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22-177 2022-16 Homestead-De Anza Traffic Signal Tennyson ElectricSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No): FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N/A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILELIABILITY Y/N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBEREXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANYPROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBER TYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZEDREPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY PUBLIC WORKS DEPARTMENT 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE Homestead Road-N. De Anza Boulevard Traffic Signal Modification Bid Date: April 18, 2022 at 1:00pm City Project Number: 2022-16 Federal-Aid Project Number: HSIPL-5318(030) PROJECT DIRECTORY Homestead Road-N. De Anza Boulevard Traffic Signal Modification 2022-16 HSIPL-5318(030) Homestead Road and N. De Anza Boulevard City of Cupertino City of Cupertino TJKM Transportation Consultants SEALS PAGE 10/20/21 Ruta Jariwala, P.E. Date TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 TABLE OF CONTENTS Notice Inviting Bids....................................................................................................................... 1 Instructions to Bidders ................................................................................................................. 4 Bid Proposal................................................................................................................................. 11 Bid Schedule................................................................................................................................ 13 Subcontractor List....................................................................................................................... 14 Noncollusion Declaration........................................................................................................... 15 Bid Bond....................................................................................................................................... 16 Bidder’s Questionnaire............................................................................................................... 18 Contract........................................................................................................................................ 21 Payment Bond.............................................................................................................................. 25 Performance Bond ...................................................................................................................... 27 General Conditions ..................................................................................................................... 29 Article 1 - Definitions................................................................................................................... 29 Article 2 - Roles and Responsibilities ....................................................................................... 32 Article 3 - Contract Documents.................................................................................................. 37 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 40 Article 5 - Contract Time............................................................................................................. 43 Article 6 - Contract Modification................................................................................................ 49 Article 7 - General Construction Provisions............................................................................. 52 Article 8 - Payment ...................................................................................................................... 62 Article 9 - Labor Provisions........................................................................................................ 65 Article 10 - Safety Provisions.....................................................................................................66 Article 11 - Completion and Warranty Provisions.................................................................... 68 Article 12 - Dispute Resolution .................................................................................................. 70 Article 13 - Suspension and Termination.................................................................................. 75 Article 14 - Miscellaneous Provisions....................................................................................... 78 Special Conditions ...................................................................................................................... 80 Technical Specifications............................................................................................................. 89 Exhibit A-A – Shelter in Place and Social Distancing Requirements................................... 130 Attachment A: Exhibit 12G - Required Federal-Aid Contract Language ............................ 154 Attachment B: Federal Minimum Wage Rates....................................................................... 183 Attachment C: Exhibit 15G - Construction Contract DBE Commitment............................. 254 Notice Inviting Bids 1. Bid Submission. Homestead Road-N. De Anza Boulevard Traffic Signal Modification 2. Project Information. 2.1 Location and Description. 2.2 Time for Final Completion. 2.3 Estimated Cost. 2.4 Retention. 3. License and Registration Requirements. 3.1 License. A – General Engineering Contractor or C-10 – Electrical Contractor 3.2 DIR Registration. 4. Contract Documents. 5. Bid Security. 6. Prevailing Wage Requirements. 6.1 General. 6.2 Rates. 6.3 Compliance. 7. Performance and Payment Bonds. 8. Substitution of Securities. 9. Subcontractor List. 10. Instructions to Bidders. 11. Caltrans Administered Project. 11.1 Title VI Non-Discrimination Assurances. Attachment A: Exhibit 12-G - Required Federal-Aid Contract Language. 11.2 Disadvantage Business Enterprise (DBE). Instructions to Bidders Homestead Road-N. De Anza Boulevard Traffic Signal Modification Project 1. Bid Submission. 1.1 General. 1.2 Electronic Submission. 1.3 DIR Registration. 2. Bid Proposal Form and Enclosures. 3. Authorization and Execution. 4. Bid Security. 4.1 Form of Security and Submission. 4.2 Bid Guarantee. 5. Requests for Information. 6. Pre-Bid Investigation. 6.1 General. 6.2 Document Review. 6.3 Project Site. 6.4 Utility Company Standards. 7. Bidders Interested in More Than One Bid. 8. Addenda. 