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HomeMy WebLinkAboutSeal Beach Blvd Improvement/Rehab: PCH to Electric Aveo Cx+ry T, City of Seal Beach Addendum No. 1 Addendum No. 1 to Notice Inviting Bids under Contract Document: Seal Beach Boulevard Improvement/Rehab: PCH to Electric Ave. Project #49991 & 49757 To all prospective Bidders under Contract Documents: Seal Beach Boulevard Improvement/Rehab: PCH to Electric Ave. The following changes have been made to the Contract Documents: This project is funded from two separate federal sources: CDBG and TEA21. The Contractor must meet all federal requirements for funding. Should there be any conflict between the two types of federal provisions, the Contractor shall use the more stringent of the two requirements. The DBE goal for this project is 5% and the bid bond amount is 10%. BOOK Replace the following: Proposal and Bid Sheet (Pages 9 through 13) with the attached Bid Sheet Date Insert the following attached Documents: Federal Non -Collusion Affidavit Equal Employment Opportunity Certification Debarment and Suspension Certification Non -Lobbying Certification for Federal Aid Contracts Disclosure of Lobbying Activities Instruction for Completion SF -LLL, Disclosures of Lobbying Activities Local Agency Bidder DBE -Information BOOK III Revise the Special Provisions as follows: Replace Section 2000 with attached. Replace Section 3000 with attached. Section 5009—RAISE FIRE HYDRANT—delete section Section 5010 — CONSTRUCT CONCRETE BUS PAD - Add the following paragraph after the first: "Contractor shall construct bus pad in conformance with OCTA's Figures 22 and 23." Longitudinal joints shall be 10 feet o.c. Section 5011 — STREET LIGHTS - Modify the First paragraph, first sentence to read as follows: "Contractor shall remove existing street light and arm and salvage to the City yard." Section 5013 — PARKWAY REPAIR AND LANDSCAPING — Add the following sentence to the second paragraph that begins with 'Parkway will be backfilled—." Parkways shall be backfilled with a minimum depth of six (6) inches. Remove the following paragraph 'Parkway Landscaping shall follow the Landscaping Plans." Section 5019 — WATER SERVICE - Replace this Section with the attached Water Service Specification. Section 5020 — CONCRETE ENCASEMENT - Add the following paragraph after the first paragraph "Contractor shall coordinate with the City of Seal Beach Water Department in the determining of depths of the water line. The Contractor shall pothole locations marked by the Water Department." Add the following Special Provisions: SECTION 5021 COLD PLANE AC PAVEMENT The work included in this item shall consists of supplying all labor, material equipment and incidentals required to complete all operations of planning asphalt concrete pavement by an approved cold planning machine. All work shall be performed in accordance with Subsection 302-5.2 "Cold Milling Asphalt Concrete Pavement of the Standard Specifications. Full compensation for furnishing all labor, materials, tools, and equipment and shall also include dust control, removal of loosened materials, and cleaning and performing all work listed above will be considered as included in the contract price per square foot (s.f.) of Cold Planing and no additional compensation will be allowed therefore. SECTION 5022 IMPORTED BORROW Thee work included in this item includes the material, trucking, placing, compacting, all labor, equipment and incidentals required to complete importing and placing of material. Contractor shall perform work in accordance with Section 300-5 "Borrow Excavation" of the Standard Specifications. Full compensation for furnishing all labor, materials, tools, equipment and dust control, and performing all work listed above will be considered as included in the contract price per cubic yard (c.y.) of Imported Borrow and no additional compensation will be allowed therefore. Attached the following Standard and Detail plans 702 Seal Beach Water Service Connection Detail A Concrete Encasement Figure 23 and 24 OCTA Bus Pad Detail Plan Sheets Replace the following Plan Sheets: 2 of 10 Revised 4/12/2001 3 of 10 Revised 4/12/2001 4 of 10 Revised 4/12/2001 5 of 10 Revised 4/12/2001 6 of 10 Revised 4/12/2001 9 of 10 Revised 4/12/2001 Revise the following Plan Sheets as follows: 2 of 10 Revise Note 2 from A2-156 (6) to read A2-150 (6) 2 of 10 Remove any and all references to Landscaping Plan 4 of 10 Revise Note 11 to read "Remove 17.5' exist. 18" RCP. Construct 9.15 RCP' new 18" RCP, connect to new catch basin (See Profile A Sheet 3 of 10) 4 of 10 Revise Note 14 from A2-156(6) to read A2-150(6). 4 of 10 Revise Note 34 from Raise existing fire hydrant to grade with concrete pad to read Protect in Place existing fire hydrant. 5 of 10 Revise Note 11 to read "Remove 17.5' exist. 18" RCP. Construct 9.15 RCP' new 18" RCP, connect to new catch basin (See Profile A Sheet 3 of 10). 5 of 10 Revise Note 14 from A2-156(6) to read A2-150(6). 5 of 10 Revise Note 34 from Raise existing fire hydrant to grade with concrete pad to read Protect in Place existing fire hydrant By order of the City of Seal Beach, 3 V REVISED PROPOSAL Bidders Name TO THE HONORABLE MAYOR AND CITY COUNCH, OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non - Collusion Affidavit; (2) -bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information famished therefor and the site of the proposed work; and (3) -bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work in be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded in bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein presented, and W finish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be famished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation, that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is (Insert "cash", "a Cashier's Check", "a certified check", or "a Bidder's Bond in the form famished by the City", as the case may be) in the amount of $ , an amount equal in at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited in the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Scaled Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for: SEAL BEACH BLVD. REHABILITATION in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the Director of Public Works, at the following prices: SEAL BEACH BLVD. IMPROVEMENTS/REHAB: PCH TO ELECTRIC BIDDERS NAME Item Item Description Unit Quantity Unit Price In Words Unit Price in Extended No. Code Estimate Numbers Price 1 Fixed 1 LS Fifteen Thousand Dollars $15,000 $15,000 Allowance for Mobilization 2 Tr c, Control 1 LS 3 Sawcul and 9,285 SY Remove AC and PCC Pavement 4 Remove Curb 2,660 LF and Gutter 5 Remove PCC 16,010 SF Sidewalk, Ramps, Alley Approach, Bus Pads Driveways, Trees and Parkway 5 Remove and 2 EA Replace Catch Basin 7 Construct 18" 28 LF RCP with Bedding 8 Construct 2 EA Local Depression 9 Construct 6" 1,310 LF PCC Curb and Gutter 1D Construct 8" 1,420 LF PCC Curb and Gutter 11 Construct 8" 575 LF PCC Curb 12 Construct 4" 6,420 SF PCC Sidewalk 13 Relocate 20 EA Signs 14 Construct PCC 8 EA Access Ramp 1s Construct PCC 1,434 SF Driveway Approach 16 Construct PCC 190 SF Alley Approach 17 Construct 6" 115 LF Crossgutter 18 Construct 9" 2 EA PCC Bus Pad (32.5'X10') 19 Construct AC 2,265 TONS Pavement 20 Construct 3,040 CY Crushed Aggregate Base 21 Adjust Water 21 EA Valves and Survey Monument to Grade 22 Adjust Manhole 11 EA to Grade 23 Traffic Striping 1 LS and Pavement Markers 24 Tthennoplastic 1 LS Striping and Pavement Markers 25 Remove and 2 EA Reset Bus Bench 26 Install Traffic 6 EA Detector Loop Type E 27 Install Signs 15 EA 28 Remove and 21 EA Reset Signs 29 Remove and 5 PA Salvage Street Lights 30 Install Street 8 EA Lights 31 Construct Conduit 1 LS with Wire, Pullboxes, and Service 32 Landscaping 11,500 SF 33 Water Service 7 EA Connections 34 Grind AC 700 SF Pavement 35 Imported Borrow 700 CY 36 Concrete 48 LF Encesemenl Total Bid in Numbers: NOTE. The City reserves the right to award a contract in parts or in its entirety or for various alternates and reserves the right to reject all bids and r advertise, as appears to be in its best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shag govem over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and professions Code, California Contractor's License No: , Class (REQUIRED AT TME OF AWARD). Legal Business Name of Bidder Signature Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partnersJoint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers most be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. o., i[Ai s SECTION 2000 SPECIAL PROVISIONS FOR FEDERALLY FUNDED LOCAL ASSISTANCE CONSTRUCTION PROJECTS DBE REQUIRED SECTIONS DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the Standard Specifications dated July 1999, and the Standard Plans dated July 1999, of the Department of Transportation insofar as the same may apply and these special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions. Amendments in the Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Caltrans Standard Specifications, July 99, Section 5-1.04, "Coordination and Interpretation of Plans, Standard Specifications and Special Provisions," of the Standard Specifications. Whenever either the term "Standard Specifications is amended" or the term "Standard Specifications are amended" is used in the special provisions, the indented text or table following the term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions. SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Caltrans Standard Specifications, July 99, Section 2, "Proposal - Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder most observe in the preparation of the proposal form and the submission of the bid. In addition in the subcontractors required to be listed in conformance with Caltrans Standard Specifications, July 99, Section 2-1.054, "Required Listing of Proposed Subcontractors;' of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidders Bond will found in Book I of the Contract Documents. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient 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 rhe 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. Each subcontract signed by the bidder must include this assurance. 2-1.015—FEDERAL. LOBBYING RESTRICTIONS.—Section 1352, Title 3l, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting t influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower - tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form a the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractor: and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 10 (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2-1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).— This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contactor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a tucking company; C. A DBE bidder, not bidding as ajoint venture with a non -DBE, will be required t document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner most be responsible for specific contract items of work, or portions thereof. Responsibility means acmally performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Department's DBE Directory, which is published quarterly. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916)445-3520; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227-8937 and obtaining a user identification and password; 3. The Department's web site at http://www.dot.m.gov/hq/bep/index.htin; G. Credit for materials or supplies purchased from DBEs will be as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or 11 leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. 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 the DBE goal; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. 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; 5. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph H, 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. 1. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 2-1.02A DBE GOAL FOR THIS PROJECT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 5 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at han:<�wv .dot.ca.gov/hci/bm to verify the current availability of this service. 