Grade: Provide plant material of sizes and grades conforming to ANSI Z60.1 for type of plant material required. Plant material of a larger size may be used if acceptable to the Engineer, with a proportionate increase in size of roots or balls.
Label each plant material of each variety with a securely attached, waterproof tag bearing legible designation of botanical and common name.
Plant Material shall have grown in boxed or containers for sufficient time to permit full rooting within the specified container to bind the planting soil, but not so long as to create a “rootbound” condition. No boxed or container plant material shall be planted which have cracked or broken balls of earth when separated from their boxes or containers.
No plant material shall be planted with damaged roots, broken root balls, or which are found to be “rootbound” when separated from their containers.
20-3.01B(2)(a)(i) Plant Material Review and Tagging
At the discretion of the Engineer, trees and other plant material will be reviewed, photographed, and tagged by the Engineer at the nursery, or other place of growth prior to delivery of plant material to the Project Site. Contractor shall verify with the Engineer if tagging operations are required.
Tagging of plant material at the nursery or place of growth does not cancel the right of the Engineer to reject plant material at the Project Site, if damaged or unacceptable conditions are found that were not detected at the nursery, place of growth, or in the submitted photographs.
20-3.01B(3)(c) Shrubs and Grasses
Provide ground covers and plants established and well rooted in containers and with not less than the minimum number and length of runners required by ANSI Z60.1 for the pot size indicated. 20-3.01B(3) Planting Soil
For all planting areas except where Import Bioswale Soil is placed.
Planting Soil Characteristics:
pH: 6 to 7
Organic content: 4-6 percent
Soluble salts: less than 2 dS/m
Texture: 40-65% Sand, 25-60% Silt, 5-20% Clay.
RIVERSIDE PARK REGENERATION 52 Spec No.24-05
Soil shall be free of stones and clods larger than 1/2”, roots, trash, and other deleterious material not suitable for healthy plant growth.
Planting Soil Source:
Existing topsoil from existing planting areas, stockpiled for use in new planting areas. Existing topsoil may require amendment according to soil fertility laboratory test to meet these specifications.
Import topsoil from local, off-site retail source or manufactured site topsoil. Available import topsoil may require amendment according to soil fertility laboratory test to meet these specifications.
Approved Planting Soil Supplier: American Soils Products, Richmond, CA.
Placement Depth: 4” plus transition layer.
Provide recent laboratory soil test.
20-3.01B(4) Soil Amendments
Organic Compost: Provided by City.
Organic compost soil amendment shall be mature, stable, weed free, and produced by aerobic decomposition of organic matter. Compost feedstock may include: agricultural, food or industrial residuals; yard trimmings. The product must not contain any visible refuse or other physical contaminants, substances toxic to plants, or over 5% sand, silt, clay or rock material by dry weight. The product shall possess no objectionable odors. The moisture level shall be such that no visible water or dust is produced when handling the material. The material shall be certified by the US Composting Council. Biosolids shall not be included.
20-3.01B(5) Fertilizers
Composition: Nitrogen (N), phosphorous (P), and potassium (K) content.
Fertilizer shall be furnished in amounts recommended from the soil analysis, as reported from a qualified soil-testing agency. Refer to previous section.
Steamed Bone Meal: OMRI-certified, commercial, raw, finely ground; minimum of 4 percent nitrogen and 20 percent phosphoric acid.
Blood Meal: OMRI-certified, or equal.
Feather Meal: OMRI-certified, commercial, supplied mixed with chicken manure to encourage decomposition, pelletized; minimum of 12% nitrogen.
Mycorrhizal Inoculum for Plant Materials from Container Stock: In addition to providing Fertilizer, provide a dual soilconditioning biological inoculum system of endo-and ecto- Mycorrhizal to further aid the plants ability to efficiently uptake available soil nutrients and also increase resistance to drought. Approved suppliers include:
7-gram Myco-Pak, Tri-C Enterprises LLC, Chino, CA, 800-927-3311 4 oz. Packet - Roots 1 Step, Roots, Inc., Independence, MO, 800-342-6173 Or approved equal.