9. Brand Designations and “Or Equal” Substitutions. 10. Bid Protest. 10.1 General. 10.2 Protest Contents. specific 10.3 Copy to Protested Bidder. 10.4 Response to Protest. 10.5 Copy to Protesting Bidder. 10.6 Exclusive Remedy. 10.7 Right to Award. 11. Reservation of Rights. 12. Bonds. 13. License(s). 14. Ineligible Subcontractor. 15. Safety Orders. 16. Subcontractor Work Limits. 17. Bid Schedule. 17.1 Incorrect Totals. 17.2 Estimated Quantities. 18. Bidder’s Questionnaire. 19. Federal Subcontracting Requirements. 19.1 Solicitation Lists. 19.2 Soliciting Potential Sources. 19.3 Maximizing Participation. 19.4 Establishing Delivery Schedules. 19.5 Organizational Assistance. 19.6 Disadvantaged Business Enterprise (DBE). Bid Proposal Homestead Road-N. De Anza Boulevard Traffic Signal Modification Project 1. Base Bid. 2. Addenda. 3. Bidder’s Certifications and Warranties. 3.1 Examination of Contract Documents. 3.2 Examination of Worksite. 3.3 Bidder Responsibility. 3.4 Responsibility for Bid. 3.5 Nondiscrimination. 3.6 Iran Contracting Act. 4. Award of Contract 4.1 Execute Contract. 4.2 Submit Required Bonds. 4.3 Insurance Requirements. 5. Bid Security. [See Section 3 of Instructions to Bidders] Bid Schedule BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization 1 LS 2 Traffic Control 1 LS 3 Storm Water Pollution Control 1 LS 4 Construction Staking and Survey 1LS 5 Traffic Signal Modification 1 LS Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section1oftheBidProposalform. Subcontractor List DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO.PERCENT OF WORK Noncollusion Declaration Bid Bond Homestead Road-N. De Anza Boulevard Traffic Signal Modification 1. General. 2. Submittals. 2.1 Contract. 2.2 Payment Bond. 2.3 Performance Bond. 2.4 Insurance. 3. Enforcement. 4. Duration and Waiver. [Signatures are on the following page.] SURETY: BIDDER: Bidder’s Questionnaire Homestead Road-N. De Anza Boulevard Traffic Signal Modification Project Part A: General Information Part B: Bidder Experience Part C: Safety Part D: Verification I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Contract Homestead Road-N. De Anza Boulevard Traffic Signal Modification Project 1. Award of Contract. 2. Contract Documents. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 3. Contractor’s Obligations. 4. Payment. 5. Time for Completion. 6. Liquidated Damages. 7. Labor Code Compliance. 7.1 General. 7.2 Prevailing Wages. 7.3 DIR Registration. 8. Workers’ Compensation Certification. 9. Conflicts of Interest. 10. Independent Contractor. 11. Notice. City: Contractor: 12. General Provisions. 12.1 Assignment and Successors. 12.2 Third Party Beneficiaries. 12.3 Governing Law and Venue. 12.4 Amendment. 12.5 Integration. 12.6 Severability. 12.7 Iran Contracting Act. 12.8 Authorization. CITY: CONTRACTOR: Payment Bond Homestead Road-N. De Anza Boulevard Traffic Signal Modification Project 1. General. 2. Surety’s Obligation. 3. Beneficiaries. 4. Duration. 5. Waivers. 6. Law and Venue. [Signatures are on the following page.] 7. Effective Date; Execution. SURETY: CONTRACTOR: Performance Bond Homestead Road-N. De Anza Boulevard Traffic Signal Modification Project 1. General. 2. Surety’s Obligations. 3. Waiver. 4. Application of Contract Balance. 5. Contractor Default. 5.1 5.2 5.3 6. Surety Default. 7. Notice. 8. Law and Venue. 9. Effective Date; Execution. SURETY: CONTRACTOR: General Conditions Article 1 - Definitions Definitions. Allowance Article Change Order City City Engineer Claim Contract Contract Documents Contract Price Contract Time Contractor Day Design Professional DIR Drawings Engineer Excusable Delay Extra Work Final Completion Final Payment Furnish Government Code Claim Hazardous Materials Including Inspector Install Laws Non-Excusable Delay Plans Project Project Manager Recoverable Costs . Request for Information RFI Section Shop Drawings Specialty Work Specifications Subcontractor Technical Specifications Work Work Day Working Day Worksite Article 2 - Roles and Responsibilities 2.1 City. City Council. Engineer. Project Manager. Design Professional. 2.2 Contractor. General. Responsibility for the Work and Risk of Loss. Project Administration. On-Site Superintendent. Standards. Meetings. Construction Records. Responsible Party. Correction of Defects. Contractor’s Records. Copies of Project Documents. 2.3 Subcontractors. General. Contractual Obligations. Termination. Substitution of Subcontractor. 2.4 Coordination of Work. Concurrent Work. Coordination. 2.5 Submittals. General. Time and Manner of Submission. Required Contents. Required Corrections. Effect of Review and Acceptance. Enforcement. Excessive RFIs. 2.6 Shop Drawings. 2.7 Access to Work. 2.8 Personnel. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. Plans and Specifications. Duty to Notify and Seek Direction. Figures and Dimensions. Technical or Trade Terms. Measurements. Compliance with Laws. 3.2 Order of Precedence. 3.3 Caltrans Standard Specifications. Limitations. Conflicts or Inconsistencies. Meanings. 3.4 Federal Contract Requirements. Attachment A: Exhibit 12G – Required Federal-Aid Contract Language 3.5 For Reference Only. 3.6 Current Versions. 3.7 Conformed Copies. 3.8 Ownership. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Surety. Supplemental Bonds for Increase in Contract Price. 4.2 Indemnity. 4.3 Insurance. Policies and Limits. Commercial General Liability (“CGL”) Insurance: Automobile Liability Insurance: Workers’ Compensation Insurance and Employer’s Liability: Pollution Liability Insurance: Builder’s Risk Insurance: Notice. Waiver of Subrogation. Required Endorsements. Contractor’s Responsibilities. Deductibles and Self-Insured Retentions Subcontractors. Article 5 - Contract Time 5.1 Time is of the Essence. General. Authorization. Rate of Progress. 5.2 Schedule Requirements. Baseline (As-Planned) Schedule. Specialized Materials Ordering City’s Review of Schedules. Progress Schedules. Float Failure to Submit Schedule Recovery Schedule. Effect of Acceptance. Posting. Reservation of Rights. Authorized Working Days and Times. 5.3 Delay and Extensions of Contract Time. Notice of Delay. Excusable Delay. Weather Delays. Month # Normal Weather Precipitation Delay Days Non-Excusable Delay. Compensable Delay. Recoverable Costs. Request for Extension of Contract Time or Recoverable Costs. Required Contents. DelayDaysandCosts. Supporting Documentation. Burden of Proof. Legal Compliance. No Waiver. Dispute Resolution. 5.4 Liquidated Damages. Liquidated Damages. Milestones. Setoff. Occupancy or Use. Other Remedies. Article 6 - Contract Modification 6.1 Contract Modification. City-Directed Changes. Disputes. Extra Work. Minor Changes and RFIs. Remedy for Non-Compliance. 