12 2-1.02B SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. Il is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Seal Beach address so the information is received by the City of Seal Beach no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Seal Beach. The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect thea eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met. The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract Wben 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidders adequate good faith efforts to meet the DBE goal should include: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. 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. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own fomes) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE frons, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining 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 contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional dam to support a demonstration of good faith efforts. SECTION 3. AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Caltrans Standard Specifications, July 99, Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal conplies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. 13 SECTION 4. BEGINNING OF WORE, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City of Seal Beach. This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after approval of the contract. The Contractor shall pay to the City of Seal Beach the sum of $ per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS 5-1._ LABOR NONDISCRIMINATION. -- Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) You attention is called to the "Nondiscrimination Clause", set forth in Caltrans Standard Specifications, July 99, Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Concoction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or mom. 5-1. PREVAILING WAGE. — Attention is directed to Caltrans Standard Specifications, July 99, Section 7-1.0IA(2), "Prevailing Wage," of the Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the City of Seal Beach address. These wage rates are not included in the Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location. 5-1. Bill' AMERICA REQUIREMENTS. -- Attention is directed In the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 104l(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel andnnn materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or von materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Caltrans Standard Specifications, July 99, Section 6-1.07, "Certificates of Compliance," shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work. 5-1. REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. --When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestus or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in - unaffx ted areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. 14 If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Caltrans Standard Specifications, July 99, Section 8-1.09, "Right of Way Delays." 5-1. SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractoq DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Form CEM -2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of warrant acceptance. $10,000 will be withheld from payment until the Form CEM -2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM -2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE tacking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE tacking companies to all firms, including Domer -operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement The records must confirm that the amount of credit claimed toward DBE participation conforms with Calms Standard Specifications, July 99, Section 2-1.02. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM -2404 (F). Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the tack for all trucks used during that month. This documentation shall be submitted on Form CEM -2404 (F). 5-1. DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall f rmish the written documentation to the Engineer. Upon completion of the contract, From CEM -2403 (F) indicating the DBE's existing certification slams shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 5-1._ PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Caltrans Standard Specifications, July 99, Section 2-1.02B, "Submission of DBE Information," and Calmar; Standard Specifications, July 99, Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to use other forces or sources of materials may be requested for the following reasons: 15 A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent C. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of theCity. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. Required for construction contracts administered under the Caltrans Standard Specifications, dated 1999. (NOTE: Only items which would not normally be done by any of the possible prime contractors should be designated as specialty items.) 5-1. SUBCONTRACTING Attention is directed to the provisions in Caltrans Standard Specifications, July 99, Section 8-1.01, "Subcontracting," and Caltmns Standard Specifications, July 99, Section 2, "Proposal Requirements and Conditions," and Caltrans Standard Specifications, July 99, Section 3, "Award and Execution of Contract," and these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at hup://www.dir.cagov/dir/Labor_law/DLSE/Debu.html. The provisions in the third paragraph of Caltrans Standard Specifications, July 99, Section 8-1.01, "Subcontracting, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is or is not) changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in tum be made shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. This requirement shalt be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract In conformance with the Federal DBE regulations Sections 26.53(f)(1) and 26.53(f)(2) Part 26, Title 49 CFR A. The Contractor shall not terminate for convenience a DBE subcontractor listed in response to Caltrans Standard Specifications, July 99, Section 2-1.02B, "Submission of DBE Information," and then perform that work with its own forces, or those of an affiliate without the written consent of the Department, and B. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to substitute another DBE subcontractor for the original DBE subcontractor, to the extent needed to meet the contract goal. The requirement in Caltrans Standard Specifications, July 99, Section 2-1.02, "Disadvantaged Business Enterprise (DBE)," of these special provisions that DBEs most be certified on the date bids arc opened does. not apply to DBE substitutions after award of the contract. 5-1. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 16 5-1. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days atter receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract." This requirement shall not be construed to limit or impair any contractual, administrative, orjudicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1. PARTNERING -- The State will promote the formation of a "Partnering" relationship with the Contractor in order to effectively complete the contract to the benefit of both parties. The purpose of this relationship will be to maintain cooperative communication and mutually resolve conflicts at the lowest possible management levet 2 The Contractor may request the formation of such a "Parmering" relationship by submitting a request in writing to the Engineer after approval of the contract. If the Contractor's request for "Partnering" is approved by the Engineer, scheduling of a "Partnering" workshop, selecting the "Partnering" facilitator and workshop site, and other administrative details shall be as agreed to by both parties. 3 The costs involved in providing a facilitator and a workshop site will be home equally by the State and the Contractor. The Contractor shall pay all compensation for the wages and expenses of the facilitator, and of the expenses for obtaining the workshop site. The State's share of such costs will be reimbursed to the Contractor in a change order written by the Engineer. Markups will not be added. All other costs associated with the "Partnering" relationship will be borne separately by the party incurring the costs. 4 The establishment of a "Partnering" relationship will not change or modify the terms and conditions of the contract and will not relieve either parry of the legal requirements of the contract Required for ALL construction contracts administered under the Caltrans Standard Specifications, dated July, 1999. 5-1. PAYMENTS. — Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," and these special provisions. (Para. 2: Use when the early contract items listed are included in the Engineer's Estimate. Use dollar value shown in Engineer's Estimate. Add other early lump sum items, i.e., remove bridge, remove concrete, etc.) For the purpose of making partial payments pursuant to Section 9-1.06, "Partial Payments, "the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of the contract item of work which will be recognized for progress payment purposes. Clearing and Grubbing $ Develop Water Supply $ Roadside Clearing $ After acceptance of the contract pursuant to the provisions in Section 7-1.17, "Acceptance of Contract," of the Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for the item, will be included for payment in the first estimate made after acceptance of the contract. 17 ( Para 3. Use when Para. 4 is not used.) No partial payment will be made for any materials on hand which are famished but not incorporated in the work. (Para 4. Use when project is 90 working days or more AND the Engineer's Estimate exceeds $100,000 AND there are materials which qualify for partial pay. In determining the partial payments to be made to the Contractor, only the following listed materials will be considered for inclusion in the payment as materials furnished but not incorporated in the work: IF SECTION 3000 SPECIAL PROVISIONS FOR FEDERALLY FUNDED LOCAL ASSISTANCE CONSTRUCTION PROJECTS MARINA DRIVE BRIDGE 19 SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov. ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FFIWA 1273, are included in this Section 14. Whenever in said required contract provisions references we made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be conshued to mean "Engineer" es defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VO, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall excome the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VO of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, .=led by the proposed subcontractor. NON -COLLUSION PROVISION.—The provisions in this section are applicable to all commas except contracts for Federal Aid Secondarypmjects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator ofthe contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation 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 the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the Proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code an, inmrporuted in part or in its entirety within other sections of these special provisions. Schedule B—tufomsairm for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venture firms are minority owned.) 1. Name ofjoint venture 2. Address ofjoint venture 3. Phone number ofjoint venture 4. Identify the firs which comprise the joint venture. (The MBE partner must complete Schedule A.) a Describe the role of the MBE firth in thejoint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venter. 5. Nature of thejoint venture's business 6. Provide a copy of thejoint venture agreement. 7. What is the claimed percentage of MBE ownership? — 8. Ownership ofjoint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6). Re,aed 3-95 Ox -07A5 FR -1 f a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this comms . Identify by name, rice, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Esfimadmg 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note.