20-3.01B(9) Miscellaneous Materials
Anti-Desiccant: Water-insoluble emulsion, permeable moisture retarder, film forming, for trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's instructions. (Aquatrols Corporation, Cherry Hill, NJ (609) 751-0309, or equal as approved by the Engineer).
Water: Clean, fresh, and potable.
RIVERSIDE PARK REGENERATION 53 Spec No.24-05
Stress Reducing Agent: Roots Concentrate, as manufactured by Roots, Inc., New Haven, CT 203-786-5295, or equal as approved by the Engineer.
Wetting Agent and Soil Penetrant: Roots NoBurn, as manufactured by Roots, Inc., New Haven, CT 203-786-5295, or equal as approved by the Engineer.
20-3.01C Construction
20-3.01C(1) General
Installation practices of the landscape plant materials shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice, as approved by the Engineer.
Contractor shall notify the Engineer in writing the anticipated commencement date and length of duration of the landscape installation.
Examine areas to receive landscaping for compliance with requirements and for conditions affecting performance of Work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. No planting shall be done in any areas until they have been satisfactorily prepared in accordance with this Section.
Soil moisture level prior to planting shall be no less than 75% of field capacity. The determination of adequate soil moisture for planting shall be the sole judgment of the Engineer, and their decision shall be final.
If the soil moisture level is found to be insufficient for planting, all planting pits shall be filled with water and allowed to drain before commencing planting operations.
No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. All plants shall be planted and watered as specified herein immediately after the removal of their containers. Containers shall not be cut prior to placing the plants in the planting area. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, and secure Engineer’s acceptance before the start of planting work.
Make minor adjustments as may be required.
Prior to Work in this Section, Contractor shall examine previously installed Work from other trades and verify that such Work is complete and as required, to the point where the installation of the landscape may commence properly.
Planting areas, which become compacted in excess of 85% relative compaction due to construction activities, shall be tilled and thoroughly cross-ripped to a minimum depth of 9” to alleviate the condition, taking care to avoid all existing subsurface utilities, drainage, etc.
20-3.01C(1) Protection of site
Contractor shall protect existing and new improvements and systems installed prior to planting installation. Maintain protection in place until completion of Work and maintenance period.
Protect concrete paving, headers, and drainage from staining due to contact with wet nitrogen stabilized mulch/sawdust or contact with chelated iron. Correct any stained concrete. 20-3.01C(2) Agronomic Soils Report Recommendation
Planting operations shall not commence until the results of the Agronomic Soils Report are reviewed by the Engineer.
The Agronomic Soils Report Recommendation shall take precedence over the amendment and fertilizer application rates specified herein or on the Contract Documents.
20-3.01D Payment
Not used.
20-3.02 PLANTING WORK
20-3.02A General
Section 20-3.02 includes specifications for planting plants. 20-3.02B Materials
RIVERSIDE PARK REGENERATION 54 Spec No.24-05
Not used.
20-3.02C Construction
20-3.02C(1) Preparing Planting Areas
Planting Soil Depth: Full depth of 4” plus transition layer wherever planting occurs.
Excavate and remove existing soil to 2’ depth from final finish grade.
Loosen subgrade of planting bed areas to a depth of 8”. Hand-scarify existing site soil on sides of planting beds to encourage lateral root growth.
Spread planting soil mixture in 2” lifts to depth required meeting thickness, grades, and elevations shown, after light rolling and natural settlement. Place first lift of planting soil mixture and work into the top 6” of loosened subgrade to create a 1’ transition layer and then place remainder of planting soil mixture.
If amendment is required after placement of planting soil, spread amendments evenly on surface and incorporate using mechanical rotary and hand tools to achieve depth required meeting thickness, grades, and elevations shown, after light rolling and natural settlement.
