AGR-7466 - CALIFORNIA PROFESSIONAL ENGINEERING INC8) The Federal Prevailing Wages Rates for the Work Depicted in Attachment
No. 5 attached hereto and incorporated herein by this reference; and
9) Contractor's Bid Proposal, which is on file with City's Department of
Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereof. The Orange Book,Green Book and City of Orange Standard Special
Provisions and Standard Plans are on file with City's Public Works Director and are hereby
specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges
that it has read,reviewed and understands the Plans,the Orange Book,the Green Book,the Special
Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of
which documents shall be referred to herein collectively as the"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among:other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self-hauled construction and demolition waste. The terms and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary..
d. The Work shall be performed in conformity with the Plans and Specifications and
the Bid Proposal and all applicable laws, including any and all applicable federal and state labor
laws and standards and applicable prevailing wage requirements and any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment.
e. Unless and until otherwise notified in writing by City's Public Works Director,
City's Traffic Engineer, Larry Tay ("Authorized City Representative"), shall be the person to
whom Contractor will report for the performance of the Work hereunder. It is understood that
Contractor's performance hereunder shall be under the direction and supervision of the Authorized
City Representative or such other person as City's Public Works Director may designate from
time to time, that Contractor shall coordinate the Work hereunder with the Authorized City
Representative to the extent required by the Authorized City Representative, and that all
performances required hereunder by Contractor shall be performed to the satisfaction of the
Authorized City Representative or City's Public Works Director.
f.It is expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and Contractor's Bid Proposal, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
g. Contractor agrees that it has an obligation to reset all permanent survey markers as
stated in the Orange Book, Part 4, Section 400-2, "Permanent Survey Markers," and obtain the
approval for pre- and post-construction centerline tie sheets and Corner Records from the County
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of Orange and deliver said approved documents to City as soon as they are received. This
obligation extends to any of its subcontractors that have performed work in this regard. This
subsection survives completion of the Work, the Notice of Completion, and final payment and
shall be an enforceable obligation until fulfilled.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen(15)days
of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of
the Work within sixty (60) calendar days from such date, unless legal extension is granted in
accordance with the terms set forth in the Green Book. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed FOUR
HUNDRED NINETY-SEVEN THOUSAND SIX HUNDRED EIGHTEEN DOLLARS and
00/100 ($497,618.00)unless said amount is amended by Contract Change Order approved by the
City, as compensation for furnishing all materials and doing all the Work contemplated and
embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the
nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the Work until its acceptance by City,
other than as provided below; (3) all risks of every description connected with the Work; (4) all
expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5)
well and faithfully completing the Work, and for the whole thereof, in the manner and according
to the Plans and Specifications, and requirements of the Authorized City Representative under
them. Retention amounts shall be withheld from progress payments as required by law unless
Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties
recognize that additional, unforeseen work and services may be required by the Authorized City
Representative. In anticipation of such contingencies, the sum of FORTY-NINE THOUSAND
SEVEN HUNDRED SIXTY-ONE DOLLARS and 80/100 049,761.80) has been added to the
total compensation of this Contract. The Authorized City Representative may approve the
additional work and the actual costs incurred by the Contractor in performance of additional work
or services in accordance with such amount as the Authorized City Representative and the
Contractor may agree upon in advance. Said additional work or services and the amount of
compensation therefor, up to the amount of the authorized contingency, shall be memorialized in
the form of a Contract Amendment approved by the City Manager on a form acceptable to the City
Attorney. The Contractor agrees to perform only that work or those services that are.specifically
requested by the Authorized City Representative. Any and all additional'work and services
performed under this Contract shall be completed in such sequence as to assure their completion
as expeditiously as is consistent with professional skill and care in accordance with a cost estimate
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or proposal submitted to and approved by the Authorized City Representative prior to the
commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall
not exceed FIVE HUNDRED FORTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-
NINE DOLLARS and 80/100($547,379.80).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which are required under state or federal law to perform the Work contemplated by this
Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including
a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the
Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove
defective or should the Work as a whole prove defective, due to faulty equipment, workmanship,
materials furnished or methods of installations, or should said Work or any part thereof fail to
function properly, as designed, due to any of the above causes within twelve(12)months after the
date on which said Work is accepted by City, Contractor shall make repairs and furnish such
materials and equipment as are necessary to be furnished and installed within fifteen(15)calendar
days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as originally intended either by the Plans and Specifications of this
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen(15)calendar days after Contractor's
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City,upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
City,Contractor shall reimburse City,upon demand,for all expenses incurred. Emergency repairs
will be deemed as those repairs determined by City's Director of Public Works to be necessary
due to an immediate detriment to the health, safety, welfare or convenience of the residents of
City.
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ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
Permit"), which governs storm water and non-storm water discharges resulting from municipal
activities performed by City or its contractors. In order to comply with the Permit requirements,
the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing
Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and
source control techniques to minimize the impact of those activities upon dry-weather urban
runoff, storm water runoff, and receiving water quality. Examples include: wash water from
cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped
areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the
office of City's Director of Public Works. Contractor hereby acknowledges that it has read,
reviewed and understands the Permit,the DAMP and the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered pursuant to this Contract. City shall not have the
right to control the means by which Contractor accomplishes services rendered pursuant to this
Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and
equipment which may be required for furnishing services pursuant to this Contract. Contractor
shall be solely responsible for,and shall indemnify,defend and save City harmless from all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security,withholding and all other wages,salaries,benefits,taxes,exactions,and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement System benefits, or health, life, dental, long-term disability or workers'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have
no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a "public work," as that term is
defined in Section 1720 of the.California Labor Code, for which prevailing wages must be paid.
5
To the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Department
of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this
Contract, Contractor must meet all State registration requirements and criteria, including project
compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a
copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and
1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of the Labor Code and shall prosecute and complete the Work
under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and
as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this contract."
d. Contractor shall indemnify,protect,defend and hold harmless.City and its officers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attorney's fees, court and litigation costs, and fees of expert witnesses)which result or
arise in any way from the noncompliance by Contractor of any applicable local,state and/or federal
law, including, without limitation, any applicable federal and/or state labor laws (including,
without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that,
in connection with the construction of the Work which is the subject of this Contract, Contractor
shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as
used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted, adopted or amended from time to time. The foregoing indemnity shall
survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex,national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
6
sex, national origin,mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor shall post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by,or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any Work covered by this Contract,provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers,partners,or employees have a financial interest as
defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be
eligible to work as the builder for any project for which the design work is part of this Contract.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses
including reasonable attorneys'fees and court costs)which City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury, loss or
damage whatsoever caused to any person or the property of any person which shall occur on or
adjacent to the real property which is the subject of this Contract, or in connection with
performance of this Contract which may be directly or indirectly caused by the acts or omissions
of Contractor or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or
substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any
willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents,
and employees. The foregoing indemnity shall survive termination of this Contract.
b. Any and all claims under workers' compensation acts and other employee benefit
acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out
7
of Contractor's Work under this Contract, including any and all claims under any law pertaining
to Contractor's status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the Work hereunder and the results of that Work by Contractor,its agents,
representatives, employees or subcontractors.
b. Contractor shall maintain the following minimum amount of insurance: the greater
of either the limits set forth in(1)through(4),below;or all of the insurance coverage and/or limits
carried by or available to Contractor.
1) General Liability 2,000,000 per occurrence for bodily injury,personal
injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
2) Automobile Liability 1,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of California.
4) Employer's Liability 1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Contract are
sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either:,the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to City, its officers, officials, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or
be endorsed to contain, the following provisions:
8
1) City, its officers, officials, agents, and employees are declared to be additional
insureds under the terms of the policy,with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability
arising out of Work or operations performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such Work or operations. A policy endorsement
to that effect shall be provided to City along with the certificate of insurance. In lieu of an
endorsement, City will accept a copy of the policy(ies)which evidences that City is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall
apply to City as an additional insured.
2) For any claims related to this Contract, Contractor's insurance coverage shall be
primary insurance with respect to City,its officers,officials,agents and employees. Any insurance
or self-insurance maintained by City, its officers, officials, agents and employees shall be excess
of Contractor's insurance and shall not contribute with it.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
f.Contractor shall furnish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements shall be on forms
acceptable to City. All certificates and endorsements are to be received and approved by City
before the Work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete,certified copies of all required
insurance policies,including endorsements effecting the coverage required by these specifications
at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by City. In
such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i.Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor
shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j.Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
9
ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate
this Contract for any reason by giving five (5) days' written notice of intent to terminate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City terminate this Contract, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract,unless such termination shall be for cause,in which event City may
withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its
subcontractors shall maintain reasonably full and complete books, documents,papers, accounting
records and other information (collectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the term of this Contract and for a
period of three (3)years after termination or completion of this Contract, City shall have the right
to inspect and/or audit Contractor's records pertaining to the performance of this Contract at
Contractor's office. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days'notice from City,and copies thereof
shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal
laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this Contract comply, in all
respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including,
without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
2) Has not and will not knowingly employ any individual to perform services under
this Contract who is ineligible to work in the United States or under the terms of this Contract; and
3) Has properly maintained, and shall at all times during the term of this Contract
properly maintain, all related employment documentation records including, without limitation,
the completion and maintenance of the Form I-9 for each of Contractor's employees; and
10
4) Has responded, and shall at all times during the term of this Contract respond, in a
timely fashion to any government inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security,the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or subconsultants to make the same
representations and warranties required by this Article 15 when hired to perform services under
this Contract.
d. Contractor shall,upon request of City,provide a list of all employees working under
this Contract and shall provide, to the reasonable satisfaction of City, verification that all such
employees are eligible to work in the United States. All costs associated with such verification
shall be borne by Contractor. Once such request has been made, Contractor may not change
employees working under this Contract without written notice to City, accompanied by the
verification required herein for such employees. Contractor shall require all subcontractors and/or
sub-consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor,or a subcontractor or subconsultant,knowingly employs an employee
providing Work under this Contract who is not authorized to work in the United States, and/or
fails to follow federal laws to determine the status of such employee, such shall constitute a
material breach of this Contract and may be cause for immediate termination of this Contract by
City.
f.Contractor shall indemnify and hold City, its officials and employees harmless for,
of and from any loss, including but not limited to fines, penalties and corrective measures, City
may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in
connection with the performance ofthis Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State
of California and Contractor shall submit to the jurisdiction of California courts. Venue for any
dispute arising under this Contract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement,
oral or written,pertaining to the Work to be performed under this Contract shall be of any force or
effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent
with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. The
City Manager is authorized to execute amendments to this Contract up to the amounts specified in
Chapter 3.08 of the Orange Municipal Code.