—If, after filing this Schedule B and before the comph, tion of the joint venture's work on the commst covered by this regulation, there is any significant change in the information submitted, the joint venture most inform the grooms, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are our - ren and include all material information necessary to identify and explain the tams and operation of am joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide b gmmee current, complete and accurate infortnation regarding ac. had joint venture work and the payment therefor and any pro posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to thejoint venture, by authorized representatives of the gmmee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false moments." aevle>f 3-95 09-07-95 FR -2 21 ...................................................................................................... Name of Firm Name of Firm Signature Name Name ...................................................................................................... Title Title ...................................................................................................... Date Date Date County of On this _ day of , 19 —, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) m execute the affidavit and did so as his or her free am and deed. Notary Public Commission expires [Seal] Date County of On this _ day of 19 � before me appeared (Name) in me peraonally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free not and deed. Notary Public Commission expires [Seal] " UIRED CONTRACT PROVISIONS FEDE AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) I. These contract provisions shall apply to all work performed on the contract by the contractors own organisation and with the assistance of workers under the contractors immediate superintendence and m all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the ma - tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quite their inclusion in any Iowa tier subcontract or purchase order that may in tum be made. The Required Contact Provisions shall not be incerpomted by reference in any case. The prime contractor shall be responsible for compliance by any subcentracmr or Iowa tiff subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations Contained in these Re. quired Contract Provisions shall be sufficient grounds for termi. nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. as set forth in 29 CFR 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 DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this Cortef, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or Is. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on Parole, supervised release, or probation. 11. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requfranents not to discriminate and to take affirmative action m assure equal opportunity as set forth under laws, executive orders, tales, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the previsions prescribed herein, and im. posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this counter. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Am of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees m comply with the following minimum specific requirement activities r EEO: a. The contractor will work with the Snare highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of hisiber activities under the cont - area. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employman without regard to their race, religion, ser, color, ascumal origin, age or disability. Such action shall include: employment, upgrading, demotion, or manrfa; recruitment or recruinnent ad- vertising; layoff or rationales; was of poy or other forms of compensation; and selection for training, including apprentice- ship,pmapprenticeship, andlor on-the-job training." 5. Disputes arising out of the labor standards provisions of 2. EEO Officer: The contractor will designate and make Section IV (except paragraph 5) and Section V of these Required known to the SHA contracting officers an EEO Officer who will Contract Provisions shall not be subject to the gma d disputes have the responsibility for and must be capable of effectively clause of this contract Such disputes shall be resolved in accor. dance with the procedures of the U.S. Department of Labor (DOL) Fwm 1373—RevjM 3-95 o (N-95 FR -3 22 Page I. Crenaal...................................................................... 3 U. Nondiscrimination ..................................................... 3 111. Nonsegregated Facilities ........................................... 5 IV. Payment of Predetermined Minimum Wage ............. 6 V. Statements and Payrolls ............................................ 8 VL. Record of Materials, Supplies, and Labor ................. 9 VII. Subletting or Assigning the Contract ........................ 9 VIII. Safety: Accident Prevention ..................................... 10 IX False Statements Concerning Highway Project.......... 10 X Implanentation of Clean Air Act and Federal Water Pollution Control Act ................................................. 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ..................... 11 XIL Certification Regarding Use of Contract Funds for Lobbying................................................................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL I. These contract provisions shall apply to all work performed on the contract by the contractors own organisation and with the assistance of workers under the contractors immediate superintendence and m all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the ma - tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quite their inclusion in any Iowa tier subcontract or purchase order that may in tum be made. The Required Contact Provisions shall not be incerpomted by reference in any case. The prime contractor shall be responsible for compliance by any subcentracmr or Iowa tiff subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations Contained in these Re. quired Contract Provisions shall be sufficient grounds for termi. nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. as set forth in 29 CFR 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 DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this Cortef, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or Is. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on Parole, supervised release, or probation. 11. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requfranents not to discriminate and to take affirmative action m assure equal opportunity as set forth under laws, executive orders, tales, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the previsions prescribed herein, and im. posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this counter. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Am of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees m comply with the following minimum specific requirement activities r EEO: a. The contractor will work with the Snare highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of hisiber activities under the cont - area. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employman without regard to their race, religion, ser, color, ascumal origin, age or disability. Such action shall include: employment, upgrading, demotion, or manrfa; recruitment or recruinnent ad- vertising; layoff or rationales; was of poy or other forms of compensation; and selection for training, including apprentice- ship,pmapprenticeship, andlor on-the-job training." 5. Disputes arising out of the labor standards provisions of 2. EEO Officer: The contractor will designate and make Section IV (except paragraph 5) and Section V of these Required known to the SHA contracting officers an EEO Officer who will Contract Provisions shall not be subject to the gma d disputes have the responsibility for and must be capable of effectively clause of this contract Such disputes shall be resolved in accor. dance with the procedures of the U.S. Department of Labor (DOL) Fwm 1373—RevjM 3-95 o (N-95 FR -3 22 administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractors EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment To ensure that the above agreement will be met, the following actions will be taken as a minimum: a Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All peso mel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. 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 im- plement such policy will be brought to the attention of en- ployees by means of meetings, =ploy= handbooks, or other appropriate means. 4. Recruitment When advertising for employ=, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups 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 minority group applicants. To meet this requirement, the contractor will identify, sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be refered to the contractor for employment consideration. b. 1. the event the contractor bas a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreanent to the extent that the system permits the contractors compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a The contractor will conduct periodic inspections of project .has to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractors 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-tho-job training programs for the ge- ographical area of contract performance. Where feasible, 25 percent of apprentices or minces in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The commuter will advise employees and applicants for employment of available mining programs and entrance re, quirsments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employee; and will encourage eligible employees to apply for such training and promotion. F. 1273—Revi—!3-95 06-01-95 FR -4 23 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contracmt's association acting as agent will include the procedures set forth below: a The contust r will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the refeaal 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 fumish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the eco moctor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral prac- rice prevents the connector from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, procurement of Materiels and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, secs, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity at compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employed. Contme[ors shall obtain lists of DBE construction firms from SHA personnel. C. The contractor will use his best efforts to ensure subcon- tractor cumplianee with their EEO obligations. 9. Records and Reports: The contractor shall keep such FR -5 24 records as necessary to document compliance with the EEO reptiremenm. Such records shall be retained for a period of those years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thori=d representatives of the SHA and the FHWA. a The records kept by the contracmr shall document the following: (1)The number of minority and non -minority group members and women employed in each work classification on theprojecy (2)The progress and efforts being made in confutation with unions, when applicable, m increase employment op- postunitid for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4)The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The common. will submit an annual report to the SHA each duly for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work This information is to be reported on Form FHWA-1391. If on-thenjob training is being required by special provision, the contractor will be required to collect and report training data Ill NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of SI0,000 or more.) a By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal - aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employes any segregated facilities at any of its establishments, and that the firm does not permit its employces to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. It. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or enterminment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age ar disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (erg, disabled parking). Form 1373—Revisal 3-95 08-07-95 c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prim m award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local mads or rural minor collectors, which are exempt.) 