Incorporate mycorrhizal inoculum into planting soil.
20-3.02C(2) Finish Grading
Finish grading shall be as indicated on the Civil Engineer Drawings, unless otherwise noted on the Contract Drawings prepared by the Engineer or noted herein this Section. Contractor shall report discrepancies (if any) to the Engineer and Civil Engineer for clarification and resolution.
Finish grades shall be measured at the top surface of surface materials. The finish grade below adjacent paving, curbs, or headers shall be two inches (2”) in shrub and/or groundcover areas.
Remove all rocks two inches (2”) and larger to a depth of four (2”) inches below finish grade of shrub and groundcover areas and all other growth or debris from the site.
Fill gullies or ruts in excess of one (1”) inch deep on areas to be planted with shrubs and groundcovers using adjacent soil, and compact soil to adjacent finish grade of soil.
Contractor shall take every precaution to protect and avoid damage to sprinkler heads, irrigation lines, drainage lines, improvements by other trades, and all underground utilities during grading and conditioning operations. The Contractor shall maintain established site grades and drainage during all stages of landscape construction.
The finish grading shall be smooth, uniform, and free from abrupt grade changes and depressions to insure positive drainage of the site. All surface drainage shall drain away from buildings, walls, and walks, and shall drain towards roadways, streets, gutters, drains, and catch basins.
Final grades shall be acceptable to the Engineer before commencement of planting operations. Planting or other landscape site construction improvements installed without prior approval of finish grades by the Engineer shall be reinstalled under requirements of this Section and other Sections of the Contract Specifications, with no additional cost to the Owner.
20-3.02C(3) Planting Plants
20-3.02C(3)(a) Excavation for Trees and Shrubs
Pits and Trenches: Excavate with vertical sides and with bottom of excavation slightly raised at center to assist drainage. Loosen hard subsoil in bottom of excavation.
Container-Grown Trees and Shrubs: Excavate to three times (3x) the container width and depth, plus the following setting-layer depth, or as further directed by the Engineer:
Setting Layer: Allow three (3”) inches of planting soil.
RIVERSIDE PARK REGENERATION 55 Spec No.24-05
Set top of rootball even with finish grade.
Obstructions: Notify Engineer if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations.
Drainage: Notify Engineer if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits.
Fill excavations with water and allow to percolate out, before placing setting layer and positioning trees and shrubs. 20-3.02C(3)(b) Planting Trees and Shrubs
Set container-grown stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated.
Carefully remove containers so as not to damage root balls.
Place stock on setting layer of compacted planting soil.
Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately 1/2 backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill.
Dish and tamp top of backfill to form a three inch (3”) high mound around the rim of the pit. Do not cover top of root ball with backfill.
Plant Settling: Any tree or shrub that has settled deeper than the surrounding grade shall be raised to the correct level, to the satisfaction of the Engineer.
20-3.02C(3)(b)(i) Pruning Plant Material
At no time shall any plant material be pruned, trimmed, thinned, shaped, or topped prior to delivery. Any pruning, trimming, thinning, shaping, or topping of plant material shall be only conducted on the Project Site, and under the presence and direction of the Engineer. Any plant material that has been pruned and delivered to the Project Site without prior approval by the Engineer or approved Certified Arborist shall be rejected.
When directed by the Engineer or an approved certified Arborist, Contractor shall prune, thin, and shape plant material according to standard horticultural practice to preserve the natural character of the plant material.
Prune trees to retain required height and spread. Unless otherwise directed by the Engineer or Certified Arborist, do not cut tree leaders; remove only injured or dead branches from flowering trees.
All pruning and remedial work shall be done under continuous supervision of the Engineer or approved Certified Arborist, and per ANSI A-300 Pruning Standards. The Arborist shall be certified by the International Society of Arborists (ISA); or the Certified Arborist who is a member of the American Society of Consulting Arborists, in compliance with ISA and ANSI Standards.