11
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in
writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of
deposit in the U.S. Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on
the date of the e-mail transmission.
CONTRACTOR" CITY"
California Professional Engineering, Inca City of Orange
19062 San Jose Avenue 300 E. Chapman Avenue
La Puente, CA 91748 Orange, CA 92866-1591
Attn: Van Nguyen Attn: Gabrielle Hayes
Telephone: (626)810-1338 Telephone: (714) 744-5561
E-Mail: van@cpengineeringinc.com E-Mail: ghayes@cityoforange.org
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the Work provided herein shall be subject to the procedures set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts,each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument. Signatures
transmitted via facsimile and electronic mail shall have the same effect as original signatures.
Remainder of page intentionally left blank; signatures on next page]
12
CITY"
CITY OF ORANGE, a municipal corporation
By: ;#0
i aniel R. Slater
Mayor of the City of Orange
CONTRACT, BONDS AND INSURANCE
APPROVED BY: ATTEST:
A6LUAA
Mary E. Bi ' g Pamela Coleman, City Clerk
Senior Assistant City Attorney
CONTRACTOR"
CALIFORNI PROFESSIONAL
ENGINEE INC., a ali ornia corporation
Note: Signature of Chairman of the By:
Board,President or Vice President is Printed Na e:
required] Title: President
Note: Signature of Secretary,Assistant By:
Secretary, Chief Financial Officer or Printe Name:
Assistant Treasurer is also required] Title:
13
ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application;
fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
public work contract that is subject to the requirements of this chapter. For the purposes of this section,
contractor"includes a subcontractor as defined by Section 1722.1.
a)To qualify for registration under this section, a contractor shall do all of the following:
1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and
pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under
this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee
shall be in a uniform amount set by the Director of Industrial Relations,and the initial registration and renewal
fees may be adjusted no more than annually by the director to support the.costs specified in Section 1771.3.
B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual
increments up to three years from the date of registration. Contractors who wish to do so will be required to
prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which
they wish to preregister.
2)Provide evidence, disclosures, or releases as are necessary to establish all of the following:
A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section
3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is
subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or
certification of self-insurance required under Section 7125 of the Business and Professions Code.
B)If applicable,the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000)of
the Business and Professions Code.
C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or
determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration
award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment,
order, or determination that is under appeal, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law
providing for the debarment of contractors from public works.
E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the
performance of a contract for public works without being lawfully registered in accordance with this section,
within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e),
whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph,the period
of disqualification shall be waived if both of the following are true:
Attachment No.'1
Page 1 of 13
i)The contractor has not previously been found to be in violation of the requirements of this paragraph within
the preceding 12 months.
ii)The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars($2,000).
b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 1771.3 and shall be used only for the purposes specified in that section.
c),A contractor who fails to pay the renewal fee required under paragraph(1)of subdivision(a) on or before
the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the
performance of any contract for public work until once again registered pursuant to this section. If the failure
to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an
additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the
due date of the renewal fee.
d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered
by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of
a determination by the director pursuant to Section 1773.5 or a court decision,the requirements of this section
shall not apply, subject to the following requirements:
1)The body that awarded the contract failed,in the bid specification or in the contract documents,to identify
as a.public work that portion of the work that the determination or decision subsequently classifies as a public
work.
2) Within 20 days following service of notice on the awarding body of a determination by the Director of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subcontractors are registered under this section or are
replaced by a contractor or subcontractors who are registered under this section.
3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal,
contract, or work performed after the awarding body is served with notice of the determination or decision
referred to in paragraph(2).
e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to
any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work
performed under a contract for public work on or after January 1, 2018, regardless of when the contract for
public work was executed.
f) This section does not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars($15,000)or less when the project is for
maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried
out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission;
exceptions; violations; penalties
a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, as defined in this chapter, unless currently registered and qualified,to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
b)Notice of the requirement described in subdivision(a) shall be included in all bid invitations and public
works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of
the contractor or subcontractor's current registration to perform public work pursuant to.Section 1725.5.
c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
1)The subcontractor is registered prior to the bid opening.
2)Within 24 hours after the bid opening,the subcontractor is registered and has paid the penalty registration
fee specified in subparagraph(E) of paragraph(2) of subdivision(a) of Section 1725.5.
3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public
Contract Code.
d)Failure by a subcontractor to be registered to perform public work as required by subdivision(a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor,with the consent of the awarding
authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
e)The department shall maintain on its Internet Web site a list of contractors who are currently registered to
perform public work pursuant to Section 1725.5.
f)A contract entered into with any contractor or subcontractor in violation of subdivision(a)shall be subject
to cancellation,provided that a contract for public work shall not be unlawful,void, or voidable solely due to
the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section
1725.5 or this section.
g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged
in the performance of any public work contract without having been registered in accordance with this section,
the contractor or subcontractor shall forfeit, as a civil penalty to the state,one hundred dollars($100)for each
day of work performed in violation of the registration requirement,not to exceed an aggregate penalty of eight
thousand dollars ($8,000) in addition to, any penalty registration fee assessed pursuant to clause (ii) of
subparagraph(E)of paragraph(2) of subdivision(a) of Section 1725.5.
h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
tiered public works contractor or subcontractor who is found to have 'entered into a subcontract with an
unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section
1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state,of one hundred dollars($100)
Attachment No. 1
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for each day the unregistered lower tier subcontractor performs work in violation of the registration
requirement,not to exceed an aggregate penalty of ten thousand:dollars ($10,000).
2)The Labor Commissioner shall use the same standards specified in subparagraph(A) of paragraph(2) of
subdivision(a)of Section 1775 when determining the severity of the violation and what penalty to assess,and
may waive the penalty for a first time violation that was unintentional and did not hinder the Labor
Commissioner's ability to monitor and enforce compliance with the requirements of this chapter.
3)A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant
to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section
1725.5 due to the revocation of a previously approved registration.
4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works
contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or
subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any
penalties pursuant to paragraph(1).
i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in
accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision(g)
and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment
issued under this subdivision may be requested in accordance with the provisions of Section 1742. The
regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Article 2 (commencing with Section 1770), shall apply.
j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without
having been registered in violation of the requirements of Section 1725.5 or this section, the Labor
Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the
unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor.
is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public
work.
2) A stop order may be personally served upon the contractor or subcontractor by either of the following
methods:
A)Manual delivery of the order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public
work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or
subcontractor at one of the following:
i)The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors'
State License Board.
ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors'
State License Board,the address of the site of the public work.
3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party
contracting with the unregistered contractor or subcontractor,by the unregistered contractor or subcontractor,
or both. The appeal, hearing, and any further review of the hearing decision shall, be governed by the
procedures, time limits, and other requirements specified in subdivision(a) of Section 238.1.
Attachment No. 1
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4)Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered
by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage
rate by that employer for any hours the employee would have worked but for the work stoppage,not to exceed
10 days.
k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or
subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision(j) is guilty
of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding
ten thousand dollars($10,000), or both.
1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for
public work entered into on or after April 1, 2015. This section shall also apply to the performance of any
public work, as defined in this chapter, on or after January 1,2018,regardless of when the contract for public
work was entered.
m)Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 1771.3 and shall be used only for the purposes specified in that section.
n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars($15,000)or less when the project is for
maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
a) All of the following are applicable to all public works projects that are otherwise subject to the
requirements of this chapter:
1)The call for bids and contract documents shall specify that the project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by
regulation.
3)Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A)At least monthly or more frequently if specified in the contract with the awarding body.
B) In a format prescribed by the Labor Commissioner.
4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on
a project for which registration is not required because of subdivision(f) of Section 1725.5, the unregistered
contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years after
completion of the work.
5) The department shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
Attachment No. 1
Page' 5 of 13
b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision(a) if either of the following occurs:
1)The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5,on
all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December 31, 2011.
2)The awarding body has entered into a collective bargaining agreement that binds all contractors performing
work on the project and that includes a mechanism for resolving disputes about the payment of wages.
c)The requirements of paragraph(1)of subdivision(a)shall only apply to contracts for public works projects
awarded on or after January 1, 2015.
d)The requirements of paragraph(3) of subdivision(a) shall apply to all contracts for public work, whether
new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded,forfeit not more than two hundred dollars($200)
for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work done
under the contract by the contractor or, except as provided in subdivision(b),by any subcontractor under the
contractor.