1. General: a All mechanics and laborers 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 (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276x) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due m time of payment The payment shall be computed 9 wage noes not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached bereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any addifimal classification and wage cores conformed under paragraph 2 of this Section IV and the DOL poster (WH' 1321) or Form FHWA-1495) shall be posted a[ 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 sccn by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 doomed to be constructively made or inured during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage deter- mination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. laborers m mechanic performing work in more than one classification may be compenmted w the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately sed forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Ad and related ads contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract 2. Classification: a. The SHA connecting officer shall require that any class of Is borers or mechanics employed under the confect, which is not listed in the wage determination, shall be classified in conformance with the wage delamination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (I) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rare, including any bona fide fringe benefits, bears a reasonable relationship to the wage rtes contained in the wage determination; and (4)with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi. tional classification m 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 office to the DOL, Administrator of the Wage and How Division, Employment Standards Administration, Washington, D.C. 20210. no Wage and Hour 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 fime is necessary. d. In the event the contractor w subcontractors, n appm- prime, the laborers or mechanics to be employed in the addi. tional 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 ref" the questions, including the views of all interested parties and the recommendation of the contracting officer, m the Wage and Hour Administrator for determination. Said 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 the additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional clsssification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a Whenever the minimum wage rare prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly core, the contractor or subcontractors, as appropriate, shall either pay the benefit Fane 1373—Revised 3-95 06-m45 FR -6 25 as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the Mount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, the the Secretary of labor bas found, upon the written request of the contractor, the the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the connector to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) sod Helpers: a. Apprentices: (1) 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 DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, m with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/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 Bureau of Apprenticeship and Training or a Stare apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to joumeymm-level employees 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 employce listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid nor less than the applicable wage rate listed in 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 or subcontractor 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 -level hourly rale) specified in the contractor's or subcontractor's registered program shall be observed (3) 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 journeyman - level 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 he paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division detamind that a different practice prevails for the applicable apprentice classification, fringe/ shall be paid in accordance with that determination. FR -7 26 (4) In the event the Bureau of Apprenticesbip and Training, or a Stare apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except w provided in 29 CPR 5.16, neinces will not be permitted to work at less than the predetermined rate for the work performed unless they are employed poisoner to and individually registered in a program which has received prim approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to joumeymm-leve/ employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll a a trainee rule 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 rare on the wage determination fm the classification of work actually performed. In addition, any [mince 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 rare on the wage determination for the work actually performed. (3) Every (mince must be paid a not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rule specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the minceprogram 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 How Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage one on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall re- ceive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis. nation withdraws approval of a training program, the con. tractor m subcontractor will no longer be permitted to utilize asinces at less than the applicable predetermined rate for the work performed until an acceptable program is appmved. c. Helpers Helpas will be permitted to work on a project if the belper classification is specified and defined on the applicable wage determination of is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll a a help" wage rate, who is not a helper under an approved definition, shall be paid not Ids than the applicable wage rate on the wage determination fm the classification of work actually performed. F. 1273—Rcisx]3-95 Cg -M-95 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage races far apprentices and trainees under such programs will be established by the particular programs. The ratio of apprrntices and [minces to joumeymen shall not be greater than permitted by the tams of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause m be withheld, from the contractor or subcontractor 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, w 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 SHA contracting officer may, after written notice to the counteract, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have teaser. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in my workweek in which he/she is employed on such work, to work in excess of 40 hours in each workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rale not less then om,and-one-half times bisibm basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: ]n the event of my violation of the clause ad forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wagon. In addition, each contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia m a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause act forth in paragraph 7, in the sum of $] 0 for each calendar day on which such employee was required or pertained to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause sed forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any mch 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 conimctor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related eabcommucts, except for projects located on roadways classified as local roads or rare] collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a Payrolls and basic records relating thereto shall be maintained by the connector and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide, fringe benefits or cash equivalent thereof the types described in Section I(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalacbian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Seo- tion IV, paragraph 3b, has found that the wages of my laborer or mechanic include the amount of my costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially repossible, that the plea or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainee under approved programs shall maintain written evidence of the registration of apprentices and trainees, and antes and wage rates prescribed in the applicable programs. From 1373—Revisal 3-95 08.07-95 FR -8 27 e Each contractor and subcontractor shall famish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all ofthe information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-00141), U.S. Goverment Printing Ofice, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub contractor or histher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)the the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2)that such laborer or mechanic (including each beipeq 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 ad forth in the Regulations, 29 CFR 3; VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR I. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final consWetion cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the commerce shall: a Become familiar with the he of specific materials and supplies contained in Form FHWA47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. I. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantifies of those specific materials and supplies listed on Form FHWA47, and in the units shown no Form FHWA47. c. Fattish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount eamed. 2. At the prime contractor's option, either a single report covering all marsuct work or separate reports for the contactor and for each subcontract shall be submitted VII. SUBLETTING OR ASSIGNING THE CONTRACT (3) that each laborer or mechanic has burn paid not less that the applicable wage rate and fringe benefits or cash equivalent 1. The contractor shall perform with its own organization for the classification of worked performed, se, specified in the contract work amounting to not less than 30 penernt (or a greater applicable wage determination incorporated into the contrt. percentage if specified elsewhere in the contact) of the total original contract prim, excluding any specialty items designated by e. The weekly submission of a properly executed certification the State. Specialty items may be performed by subcontract and set forth on the reverse side of Optional Forte WH -347 shall the amount of any such specialty items performed may be deducted satisfy the requirement far submission of the "Statement of from the total original contract price before computing the amount Compliance" required by paragraph 2d of this Section V. of work required m be performed req p by the contractors own organization (23 CFR 635). £ The falsification to any or ri above certifications may subject 00 contactor to civil or criminal prosecution ands 18 , "Its own organization" shall be construed to include only U.S.C. 1001 and 31 U.S.C. 23I. workers employed and paid directly by the prime contractor and equipment owned or renb ted y the rime contractor with ar g. The contractor or subcontractor shall make the records mo- tionquiredcandy paragraph transcription of this Section V available for inspa- tion, copying, ar tWA, or by OL, and representatives of Ne SHA, the FHWA, m Ne DOL, and shall permit such represrn f the m interview employees during working hours on re- quired If the contractor or subcontractor fails H submit Nero- t aired records or to make Nan available, the SHA, the FHWA, sponsor, DOL, or all may, alta written notice to the may benec, sponsor; cause, su owner, take such tions m may be neo- essay to cause Ne suspension of rmy e,ffurther payment, advance, re grad records of funds. est or trm make 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.I2. P without operators. Such term does not include employees or equipment of a subcontractor, assigam or agent of the prime comment. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilifies, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the count as a whole and in general are to be limited to minor components of the overall contact From 1273—Revtetl 3-95 oat -07-95 FR -9 M 2. The contract amount upon which the requirements sc forth in paragraph 1 of Section VII 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. 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 resource,, (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the perfomiance of the contract. 4. No portico of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA 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 SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements ofthe prime comma VIII. SAFETY: ACCIDENT PREVENTION 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 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on thejob and the safety of the public and to protect property in correction with the performance of the work covered by the contruct. 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 constr ction safety and health standards (29 CFR 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. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labra or anthorized representative thereof, shall have right of entry many site of contract performance to 1 That any facility that is or will be utilized in the performance inspect or investigate the matter of compliance with the of this contract, unless Such contract is exempt audit the Clean Air construction safety and health standards and to carry out the duties Act, as amended (42 U.S.C. 1857 ct seq., as amended by Pub. L. of the Secretary under Section 107 of the Contract Work Hours 91-604), and under the Federal Water Pollution Control Act, as .it Safety Standards Act (40 U.S.C. 333). amended (33 U.S.C. 1251 at seq., as amended by Pub. L 92-500), 17G FALSE STATEMENTS CONCERNING HIGHWAY Executive Order 11738, and regulations in implementation thereof PROJECTS (40 CFR 15) is not listed, on the date of ventrad award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant in 40 CFR 15.20. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 2. That the firm agrees to comply and remain in compliance with degree of reliability on statements and representations made by all the requirements of Section 114 of the Clean Air Act and engineers, contractors, suppliers, and workers on Federal -aid Section 308 of the Federal Water Pollution Control Act and all highway projects, it is essential that a0 persons concemed with the regulations and guidelines listed thereunder. project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- 3. That the firm shall promptly notify the SHA of the receipt of representation with respect many facts related to the project is a any communication from the Director, Office of Federal Activities, violation of Federal law. To prevent any misunderstanding re- EPA, indicating dist a facility that is or will he utilized guiding the seriousness of these and similar acs, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places wbere it is readily available to all persons concerned with the project NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reeds as follows: "Whoever being an officer, agent, or employee of the United Stater, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as in the character, quality, quantity, or cast of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cast thereof in connection with the submission of plans, maps, specification, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of D'ansportatum; or Whoever knowingly makes any false statement false rews- senation, false report or false claim with respect to the character, quality, quantity, or cast of any work performed or m be per- formed, or materials furnished or to be furnished, in connection with the camstrudion of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to nowerwif fact in any statement, cernfwte, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and sup- plemented; Shall be fined not more that $70,000 or imprisoned at more than 5 years or both." 3L IMPLEMENTATION OF CLEAN AIR ACT AND _ FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 crown.) By submission of this bid in the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction wnmscmr, or Subcontractor, as appropriate, will be deemed m have Stipulated as follows: From 1273—ReviW 3-95 08-07-95 FR -10 29 for the contract is under considemtion to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause m be included the requirements of paragraph 1 through 4 of this Same X in every none:ctnp[ subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. Xl. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a By signing and submitting this proposal, the prospective primary 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 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 primary participant to famish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The ratification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to arta into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroncrus certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- medma written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was ..a when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "Iowa tier covered transaction," "participant" 'person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rales implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary 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 Frohn participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debsnnent, Suspension, Ineligibility and Voluntary Exclusion -Lower Tia Coveted Transaction," provided by the department cur agency entering into this covered transaction, without modification, in all Iowa tier covered transactions and in all solicitations for Iowa tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a Iowa tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows then the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonlincommrenl Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a systehn of records in order to render in good faith the ratification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a pendent 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 Iowa tia 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 de- parliament o-partment or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year farad preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a aiminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or comma under a public transaction; violation of Federal or State antitrust smmtes or commission of embezdement theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Arc not presently indicted for or otherwise criminally or civilly charged by a governmental enmity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this ratification; and Form 1273— Revised 395 0807-95 FR -11 30 d. Have not within a 3 -year period preceding this ap- plication/proposal had ane or more public transactions (Federal, State or local) terminated for cause or default 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other Iowa tia mureactions of $25,000 or more - 49 CFR 29) a By signing and submitting this proposal, the prospective Iowa tier is providing the certification set out below. b. The certification in this clause is a material representation of fan upon which reliance was placed when this transaction was earned into. If it is Iona determined that the prospective Iowa 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 rnnedies, including suspension and/or debarment. c. The prospective lower tiff participant shall provide immediate written notice to the person to which this proposal is submitted if at my time the prospective Iowa tier participant learn that its certification was wwwus by reason of changed circumstances. d The terms "covered transaction," "debared," "suspended," "ineligible," "primary covered transaction," "participant," "pasoq" "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rola implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. a The prospective Iowa tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into my Iowa tic 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. f The prospective Iowa tia participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Iowa Tier Covered Transaction;" without modification, in all Iowa tiff covered transactions and in all solicitations for lower tiff covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a Iowa tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is eronwus. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to ready 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 a of these instructions, if a participant in a coveted transaction knowingly enters into a Iowa tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other raneries available to the Federal Govemmw[, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1. The prospective Iowa tier participant certifies, by submission of this proposal, that neither it nor its principals is presently rich arted, suspended, proposed for debarment, declared ineligible, or voluntarily =eluded from participation in this rnnsaction by my Federal department or agency. 2. Where the prospective Iowa tiff participant is unable to certify to my of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid contraction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or ha knowledge and belief, that: a No Federal appropriated funds have baa paid or will be paid, by or on behalf of the undersigned, to my person for influencing or attempting to influence an officer or employee of my Federal agency, a Member of Congress, an officer or employee of Congress, or m employce of a Memberof Congress in connection with the awarding of my Federal contract, the making of my Federal grant, the making of my Federal Iota, the entering into of my cooperative agreement, and the extension, continuation, renewal, amendment, or modification of my Federal contract, grant, loan, or cooperative agreement. b. If my funds other than Federal appropriated funds have been paid or will be ppaid to my person for influencing or attempting M influence an offneff or employee of my 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, Form 1273—R-isd 3-95 mB-0r-95 FR -12 31 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fomn-LLL "Disclosure, Form to Report Lobbying," in accordance with its instructions. 2. This certificafion is a material representation of fact upon which reliance wasplaced when this transaction was made or en. feted 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 In Contract be subject to a civil penalty of not less than $10,000 and nat more than $ 100,000 for each such fail.. 3. Ile prospective participant also agrees by submitting his or her bid or proposal that he or she shall require the the language of this certification be included in all lower tier wbommet, which exceed $100,000 and the all such recipients shall certify and disclose accordingly. FEDERAL -AID FEMALE AND MINORITY GOALS Goal for Women (applies nationwide). .............(percm,t) ......... 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA Goal (pervert) 174 Redding, CA: No. -SMSA Creates ........... ....................... CA Lassen; CA Modoc; CA Phrases; CA Shasta; CA Siskiyou; CA Tehama - 175 Eureka, CA - Non -SMSA Counties ................................... CA Del Nortel CA Humboldt; CA Trinity. 176 San Francisco -Oakland -San Jose, CA: SMSA Counties: 7120 Salinas -Seaside - Monterey, CA .................................. CA Monterey. 7360 San Francisco -Oakland, CA... .............. CA Alameda; CA Contra Costs; CA Marin; CA San Francisco; CA S.Matco. 7400 San Jose, CA ........................................ CA Santa Clara 7485 Santa Cruz, CA ..................................... CA Sena Cruez. 7500 Santa Ross, CA .................................... CA Sonoma 8720 Vallejo -Fairfield -Napa, CA ................. CA Napa; CA Salem Non -SMSA Counties ........................ CA Lake; CA Mendocino; CA S. Benito. &8 6.6 28.9 25.6 19.6 14.9 9.1 17.1 23.2 FR -13 32 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA .................................. 