Provide pruning, cabling and bracing, irrigation, pest and disease control and other remedial treatments as recommended by the Engineer or approved Certified Arborist, as required, to assure the long-term health of the trees and existing vegetation, and the safety of persons and property. 20-3.02C(3)(b)(ii) Tree Staking and Tying
Upright Staking and Tying: Stake all trees unless directed otherwise by Owner’s Authorized Representative. Install Mega Stake per manufacturer’s specifications. Orient tree with nursery stake on same side as Mega Stake. Remove nursery stake.
Provide additional tree ties, as directed by the Engineer, to tree trunks and stakes, to firmly support tree trunk and canopy.
20-3.02C(3)(c) Groundcovers and Plants
RIVERSIDE PARK REGENERATION 56 Spec No.24-05
Spacing: Space ground cover and plants at spacing indicated on the Contract Drawings. Plants shall be triangular spaced, or as indicated on the Contract Drawings.
Dig holes large enough to allow spreading of roots and backfill with planting soil. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. Water thoroughly after planting, taking care not to cover plant crowns with wet soil.
Plant Settling: Any groundcover or other plant that has settled deeper than the surrounding grade shall be raised to the correct level.
20-3.02C(3)(d) Installation of Miscellaneous Materials
When deciduous trees or shrubs are moved in full-leaf, spray with anti-desiccant at nursery before moving and again two (2) weeks after planting. Apply anti-desiccant using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage.
20-3.02C(3)(e) Cleanup and Protection
During landscaping operations, keep pavements clean and Work area in an orderly and safe condition. Contractor shall remove all trash caused from his Work on a weekly basis throughout the duration of the Work.
Protect landscaping from damage due to landscape operations, operations by other Contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed.
Upon completion of his Work under this Section, the Contractor shall remove all rubbish, waste, debris, excess construction materials, and other items resulting from construction operations offsite as described herein this Section and directed by the Engineer.
All scars, ruts, or other marks in the ground caused by the Contractor’s Work shall be repaired.
Remove all equipment and implements of service and leave the entire Project Site area in a neat, clean, and Ownerapproved condition. All sidewalks, driveways, pavements, and site areas shall receive a broom-clean treatment or other cleaning treatment as directed by the Engineer.
20-3.02C(3)(f) Disposal of Surplus and Waste Materials
Disposal: Contractor shall remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of it off the Owner's property. 20-3.02C(3)(g) Final Review
A Final Review shall be performed upon completion of the Maintenance Period.
Contractor shall request attendance at the review by the Owner, Engineer, and other parties designated by the Owner of not less than one (1) week prior to the end of the Maintenance Period.
At the time of Final Review, planting areas shall be free of weeds and neatly cultivated. Contractor shall perform all necessary corrective work and replacement of materials as identified.
Work requiring corrective measures by the sole judgment of the Engineer shall be completed within ten (10) days of the Final Review.
Corrective Work and materials replacement shall be in accordance with the Contract Drawings and Contract Specifications and shall be made at no expense to the Owner.
Maintenance Period shall be continued at no expense to the Owner as determined by the Engineer until final acceptance of the completed Work is accomplished.
Contractor shall request a review upon completion of corrective Work and materials replacement.
RIVERSIDE PARK REGENERATION 57 Spec No.24-05
If, after review, the Engineer finds the Work has been performed in accordance with the Contract Drawings and Contract Specifications, and plant materials are in satisfactory growing condition, a written notice of acceptance at the end of the Maintenance Period shall be issued by the Engineer. 20-3.02D Payment
Not used.
Replace section 20-4 with:
20-4.01 GENERAL
General Landscape Maintenance: Work Specified in this Section- furnish all labor, material, equipment and services required to maintain the landscape as specified herein for a period of 90 days. General Landscape maintenance includes providing an operable irrigation service.
Tree Maintenance: Work Specified in this Section- furnish all labor, material, equipment and services required to maintain the trees as specified herein for a period of two (2) years. Tree maintenance includes providing an operable irrigation service.