6.2 Contractor Change Order Requests. Time for Submission. Required Contents. Required Documentation. Required Form. Certification. 6.3 Adjustments to Contract Price. Unit Pricing. Lump Sum. Time and Materials. 6.4 Unilateral Change Order. 6.5 Non-Compliance Deemed Waiver. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. Permits, Fees, and City Business License. Taxes. 7.2 Temporary Facilities. Utilities. Removal and Repair. 7.3 Noninterference and Site Management. Offsite Acquisition. Offsite Staging Area and Field Office. Traffic Management. 7.4 Signs. 7.5 Project Site and Nearby Property Protections General. Securing Project Site. Unforeseen Conditions. Support; Adjacent Properties. Notification of Property Damage. 7.6 Materials and Equipment. General. City-Provided. Intellectual Property Rights. 7.7 Substitutions. “Or Equal.” Request for Substitution. Substantiation. Burden of Proving Equality. Approval or Rejection. Contractor’s Obligations. 7.8 Testing and Inspection. General. Scheduling and Notification. Responsibility for Costs. Contractor’s Obligations. Distant Locations. Final Inspection. 7.9 Project Site Conditions and Maintenance. Air Emissions Control. Dust and Debris. Clean up. Disposal. Completion. Non-Compliance. 7.10 Instructions and Manuals. Submittal Requirements. Training. 7.11 As-built Drawings. Duty to Update. Final Completion. 7.12 Existing Utilities. General. Unidentified Utilities. 7.13 Notice of Excavation. 7.14 Trenching and Excavations of Four Feet or More. Duty to Notify. City Investigation. Disputes. 7.15 Trenching of Five Feet or More. 7.16 New Utility Connections. 7.17 Lines and Grades. 7.18 Historic or Archeological Items Contractor’s Obligations. Discovery; Cessation of Work. 7.19 Environmental Control. Stormwater Permit. Contractor’s Obligations. 7.20 Noise Control. 7.21 Mined Materials. Article 8 - Payment 8.1 Schedule of Values. Measurements for Unit Price Work. Deleted or Reduced Work. 8.2 Progress Payments. Application for Payment. Payment of Undisputed Amounts. 8.3 Adjustment of Payment Application. 8.4 Early Occupancy. 8.5 Retention. Substitution of Securities. Release of Undisputed Retention. 8.6 Payment to Subcontractors and Suppliers. Withholding for Stop Notice. Joint Checks. 8.7 Final Payment. 8.8 Release of Claims. 8.9 Warranty of Title. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. 9.2 Labor Code Requirements. Eight Hour Day. Penalty. Apprentices. Notices. 9.3 Prevailing Wages. Penalties. Federal Requirements. 9.4 Payroll Records. Contractor and Subcontractor Obligations Certified Record. Enforcement. 9.5 Labor Compliance. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. Reporting Requirements. Legal Compliance. Contractor’s Obligations. Remedies. 10.2 Hazardous Materials. 10.3 Material Safety. Contractor Obligations. Labeling. 10.4 Hazardous Condition. 10.5 Emergencies. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. Final Inspection and Punch List. Requirements for Final Completion. Acceptance. Final Payment and Release of Retention. 11.2 Warranty. General. Warranty Period. Warranty Documents. Subcontractors. Contractor’s Obligations. City’s Remedies. Emergency Repairs. Reimbursement. 11.3 Use Prior to Final Completion. Non-Waiver. City’s Responsibility. 11.4 Substantial Completion. Article 12 - Dispute Resolution 12.1 Claims. Definition. Limitations. Scope of Article. No Work Delay. Informal Resolution. 12.2 Claims Submission. Substantiation. Claim Format and Content. Submission Deadlines. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3 City’s Response. Additional Information. Non-Waiver. 12.4 Meet and Confer. Schedule Meet and Confer. Location for Meet and Confer. Written Statement After Meet and Confer. Submission to Mediation. 12.5 Mediation and Government Code Claims. Mediation. Government Code Claims. 12.6 Tort Claims. 12.7 Arbitration. 12.8 Burden of Proof and Limitations. 12.9 Legal Proceedings. 12.10 Other Disputes. Article 13 - Suspension and Termination 13.1 Suspension for Cause. Notice of Suspension. Resumption of Work. Failure to Comply. No Duty to Suspend. 13.2 Suspension for Convenience. 13.3 Termination for Default. Default. Notice of Default and Opportunity to Cure. Termination. Waiver. Compensation. Wrongful Termination. 13.4 Termination for Convenience. Compensation to Contractor. Completed Work. Demobilization. Termination Markup. Disputes. 13.5 Actions Upon Termination for Default or Convenience. General. Submittals. Close Out Requirements. Payment Upon Termination. Continuing Obligations. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. 14.2 Provisions Deemed Inserted. 14.3 Waiver. 14.4 Titles, Headings, and Groupings. 14.5 Statutory and Regulatory References. 14.6 Survival. Special Conditions 1 Authorized Work Days and Hours. 1.1 Authorized Work Days. 1.2 Authorized Work Hours. 2 Pre-Construction Conference. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 3. Construction Manager Role and Authority. 3.1 Communications. 4Leaf, Inc. Attn: Gene Barry 2126 Rheem Drive Pleasanton, CA 94588 (925) 462-5959 GBarry@4leafinc.com 3.2 On-Site Management and Communication Procedures. 3.3 Contract Administration Procedures. 3.4 Pre-Construction Conference. 3.5 Contractor’s Construction Schedule. 4. Lane Closure – 5. Road/Signal Shutdown 6. Federally Funded Projects. 6.1 Equal Opportunity. Provided, 6.2 Davis-Bacon Act. 6.3 Copeland “Anti-Kickback” Act. 6.4 Contract Work Hours and Safety Standards Act. 6.5 Rights to Inventions. 6.6 Clean Air Act. 6.7 Federal Water Pollution Control Act. 6.8 Suspension and Debarment. 6.9 Byrd Anti-Lobbying Amendment. 6.10 Procurement of Recovered Materials 6.11 Prohibition on Covered Telecommunications. 6.12 Domestic Preferences for Procurements. 7. Close Out Requirements. 