16.1 CA Placer; CA Sacramento; CA Yolo. Non -SMSA Counties ........................................14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sienna; CA Sutter, CA Yuba. 178 Stackton-Modest., CA: SMSA Counties: 5170 Modesto, CA ....................................... 12.3 CA Stanistmes. 8 120 Stockton, CA ...................................... 24.3 CA San Joaquin. Non -SMSA Counties ........................................ 19.8 CA Alpine; CA Arnador:, CA Calaveras; CA Mariposa; CA Merced; CA Turfman. 179 Fnemo-Bakersfield, CA: SMSA Counties 0680 Bakersfield, CA .................................. 19.1 CA Kam. 2840 Fresno. CA .......................................... 26.1 CA Fresno. Non -SMSA Counties ........................................ 23.6 CA Kings; CA Madera; CA Tulare 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Same Ana -Garden Grove, CA ................................................. 11.9 CA Orange. 4480 Los Angeles -Long Beach, CA ................................................. 28.3 CA Ls Aug.].. 6000 Oxnard -Simi Valley- Venturs, CA .............................................. 21.5 CA Ventura. F. 1273—Bev 3-95 N47-95 From 1273 — Rme 3-95 OM7-95 FR -14 33 181 San Diego, CA: 6780 RivcmitkS. Bernardino - Ontario, CA ............................................... 19.0 SMSA Counties CA Riverside; 7320 San Diego, CA. .............................. .... 16.9 CA San Bernardino. CA San Diego. 7480 Santa Barbaro -Sante Marie- Non -SMSA Counties ..................................... — 18.2 Lompoc, CA .............................................. 19.7 CA linyanial. CA Santa Bub. Non -SMSA Counties ........................................ 24.6 In addition to the reporting requircumats set forth elsewhere in CA Inyo; CA Mono; this contract the Contractor and subcontractors holding CA San Luis Obispo. subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is perfumed, employment dam as contained under Form FHWA PR -1391 (Appendix C to 23 CFP, Part 230), and in accordance with the instructions included thereon. From 1273 — Rme 3-95 OM7-95 FR -14 33 (To be used, when applicable, in Federal -aid projects) *Insert number of trainees. FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS FEDERAL REQUIREMENT TRAINING SPECIAL, No employee shall be employed as a trainee or PROVISION.-- As part of the Contractor's equal apprentice in any classification in which he has employment opportunity affirmative action program, training successfully completed a training course leading to shall be provided as follows: journeyman status or in which he has been employed as a journeyman. The Contractor should satisfy this The Contractor shall provide on-the-job coining to requirement by including appropriate questions in the develop full journeymen in the types of lodes or job employee application or by other suitable means. classification involved. Regardless of the method used the Contractors records The goal for the number of trainees or apprentices to should document the findings in each case. be trained under the requirements of this special provision The minimum length and type of Coining for each will be classification will be as established in the training program In the event the Contractor subcontracts a portion of selected by the Contractor and approved by both the the contract work, he shall determine how many, if any, of Department and the Federal Highway Administration. The the trainees or apprentices are to be trained by the Depantment and the Federal Highway Administration will subcontractor, provided however, that the Commuter shall approve a program if it is reasonably calculated to meet the retain the primary responsibility for meeting the training equal employment opportunity obligations of the requirements imposed by this special provision. The Contractor and to qualify the average toince or apprentice Contractor shall also insure that this Training Special forjoumeyman status in the classification concerned by the Provision is made applicable to such subcontract Whore end of the training period. Furthermore, apprenticeship feasible, 25 percent of trainees or apprentices in each programs registered with the U.S. Department of labor, occupation shall be in their first year of apprenticeship or Bureau of Apprenticeship and Training, a with the State of paining. California, Department of Industrial Relations, Division of The number of trainees or apprentices shall be Apprenticeship Standards recognized by the Bureau and distributed among the work classifications on the basis of training programs approved but not necessarily sponsored the Contractors needs and the availability ofjoumeyrnen in by the U.S. Department of Labor, Manpower the various classifications within a reasonable area of Administration, Bureau of Apprenticeship and Training recnitment Prior to commencing work, the Compactor shall also be considered acceptable provided it is being shall submit to the Department for approval the number of administered in a manna consistent with the equal trainees or apprentices to be trained in each selected employment obligations of Federal -aid highway classification and joining program to be used construction contracts. Approval or acceptance of a Furthermore, the Contractor shall specify the starting time paining program shall be obtained from the State prior to for paining in each of the classifications. The Contractor wot•nencing work on the classification covered by the will be credited for each trainee or apprentice employed by program. It is the intention of these provisions that training him on the contract work who is currently enrolled or is to be provided in the construction crafts rather than clerk - becomes enrolled in an approved program and will be typists or secretmial-type positions. Training is permissible reimbursed for such trainees or apprentices as provided in Iowa level management positions such as office hereinafter, engineers, estimators, timekeepers, eve., where the mining Training and upgrading of minorities and women is oriented toward construction applicators. Training in toward journeymen status is a primary objective of this the labors classification may be permitted provided that Training Special Provision. Accordingly, the Contractor significant and meaningful training is provided and shall make every effort to enroll minority and women approved by the division office. Some trainees or apprentices (e.g., by conducting systematic and offsite training is permissible as long as the training is direct ranuitmeat through public and private sources likely an integral part of an approved training program and does to yield minority and women trainees or apprentices) m the not comprise a significant art of the overall training. P P g extent such persons are available within a reasonable arm is Except as otherwise noted below, the Contactor will be of romenment The Contractor will be responsible for reimbursed 80 cents for hour of training given an employee demonstrating the steps that he has taken in pursuance on this contact in accordance with an approved training thereof, prior to a determination as to whether the Program. As approved by the Engineer, reimbursement Contractor is in compliance with this Training Special will be made for training of persons in excess of the Provision. This training commitment is not intended, and number specified herein. shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not F-15 34 This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other source does not specifically prohibit the Contractor from receiving other reimbursement Reimbursement for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees or apprentice are concurrently employed on a Federal -aid project; contributes to the cost of the training, provides the instruction to the trainee or apprentice or pays the trainee's or apprmticc's wages during the offsite training period. No payment shall be made to the Contractor if either the failure to provide the required training, or the failure to hire the traince or apprentice as ajoumeyman, is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Training Special Provision. It is normally expected that a trainee or apprentice will begin his training on the project w soon as feasible after start of work utilizing the skill involved and remain on the project as long as training opportunities exist in his work classification or until he has completed his training program. It is not required that all trainees or apprentices be on board for the =tire length of the contrast. A Contractor will have fulfilled his responsibilities under this Training Special Provision if he has provided acceptable training to the number of trainees or apprentices specified. The number trained shall be determined on the basis of the total number enrolled on the contract for a significant period Only trainee or apprentices registered in a program approved by the Stere of Califomia's State Administrator of Apprenticeship may be employed on thhe project and said trainees or apprentices shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed. The Contractor shall famish the traince or apprentice a copy of the program he will follow in providing the training. The Contractor shall provide each traince or apprentice with a certification showing the type and length of training satisfactorily The Contractor will provide for the maintenance of records and famish periodic reports documenting his performance under this Training Special 35 Note: Noncollusion Affidavit (Title 27 Gnited States Code SeCiptl 112 Lid _ public Conan Code Section 7106) Ia accordallU with "tale 23 united States Code Section 112 and Public Conuaa Code 7106 the bidder declares :hat the bid is not made in dre intent of, or on behalf of, any undisclosed person, parnershin, wmnany. sssociador, orgmitanon, or oorporadon; that the bid is zenuine and nor collusive or sham; that the bidder has not dire_ ly or indiret'[iy induced or soiiciwd any other bidder to put in a false or sham bid, and has not &t tly or ;ndrreo"y colluded. wnsuird. connived, or geed with any bidder or anyone else to put to a sham bid, or [bat mvone siall re sin from bidding; that the bidder has not in any manner, directly or indirec:l. zougnt by agreement, wnmuttic dO,, or conference with anyone to fix the bid price of the bidder or my other bidder, or to fix any Overhead, profit, or on, Dement of the bid price, or of that of any other bidder, or to secure any advantage against the Public body awarding the contract of anyone - inrerened in the proposed consact; tbxt all smtement5 contained in the bid are ^x; and, [uC[iter, that he bidder has not, direotly or indirectly, submitted his or her bid price or any breakdown thereof, or the wnterts therao( or di Wged information or data relative thereto, or Paid, and will not pay, any it to any corporation ? !ership, company association, organrsstion, bid depository, or to any member or agent rhe: enf to effectuate a wllusive or sham bid. Tne above Yoncollusion Affidavit is part of the Proposal. Signing this ProVITpo. Bidders on the stgnature Portion thereof shall also constivre agrtarrtre of :fus Noncollusion A-EBiddersate cautioned that making a false ce:cfication nay subject me certifier tom;minal prosecuvon (THE BIDDERS E.ECU77O1V ON THE SIGjV47JR E PORTION OF THIS PROPOSa! SIL4LL ALSO CONSTITUTE A LENVORSE ANT AND -w %CLITION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EivII'LOY:�1E.47 OPPORTLITZY CERTIFICATION The bidder _ proposed subcontractor ' hereby certifies that he ha -l—, has not _, participated in a previous contract or subcontract subject to the -goal opporurury clauses, as required by Exeeurive Orders 10925, 11114, or 11246, and that, where required, he has filed wit,4 the Joint RepoMng Committee, the Director of the Office of Federal Contract Compliance, a Federal Goverttmem contracting or administering agency, or the former President'; Committee on Equal Employment Opporoutury, all reports due wider the applicable Pilling requirements. -Note: The above certification is required by the Equal Employment Opporunrty Regulations of the Secretary of4-abor (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 oppordurity clause are set forth in 41 CFR 60-1.5. (Generaliv only contracts or subcontracts of 510,000 or under are exempt.) Currently, Standard Form 100 (,EEO -1) is the only report requirby-the Executive Orders or their implementing regulations. Proposed prime contactors and subcontractors who have participated in a previous contract or subcontract subject to the Executivz-Orders and have not filed the required reports should note that 41 CFR 60-1.7('0) (1) p=Vvents the award of contracts and subcontracts unless such contr=actor 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 Comoliance, U.S. Department of Labor. 