The Contractor shall continuously maintain all areas involved in this Contract during the progress of the work. Improper maintenance or possible poor condition of any planting at the termination of the scheduled maintenance period may cause postponement of the final completion date of the Contract. Maintenance shall be continued by the Contractor until all work is accepted by the Engineer.
Start of Maintenance Criteria - Maintenance Period shall not start until all elements of construction, planting, and irrigation for the entire project are completed and accepted in writing.
The Contractor shall request an inspection to begin the plant maintenance period after all planting and related work has been completed in accordance with the Contract documents. All groundcover areas shall be planted. If such criteria are met to the satisfaction of the Engineer, a field notification will be issued to the Contractor to establish the effective beginning date of the period.
The Contractor’s Maintenance Period will be extended if the provisions required within the plans and specifications are not filled.
Prior to start of maintenance period, the Contractor shall submit a schedule of all activities planned during the maintenance period. This shall be accepted by the Engineer prior to the start of maintenance. All schedule changes shall be documented and accepted by the Engineer.
The Contractor shall provide protection of all planting areas against traffic or other damage by erecting fencing or other protection devices immediately after planting is completed. Warning signs, flags, and/or barricades shall be placed in high-traffic areas. Damaged areas shall be repaired immediately by the Contractor at no cost to the Owner.
All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replace by the Contractor at his expense.
General Landscape: The start of the Guarantee Period shall commence upon completion of the 1-year Maintenance Period.
Tree Maintenance: The start of the Guarantee Period shall commence upon completion of the 2-year Maintenance Period.
Any materials found to be dead, missing, or in poor condition during the maintenance period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. Material to be replaced within the Maintenance Period shall be replaced by the Contractor within fifteen (15) days of written notification by the Engineer.
Replacement trees covered by the Discretionary Tree Replacement shall be installed in or near the project area within twenty-one (21) days’ notice at the direction of the Engineer.
RIVERSIDE PARK REGENERATION 58 Spec No.24-05
Normal progress inspection shall be requested by the Contractor from the Engineer at least seven (7) working days in advance of an anticipated inspection. Inspections shall be at the commencement and completion of the maintenance period.
All conditions noted in Landscape Planting section shall apply herein. 20-4.02 MATERIALS
All materials used shall either conform to Landscape Planting specifications in other sections or shall otherwise be acceptable to the Engineer. The Engineer shall be given monthly record of all herbicides, insecticides, and disease control chemicals used.
20-4.02A Maintenance Fertilizer
Commercial grade complete fertilizer of neutral character, consisting of fast and slow release nitrogen. Uniform "beaded” homogeneous mixture, 100% passing through #4 mesh screen, composition suitable for application with approved equipment and shall contain the following minimum available percentages by weight of plant food. Chemical analysis shall include 50% Humus, 15% Humic Acids, 1% Soluble Metalic Iron, and soil bacteria.
Nitrogen 5% minimum
Phosphoric acid 3% minimum
Potash 1% minimum
20-4.02B Controlled Release Fertilizer
Commercial grade complete fertilizer of neutral character, consisting of fast and slow release nitrogen. Uniform "beaded” homogeneous mixture, 100% passing through #4 mesh screen, composition suitable for application with approved equipment and shall contain the following minimum available percentages by weight of plant food. Chemical analysis shall include 25% Humus, 5% Humic Acids, and 2% Iron Nitrogen 12% minimum
Phosphoric acid 8% minimum
Potash 8% minimum
20-4.02C Irrigation
Provide replacement irrigation parts per irrigation plans as necessary. 20-4.03 CONSTRUCTION
20-4.03A Maintenance
All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than ten (10) days. Watering, mowing, rolling, edging, trimming, fertilization, spraying, and pest control, as may be required, shall be included in the Maintenance Period.
The Contractor shall be responsible for maintaining adequate protection of the planting areas. Damaged areas shall be repaired at the Contractor’s expense.