7.1 7.2 7.3 7.4 8. Lines and Grades Verification 9. Temporary Fiber Optic Cable Repair 10. Covid-19 11. Notification of Residents, Schools and Businesses – five working days two working days 24 hour per day two working days SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS [MONTH] [DAY], [YEAR] [NAME OF PROJECT] – [One Week OR Two Day] Notice [CONTRACTOR NAME][SCOPE OF WORK][STREET NAME] [ADJACENT CROSS STREET][ADJACENT CROSS STREET] [SCOPE OF WORK][WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”][START TIME][END TIME] APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. [CONTRACTOR NAME] TWO WORKING DAYS [CONTRACTOR NAME] [CONTRACTOR NAME] [NAME OF PROJECT MANAGER, CONTRACTOR) (XXX) XXX XXXX (24-hour number) City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX XXXX (24-hour number) (408)777-3354 [NAME OF PROJECT MANAGER, CONTRACTOR] [NAME OF CONSTRUCTION FIRM] Technical Specifications TABLE OF CONTENTS SECTION 01300 MOBILIZATION PART 1 GENERAL 1.1 WORK INCLUDED A. B. C. D. E. F. G. H. I. 1.2 REFERENCES A. B. PART 2 – PRODUCTS NONE PART 3 – EXECUTION 3.1 MOBILIZATION A. B. C. D. E. PART 4 – MEASUREMENT AND PAYMENT Lump Sum MOBILIZATION MOBILIZATION END OF SECTION 01300 SECTION 01360 CONSTRUCTION SURVEYING PART 1 - GENERAL 1.1 CONTROL SURVEY A. 1.2 CONSTRUCTION STAKING A. 1.3 CAD FILE REVIEW PRIOR TO STAKING A. 1.4 TOPO SHOTS ON CURB FORMS SUBMITTED PRIOR TO POURING CONCRETE A. 1.5 MONUMENT PROTECTION A. B. C. D. E. F. PART 2 – MEASUREMENT AND PAYMENT Lump Sum CONSTRUCTION SURVEYING END OF SECTION 01360 SECTION 01550 TRAFFIC REGULATIONS PART 1 - GENERAL 1.1 OBJECTIVES A. B. C. D. E. F. G. 1.2 DESCRIPTION OF WORK A. 1.3 REFERENCES A. B. 1.4 SUBMITTALS A. PART 2 – PRODUCTS 2.1 CONSTRUCTION AREA SIGNS A. B. C. 2.2 OTHER TRAFFIC CONTROL DEVICES A. B. C. 2.3 TEMPORARY PAINTED STRIPING AND PAVEMENT MARKERS A. B. PART 3 - EXECUTION 3.1 DIVERTING PEDESTRIAN & BICYCLE TRAFFIC A. B. 3.2 DIVERTING VEHICULAR TRAFFIC A. 3.3 TRAFFIC CONTROL DEVICES A. B. C. D. 3.4 FLAGGERS A. B. C. D. 3.5 NOTICE TO AGENCIES A. B. 3.6 EMERGENCY VEHICLE ACCESS THROUGH DETOURS A. B. C. D. 3.7 ACCESS TO PRIVATE PROPERTY A. B. C. 3.8 DETOURS DURING NON-WORKING HOURS A. B. 3.9 PARKING RESTRICTIONS A."NO PARKING – CONSTRUCTION TOW- AWAY ZONE" B. 1."NO PARKING - CONSTRUCTION TOW-AWAYZONE". 3.10 BRIDGING OVER TRENCHES AND EXCAVATIONS A. B. 3.11 TEMPORARY TRAFFIC LANES A. B. 3.12 STAGING AREAS A. PART 4 – MEASUREMENT AND PAYMENT Lump Sum TRAFFIC CONTROL Lump Sum TRAFFIC CONTROL Lump Sum TRAFFIC CONTROL Lump Sum TRAFFIC CONTROL END OF SECTION 01550 SECTION16500 SIGNALS, LIGHTING ANDELECTRICAL SYSTEMS PART I - GENERAL 1.1 WORK INCLUDED A. B. C. D. E. F. G. H. I. J. K. L. M. 1.2 APPLICABLE PUBLICATIONS A. 1.3 SUBMITTALS A. B. 1.4 QUALITY ASSURANCE A. B. C. D. E. F. G. H. I. 1.5 JOB CONDITIONS A. B. C. D. E. F. 1.6 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS A. B. C. D. E. F. PART 2 - PRODUCTS 2.1 CITY FURNISHED ITEMS A. B. C. 2.2 CONTRACTOR FURNISHED ITEMS A. 2.3 EQUIPMENT LIST AND DRAWINGS A. B. 2.4 TRAFFIC SIGNAL POLES AND MAST ARMS A. B. C. D. E. 2.5 PULL BOXES A. B. C. D. 2.6 CONDUIT A. B. C. 2.7 CONDUCTORS A. B. C. D. 2.8 TRAFFIC SIGNAL VEHICULAR HEADS A. B. C. D. E. F. G. H. I. J. 2.9 PEDESTRIAN SIGNALS AND PUSH BUTTONS A. B. C. D. E. F. 2.10 MAST ARM MOUNTED STREET NAME SIGNS A. 2.11 TRAFFIC SIGNAL SAFETY LIGHTING A. B. C. D. E. F. G. H. 2.12 RED LIGHT ENFORCEMENT UNITS A. B. PART 3 - EXECUTION 3.1 REMOVAL OF EQUIPMENT A. 3.2 EXISTING TRAFFIC SIGNAL POLES AND EQUIPMENT A. 3.3 DAMAGE EXISTING FACILITIES A. B. 3.4 UNDERGROUND UTILITIES A. B. C. D. E. 3.5 ELECTRICAL SERVICE A. 3.6 TRAFFIC SIGNAL POLE FOUNDATIONS A. 3.7 TRAFFIC SIGNAL POLES AND MAST ARMS A. B. C. D. E. F. G. H. I. 3.8 PAINT TRAFFIC SIGNAL HARDWARE A. B. 3.9 TRAFFIC SIGNAL SAFETY LIGHTING A. B. 3.10 TRAFFIC SIGNAL VEHICULAR HEADS A. B. 3.11 PEDESTRIAN SIGNALS AND PUSH BUTTONS A. 3.12 PULL BOXES A. B. C. D. E. 3.13 CONDUIT A. B. C. D. E. F. G. H. I. J. K. L. M. 3.14 CONDUCTORS A. B. C. D. E. F. G. 3.15 VEHICLE DETECTION - INDUCTIVE LOOP DETECTORS A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. 3.16 VIDEO DETECTION – 360-DEGREE VIDEO DETECTION SYSTEM A. 3.17 MAST ARM MOUNTED SIGNS A. 3.18 CABINET AND CONTROLLER ASSEMBLY A. B. 3.19 TEST PROCEDURES (PRIOR TO PLACING INTERSECTION IN NORMAL OPERATION) A. 3.20 TRENCHING, BACKFILL AND SHORING A. B. 3.21 CONDUIT JACKING A. B. C. D. 3.22 BONDING AND GROUNDING A. B. C. 3.23 REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT A. 3.24 RESTORATION OF EXISTING IMPROVEMENTS A. B. C. 3.25 ACCEPTANCE TEST AND TURN ON A. B. C. D. E. F. PART 4 – MEASUREMENT AND PAYMENT Lump Sum TRAFFIC SIGNAL MODIFICATION END OF SECTION 16500 SECTION 17000 SUBMITTALS PART I - GENERAL 1.1 REQUIREMENTS A. B. 1.2 CONTRACTOR SUBMITTALS A. B. END OF SECTION 17000 SECTION02100 CLEARING,GRUBBING, STRIPPING AND DEMOLITION PART 1 - GENERAL 1.1 WORK INCLUDED A. B. C. D. E. F. G. H. I. J. K. 1.2 JOB CONDITIONS A. B. 1.3 QUALIFICATIONS A. B. C. 1.4 APPLICABLE PUBLICATIONS A. B. C. PART 2 - PRODUCTS NONE PART 3 - EXECUTION 3.1 PERFORMANCE A. B. C. 3.2 TREE PRUNING A. B. C. 3.3 ROOT PRUNING A. B. C. D. E. F. 3.4 TREE PROTECTION A. B. C. D. 3.5 DEMOLITION A. B. Concrete Removal 3.6 DUST ALLEVIATION AND CONTROL A. B. 3.7 CLEANUP A. B. C. D. PART 4 – MEASUREMENT AND PAYMENT END OF SECTION 02100 SECTION 02133 STORMWATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 WORK INCLUDED A. B. C. D. E. 1.2 APPLICABLE PUBLICATIONS A. B. C. D. 1.3 QUALITY ASSURANCE A. B. C. D. 1.4 ALLOWABLE DISCHARGES A. B. PART 2 - PRODUCTS NONE PART 3 – EXECUTION 3.1 RECYCLING A. B. C. D. E. 3.2 HAZARDOUS MATERIAL/WASTE MANAGEMENT/MATERIALS MANAGEMENT A. B. C. D.- E. F. G. H. I. . 3.3 CHEMICAL USAGE A. B. 3.4 DUST CONTROL A. B. 3.5 SAWCUTTING A. B. C. 3.6 DEWATERING OPERATIONS A. B. C. 3.7 CONCRETE GROUT AND MORTAR WASTE MANAGEMENT A. B. C. 3.8 PAVING OPERATIONS A. B. C. 3.9 PAINTING A. B. C. D. . 3.10 SITE CLEANUP A. B. PART 4 – MEASUREMENT AND PAYMENT Lump Sum STORM WATER POLLUTION CONTROL END OF SECTION 02133 Exhibit 12-G EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1.DISADVANTAGED BUSINESS ENTERPRISES (DBE)................................................................................2 A.NONDISCRIMINATION STATEMENT..............................................................................................2 B.CONTRACT ASSURANCE...............................................................................................................3 C.PROMPT PROGRESS PAYMENT ...................................................................................................3 D.PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ......................................3 E.TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS..........................................4 F.COMMITMENT AND UTILIZATION .................................................................................................5 G.DBE RUNNING TALLY OF ATTAINMENTS ...................................................................................6 2.BID OPENING ................................................................................................................................................6 3.BID RIGGING .................................................................................................................................................6 