17 DEBARry1ENT 2-,D SUSPENSION CERTTFICATION T1 MZ "-9, CODE OF FEDERP.L REGULATIONS, ?4RT 29 _ The bidder, under penalty of perjury, terrifies that, except as noted below, he/she or any other person associated therewith in the capacity of oweer, oartoer, director, officer, manager: is not currently under suspension, debaraent, voluntary exclusion, or cimmu cation of ineligibility by say Federal agency; has cot be= suspended, debased, volunraily xcluded or determined ineligible by any — — Federai agency within the past 3 years: does not have a proposed debarment pending: and • has not been indicted, convicted, or had a civil judgement : mdered aaains it by a count of compaenr jurisdiction in any maser involving E-aud or official misconduct within the Past 3 yeas. If drere are any exceptions to this ter incaaoR uIse, the ex:-epaons is the follow -;ng space. Exc.-ptioa will not necessarily result in denial of award but will be wnsidered en determining bidder responsibility. For say excerption noted above, indicate below to whom it appfies, initiating agency, and dues of scion. Notes: Providing false informarioa may result in erimmal prosecunon or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute agnatare of this Cerd5catinn. NONZOBBY iG CERTIFICATION FOR FEDERAL -AM CONTRACTS The prospective participant cxaftes, by signing and subnitung tus bid or proposal to the Sest of his or her knowledge and belief, that: (1) No Federal approphated ends have been paid or will be paid, by or or. behalf of the undersigned, to any person for viluencng or arernming to influence an officer or employee ofany Federal agencv, a Member of Congress, an offs or employ= of Comes,, or an employee of a Member of Congress in connr_--ion with [he awarding of any Federal mntrac the makipa of any Fedr. ai grant, the making ofany Federal loam [he entering into of any c000erailve agreement, and :he extension, continuation, :a,-,ew'al amendment, or modification of any 7—deral tonne, gar', loan, Or ,opemnile agr<=mea. (o) If any funds otber than Federal aporooriated funds have peen paid orill be paid to any person for invuencng or anempting to mfuena an oEicer or employee of any Federal agency a Member of Congress, an officer or employ- of Congress, or an employee_ of a Member of Congress in conneeion with this Federal convad, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Acivities,' m accordance with its instructions. This certification is a material representation of fad upon which reliance was placed when this ransacnon waz made or entad into. Submission oI tua certn'te uion is a prerequisite for making or entering into EMS no iaiLto file cite transaction' imposed by Section 1752, Title 31, U.S. Code. Any person required for each cetdflcmion shall be subjecn to a civil penalty of not less ;hen 510,000 and not more than 5100,000 su4([ failure. The prospective participant also agrees by subrairting his or her bid or proposal that he or she shall require luded in all lower tier subcontracts which exceed 5100,000 and that the language of this certification be inc that all such subr=ipiems shall cerhT and disclose accordingly. 79 DISCLOSURE OF LOBBYING ACTIVITIES _ Canclete;his Ian to dlsl-cse lobbying x'J`nties.ursuanl tc 31 U.S 1352 �1. Type of Federal Action: _ (2TSlaws of FMeral Actimt i Repan Type: • aiu'ae E.:X/oMerlamlloum � ]..-aLjo�o>•aIC L-1 ribal axed eA� a P=ara1°r` For Material Change Only: L. 'liar a3:eenM a m vac _ wrro _ gnyA'dMn 3L! Oi'a fCQI . �,vWraU d, Name and Actress of Reportingandly.rtte 5. H Reporting Entity in Na. S M Suba— dl- Encu :Tine E,aawa Name and cod.. of Rrime: 17 - �J Tia. _.. it krwn Con9r�sional Oistri4 iiknwn: Federal OeparimmtlAgenry: 8. Federal Acdon Number, dlndo r: 10. a. Name and Adds of Lobbying Entity (dirwo.. East name, fin, name, ,V7: Cangresslonal Oiszict lfkrdvd. 7. Federal Pmgam NamalOeseipban: CFOANumber, ifauniuoie 9. A.H Amount i/known.' S b. Indiimdualw Performing Sarvica (Mudln9 addass d . Merom tom Na low (las: name. first name, M17: 11. Amount of Payment (shed all Mn aPplYl' 13. Type ot?ayment Ichxk all hat appM S �aaual ❑ 71amd z remne' b. se -df. 12 farm of ?aymerM1 ld'eax atl Mat aPPlYI: - <. comnision B d. I ®sh C oan5ngent fee in4drIF- arr®7 ranee G rRIMd 'Nuaf. ader, sroery 10. drwf 0eseiption of Samos Pefonn a or to in PMoimd and Oalelsl of Soni¢ including affiulsl, emPlayee(sl. or memberls) c enacted, for Payment Ina—aed m Item 11: (egad Carmnuadw S1eef(s) nxmssary/ 15. CoHdruavon Sheetls) adachd: Yea ❑ Na 15. Ilord�mivxna an ann yauviv¢_eav Tent u.9C. Semen Si9nanae: :1 irnndKmyrgx-i-mes as n'Merwlrtpeeraem dLa .e: wmdgaw u:;a.e.cm ao L 31 Flim Nane: no, sacea-'ia omue v:ewaed pe_v'a 1111.9.0.:32 �i x:mrna:c oti C>5�semwm�alhm:3 ae Title: �� mua�.=weem +m c��•mi ws: ux:ea.we �aay. Cate: ssax uasmxe,a,LeWlydmi'.ea am Sro.uo Na.: six,= Yzm DiSTRUCFIONS FOR COMPLEVON OF SF- LL'—DISCLOSURE OF LOBBYUiG ACTIVITIES itis disclosure fora[ shall be completed by the rcpordng end, whether subawardee or prime Fderal _ecioieat, a the initiation or,cnzPt of covered Federal acwn or a material change to previous Sling pursuant to title 31 U.S.C. section 13i2_i The Sling of a form is required for such payment or agreement to make payment to lobbviag entity for influencing or aaempung to influence an owner or employee of any agency, a Membv of Congress an oFcer or employee of Congress or an employee of a Member of Amon a contiauaaon rhea for additional Congress in connection with a covered Federal acror.. information if me space on the form is inadequate. Comoiete alI items that apply for both the initial filing and material change report Refer to the uoFl done gjidance published by me Office of Management and Budget for additional information. 1. Identify the type of covered Fderel anion ,,b, xhicb lobbying aci.iry .s andiornas been secured — to influence, the omame of a covered Federal action. 2 Identity the status of the covered Federal action- IdentGy the appropriate classification of this report. If this is a follow-up report caused'ey a material change to the information previously reported, enter the yesr and quare' a which the change occurred Enter the Late of the !art, previously submitted report by this reporing entry for this covered Federal action. 4. Fitter the (fill came, address, city, stare and rip code of the r_porong entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or exne_s to be a prime of subaward recipient Identify the der of the subawardee, e.g., thereef subawardee of the prime is the firs tier. Subawards include but are not Limited to subcontracts, wO,,=ts and contra, awards under grants. - _ — i. if the organization filing the report in item 4 checks "Suhawardee' +hen enter the pill narnq address, airy, state and zip code of the prime Fderal recipient Include Convtssional District, if knower 6. Enter the name of the Federal agency making the award ocloan commitment. Include at leas: one organization level below agency name, if known. For example, Department ofTransporadon, United Stores Coast Ouerd. --7- Eater the Federal program name or descipuon for the covered Federal action (item 1). Tu known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for g u, cooperative agreemems, loans aid -loan commitments. 3. Eater the most appropriate Fede--Aration number available for the Federal action identification in item 1 (e. ¢., Request for Proposal (RFP) comber, Invitation for Bid (ffB) number, grant' announcement oumber, the contract grant of loan award number, the appGcadodproposal control nutgGSr assigned by MFederal agency). Include prefixes, e.g., "RFP -DE -90-00I by the Federa 9. For a covered Federal action where chert has been an award or loan coconrur scon l agency, enter the Federal amount of the award/loan commitments for the prime entity identified !n item 4 or i. 10. (a) Emu the full name, address. city race and zip code of the lobbying unity engaged by the repotting entity idermi in item 4 to influenced the covered Federal action. (b). Emu the full names of the individuzl(s) per:-orming services and include fill address if diffe (tont 10 (a). Enter Lar tiame, F'vst Fame and tNLddle Initial I L Emu the amount of compensation paid or reasonably expected to be paid'' y the M-POrug entity (item 4) to the lob'oying enury (item 10;. Indicate whether the payment has been made (acetal) or —will be made (planned). ebeck all boxes that apply. LF this is a material change roor4 enter tae cumulative amount of paymem made or olafmed to be mace. !2. Check [Tie approoriate bex(es), Check all boxes :her apply. If payment is made through an in-kind -- comtibutioa, specify the nature and value of the in-kind "=?lent, 13. Check the approprate box(es). Checkfoxes that apply. Ti other, 'yin h nater. 14. Pro"ac a specific and -detailed descriptionofof the services that the io63nr has performed or coil! be expend to perform and the date(s) of any ssr+�ces rendered. Include all preparatory and 31 related ac-dvity not jur time spent in actual contact with Federal omcials. identity the Federal officer(,) or employee(,) contacted or the officer(s) employee(s) or Member(s) of Congress thar— were contacted. ki. Check whether or not a rantinuation sheet(s) Is coached. _ 16, The certifying omcai shall sign and dace the form, print his/her nar..a Ode and telephone nunber. _ Public reporting burden for this collection of infcrnation is estimated to average ;0 minutes per response, including time for re�iewiag I,nssuaion, searching easing data sources, gathrng and mimaining the data needed, and wmpleting and reviewing the colleaton of information. Sad cor„mems regarding the burden crimam or „y other asps of this collection of mfornatiort including suggestions far reducing this burden, to dte Office Of Management and 39dgr.,sPape„aow.ao�rk �x��sc- on .ril 103:3-0Ca6), Washinzon, D.C. 20503. ,' Local Assistance Procedures Manual EXHIBIT 15-G Local Agency Bidder DBE Information LOCAL AGENCY BIDDER -DBE -INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received by the administering agency no later than the time specified in the special provisions. CO./RTE./P.M.: BIDDER'S NAME: CONTRACTNO.: ADDRESS: BID AMOUNT: S BID OPENING DATE: DBE GOAL FROM CONTRACT CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OF WORK OR SERVICES 10 BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED NAME OF DBE" (Name of DBEs, Certification Number, and Telephone Number) DOLLAR AMOUNT ••. DBE PERCENT DBE I w 1 I � Total Claimed $ Participation % % not to be used to meet goals on federally funded contracts. "' Credit for a DBE supplies} who is not a manufacturer is limited to 60% of the amount paid to the supplier. (See Section "Disadvantaged Business" (DBE) of the special provisions) IMPORTANT: Names of DBE subcontractors and their respective ftem(s) of work listed above should be consistent with the name and items of work in the "List of Subcontractors" submitted with your bid Signature of Bidder Date (Area Code) tel. No. Person to Contact (Please type or print) Disadbutim for all Pmjeen: (1) Original -Caltrans DLAE fm NHS Projects, (2) Copy -Weal Agmcy project file DEPT. OF TRANSPORTATION (FED DBE) MODIFIED DC -OE -19 (REV 09"16-95) Page 15-33 February1,1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 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: ❑ ❑ Eln n .nn n ' n A:A/n6../nnnlineNnn mniel It grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: C. loan guarantee year_ quarter_ f. loan insurmmc dale of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawarde , Enter Name and Address of Prime: Prime C Subawardee Tier ,if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program NameMescription: CFDA Number, if applicable _ 8. Federal Action Number, if known: 9. Award Amount, if known: 30. a. Name aad Address of Lobby Entity b. Individuals Performing Services (including (ifindividual, last name, first name, MI) address if different from No. 10a) (last name, first more, MI) (attach Continuation Sheets) if necessary) It. Amount of Payment(checkall that apply) 13. Type of Payment (check all that apply) . rT I I actual planned a. retainer b. one -fine fee m c. comission 12. Form of Payment (check all that apply): a cash e d. contingent fee b. in-kind; specify: nature — a deferred value f other, specify 14. Brief Description of Services Performed or to be performed and Dabd$) of Service, including officer(s), employce(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Shrubs) attached: Yes [—] No ❑ 16. lnformetion r quested through this form is autbonsed by Title Signature 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by Ne her above when his nansactirm was made or Print Name - owned into. This disclosure is required pursuant to 31 U.S.C. 1352. This infmmstion will be reported to Congious Title semiannually vid will be available for public inspmtion. Any perm who fails to file the required disclosure shall be subject W. civil penalty of not leu than $10,000 and not more thin Telephone No.: Date: $100,000 for each such thilum. Authorized for Local Reproduction Federal Use Only: Standard Foran - LLL Standard Form LLL Rev, 09-1247 Page 1243 February 1, 1998 UNDISTURBED SOIL VARIABLE, DEPENDING UPON PIPE SIZE AND SOIL CONDITIONS CONCRETE 2' MIN. (TYP.) ENCASEMENT�:'i."