2)(A)The amount of the penalty shall be determined by the Labor Commissioner based on consideration of
both of the following:
i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good
faith mistake and, if so,the error was promptly and voluntarily corrected when brought to the attention of the
contractor or subcontractor.
ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
B)(i)The penalty may not be less than forty dollars($40) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate,unless the failure of the contractor or subcontractor to pay the
correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily
corrected when brought to the attention of the contractor or subcontractor.
ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each.
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
within the previous three years for failing to meet its prevailing wage obligations on a separate contract,unless
those penalties were subsequently withdrawn or overturned.
iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision(c) of Section 1777.1.
C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding
wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor
Attachment No. 1
Page 6 of 13
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar
day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate
of per diem wages by the subcontractor,the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the
specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of
the following requirements:
1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5,
1813, and 1815.
2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the
subcontractor to the employees,by periodic review of the certified payroll records of the subcontractor.
3)Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including,but
not limited to,retaining sufficient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the
public works project and any amounts due pursuant to Section 1813.
c)The Division of Labor Standards Enforcement shall notify the contractor on a public works project within
15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a
subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive
nonredacted copies of certified records; noncompliance penalties; rules
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or
her in connection with the public work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both of the following:
1)The information contained in the payroll record is true and correct.
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
Attachment No. 1
Page 7 of 13
b)The payroll records enumerated under subdivision(a)shall be certified and shall be available for inspection
at all reasonable hours at the'principal office of the contractor on the following basis:
1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
2)A certified copy of all payroll records enumerated in subdivision(a)shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract and the Division of Labor
Standards Enforcement of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision(a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll
records have not been provided pursuant to paragraph(2), the requesting party shall,prior to being provided
the records,reimburse the costs of preparation by the contractor, subcontractors, and the entity through which
the request was made. The public.may not be given access to the records at the principal office of the
contractor.
c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph(3) of
subdivision(a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the printouts are verified in
the manner specified in subdivision(a).
d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a)with
the entity that requested the records within 10 days after receipt of a written request.
e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding body or the Division of Labor
Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the subcontractor
performing the contract shall not be marked or obliterated. Any copy of records made available for inspection
by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the purposes of allocating contributions to participants shall be marked or obliterated only to
prevent disclosure of an individual's full social security number, but shall provide the last four digits of the
social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-
management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29
U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security
number.
f)(1)Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike
Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance
Code and other law enforcement agencies investigating violations of law shall, upon request, be provided
nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for.
inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike
Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be
marked or redacted to prevent disclosure of an individual's name, address, and social security number.
Attachment No. 1
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2)An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in
good faith in compliance with this subdivision.
g)The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision(a), including the street address, city, and county, and shall, within five working days,provide a
notice of a change of location and address.
h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision(a). In the event that the contractor or subcontractor fails to
comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is -
not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply
with this section.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
j)The director shall adopt rules consistent with the California Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the
release of these records, including the establishment of reasonable fees to be charged for reproducing copies
of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable
craft or trade; exemptions; contributions; compliance program
a)(1) This chapter does not prevent the employment upon. public works of properly registered
apprentices who are active participants in an approved apprenticeship program.
2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of the
California Apprenticeship Council established pursuant to Section 3070.
b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or
trade to which he or she is registered.
2)Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch
of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice
to fill out an application or undergo testing, training, an examination, or other preemployment process as a
condition of employment, the apprentice shall be paid for the time spent on the required preemployment
activity,including travel time to and from the required activity,if any, at the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective
bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or
she fails to pass that test.
c)Only apprentices, as defined in Section 3077,who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
Attachment No. 1
Page 9of13
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
1)The apprenticeship standards and apprentice agreements under which he or she is training.
2) The rules and regulations of the California Apprenticeship Council.
d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that'can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However,the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs,upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered-
by an apprenticeship program's standards shall not be required to submit any additional application in order
to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
o).
e) Before commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract,
the number of apprentices proposed to be employed, and the approximate dates the apprentices would be
employed. A copy of this information shall also be submitted to the awarding body, if requested by the
awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body,if requested, and to the apprenticeship program a verified statement of the
journeyman and apprentice hours performed on the contract. The information under this subdivision shall be
public. The apprenticeship programs shall retain this information for 12 months.
f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
g)The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as
otherwise provided in this section,in no case shall the ratio be less than one hour of apprentice work for every
five hours of journeyman work.
h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40-hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However,the,contractor shall endeavor,to the greatest extent possible,to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator
Attachment No. 1
Page l0of13
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each five journeymen in a craft or trade classification.
i)A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship
program in the craft or trade,shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision(g).
j)Upon proper showing by a contractor that he or she employs'apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every
five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate
exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it fmds that any one of the following conditions
is met:
1)Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
2)The number of apprentices in training in the area exceeds a ratio of 1 to 5.
3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen
annually through apprenticeship training, either on a statewide basis or on a local basis.
4) Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public
at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a journeyman.
1) If an exemption is granted pursuant to subdivision(k) to an organization that represents contractors in a
specific trade from the 1-to-5 ratio on a local or statewide basis,the member contractors shall not be required
to submit individual applications for approval to local joint apprenticeship committees, if they are already
covered by the local apprenticeship standards.
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Department of Industrial Relations for administering this subdivision, by making
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
Attachment No. 1
Page 11 of 13
i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program shall
be made.
ii)If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade
and county for which the training contributions were made to the council, the grant shall be divided among
those programs based on the number of apprentices from that county registered in each program.
iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future
expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship
and preapprenticeship standards and requirements under this code.
B)An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the
apprenticeship program agrees,prior to the receipt of any grant funds,to keep adequate records that document
the expenditure of grant funds and to make all records available to the Department of Industrial Relations so
that the Department of Industrial Relations is able to verify that grant funds were used solely for training
apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices,
receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be
deemed to require an apprenticeship program to provide the Department of Industrial Relations with more
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C)The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used
solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds
are expended or if an apprenticeship program is found to be using grant funds for purposes other than training
apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of
the apprenticeship program.
3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the
Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of
carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.
n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
p)An awarding body that implements an approved labor compliance program in accordance with subdivision
b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under
the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of
Attachment No. 1
Page 12 of 13
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article. In awarding any contract for public work, the awarding
body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take
cognizance of all violations of this article committed in the course of the execution of the contract, and shall
report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2
times the basic rate of pay.
Attachment No. 1
Page 13 of 13
ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of
contractors for public works projects; claims process (Eff: January 1, 2017)
a) The Legislature fords and declares that it is in the best interests of the state and its citizens to ensure that
all construction business performed on a public works project in the state that is complete and not in dispute
is paid in full and in a timely manner.
b)Notwithstanding any other law,including,but not limited to,Article 7.1 (commencing with Section 10240)
of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100)of Part 2, and Article 1.5 (commencing
with Section 20104)of Chapter 1 of Part 3,this section shall apply to any claim by a contractor in connection
with a public works project.
c) For purposes of this section:
1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return
receipt requested, for one or more of the following:
A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by a public entity under a contract for a public works project.
B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled.
C)Payment of an amount that is disputed by the public entity.
2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000)of Division 3 of the Business and Professions Code who has entered into a direct contract with a public
entity for a public works project.
3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division,bureau,board, or commission, the California State University,the University of
California, a city, including a charter city, county, including a charter county, city and county, including a
charter city and county, district, special district,public authority,political subdivision,public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
B) "Public entity"shall not include the following:
i) The Department of Water Resources as to any project under the jurisdiction of that department.
ii)The Department of Transportation as to any project under the jurisdiction of that department.
iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter 11 (commencing with Section 7000)of Title 7 of Part 3 of the Penal Code.
Attachment No. 2
Page 1 of 3
v)The Military Department as to any project under the jurisdiction of that department.
vi)The Department of General Services as to all other projects.
vii)The High-Speed Rail Authority.
4)"Public works project"means the erection, construction, alteration, repair, or improvement of any public
structure,building,road, or other public improvement of any kind.
5)"Subcontractor"means any type of contractor within the meaning of Chapter 9(commencing with Section
7000)of Division 3 of the Business and Professions Code who either is indirect contract with a contractor or
is a lower tier subcontractor.
d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall
conduct a reasonable review of the claim and,within a period not to exceed 45 days,shall provide the claimant
a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon
receipt of a claim, a public entity and a contractor may,by mutual agreement,extend the time period provided
in this subdivision.
B)The claimant shall furnish reasonable documentation to support the claim.
C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day period,or extension,
expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after
the public entity issues its written statement. If the public entity fails to issue a written statement,paragraph
3) shall apply.
2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
B)Within 10 business days following the conclusion of the meet and confer conference, if the claim or any
portion of the claim remains in dispute, the public entity shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment
due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity
issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall
be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs
equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each
party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of
the claim remaining in dispute shall be subject to applicable procedures outside this section.
Attachment No. 2
Page 2 of 3
C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to,
neutral evaluation or a dispute review board, in which an independent third party or board assists the parties
in dispute resolution through negotiation or by issuance of an evaluation.Any mediation utilized shall conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation
has been commenced.
E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program,if mediation under this section does not resolve
the parties' dispute.
3) Failure by the public entity to respond to a claim from a contractor within the time periods described in
this subdivision or to otherwise meet the time requirements of this section shall result in the claim being
deemed rejected in its entirety.A claim that is denied by reason of the public entity's failure to have responded
to a claim,or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse
fording with regard to the merits of the claim or the responsibility or qualifications of the claimant.