4.CONTRACT AWARD.....................................................................................................................................6 5.CONTRACTOR LICENSE..............................................................................................................................6 6.CHANGED CONDITIONS..............................................................................................................................6 A.DIFFERING SITE CONDITIONS.......................................................................................................6 B.SUSPENSIONS OF WORK ORDERED BY THE ENGINEER .........................................................6 C.SIGNIFICANT CHANGES IN THE CHARACTER OF WORK..........................................................7 7.BEGINNING OF WORK, TIMEOF COMPLETION AND LIQUIDATED DAMAGES......................................7 8.BUY AMERICA...............................................................................................................................................7 9.QUALITY ASSURANCE.................................................................................................................................8 10.PROMPT PAYMENT FROM THE AGENCY TO THECONTRACTORS........................................................8 11.FORM FHWA-1273 REQUIRED CONTRACT PROVISIONSFEDERAL-AID CONTRACTS.......................8 12.FEMALE ANDMINORITY GOALS ..............................................................................................................22 13.TITLE VI ASSURANCES..............................................................................................................................23 14.USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT).............................................27 15.FEDERAL TRAINEE PROGRAM.................................................................................................................27 16.PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES …………………………………………………………………………………………………………..29 Exhibit 12-G 1.DISADVANTAGED BUSINESS ENTERPRISES (DBE) A.Nondiscrimination Statement Exhibit 12-G B.Contract Assurance C.Prompt Progress Payment seven days D.Prompt Payment of Withheld Funds to Subcontractors Exhibit 12-G Method 3 E.Termination and Substitution of DBE Subcontractors Exhibit 12-G F.Commitment and Utilization 2.BID OPENING Exhibit 12-G G.DBE RUNNING TALLY OF ATTAINMENTS 3.BID RIGGING 4.CONTRACT AWARD 5.CONTRACTOR LICENSE 6.CHANGED CONDITIONS A.Differing Site Conditions B.Suspensions of Work Ordered by the Engineer 8.BUY AMERICA Exhibit 12-G C.Significant Changes in the Character of Work 7.BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: Exhibit 12-G 9.QUALITY ASSURANCE 10.PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS 2. 11.FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AIDCONTRACTS Exhibit 12-G Exhibit 12-G REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language I. GENERAL II. NONDISCRIMINATION 1. Equal Employment Opportunity: Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2. EEO Officer: 3. Dissemination of Policy: 4. Recruitment: 5. Personnel Actions: 6. Training and Promotion: Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 7. Unions: 8. Reasonable Accommodation for Applicants / Employees with Disabilities: 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: 10. Assurance Required by 49 CFR 26.13(b): 11. Records and Reports: III. NONSEGREGATED FACILITIES Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language IV. DAVIS-BACON AND RELATED ACT PROVISIONS 1. Minimum wages Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2. Withholding 3. Payrolls and basic records Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 4. Apprentices and trainees 5. Compliance with Copeland Act requirements. 6. Subcontracts. 7. Contract termination: debarment. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 8. Compliance with Davis-Bacon and Related Act requirements. 9. Disputes concerning labor standards. 10. Certification of eligibility. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 1. Overtime requirements. 2. Violation; liability for unpaid wages; liquidated damages 3. Withholding for unpaid wages and liquidated damages. 4. Subcontracts. VI. SUBLETTING OR ASSIGNING THE CONTRACT Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS VII. SAFETY: ACCIDENT PREVENTION IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification – First Tier Participants: 2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion – First Tier Participants: Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Instructions for Certification - Lower Tier Participants: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 12.FEMALE AND MINORITY GOALS MINORITY UTILIZATION GOALS Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 13.TITLE VI ASSURANCES APPENDIX A Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY NOW THEREFORE (HABENDUM CLAUSE) TO HAVE AND TO HOLD Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM APPENDIX E Pertinent Non-Discrimination Authorities Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 14.USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) 15.FEDERAL TRAINEE PROGRAM Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 16.PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal-aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1.DISADVANTAGED BUSINESS ENTERPRISES (DBE)................................................................................2 A.NONDISCRIMINATION STATEMENT..............................................................................................2 B.CONTRACT ASSURANCE...............................................................................................................3 C.PROMPT PROGRESS PAYMENT ...................................................................................................3 D.PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ......................................3 E.TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS..........................................4 F.COMMITMENT AND UTILIZATION .................................................................................................5 G.DBE RUNNING TALLY OF ATTAINMENTS ...................................................................................6 2.BID OPENING ................................................................................................................................................6 3.BID RIGGING .................................................................................................................................................6 