20-4.03B Shrub and Groundcover Care
20-4.03B(1) Watering
Ensure proper irrigation system operation. If required for supplemental watering, provide and maintain a large enough water basin around plants so that enough water can be applied to establish moisture through the major root zone.
When hand watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering.
20-4.03B(2) Weed Control
Keep basins and areas between plants free of weeds using hand and tool methods. Avoid frequent soil cultivation that destroys shallow roots. Use mulches to help prevent weed seed germination. Non-toxic treatments such as white vinegar may be used to control weeds in cracks. Use recommended legally approved herbicides only with written approval of the Engineer. Use of herbicides is discouraged in accordance with Alameda County Bay Friendly guidelines.
RIVERSIDE PARK REGENERATION 59 Spec No.24-05
20-4.03B(3) Insect and Disease Control
Apply non-toxic insecticidal soaps and other natural treatments. Refer to the Alameda County Bay Friendly guidelines for appropriate treatments. If infestation persists, maintain a reasonable control with insecticides after receipt of written approval by Engineer.
20-4.03B(4) Fertilization
Fertilize all planting areas with the following: At the end of the maintenance period: 20 lbs. per 1,000 sf. of controlled release top-dress fertilizer.
Avoid applying fertilizer to the root ball and base of main stem; rather, spread evenly under plant to drip line.
Replacement of Plants: Replace dead, dying, and missing plants with plants of a size, condition, and variety acceptable to Engineer at Contractor’s expense.
20-4.03C Tree Care
20-4.03C(1) Watering
Ensure proper irrigation system operation. If required for supplemental watering, provide and maintain a 3 foot diameter or larger water basin around trees so that enough water can be applied to establish moisture through the major root zone. When hand watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering.
20-4.03C(2) Weed Control
Keep basins and areas below tree free of weeds using hand and tool methods. Avoid frequent soil cultivation that destroys shallow roots. Use mulches to help prevent weed seed germination. Use recommended legally approved herbicides only with written approval of the Engineer. Use of herbicides is discouraged in accordance with Alameda County Bay Friendly guidelines.
20-4.03C(3) Insect and Disease Control
Apply non-toxic insecticidal soaps and other natural treatments. Refer to the Alameda County Bay Friendly guidelines for appropriate treatments. If infestation persists, maintain a reasonable control with insecticides after receipt of written approval by Engineer.
20-4.03C(4) Fertilizing
Fertilize as specified under Shrub care.
20-4.03C(5) Pruning
Pruning shall be performed only under the supervision of a certified arborist. The following on-line information is useful:
http://www.urbantree.org/index.html
20-4.03C(6) Maintenance Every Three Months
Inspect for and remedy any wear on trunk and branches against stakes, tree grate, or other item near tree.
Inspect tree tubes.
Check irrigation to each plant for clogging, flooding, erosion, breakage, or other harmful conditions.
During fall and winter seasons, provide selective pruning of trees under the direction of a certified arborist to eliminate poor branching structure, broken branch stubs, and branches below six feet that conflict with vehicular/pedestrian access and visibility. Do not prune leaders.
20-4.03D Final Acceptance of the Project
Prior to the date of the Final Inspection, the Contractor shall acquire from the Engineer approved, reproducible prints and final record from the job record set of all changes made to the all plans during construction, label said prints “AsBuilts”, and deliver to the Engineer and as required to any Local Agency. Prior to the date of Final Inspection, the Contractor shall deliver to the Engineer the “Landscape and Irrigation Guarantee” as required. Said guarantee shall be on the Contractor’s letterhead and dated the final acceptance date.
RIVERSIDE PARK REGENERATION 60 Spec No.24-05
All turn-over items noted in other specification sections shall be delivered prior to a Final Inspection. 20-4.04 PAYMENT
Not used.
Basalt Chip must be:
Type: To be selected by Engineer. Bid shall include “Basalt Crusher Dust” or similar.