4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity.
because privity of contract does not exist,the contractor may present to the public entity a claim on behalf of
a subcontractor or lower tier subcontractor.A subcontractor may request in writing, either on their own behalf
or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public entity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim,provide the subcontractor with a statement of the reasons for not having done so.
e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public
works project that may give rise to a claim under this section.
f)A waiver of the rights granted by this section is void and contrary to public policy,provided,however,that
1)upon receipt of a claim,the parties may mutually agree to waive,in writing,mediation and proceed directly
to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair
the timeframes and procedures set forth in this section.
g)This section applies to contracts entered into on or after January 1, 2017.
h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
i)This section shall remain in effect only until January 1,2027, and as of that date is repealed,unless a later
enacted statute,that is enacted before January 1,2027, deletes or extends that date.
Attachment No. 2
Page 3 of 3
Attachment No. 3
FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
Beneath this sheet.]
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 3
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,TIME OF COMPLETION AND LIQUIDATED DAMAGES 7
8. BUY AMERICA 8
9. QUALITY ASSURANCE 9
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS 9
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS 9
12. FEMALE AND MINORITY GOALS 22
13.TITLE VI ASSURANCES 23
14. FEDERAL TRAINEE PROGRAM 28
15. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES 29
Attachment No. 3 Page 1 of 29
November 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 the DBE firm is certified as a DBE on the date of bid
opening by using the California Unified Certification Program (CUCP)database and possesses the most specific
available North American Industry Classification System (NAICS)codes and Work Code applicable to the type of
work the firm will perform on the contract.Additionally, the prime contractor is responsible to document this
verification by printing out the CUCP data for each DBE firm.A list of DBEs certified by the CUCP can be found
at: https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally mandated
statewide overall DBE goal.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the
following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of materials or
supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer.49 CFR
26.55 defines"manufacturer"and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a
commercially useful function as defined in 49 CFR 26.55(d)as follows:
The DBE must be responsible for the management and supervision of the entire trucking operation
for which it is responsible on a particular contract, and there cannot be a contrived arrangement for
the purpose of meeting DBE goals.
The DBE must itself own and operate at least one fully licensed, insured, and operational truck used
on the contract.
The DBE receives credit for the total value of the transportation services it provides on the Contract
using trucks it owns, insures, and operates using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a
DBE.The DBE who leases trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the Contract.
The DBE may also lease trucks from a non-DBE firm, including from an owner-operator.The DBE
that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of
transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the
value of transportation services on the contract provided by DBE-owned trucks or leased trucks with
DBE employee drivers.Additional participation by non-DBE owned trucks equipped with drivers
receives credit only for the fee or commission it receives as a result of the lease arrangement.
The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE
leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is
entitled to credit for the total value of these hauling services.
A lease must indicate that the DBE has exclusive use of and control over the truck.This does not
preclude the leased truck from working for others during the term of the lease with the consent of the
DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks
must display the name and identification number of the DBE.
Attachment No. 3 Page 2 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any
person the benefits of, or otherwise discriminate against anyone in connection with the award and performance
of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the
Local Agency components of the DBE Program Plan,the contractor, subrecipient or subcontractor will not,
directly, or through contractual or other arrangements, use criteria or methods of administration that have the
effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with
respect to individuals of a particular race, color, sex, or national origin.
B. Contract Assurance
Under 49 CFR 26.13(b):The contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract.The contractor shall carry out
applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract,which may result in the
termination of this contract or such other remedy as the recipient deems appropriate,which may include, but
is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible.
C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of
each progress payment, unless otherwise agreed to in writing,the respective amounts allowed the contractor on
account of the work performed by the subcontractors,to the extent of each subcontractor's interest therein. In
the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from
the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no
more than 150 percent of the disputed amount.Any violation of this requirement shall constitute a cause for
disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the
amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld,the prevailing party shall be entitled to his or her
attorney's fees and costs.The sanctions authorized under this requirement shall be separate from, and in
addition to, all other remedies, either civil, administrative, or criminal.This clause applies to both DBE and non-
DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the Agency,of the contract work, and pay retainage to the prime
contractor based on these acceptances.The Agency shall designate one of the methods below in the contract to
ensure prompt and full payment of anyy retainage kept by the prime contractor or subcontractor to a
subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors.Any delay
or postponement of payment may take place only for good cause and with the Agency's prior written
approval.Any violation of these provisions shall subject the violating contractor or subcontractor to the
penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and
Professions Code and Section 10262 of the California Public Contract Code.This requirement shall not be
construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor,
deficient subcontractor performance and/or noncompliance by a subcontractor.This clause applies to both
DBE and non-DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning
subcontractor within seven (7)days after the subcontractor's work is satisfactorily completed.Any delay or
postponement of payment may take place only for good cause and with the Agency's prior written approval.
Attachment No. 3 Page 3 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties,
sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and
Section 10262 of the California Public Contract Code.This requirement shall not be construed to limit or
impair any contractual, administrative or judicial remedies, otherwise available to the contractor or
subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient
subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and
non-DBE subcontractors.
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to
the prime contractor based on these acceptances.The prime contractor or subcontractor shall return all
monies withheld in retention from all subcontractors within seven (7)days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work by
the Agency.Any delay or postponement of payment may take place only for good cause and with the
Agency's prior written approval.Any violation of these provisions shall subject the violating prime contractor
or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code and Section 10262 of the California Public Contract Code.This requirement
shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise
available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment
by the contractor;deficient subcontractor performance and/or noncompliance by a subcontractor.This
clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to
Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other
remedies specified therein. These requirements shall not be construed to limit or impair any contractual,
administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a
dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which
each is listed unless the contractor obtains the Agency's written consent.The prime contractor shall not
terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain
materials from other sources without prior written authorization from the Agency. Unless the Agency's prior
written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is
performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form,
included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the
following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the
project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed
DBE fails to meet the Local Agency's bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors
License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed-materials(failing or refusing to
perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or
discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the
Contract.
Attachment No. 3. Page 4 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
11. The Agency determines other documented good cause.
The prime contractor shall notify the original DBE of the intent to use other forces or material sources and
provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the
Agency of the reasons why the use of other forces or sources of materials should not occur.
The prime contractor's request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from the prime contractor to the DBE regarding the request.
3. Notices from the DBEs to the prime contractor regarding the request.
If the Agency authorizes the termination or substitution of a listed DBE,the prime contractor must make good
faith efforts to find another DBE to substitute for the original DBE.The substitute DBE must(1) perform at least -
the same amount of work as the original DBE under the contract to the extent needed to meet,or exceed the
DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes
applicable to the type of work the DBE will perform on the contract at the time of the prime contractor's request
for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their
request for authorization of the substitution.The Agency may authorize a 7-day extension of this submittal period
at the prime contractor's request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good
faith efforts to meet the DBE goal.
F. Commitment and Utilization
Note: In the Agency's reports of DBE participation to Caltrans, the Agency must display both commitments and
attainments.
The Agency's DBE program must include a monitoring and enforcement mechanism to ensure that DBE
commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This
exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the bidder must remove
the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the
contract documents regardless of whether DBE participation is reported.The bidder shall provide written
confirmation from each DBE that the DBE is participating in the Contract.A copy of a DBE's quote serves as
written confirmation. If a DBE is participating as a joint venture partner,the bidder shall submit a copy of the joint
venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by
all bidders to the Agency within five(5)days of bid opening. If the bidder does not submit the DBE Commitment
form within the specified time, the Agency will find the bidder's bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors
DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive
authorization for a substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1st-tier subcontractor
Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking
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.
Attachment No. 3 Page 5 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Before the 15th of each month,the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM
Exhibit 16-Z1)form.
If a DBE is decertified before completing its work,the DBE must notify the prime contractor in writing of the
decertification date. If a business becomes a certified DBE before completing its work,the business must notify
the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon
work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE)Certification
Status Change, Exhibit 17-0,form and submit the form within 30 days of contract acceptance.
Upon work completion,the prime contractor shall complete Exhibit 17-F Final Report—Utilization of.
Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract
acceptance. The Agency will withhold$10,000 until the form is submitted.The Agency releases the withhold
upon submission of the completed form.
G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the
following month,the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged
Business Enterprise Running Tally of Payments to business.support.unit(a dot.ca.gov with a copy to the Agency.
2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to
Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT)provides a toll-free hotline to report bid rigging.
activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities.The hotline
number is (800)424-9071.The-service is available 24 hours 7 days a week and is confidential and anonymous.
The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse
and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract,the award is made to the lowest responsible and
responsive bidder.
5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award
through Contract acceptance (Public Contract Code§10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site
differing materially from those indicated in the contract or if unknown physical conditions of an
unusual nature, differing materially from those ordinarily encountered and generally recognized as
inherent in the work provided for in the contract, are encountered at the site, the party discovering
such conditions shall promptly notify the other party in writing of the specific differing conditions before
the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the
conditions materially differ and cause an increase or decrease in the cost or time required for the
performance of any work under the contract, an adjustment, excluding anticipated profits,will be
made and the contract modified in writing accordingly. The engineer will notify the contractor of the
determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the
contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work.
This provision may be omitted by the Local Agency, at their option.]
B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing
for an unreasonable period of time(not originally anticipated, customary, or inherent to the
construction industry)and the contractor believes that additional compensation and/or contract time is
due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a
request for adjustment within 7 calendar days of receipt of the notice to resume work.The request
Attachment No. 3 Page 6 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
shall set forth the reasons and support for such adjustment.