4.CONTRACT AWARD.....................................................................................................................................6 5.CONTRACTOR LICENSE..............................................................................................................................6 6.CHANGED CONDITIONS..............................................................................................................................6 A.DIFFERING SITE CONDITIONS.......................................................................................................6 B.SUSPENSIONS OF WORK ORDERED BY THE ENGINEER .........................................................6 C.SIGNIFICANT CHANGES IN THE CHARACTER OF WORK..........................................................7 7.BEGINNING OF WORK, TIMEOF COMPLETION AND LIQUIDATED DAMAGES......................................7 8.BUY AMERICA...............................................................................................................................................7 9.QUALITY ASSURANCE.................................................................................................................................8 10.PROMPT PAYMENT FROM THE AGENCY TO THECONTRACTORS........................................................8 11.FORM FHWA-1273 REQUIRED CONTRACT PROVISIONSFEDERAL-AID CONTRACTS.......................8 12.FEMALE ANDMINORITY GOALS ..............................................................................................................22 13.TITLE VI ASSURANCES..............................................................................................................................23 14.USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT).............................................27 15.FEDERAL TRAINEE PROGRAM.................................................................................................................27 16.PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES …………………………………………………………………………………………………………..29 Page of 1 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 1.DISADVANTAGED BUSINESS ENTERPRISES (DBE) The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is the prime contractor’s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:https://dot.ca.gov/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner: 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows: The DBE must be responsible for the management and supervision of the entiretruckingoperation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. The DBE may lease trucks without drivers from a non-DBE truck leasing company.IftheDBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. A.Nondiscrimination Statement The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color,sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Page of 2 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language B.Contract Assurance Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. C.Prompt Progress Payment The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors. D.Prompt Payment of Withheld Funds to Subcontractors The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two. Page of 3 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section10262oftheCalifornia Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. E.Termination and Substitution of DBE Subcontractors The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications: 1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2.The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements. 3.Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5.Listed DBE's work is unsatisfactory and not in compliance with the contract. 6.Listed DBE is ineligible to work on the project because of suspension or debarment. 7.Listed DBE becomes bankrupt or insolvent. 8.Listed DBE voluntarily withdraws with written notice from the Contract 9.Listed DBE is ineligible to receive credit for the type of work required. 10.Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11.The Agency determines other documented good cause. The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur. The prime contractor’s request to use other forces or material sources must include: Page of 4 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 1.One or more of the reasons listed in the preceding paragraph. 2.Notices from the prime contractor to the DBE regarding the request. 3.Notices from the DBEs to the prime contractor regarding the request. If the Agency authorizes the termination or substitution of a listed DBE,the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal,and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7-day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal. F.Commitment and Utilization Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments. The Agency’s DBE program must include a monitoring and enforcement mechanismtoensurethatDBE commitments reconcile to DBE utilization. The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid. The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported.The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement. If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive. The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution. The Agency shall request the prime contractor to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: Name and business address of each 1 st-tier subcontractor Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work. Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form. If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the Page of 5 of 29 January 2022 2.BID OPENING Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contractacceptance. Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. G.DBE RUNNING TALLY OF ATTAINMENTS After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10 th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to the Agency. The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 3.BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4.CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5.CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). 6.CHANGED CONDITIONS A.Differing Site Conditions 1.During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2.Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. 3.No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. 4.No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) B.Suspensions of Work Ordered by the Engineer 1.If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Page of 6 of 29 January 2022 8.BUY AMERICA Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2.Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier,and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 3.No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4.No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. C.Significant Changes in the Character of Work 1.The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2.If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance ofthework.Ifabasis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable. 3.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4.The term “significant change” shall be construed to apply only to the followingcircumstances: When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or When a major item of work, as defined elsewhere in the contract, is increasedinexcess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7.BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance oftheNoticetoProceed. This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice toProceed. The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribedabove. Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: Page of 7 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 1.Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2.If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bidor $2,500, materials produced outside the U.S. may be used. Production includes: 1.Processing steel and iron materials,including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2.Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 9.QUALITY ASSURANCE The Local Agency uses a Quality Assurance Program (QAP) to ensure a materialisproducedtocomplywith the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP. 10.PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following: 1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request. 2.Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. 11.FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AIDCONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) Page of 8 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language [The following 12 pages must be physically inserted into the contract without modification.] Page of 9 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page of 10 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language I. General II. Nondiscrimination III. No segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Government wide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency andFHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minorcollectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity:Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy thefollowing statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." FHWA-1273 -- Revised May 1, 2012 Page of 11 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2. EEO Officer:The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will bereviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in thecontractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policywill be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment:When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscriminationprovisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions:Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a.The contractor will conduct periodic inspections of project sitesto 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 wagespaid 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 ofdiscrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d.The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training andpromotion potential of employees who are minorities and women andwill encourage eligible employees to apply for such training and promotion. Page of 12 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 7. Unions:If the contractor relies in whole or in part upon unionsas a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher payingemployment. b. The contractor will use good faith efforts to incorporate anEEO 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 ordisability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities:The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment:The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under thiscontract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. FHWA-1273 -- Revised May 1, 2012 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’sU.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employmentopportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and 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. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. Page of 13 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: FHWA-1273 -- Revised May 1, 2012 (i) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringebenefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page of 14 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012 current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into thecontract. (3) The weekly submission of a properly executed certification set forthonthereversesideofOptionalFormWH–347shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Page of 15 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. FHWA-1273 -- Revised May 1, 2012 The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts.The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractoras provided in 29 CFR 5.12. Page of 16 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a.By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR5.12(a)(1). c.The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages.In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or aterritory,tosuchDistrictorto such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. FHWA-1273 -- Revised May 1, 2012 3. Withholding for unpaid wages and liquidated damages.The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting allrelevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept orexclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Page of 17 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2.The contract amount upon which the requirements set forth in VIII. FALSE STATEMENTS CONCERNING HIGHWAY paragraph (1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchasedor produced by the contractor under the contract provisions.This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 3.The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority todirect performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4.No portion of the contract shall be sublet, assigned orotherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5.The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performancerequirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1.In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of thepublic and to protect property in connection with the performance of the work covered by the contract. 