`.•-,. 6" MIN. 14 BARS AT LONG. (TYP.) 0. +! : 24' C.C. (TYP.) 4 BARS +y 2' MIN. 6" MIN. TYPE "B" 2 - 1' JOINTS (APPLICABLE TO V.C.P. ONLY) VARIES SECTION 6" MIN. NOTES 1. ENCASEMENT TO BE PLACED AGAINST UNDISTURBED NATURAL GROUND OR FILL COMPACTED TO 95% RELATIVE DENSITY. 2. NO. 4 STEEL REINFORCING BARS SHALL BE USED AS SPECIFIED. 3. TYPE OF CONCRETE ENCASEMENT TO BE USED WILL BE SHOWN ON PLANS OR AS SPECIFIED BY CITY REPRESENTATIVE TO MEET UNFORESEEN FIELD CONDITIONS, UNLESS NOTED OTHERWISE, ENCASEMENT SHALL BE CUSS 'B' CONCRETE. 4. WHERE SLOPED TRENCHES ARE USED, WALLS WILL NOT BEGIN TO SLOPE CLOSER THAN 12" FROM THE TOP OF THE PIPE. CONCRETE ENCASEMENT FIGURE A LOCATE THE 4' OUTLET PERPENDICULAR TO THE CURBLINE GREATER THAN 20' - 8' HYDRANT RUN HYDRANT (SEE NOTE 4 20' AND LESS - 6' HYDRANT RUN I r & 5) CONSTRUCT 3'X3'X4" THICK SEE NOTE 3 ' CONCRETE PAD WITHIN PARKWAY. 6" SPOOL "BREAK -AWAY' BOLTS ON HYDRANT FLANGE Z ONLY ME l FEATHER JOIN EXIST. r7 SIDEWALK fPAVEMENT T - ..., ... _..... .. , I STD. 707 .a''K'j'jIl F -------------- •r`.; FOR THRUST BLOCKS SEE SBWD STD. `.� 8"116" REDUCER ON v_:. DWG. 712 LONG SIDE OF STREET MAIN LINE 6" OR 8" RESILIENT WEDGE GATE VALVE, RING-TITE. BY FLANGE VALVE SHALL BE LOCATED AS CLOSE TO THE MAIN LINE AS POSSIBLE OR AS OTHERWISE DIRECTED BY CITY ENGINEER. NOTES 1. HYDRANTS TO BE PAINTED YELLOW ACCORDING TO WATER DEPT. PAINT SCHEDULE. 2. HYDRANT FLANGE GASKET SHALL BE "FULL FACE' AND OF RUBBER COMPOSITIONI/8" THICK. 3. THE LOCATION OF HYDRANTS MUST MEET ALL OF THE FOLLOWING CONDITIONS; -A. MAINTAIN MINIMUM 18" DISTANCE FROM BACK OF CURB. (PREFERRED LOCATION) B. MANTAIN MINIMUM 12" DISTANCE FROM EDGE OF SIDEWALK WHEN PLACED IN PARKWAY. C. MAINTAIN A 48" CLEAR WIDTH OF SIDEWALK FOR PEDESTRIAN ACCESS. EXCEPTION: WHEN BECAUSE OF RIGHT OF WAY RESTRICTIONS, NATURAL BARRIERS OR OTHER EXISTING CONDITIONS, THE CIT' ENGINEER MAY DETERMINE THAT COMPLIANCE WOULD CREATE AN UNREASONABLE HARDSHIP, AND UPON HIS/HER WRITTEN APPROVAL THE CLEAR WIDTH MAY BE REDUCED TO 36 INCHE' D. MAINTAIN 36" CLEAR DISTANCE FROM ANY OBSTRUCTIONS. 4. FOR HYDRANT IN RESIDENTIAL AREAS USE, HYDRANT WITH 1-4" & 1-2 1/2' FIRE HOSE OUTLETS EAST BAY TYPE JONES 3700 WITH BRASS CAPS, 1 1/8" OPERATING NUTS 5. FOR HYDRANT IN INDUSTRIAL/COMMERCIAL AREAS USE, HYDRANT WITH 1-4" & 2-2 1/2" FIRE HOSE OUTLETS EAST BAY TYPE JONES- 3765 WITH BRASS CAPS, 1 1/8' OPERATING NUTS. FIRE HYDRANT INSTALLATION PLAN RMEwE PUBLIC REVISIONSEt ERENCES 22 O1 NO. DESCRIPTIONS712 DEPUtY Cltt EK. -R(E 5]202 nPPRovEo ` 707 O1 4DRrcD` u u K01/22 D BY: K.Y. CHECKED BY: WORKS SHEET 1 OF 1 E 1 m J W N A 4 w y nen a� c A A 0 D n A�myaJyJp A n T mm J O AR A Z > O A S O N p p C �1 O; y� FF 23 'SFA Z C Cr a §O Oryy c� Szpn� �a 3�m y Z Z- -0 1 m Z 0 0 N N C </• 2 Z��yiJ jl'.1 N Z n P 5 a Z .. J z 9 °Op Exx Qti 0 97q puwp mxJA pmpx�mxm� mx2A`ilap zfp� Zo6 QbUs° Ojo)ye*° ,czAoi . ` o�Y N OO OO OO OO OO O V Q 'G 9 _ — p A c c u €£E3 vb v wg o=� a 8 £ N n D i y A 0 Z D z Hz m o $ m m C o �n O a E J � K 7 - O s i m s 8' Parkway A� WPJ at o/2 2% 8" C.F. A \ BCR <I 3, y Gutter =� yi a � ? I 'z Planting area a, WPJ I r -Sidewalk / \ 6" C.F..J ¢I WPJ U w --------- LOCAL STREET-------- See TREETSee Note 2 •• See Note 3 B WPJ at A/2 8.33% Max. 5' min. not to exceed 7' TYPE I If depth of landing Is less than 4', flared side slopes may be increased to a max. 11, of 10'. Design engineer shall A determine and designate the dimension on the plans. (Also refer to Note 10). Z/ III BCR (Also refer to WPJ Notes 10 & 11) arc If depth of landln 8.33% Max. m is less than 4', flared RAW side slopes may be a Increased to a max. of 10'. 5' Sidewalk I ^' Design engineer shall N+ `\ g determine and designate the dimension on the plans. See Note 2 WPJ B (Also refer to Note 10). -• See Note 3 TYPE 2 W ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DEPA NA STD. PLAN 6pprpvs0 1115 A000ted; Rps. 9T-197-117Rsvlse0: Res_60-427 K. R SMI& CNe E,,f. CURB RAMP SHT. I OF 8 Straight B Grade \ 7' R r N 8.33% Max. 3 I + Y O d Planting Area 'rte x � to m +� Curb Face Curb (Not to exceed 10' In length, see Note 11) Design engineer shall determine and designate the dimension on the plans. Straight Grade 8.33'/. Max.N R +_ 1 Area WPJ�4' 4' I 4�4, I 4' WPJ Gutter B • See Note 2 •• See Note 3 TYPE 5 See Note 11 10' Max. Re -graded as needed See detail (Parkway Earthwor k) �� "A". "B", orXRL D D c Nw °oX=4' when adjacent to a planting area J Curb Face Gutter See Note 2 •+ See Note 3 TYPE 6 ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DEPA TMEN STD. PLAN ApprovoC A000teo: Rea. 97-117 Revl&eoe R.I. 00-427 K. R. SMM CNeI Enp/rov 1115 CURB RAMP SHT. 3 OF 8 Curb Face N1 Gutter �— WPJ TYPE 7 10' max. See Note 11 See detail "A", "B", or W P J D See Note 10 • See Note 2 •• See Note 3 See Note 6 Existing Parkway roadway it, A, W ------ Rounded edge Min. 5% 2% Top of ramp �'-- Max, � i AC 2% 8.332 Curb See curb ramp gutter detail SECTION A -A 8,37.1 i 12 ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DEPA T EN STD. PLAN ADDroveC K. R. SM/t, CNe( Ery neer 1115 4CDD Te E: Res. 91-II7 Re visetl: Rea. 00-<27 CURB RAMP SHT. 4 OF 8 See. Note 6 Parkway �W Varies 4' Existing I-'-jl Rounded edge Min. Top of ramp Si I.r_________ __t_ ` MoX. i Depressed back of walk AC See detail "A" "B" or "C". 8,3.3 2% Curb - Ma See curb ramp gutter detail SECTION B -B Existing roadway See Note 6 P.arkwav 5= ? -Depressed back of walk ox.��- ---- --; -- ( See detail "A", "B", or AC i 2% Curb See curb ramp gutter detail SECTION C -C ',N — See Note 6 See Note II I. %I Existing alley Rounded edge 10 Max. or roadway --------rte Max. -- A --- 8.33% Existing sidewalk Max, Curb SECTION D -D ORANGE COUNTY PUBLIC FACILITIES & RESOURCES Approved Res. CURB RAMP 12 STD. PLAN 1115 SHT. 5 OF 8 Varies 4' Varies Per type per type Depressed back of walk 8,33i 833 Max. PCC sidewalk Max. SECTION R -R 12" a� . PC n " A " GROOVING DETAIL R/W LL V oZ Y PavedO m J r surface DETAIL "A" r ul— 013 o\ t¢ C Unpaved 0 (surface ` 6" `, Retoininq curb DETAIL "C" 57 Max. (1:20) No lip requirement / Ramp 8.337. Max. (L•lZ) r�-- Concrete gutter CURB RAMP GUTTER DETAIL R/W Graded Slope 2:1 Max Unp?vee sur ace DETAIL "B" . On retrofit construction or cases where the retaining curb must be constructed Inside existing road R/W, a "Back of Sidewalk" transition Is required (see diagram below) to direct pedestrian traffic around the retaining curb. Retaining curb /Existing ——�----------L--R/W ------------ _= Back/f-- --- existing **"7Cr�bRarq--) sidewalk PLAN VIEW rr 7.5' transition length for straight sidewalk alignment. At curb returns, transition length can terminate at BCR/ECR, provided It Is not less than 5': otherwise, the retaining curb must extend to the BCR/ECR and the 7.5' transition length be used. ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DWEPA APPIG�ea smIM ae EMI"wr CURB RAMP STD. PLAN 1115 SHT. 6 OF 8 GENERAL NOTES : I. X=8.0' on curb with 8.0" curb face height. X=6.0' on curb with 6.0" curb face height. 2. The rorrp shall have a 12" wide border with Y4 " grooves approximately 3/4 " OC. See grooving detail 3. The ramp surface shall have a transverse broomed surface texture. 4. Use detail 'A" If existing surface behind Right -Of -Way is paved. 5. Use detail "B" or "C" If existing surface behind Right-Of-Woy Is unpaved. 6. W=3.0' to retrofit existing sidewalk. New construction shall malntaln the standard street crossfall. 7. A 10 -foot minimum Gutter Edge Transition Is required between the A-2 gutter (8.33% max.) and the Curb Ramp Gutter (57 max. gradient, as shown on page 6, Curb Rarrp Gutter) to Improve vehicular rldabllity. At curb return location, transition shall be to the BCR & ECR. A-2 & U, 'e' OA Curb Ramp OFlared Side Slopes OLanding Area OCurb Ramp Gutter Edge EO Gutter Edge Transition 8. For construction of curb ramp on an existing walkway area where space limitation prohibits the use of 8.33% (1:12) slope, a steeper slope can be used (Federal Register/Vol: 56, No. 144/Friday July 26, 1991, Section 4.1.6 (3)(a)). (I) A slope between 10.0'/. (1:10) and 8.337 (1:12) Is allowed for a maximum rise of 6 Inches. (lit A slope between 12.5% (1:8) and 107. (1:10) Is allowed for a maximum rise of 3 inches. A slope steeper than 12.57 (1:8) Is not allowed. ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DEP A T IEN STD. PLAN Approved 97-117 CURB RAMP 1115 SHT. 7 OF 8 9. Type 6 shall not be used at locations where marked crosswalk exists in both directions. 10. If depth of landing is less than 4', the mcximum gradient at the flared side slope shall not exceed 8.33%. In no Instance, however, shall the maximum flared side slope. exceed 10' (see Note below). The design engineer shall determine and designate the dimension on the plans. Note: In some cases where the street grade Is steep, the 8.33% criteria would require a substantial transition length for the flared side slope (transition from 0 -height curb to standard height curb). Limiting the transition length to 10' will minimize safety impact to the overall public. A standard height curb & gutter provides the following safety features: • Maintains roadway drainage at the flowline location. • Maintains vehicular traffic flow and safety at curb returns and parkway area. • Protects pedestrian from vehicular traffic. Subpart A, Section 36.302(a) "Modifications in Policies, Practices, or Procedures" of the "Americans with Disabilities Act" (ADA) and Section 4451(f) of the California Government Code allows modifications to the requirements In order to maintain overall public safety. ll. At hillside development, street grade can be as steep as 6% for arterial highways and 10% for local streets. To maintain an 8.337. romp would require a substantial walkway transition length. in cases where the street grade is steeper than 8.337., It would be impossible for the transition curb or transition walkway to join the normal height curb or sidewalk. Furthermore, the depressed walkway would create safety issues such as a water ponding behind the curb and a siltation problem on the sidewalk. Hence, modification to the ADA requirement is allowed per Subpart A, Section 36.302(a) of the "ADA" and Section 4451(f) of the California Government Code. ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DEP9RIMENT� I STD. PLAN Approved Adopted: Res. 97-117 Revised: CURB RAMP 1115 SHT. 8 OF 8 !. ozw zmo 10 mDm I��.... y- N SAL 1� omD �I °s v < IEFE m r+ � I rr• r z m my 2 mC y N O a+ k m C N I r o i N 0 0 m f.,. I N O k:., n Z Nom t V on Z D i1 _ 5o ZD m m mO m1�rl��l�I-I�If Z ; i Nim3-limi Z . j � � y z F311 l © N RIIaIR f V D r x Z gj= G A m Z U N a O N N m 1 6 M, IQ W K CW ap OAU ¢ ¢ Z W Q ozz as o �Wp OU 3 U U mm D m m 25 m QQ wo W00 3300 Z 0. m Q K C H pF3 3 3 I Q J QQ p 3 J J p OQm WW ZO LO m O m h d T O== d O sQ jCja=m<UQ m O m m Z M 3 O o OWUWOa m z3 W Www Q 2 owwo _ ^ow WUW�OJQ T 0OJmmXUWQ I/\V/ 3 mmrX3ww> N 2 B ®C9V` CJ�J u gj= G A m