2. Upon receipt,the engineer will evaluate the contractor's request. If the engineer agrees that the cost
and/or time required for the performance of the contract has increased as a result of such suspension
and the suspension was caused by conditions beyond the control of and not the fault of the
contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather,the
engineer will make an adjustment(excluding profit)and modify the contract in writing accordingly.
The contractor will be notified of the engineer's determination whether or not an adjustment of the
contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment
within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have
been suspended or delayed by any other cause, or for which an adjustment is provided or excluded
under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in
quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and
the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the
contract,whether such alterations or changes are in themselves significant changes to the character
of the work or by affecting other work cause such other work to become significantly different in
character, an adjustment, excluding anticipated profit,will be made to the contract.The basis for the
adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed
upon,then an adjustment will be made either for or against the contractor in such amount as the
engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be
performed under the contract,the altered work will be paid for as provided elsewhere in the contract.
4. The term"significant change"shall be construed to apply only to the following circumstances:
When the character of the work as altered differs materially in kind or nature from that involved
or included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in excess of 125
percent or decreased below 75 percent of the original contract quantity.Any allowance for an
increase in quantity shall apply only to that portion in excess of 125 percent of original contract
item quantity, or in case of a decrease below 75 percent,to the actual amount of work
performed.
7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning
on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County the sum of$ per day,for each
and every calendar days'delay in finishing the work in excess of the number of working days prescribed above.
Attachment No. 3 Page 7 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials
permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production
of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the
greater of 0.1 percent of the total contract amount or$2,500, materials produced outside the United
States may be used if authorized.
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. All melting
and manufacturing processes for these materials, including an application of a coating, must occur in the United
States. Coating includes all processes that protect or enhance the value of the material to which the coating is
applied.
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section
Steel and Iron Materials)regardless of the amount used. Iron and steel used in other manufactured products
must meet the requirements of the above section (Steel and Iron Materials)if the weight of steel and iron
components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products(including polyvinylchloride, composite building materials, and
polymers used in fiber optic cables)
3. Glass(including optic glass)
4. Lumber
5. Drywall
Where one or more of these construction materials have been combined by a manufacturer with other materials
through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project
delivery. Manufacturer's certificate of compliance must identify where the construction material was
manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project
Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an
approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:
1.
2.
Attachment No. 3 Page 8 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP)to ensure a material is produced to comply with
the Contract.The Local Agency may examine the records and reports of tests the prime contractor performs
if they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly
submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the
Agency shall pay interest to the contractor,which accrues at the rate of 10 percent per annum on the principal
amount of a money judgment remaining unsatisfied. Upon receipt of a payment request,the Agency shall act in
accordance with both of the following:
1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the
purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be
returned to the contractor as soon as practicable, but not later than seven (7)days, after receipt.A
request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing
the reasons why the payment request is not proper.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
The following 12 pages must be physically inserted into the contract without modification.
Excluding ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS]
Attachment No. 3 Page 9 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised July 5, 2022
REQUIRED CONTRACT
PROVISIONS FEDERAL-AID
CONSTRUCTION CONTRACTS
Attachment No. 3 Page 10 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. General
II. Nondiscrimination 3.A breach of any of the stipulations contained in these
III. Non-segregated Facilities Required Contract Provisions may be sufficient grounds for
Iv. Davis-Bacon and Related Act Provisions withholding of progress payments,withholding of final payment,
V. Contract Work Hours and Safety Standards Act Provisions termination of the contract,suspension/debarment or any other
VI. Subletting or Assigning the Contract action determined to be appropriate by the contracting agency
VII. Safety:Accident Prevention and FHWA.
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water 4.Selection of Labor: During the performance of this contract,
Pollution Control Act the contractor shall not use convict labor for any purpose within
X. Certification Regarding.Debarment,Suspension, Ineligibility the limits of a construction project on a Federal-aid highway
and Voluntary Exclusion unless it is labor performed by convicts who are on parole,
XI. Certification Regarding Use of Contract Funds for Lobbying supervised release,or probation.23 U.S.C. 114(b).The term
XII. Use of United States-Flag Vessels: Federal-aid highway does not include roadways functionally
classified as local roads or rural minor collectors.23 U.S.C.
ATTACHMENTS 101(a).
A.Employment and Materials Preference for Appalachian II.NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part
Development Highway System or Appalachian Local Access 230,Subpart A,Appendix A;EO 11246)
Road Contracts(included in Appalachian contracts only) The provisions of this section related to 23 CFR Part 230,
Subpart A,Appendix A are applicable to all Federal-aid
I.GENERAL construction contracts and to all related construction
subcontracts of$10,000 or more.The provisions of 23 CFR
1.Form FHWA-1273 must be physically incorporated in each Part 230 are not applicable to material supply,engineering,
construction contract funded under title 23,United States Code, or architectural service contracts.
as required in 23 CFR 633.102(b)(excluding emergency
contracts solely intended for debris removal).The contractor(or In addition,the contractor and all subcontractors must comply
subcontractor)must insert this form in each subcontract and with the following policies:Executive Order 11246,41 CFR Part
further require its inclusion in all lower tier subcontracts 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504 of the
excluding purchase orders,rental agreements and other Rehabilitation Act of 1973,as amended(29 U.S.C.794),Title VI
agreements for supplies or services).23 CFR633.102(e). of the Civil Rights Act of 1964,as amended(42 U.S.C.2000d et
seq.),and related regulations including 49 CFR Parts 21,26,and
The applicable requirements of Form FHWA-1273 are 27;and 23 CFR Parts 200,230,and 633.
incorporated by reference for work done under any purchase
order,rental agreement or agreement for other services.The The contractor and all subcontractors must comply with:the
prime contractor shall be responsible for compliance by any requirements of the Equal Opportunity Clause in 41 CFR 60-
subcontractor,lower-tier subcontractor or service provider.23 1.4(b)and,for all construction contracts exceeding$10,000,the
CFR 633.102(e). Standard Federal Equal Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.
Form FHWA-1273 must be included in all Federal-aid design-
build contracts,in all subcontracts and in lower tier subcontracts Note:The U.S.Department of Labor has exclusive authority to
excluding subcontracts for design services,purchase orders,determine compliance with Executive Order 11246 and the
rental agreements and other agreements for supplies or policies of the Secretary of Labor including 41 CFR Part 60,and
services)in accordance with 23 CFR 633.102.The design- 29 CFR Parts 1625-1627.The contracting agency and the
builder shall be responsible for compliance by any FHWA have the authority and the responsibility to ensure
subcontractor,lower-tier subcontractor or service provider. compliance with 23 U.S.C.140,Section 504 of the Rehabilitation
Act of 1973,as amended(29 U.S.C.794),and Title VI of the
Contracting agencies may reference Form FHWA-1273 in Civil Rights Act of 1964,as amended(42 U.S.C.2000d et seq.),
solicitation-for-bids or request-for-proposals documents, and related regulations including 49 CFR Parts 21,26,and 27;
however,the Form FHWA-1273 must be physically incorporated and 23 CFR Parts 200,230,and 633.
not referenced)in all contracts,subcontracts and lower-tier
subcontracts(excluding purchase orders,rental agreements and The following provision is adopted from 23 CFR Part 230,
other agreements for supplies or services related to a Subpart A,Appendix A,with appropriate revisions to conform to
construction contract).23 CFR 633.102(b). the U.S.Department of Labor(US DOL)and FHWA
requirements.
2.Subject to the applicability criteria noted in the following
sections,these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework,station work,or by subcontract.23 CFR
633.102(d).
Attachment No. 3 Page 11 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. Equal Employment Opportunity:Equal Employment d. Notices and posters setting forth the contractor's EEO policy will
Opportunity(EEO)requirements not to discriminate and to take be placed in areas readily accessible to employees,applicants for
affirmative action to assure equal opportunity as set forth under employment and potential employees.
laws,executive orders,rules,regulations(see 28 CFR Part 35,29
CFR Part 1630,29 CFR Parts 1625-1627,41 CFR Part 60 and 49 e. The contractor's EEO policy and the procedures to implement
CFR Part 27)and orders of the Secretary of Labor as modified by such policy will be brought to the attention of employees by means of
the provisions prescribed herein,and imposed pursuant to 23 U.S.C. meetings,employee handbooks,or other appropriate means.
140,shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract. 4. Recruitment:When advertising for employees,the contractor will
The provisions of the Americans with Disabilities Act of 1990(42 include in all advertisements for employees the notation:"An Equal
U.S.C.12101 et seq.)set forth under 28 CFR Part 35 and 29 CFR Opportunity Employer."All such advertisements will be placed in
Part 1630 are incorporated by reference in this contract.In the publications having a large circulation among minorities and women
execution of this contract,the contractor agrees to comply with the in the area from which the project.work force would normally be
following minimum specific requirement activities of EEO:derived.
a. The contractor will work with the contracting agency and the a. The contractor will,unless precluded by a valid bargaining
Federal Government to ensure that it has made every good faith agreement,conduct systematic and direct recruitment through public
effort to provide equal opportunity with respect to all of its terms and and private employee referral sources likely to yield qualified
conditions of employment and in their review of activities under the minorities and women.To meet this requirement,the contractor will
contract.23 CFR 230.409(g)(4)&(5). identify sources of potential minority group employees and establish
with such identified sources procedures whereby minority and women
b. The contractor will accept as its operating policy the following applicants may be referred to the contractor for employment
statement: consideration.