2.It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspector investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly aspossible. Willful falsification, distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness ofthese and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or moreplaces where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. Page of 18 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273 -- Revised May 1, 2012 X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set outbelow. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in thistransaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediatewritten notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into thiscovered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i.Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render ingood faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j.Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person whois suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause ordefault. *** 2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best ofits knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federaldepartment or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered againstthem for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more publictransactions (Federal, State or local) terminated for cause ordefault. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page of 19 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2.Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a.By signing and submitting this proposal, the prospective lowertier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changedcircumstances. d.The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. FHWA-1273 -- Revised May 1, 2012 h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing andsubmitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page of 20 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the languageof this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly. Page of 21 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 12.FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal (Percent) 174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA 28.9 CA Monterey 7360 San Francisco-Oakland CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 25.6 176 7400 San Jose, CA CA Santa Clara, CA 7485 Santa Cruz, CA CA Santa Cruz 19.6 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo-Fairfield-Napa, CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter;CA Yuba 16.1 14.3 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA CA San Joaquin 24.3 Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 19.8 Fresno-Bakersfield, CA SMSA Counties: 179 0680 Bakersfield, CA CA Kern 2840 Fresno, CA 19.1 26.1 Page of 22 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare 23.6 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA 11.9 CA Orange 4480 Los Angeles-Long Beach, CA 28.3 180 CA Los Angeles 6000 Oxnard-Simi Valley-Ventura, CA CA Ventura 6780 Riverside-San Bernardino-Ontario, CA 21.5 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo 24.6 San Diego, CA: SMSA Counties 181 7320 San Diego, CA CA San Diego 16.9 Non-SMSA Counties CA Imperial 18.2 For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13.TITLE VI ASSURANCES The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient. APPENDIX A During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, Page 23 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limitedto: i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person Page 24 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Page 25 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Page 26 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 14.USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees- 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2.To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3.To insert the substance of the provisions of this clause in all subcontractsissuedpursuanttothis contract. Federal Trainee Program Special Provisions (tobeusedwhenapplicable) 15.FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees orapprentices is . This section applies if a number of trainees or apprentices is specified in the special provisions. As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. The prime contractor has primary responsibility for meeting this training requirement. If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, the prime contractor shall submit to the City/Countyof : Page 27 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training. The prime contractor shall not employ as an apprentice or trainee an employee: 1.In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2.Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training The prime contractor shall ask the employee if the employee has successfullycompletedatrainingcourse leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions. In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met: 1.It is calculated to: Meet the your equal employment opportunity responsibilities Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2.It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program. The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following: a. Contribute to the cost of the training b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period 3. If the prime contractor complies with this section. Page 28 of 29 January 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Each apprentice or trainee must: 1.Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2.Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training. 16.PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: Procure or obtain; Extend or renew a contract to procure or obtain; or Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors (and their subsidiaries or affiliates) are: Huawei Technologies Company; ZTE Corporation; Hytera Communications Corporation; Hangzhou Hikvision Digital Technology Company; Dahua Technology Company; and Subsidiaries or affiliates of the above-mentioned companies. In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. Page 29 of 29 January 2022