Size: 1/4” minus
Color: Gray, uniform color
Shall be from only 1 source.
Replace the first sentence of section 20-5.03C(3) with:
Apply 4” depth of Basalt Chip to entire area indicted for Gravel Mulch and compact it in equal lifts by rolling.
Replace sections 20-5.04B(2) through 20-5.04B(4) with:
20-5.04B(2) Organic Mulch
Organic Mulch shall be well composted. Suitable as a top dressing of trees, shrubs and groundcovers: Provided by City
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
21 EROSION CONTROL
Add to section 21-2.02G:
Fertilizer shall have a guaranteed chemical analysis of 10 percent nitrogen, 10 percent phosphoric acid and 10 percent water soluble potash.
Add to section 21-2.03A:
Remove sediment deposits from inside of existing storm drains and culverts shown on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION IV SUBBASES AND BASES
23 GENERAL
DIVISION VI STRUCTURES
45 GENERAL
No Changes
60 EXISTING STRUCTURES
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VII DRAINAGE
61 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
67 STRUCTURAL PLATE CULVERTS
No Changes
RIVERSIDE PARK REGENERATION 61 Spec No.24-05
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
71 EXISTING DRAINAGE FACILITIES
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 SLOPE PROTECTION
No Changes.
77-2 WATER DISTRIBUTION SYSTEM
+
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.
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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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.
RIVERSIDE PARK REGENERATION 62 Spec No.24-05
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.
DIVISION IX TRAFFIC CONTROL FACILITIES
81 MISCELLANEOUS TRAFFIC CONTROL DEVICES
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION X ELECTRICAL WORK
86 GENERAL
DIVISION XI MATERIALS
89 AGGREGATE
No Changes
DIVISION XII BUILDING CONSTRUCTION
99 BUILDING CONSTRUCTION
No Changes
RIVERSIDE PARK REGENERATION 63 Spec No.24-05
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 sections of the Technical Specifications are included in the Contract documents Section 02100 Demolition
Section 02230 Site Clearing
Section 02260 Landscape Grading
Section 02300 Earthworks
Section 02315 Wetland Grading
Section 02811 Irrigation
Section 02905-Landscape Installation
Section 02950.10 Hydroseed
Section 02970 - Landscape Maintenance
RIVERSIDE PARK REGENERATION 64 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 65 Spec No.24-05
RIVERSIDE PARK REGENERATION 66 Spec No.24-05
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.
tional 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.
RIVERSIDE PARK REGENERATION 67 Spec No.24-05
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. n 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.
RIVERSIDE PARK REGENERATION 68 Spec No.24-05
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 1st-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.
RIVERSIDE PARK REGENERATION 69 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 70 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 71 Spec No.24-05
$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]
RIVERSIDE PARK REGENERATION 72 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 73 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 74 Spec No.24-05
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:
RIVERSIDE PARK REGENERATION 75 Spec No.24-05
(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
RIVERSIDE PARK REGENERATION 76 Spec No.24-05
(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.
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 Federalaid 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).
RIVERSIDE PARK REGENERATION 79 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 80 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 81 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 82 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 83 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 84 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 85 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 86 Spec No.24-05
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, accounts, other sources of information, and its facilities as may be determined by the California
RIVERSIDE PARK REGENERATION 87 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 88 Spec No.24-05
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.
Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City 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
RIVERSIDE PARK REGENERATION 89 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 90 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 91 Spec No.24-05
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
RIVERSIDE PARK REGENERATIONRIVERSIDE PARK REGENERATION
Specification No. 24-05
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:
RIVERSIDE PARK REGENERATION 92 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 93 Spec No.24-05
NAME OF BIDDER:
SPEC #: 2024-XXX
PROJECT NAME: RIVERSIDE PARK REGENERATION
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 LS 1 $__________ $_____________ 4 Temporary Water Pollution Control
Measures
LS 1 $__________ $_____________
5 Progress Schedule (Critical Path
Method)
LS 1 $__________ $_____________
6 Construction Area Signs LS 1 $__________ $_____________ 7 Construction Survey LS 1 $__________ $_____________
8 Remove Debris Material LS 1 $__________ $_____________ 9 Clearing and Grubbing LS 1 $__________ $_____________ 10 Remove Tree and Stump EA 3 $__________ $_____________ 11 Soil Export (Contaminated Soil) LS 1 $__________ $_____________ 12 Tree Protection LS 1 $__________ $_____________
13 Grading (Allowance) CY 25,000 $__________ $_____________ 14 Bentonite CY 552 $__________ $_____________
15 Soil Amendment Placement LS 1 $__________ $_____________
RIVERSIDE PARK REGENERATION 94 Spec No.24-05
16 Basalt Chip CY 1 $__________ $_____________
17 Planting LS 1 $__________ $_____________
18 Hydroseed ACRE 6 $__________ $_____________
19 Irrigation LS 1 $__________ $_____________
20 Plant Establishment LS 1 $__________ $_____________
21 $__________ $_____________
11 $__________ $_____________
24 $__________ $_____________
25 $__________ $_____________
TOTAL BASE BID $____________________________
BID ALTERNATES
TOTAL BID: Items 1 through A1 inclusive: $______________________________ Note: The amount entered as the “Total Bid” should be identical to the Base Bid amount entered in Section 2 of the Bid Proposal form.
Item # Description Unit of Measure Quantity Unit Price Total A1 Boulder Placement EA 9 $__________ $_____________
TOTAL ALTERNATE BID $____________________________
RIVERSIDE PARK REGENERATION 95 Spec No.24-05
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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
RIVERSIDE PARK REGENERATION 96 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
RIVERSIDE PARK REGENERATION 97 Spec No.24-05
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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
RIVERSIDE PARK REGENERATION 98 Spec No.24-05
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.)
RIVERSIDE PARK REGENERATION 99 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 100 Spec No.24-05
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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
RIVERSIDE PARK REGENERATION 101 Spec No.24-05
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: __________________
RIVERSIDE PARK REGENERATION 102 Spec No.24-05
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 RIVERSIDE PARK REGENERATION 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: __________________________________________________________ __________________________________________________________ __________________________________________________________
RIVERSIDE PARK REGENERATION 103 Spec No.24-05
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 RIVERSIDE PARK REGENERATION 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 ____.
RIVERSIDE PARK REGENERATION 104 Spec No.24-05
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.
____________________________________________________________
RIVERSIDE PARK REGENERATION 105 Spec No.24-05
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.
_________________________________________________________
RIVERSIDE PARK REGENERATION 106 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 107 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 108 Spec No.24-05
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.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
RIVERSIDE PARK REGENERATION 109 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 110 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 111 Spec No.24-05
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
RIVERSIDE PARK REGENERATION 112 Spec No.24-05
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 (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
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:
________________________________________________________
RIVERSIDE PARK REGENERATION 113 Spec No.24-05
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.
RIVERSIDE PARK REGENERATION 114 Spec No.24-05
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
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
RIVERSIDE PARK REGENERATION 115 Spec No.24-05
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to met or exceed the DBE contract goal.
Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Names, addresses and phone numbers of firms selected for the work above:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________
RIVERSIDE PARK REGENERATION 116 Spec No.24-05
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _____
H. Any additional data to support a demonstration of good faith efforts:
_________________________________________________________________________ _________________________________________________________________________
RIVERSIDE PARK REGENERATION 117 Spec No.24-05
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats, 1986), The bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has___, has not___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing the Contractor’s Proposal on the signature portion thereof shall also constitute signature of this Statement.
Bidders are cautioned that making false certification may subject the certifier to criminal prosecution.
RIVERSIDE PARK REGENERATION 118 Spec No.24-05
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, The Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No ______
If the answer is "Yes," explain the circumstances in the following space.