It is the policy of this Company to assure that applicants are b. In the event the contractor has a valid bargaining agreement
employed,and that employees are treated during employment,providing for exclusive hiring hall referrals,the contractor is expected
without regard to their race,religion,sex,sexual orientation, to observe the provisions of that agreement to the extent that the
gender identity,color,national origin,age or disability.Such system meets the contractor's compliance with EEO contract
action shall include:employment,upgrading,demotion,or provisions.Where implementation of such an agreement has the
transfer;recruitment or recruitment advertising;layoff or effect of discriminating against minorities or women,or obligates the
termination;rates of pay or other forms of compensation;and contractor to do the same,such implementation violates Federal
selection for training,including apprenticeship,pre- nondiscrimination provisions.
apprenticeship,and/or on-the-job training."
c. The contractor will encourage its present employees to refer
2. EEO Officer:The contractor will designate and make known to minorities and women as applicants for employment.Information and
the contracting officers an EEO Officer who will have the procedures with regard to referring such applicants will be discussed
responsibility for and must be capable of effectively administering with employees.
and promoting an active EEO program and who must be assigned
adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee
3. Dissemination of Policy:All members of the contractors staff benefits shall be established and administered,and personnel actions
sfer,
who are authorized to hire,supervise,promote,and discharge
of every type,including
mhirinat
upgrading,
al
promotion,
without regard to
employees,or who recommend such action or are substantially
demotion,layoff,and termination,shall iobe taken,
gender den
regard
io
involved in such action,will be made fully cognizant of and will
race,color,religion,sex,sexual orientation,identity,national
implement the contractor's EEO policy and contractual origin,age or disability.The following procedures shall be followed:
responsibilities to provide EEO in each grade and classification of
a. The contractor will conduct periodic inspections of project sitesemployment.To ensure that the above agreement will be met,the
to ensure that working conditions and employee facilities do notfollowingactionswillbetakenasaminimum: indicate discriminatory treatment of project site personnel.
a. Periodic meetings of supervisory and personnel office
b. The contractor will periodically evaluate the spread of wagesemployeeswillbeconductedbeforethestartofworkandthennot
paid within each classification to determine any evidence oflessoftenthanonceeverysixmonths,at which time the contractor's
discriminatory wage practices.EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer or other
knowledgeable company official. c. The contractor will periodically review selected personnel actions
in depth to determine whether there is evidence of discrimination.
b. All new supervisory or personnel office employees will be given Where evidence is found,the contractor will promptly take corrective
a thorough indoctrination by the EEO Officer,covering all major action.If the review indicates that the discrimination may extend
aspects of the contractor's EEO obligations within thirty days beyond the actions reviewed,such corrective action shall include all
following their reporting for duty with the contractor. affected persons.
c. All personnel who are engaged in direct recruitment for the - d. The contractor will promptly investigate all complaints of alleged
project will be instructed by the EEO Officer in the contractor's discrimination made to the contractor in connection with its
procedures for locating and hiring minorities and women.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.
Attachment No. 3 Page 12 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
6. Training and Promotion: 8. Reasonable Accommodation for Applicants/Employees with
Disabilities: The contractor must be familiar with the requirements for
a. The contractor will assist in locating,qualifying,and increasing and comply with the Americans with Disabilities Act and all rules and
the skills of minorities and women who are applicants for regulations established thereunder.Employers must provide reasonable
employment or current employees.Such efforts should be aimed at accommodation in all employment activities unless to do so would cause
developing full journey level status employees in the type of trade or an undue hardship.
job classification involved.
9. Selection of Subcontractors,Procurement of Materials and
b. Consistent with the contractor's work force requirements and as Leasing of Equipment:The contractor shall not discriminate on the
permissible under Federal and State regulations,the contractor shall grounds of race,color,religion,sex,sexual orientation,gender identity,
make full use of training programs(i.e.,apprenticeship and on-the- national origin,age,or disability in the selection and retention of
job training programs for the geographical area of contract subcontractors,including procurement of materials and leases of
eqperformance).In the event a special provision for training is provided to ensure nondiscriminationment.The contrntorinshall
the administration
ali necessary h reasonable steps
to ensure in of this contract.
under this contract,this subparagraph will be superseded as
indicated in the special provision.The contracting agency may a. The contractor shall notify all potential subcontractors,suppliers,and
reserve training positions for persons who receive welfare lessors of their EEO obligations under this contract.
assistance in accordance with 23 U.S.C.140(a).
b. The contractor will use good faith efforts to ensure subcontractor
c. The contractor will advise employees and applicants for compliance with their EEO obligations.
employment of available training programs and entrance
requirements for each.10. Assurance Required:
d. The contractor will periodically review the training and a. The requirements of 49 CFR Part 26 and the State DOT's
promotion potential of employees who are minorities and women FHWA-approved Disadvantaged Business Enterprise(DBE)program
and will encourage eligible employees to apply for such training and are incorporated by reference.
promotion.
b. The contractor,subrecipient or subcontractor shall not
7. Unions:If the contractor relies in whole or in part upon unions as discriminate on the basis of race,color,national origin,or sex in the
a source of employees,the contractor will use good faith efforts to performance of this contract.The contractor shall carry out applicable
obtain the cooperation of such unions to increase opportunities for requirements of 49 CFR part 26 in the award and administration of
minorities and women.23 CFR 230.409.Actions by the contractor, DOT-assisted contracts.Failure by the contractor to carry out these
either directly or through a contractor's association acting as agent, requirements is a material breach of this contract,which may result in
will include the procedures set forth below: the termination of this contract or such other remedy as the recipient
deems appropriate,which may include,but is not limited to:
a. The contractor will use good faith efforts to develop,in cooperation
with the unions,joint training programs aimed toward qualifying more 1)Withholding monthly progress payments;
minorities and women for membership in the unions and increasing the
skills of minorities and women so that they may qualify for higher paying 2)Assessing sanctions;
employment.3)Liquidated damages;and/or •
b. The contractor will use good faith efforts to incorporate an EEO 4)Disqualifying the contractor from future bidding as non-
clause into each union agreement to the end that such union will be
responsible.
contractually bound to refer applicants without regard to their race,color,
religion,sex,sexual orientation,gender identity,national origin,age,or c. The Title VI and nondiscrimination provisions of U.S.DOT Order
disability. 1050.2A at Appendixes A and E are incorporated by reference.49
CFR Part 21.
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 11. Records and Reports:The contractor shall keep such records
is within the exclusive possession of the labor union and such labor as necessary to document compliance with the EEO requirements.
union refuses to furnish such information to the contractor,the contractor Such records shall be retained for a period of three years following
shall so certify to the contracting agency and shall set forth what efforts the date of the final payment to the contractor for all contract work
have been made to obtain such information. and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
d. In the event the union is unable to provide the contractor with a FHWA.
reasonable flow of referrals within the time limit set forth in the collective
bargaining agreement,the contractor will,through independent
a. The records kept by the contractor shall document the following:recruitment efforts;fill the employment vacancies without regard to race,
color,religion,sex,sexual orientation,gender identity,national origin,
1)The number and work hours of minority and non-minorityage,or disability;making full efforts to obtain qualified and/or qualifiable
minorities and women.The failure of a union to provide sufficient group members and women employed in each work
referrals(even though it is obligated to provide exclusive referrals classification on the project;
under the terms of a collective bargaining agreement)does not
relieve the contractor from the requirements of this paragraph.In the 2)The progress and efforts being made in cooperation with
event the union referral practice prevents the contractor from unions,when applicable,to increase employment opportunities
meeting the obligations pursuant to Executive Order 11246,as
for minorities and women;and
amended,and these special provisions,such contractor shall
immediately notify the contracting agency. 3)The progress and efforts being made in locating,hiring,
training,qualifying,and upgrading minorities and women.
Attachment No. 3 Page 13 of 29
November 2022
Local Assistance.Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
b. The contractors and subcontractors will submit an annual 1. Minimum wages(29 CFR 5.5)
report to the contracting agency each July for the duration of the
project indicating the number of minority,women,and non-minority a. All laborers and mechanics employed or working upon the site
group employees currently engaged in each work classification of the work,will be paid unconditionally and not less often than once
required by the contract work.This information is to be reported on a week,and without subsequent deduction or rebate on any account
Form FHWA-1391.The staffing data should represent the project except such payroll deductions as are permitted by regulations
work force on board in all or any part of the last payroll period issued by the Secretary of Labor under the Copeland Act(29 CFR
preceding the end of July.If on-the-job training is being required by part 3)),the full amount of wages and bona fide fringe benefits(or
special provision,the contractor will be required to collect and report cash equivalents thereof)due at time of payment computed at rates
training data.The employment data should reflect the work force on not less than those contained in the wage determination of the
board during all or any part of the last payroll period preceding the Secretary of Labor which is attached hereto and made a part hereof,
end of July. regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
III.NONSEGREGATED FACILITIES
Contributions made or costs reasonably anticipated for bona fide
This provision is applicable to all Federal-aid construction contracts fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf
and to all related construction subcontracts of more than$10,000. of laborers or mechanics are considered wages paid to such laborers
41 CFR 60-1.5.or mechanics,subject to the provisions of paragraph 1.d.of this
section;also,regular contributions made or costs incurred for more
As prescribed by 41 CFR 60-1.8,the contractor must ensure that than a weekly period(but not less often than quarterly)under plans,
facilities provided for employees are provided in such a manner that funds,or programs which cover the particular weekly period,are
segregation on the basis of race,color,religion,sex,sexual deemed to be constructively made or incurred during such weekly
orientation,gender identity,or national origin cannot result.The period.Such laborers and mechanics shall be paid the appropriate
contractor may neither require such segregated use by written or wage rate and fringe benefits on the wage determination for the
oral policies nor tolerate such use by employee custom.The classification of work actually performed,without regard to skill,
contractor's obligation extends further to ensure that its employees except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics
are not assigned to perform their services at any location under the performing work in more than one classification may be
contractor's control where the facilities are segregated.The term compensated at the rate specified for each classification for the time
facilities"includes waiting rooms,work areas,restaurants and other actually worked therein:Provided,That the employer's payroll
eating areas,time clocks,restrooms,washrooms,locker rooms and records accurately set forth the time spent in each classification in
other storage or dressing areas,parking lots,drinking fountains, which work is performed.The wage determination(including any
recreation or entertainment areas,transportation,and housing additional classification and wage rates conformed under paragraph
provided for employees.The contractor shall provide separate or 1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be
single-user restrooms and necessary dressing'or sleeping areas to posted at all times by the contractor and its subcontractors at the site
assure privacy between sexes. of the work in a prominent and accessible place where it can be
easily seen by the workers.
IV.DAVIS-BACON AND RELATED ACT PROVISIONS
b. (1) The contracting officer shall require that any class of
This section is applicable to all Federal-aid construction projects laborers or mechanics,including helpers,which is not listed in
exceeding$2,000 and to all related subcontracts and lower-tier the wage determination and which is to be employed under the
subcontracts(regardless of subcontract size),in accordance with 29 contract shall be classified in conformance with the wage
CFR 5.5.The requirements apply to all projects located within the determination.The contracting officer shall approve an
right-of-way of a roadway that is functionally classified as Federal- additional classification and wage rate and fringe benefits
aid highway.23 U.S.C.113.This excludes roadways functionally therefore only when the following criteria have been met:
classified as local roads or rural minor collectors,which are exempt.
23 U.S.C.101.Where applicable law requires that projects be i)The work to be performed by the classification requested is
treated as a project on a Federal-aid highway,the provisions of this not performed by a classification in the wage determination;
subpart will apply regardless of the location of the project.Examples and
include:Surface Transportation Block Grant Program projects ii)The classification is utilized in the area by the construction
funded under 23 U.S.C.133[excluding recreational trails projects], industry;and
the Nationally Significant Freight and Highway Projects funded iii)The proposed wage rate,including any bona fide fringe
under 23 U.S.C.117,and National Highway Freight Program
benefits,bears a reasonable relationship to the wage rates
projects funded under 23 U.S.C. 167. contained in the wage determination.
The following provisions are from the U.S.Department of Labor
regulations in 29 CFR 5.5"Contract provisions and related matters" 2) If the contractor and the laborers and mechanics to be
with minor revisions to conform to the FHWA-1273 format and employed in the classification(if known),or their
FHWA program requirements. representatives,and the contracting officer agree on the
classification and wage rate(including the amount designated
for fringe benefits where appropriate),a report of the action
taken shall be sent by the contracting officer to the Administrator
of the Wage and Hour Division,U.S.Department of Labor,
Washington,DC 20210.The Administrator,or an authorized
representative,will approve,modify,or disapprove every
additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
Attachment No. 3 Page 14 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
3) In the event the contractor,the laborers or mechanics to 3. Payrolls and basic records(29 CFR 5.5)
be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed a. Payrolls and basic records relating thereto shall be maintained
classification and wage rate(including the amount by the contractor during the course of the work and preserved for a
designated for fringe benefits,where appropriate),the period of three years thereafter for all laborers and mechanics
contracting officer shall refer the questions,including the working at the site of the work.Such records shall contain the name,
views of all interested parties and the recommendation of the address,and social security number of each such worker,his or her
contracting officer,to the Administrator for determination. correct classification,hourly rates of wages paid(including rates of
The Administrator,or an authorized representative,will issue contributions or costs anticipated for bona fide fringe benefits or cash
a determination within 30 days of receipt and so advise the equivalents thereof of the types described in section 1(b)(2)(B)of the
contracting officer or will notify the contracting officer within Davis-Bacon Act),daily and weekly number of hours worked,
the 30-day period that additional time is necessary. 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
4) The wage rate(including fringe benefits where laborer or mechanic include the amount of any costs reasonably
appropriate)determined pursuant to paragraphs 1.b.(2)or anticipated in providing benefits under a plan or program described in
1.b.(3)of this section,shall be paid to all workers performing section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall
work in the classification under this contract from the first maintain records which show that the commitment to provide such
day on which work is performed in the classification. benefits is enforceable,that the plan or program is financially
responsible,and that the plan or program has been communicated in
c. Whenever the minimum wage rate prescribed in the contract for writing to the laborers or mechanics affected,and records which
a class of laborers or mechanics includes a fringe benefit which is show the costs anticipated or the actual cost incurred in providing
not expressed as an hourly rate,the contractor shall either pay the such benefits.Contractors employing apprentices or trainees under
benefit as stated in the wage determination or shall pay another approved programs shall maintain written evidence of the registration
bona fide fringe benefit or an hourly cash equivalent thereof. of apprenticeship programs and certification of trainee programs,the
registration of the apprentices and trainees,and the ratios and wage
d. If the contractor does not make payments to a trustee or other rates prescribed in the applicable programs.
third person,the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably b. (1) The contractor shall submit weekly for each week in which
anticipated in providing bona fide fringe benefits under a plan or any contract work is performed a copy of all payrolls to the
program,Provided,That the Secretary of Labor has found,upon the contracting agency.The payrolls submitted shall set out
written request of the contractor,that the applicable standards of the accurately and completely all of the information required to be
Davis-Bacon Act have been met.The Secretary of Labor may maintained under 29 CFR 5.5(a)(3)(i),except that full social
require the contractor to set aside in a separate account assets for security numbers and home addresses shall not be included on
the meeting of obligations under the plan or program.weekly transmittals.Instead the payrolls shall only need to
include an individually identifying number for each employee
2. Withholding(29 CFR 5.5) e.g.,the last four digits of the employee's social security
number).The required weekly payroll information may be
The contracting agency shall upon its own action or upon written submitted in any form desired.Optional Form WH-347 is
request of an authorized representative of the Department of Labor, available for this purpose from the Wage and Hour Division Web
withhold or cause to be withheld from the contractor under this site.The prime contractor is responsible for the submission of
contract,or any other Federal contract with the same prime copies of payrolls by all subcontractors.Contractors and
contractor,or any other federally-assisted contract subject to Davis- subcontractors shall maintain the full social security number and
Bacon prevailing wage requirements,which is held by the same current address of each covered worker,and shall provide them
prime contractor,so much of the accrued payments or advances as upon request to the contracting agency for transmission to the
may be considered necessary to pay laborers and mechanics,State DOT,the FHWA or the Wage and Hour Division of the
including apprentices,trainees,and helpers,employed by the Department of Labor for purposes of an investigation or audit of
contractor or any subcontractor the full amount of wages required by compliance with prevailing wage requirements.It is not a
the contract.In the event of failure to pay any laborer or mechanic, violation of this section for a prime contractor to require a
including any apprentice,trainee,or helper,employed or working on subcontractor to provide addresses and social security numbers
the site of the work,all or part of the wages required by the contract, to the prime contractor for its own records,without weekly
the contracting agency may,after written notice to the contractor, submission to the contracting agency.
take such action as may be necessary to cause the suspension of
any further payment,advance,or guarantee of funds until such 2) Each payroll submitted shall be accompanied by a
violations have ceased. 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 29 CFR
5.5(a)(3)(ii),the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i),and that such information is
correct and complete;
ii)That each laborer or mechanic(including each helper,
apprentice,and trainee)employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate,either directly or indirectly,and that no
deductions have been made either directly or indirectly from
the full wages earned,other than permissible deductions as
set forth in 29 CFR part 3;
Attachment No. 3 Page 15 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
iii)That each laborer or mechanic has been paid not less Every apprentice must be paid at not less than the rate specified in
than the applicable wage rates and fringe benefits or cash the registered program for the apprentice's level of progress,
equivalents for the classification of work performed,as expressed as a percentage of the journeymen hourly rate specified in
specified in the applicable wage determination incorporated the applicable wage determination.Apprentices shall be paid fringe
into the contract.benefits in accordance with the provisions of the apprenticeship
program.If the apprenticeship program does not specify fringe
3)The weekly submission of a properly executed certification benefits,apprentices must be paid the full amount of fringe benefits
set forth on the reverse side of Optional Form WH-347 shall listed on the wage determination for the applicable classification.If
satisfy the requirement for submission of the"Statement of the Administrator determines that a different practice prevails for the
Compliance"required by paragraph 3.b.(2)of this section. applicable apprentice classification,fringes shall be paid in
accordance with that determination.
4)The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal In the event the Office of Apprenticeship Training,Employer and
prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. Labor Services,or a State Apprenticeship Agency recognized by the
Office,withdraws approval of an apprenticeship program,the
c. The contractor or subcontractor shall make the records required contractor will no longer be permitted to utilize apprentices at less
under paragraph 3.a.of this section available for inspection, than the applicable predetermined rate for the work performed until
copying,or transcription by authorized representatives of the an acceptable program is approved.
contracting agency,the State DOT,the FHWA,or the Department of
Labor,and shall permit such representatives to interview employees b. Trainees(programs of the USDOL).
during working hours on the job.If the contractor or subcontractor
fails to submit the required records or to make them available,the Except as provided in 29 CFR 5.16,trainees will not be permitted to
FHWA may,after written notice to the contractor,the contracting work at less than the predetermined rate for the work performed
agency or the State DOT,take such action as may be necessary to unless they are employed pursuant to and individually registered in a
cause the suspension of any further payment,advance,or program which has received prior approval,evidenced by formal
guarantee of funds.Furthermore,failure to submit the required certification by the U.S.Department of Labor,Employment and
records upon request or to make such records available may be Training Administration.
grounds for debarment action pursuant to 29 CFR 5.12.
The ratio of trainees to journeymen on the job site shall not be
4. Apprentices and trainees(29 CFR 5.5) greater than permitted under the plan approved by the Employment
and Training Administration.
a. Apprentices(programs of the USDOL).
Every trainee must be paid at not less than the rate specified in the
Apprentices will be permitted to work at less than the predetermined approved program for the trainee's level of progress,expressed as a
rate for the work they performed when they are employed pursuant percentage of the journeyman hourly rate specified in the applicable
to and individually registered in a bona fide apprenticeship program wage determination.Trainees shall be paid fringe benefits in
registered with the U.S.Department of Labor,Employment and accordance with the provisions of the trainee program.If the trainee
Training Administration,Office of Apprenticeship Training,Employer program does not mention fringe benefits,trainees shall be paid the
and Labor Services,or with a State Apprenticeship Agency full amount of fringe benefits listed on the wage determination unless
recognized by the Office,or if a person is employed in his or her first the Administrator of the Wage and Hour Division determines that
90 days of probationary employment as an apprentice in such an there is an apprenticeship program associated with the
apprenticeship program,who is not individually registered in the corresponding journeyman wage rate on the wage determination
program,but who has been certified by the Office of Apprenticeship which provides for less than full fringe benefits for apprentices.Any
Training,Employer and Labor Services or a State Apprenticeship employee listed on the payroll at a trainee rate who is not registered
Agency(where appropriate)to be eligible for probationary and participating in a training plan approved by the Employment and
employment as an apprentice. Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work
The allowable ratio of apprentices to journeymen on the job site in actually performed.In addition,any trainee performing work on the
any craft classification shall not be greater than the ratio permitted to job site in excess of the ratio permitted under the registered program
the contractor as to the entire work force under the registered shall be paid not less than the applicable wage rate on the wage
program.Any worker listed on a payroll at an apprentice wage rate, determination for the work actually performed.
who is not registered or otherwise employed as stated above,shall
be paid not less than the applicable wage rate on the wage In the event the Employment and Training Administration withdraws
determination for the classification of work actually performed.In approval of a training program,the contractor will no longer be
addition,any apprentice performing work on the job site in excess of permitted to utilize trainees at less than the applicable predetermined
the ratio permitted under the registered program shall be paid not rate for the work performed until an acceptable program is approved.
less than the applicable wage rate on the wage determination for the
work actually performed.Where a contractor is performing c. Equal employment opportunity.The utilization of apprentices,
construction on a project in a locality other than that in which its trainees and journeymen under this part shall be in conformity with
program is registered,the ratios and wage rates(expressed in the equal employment opportunity requirements of Executive Order
percentages of the journeyman's hourly rate)specified in the 11246,as amended,and 29 CFR part 30.
contractor's or subcontractor's registered program shall be
observed.
Attachment No. 3 Page 16 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
d. Apprentices and Trainees(programs of the U.S.DOT). V.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Apprentices and trainees working under apprenticeship and skill Pursuant to 29 CFR 5.5(b),the following clauses apply to any
training programs which have been certified by the Secretary of Federal-aid construction contract in an amount in excess of$100,000
Transportation as promoting EEO in connection with Federal-aid and subject to the overtime provisions of the Contract Work Hours
highway construction programs are not subject to the requirements and Safety Standards Act.These clauses shall be inserted in addition
of paragraph 4 of this Section IV.23 CFR 230.111(e)(2).The to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6.As used in
straight time hourly wage rates for apprentices and trainees under this paragraph,the terms laborers and mechanics include watchmen
such programs will be established by the particular programs.The and guards.
ratio of apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program. 1. Overtime requirements.No contractor or subcontractor
contracting for any part of the contract work which may require or
5. Compliance with Copeland Act requirements.The contractor involve the employment of laborers or mechanics shall require or
shall comply with the requirements of 29 CFR part 3,which are permit any such laborer or mechanic in any workweek in which he or
incorporated by reference in this contract as provided in 29 CFR 5.5. she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at
6. Subcontracts.The contractor or subcontractor shall insert Form a rate not less than one and one-half times the basic rate of pay for all
FHWA-1273 in any subcontracts and also require the hours worked in excess of forty hours in such workweek.29 CFR 5.5.
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts.The prime contractor shall be responsible for the 2.Violation;liability for unpaid wages;liquidated damages.In the
compliance by any subcontractor or lower tier subcontractor with all event of any violation of the clause set forth in paragraph 1 of this
the contract clauses in 29 CFR 5.5: section,the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages.In addition,such contractor and
7. Contract termination:debarment.A breach of the contract subcontractor shall be liable to the United States(in the case of work
clauses in 29 CFR 5.5 may be grounds for termination of the done under contract for the District of Columbia or a territory,to such
contract,and for debarment as a contractor and a subcontractor as District or to such territory),for liquidated damages.Such liquidated
provided in 29 CFR 5.12. damages shall be computed with respect to each individual laborer or
mechanic,including watchmen and guards,employed in violation of
8. Compliance with Davis-Bacon and Related Act the clause set forth in paragraph 1 of this section,in the sum currently
requirements.All rulings and interpretations of the Davis-Bacon provided in 29 CFR 5.5(b)(2)*for each calendar day on which such
and Related Acts contained in 29 CFR parts 1,3,and 5 are herein individual was required or permitted to work in excess of the standard
incorporated by reference in this contract as provided in 29 CFR 5.5. workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph 1 of this section.29 CFR
9. Disputes concerning labor standards.As provided in 29 CFR 5.5.
5.5,disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this 27 as of January 23,2019(See 84 FR 213-01,218)as may be
contract.Such disputes shall be resolved in accordance with the adjusted annually by the Department of Labor;pursuant to the
procedures of the Department of Labor set forth in 29 CFR parts 5, Federal Civil Penalties Inflation Adjustment Act of 1990).
6,and 7.Disputes within the meaning of this clause include disputes
between the contractor(or any of its subcontractors)and the 3.Withholding for unpaid wages and liquidated damages.The
contracting agency,the U.S.Department of Labor,or the employees FHWA or the contacting agency shall upon its own action or upon
or their representatives.written request of an authorized representative of the Department of
Labor withhold or cause to be withheld,from any moneys payable on
10.Certification of eligibility(29 CFR 5.5) account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime
a. By entering into this contract,the contractor certifies that contractor,or any other federally-assisted contract subject to the
neither it(nor he or she)nor any person or firm who has an interest Contract Work Hours and Safety Standards Act,which is held by the
in the contractor's firm is a person or firm ineligible to be awarded same prime contractor,such sums as may be determined to be
Government contracts by virtue of section 3(a)of the Davis-Bacon necessary to satisfy any liabilities of such contractor or subcontractor
Act or 29 CFR 5.12(a)(1). for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph 2 of this section.29 CFR 5.5.
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of 4.Subcontracts.The contractor or subcontractor shall insert in any
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). subcontracts the clauses set forth in paragraphs 1 through 4 of this
section and also a clause requiring the subcontractors to include
c. The penalty for making false statements is prescribed in the these clauses in any lower tier subcontracts.The prime contractor
U.S.Criminal Code, 18 U.S.C. 1001. shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of
this section.29 CFR 5.5.
Attachment No. 3 Page 17 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
VI.SUBLETTING OR ASSIGNING THE CONTRACT 5.The 30-percent self-performance requirement of.paragraph(1)is not
applicable to design-build contracts;however,contracting agencies
This provision is applicable to all Federal-aid construction contracts may establish their own self-performance requirements.23 CFR
on the National Highway System pursuant to 23 CFR 635.116. 635.116(d).
1.The contractor shall perform with its own organization contract VII.SAFETY:ACCIDENT PREVENTION
work amounting to not less than 30 percent(or a greater percentage
if specified elsewhere in the contract)of the total original contract This provision is applicable to all Federal-aid construction contracts
price,excluding any specialty items designated by the contracting and to all related subcontracts.
agency.Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted 1.In the performance of this contract the contractor shall comply with
from the total original contract price before computing the amount of all applicable Federal,State,and local laws governing safety,health,
work required to be performed by the contractor's own organization and sanitation(23 CFR Part 635).The contractor shall provide all
23 CFR 635.116). safeguards,safety devices and protective equipment and take any
other needed actions as it determines,or as the contracting officer
a. The term"perform work with its own organization"in paragraph may determine,to be reasonably necessary to protect the life and
1 of Section VI refers to workers employed or leased by the prime health of employees on the job and the safety of the public and to
contractor,and equipment owned or rented by the prime contractor, protect property in connection with the performance of the work
with or without operators.Such term does not include employees or covered by the contract.23 CFR 635.108.
equipment of a subcontractor or lower tier subcontractor,agents of
the prime contractor,or any other assignees.The term may include 2.It is a condition of this contract,and shall be made a condition of
payments for the costs of hiring leased employees from an each subcontract,which the contractor enters into pursuant to this
employee leasing firm meeting all relevant Federal and State contract,that the contractor and any subcontractor shall not permit
regulatory requirements.Leased employees may only be included in any employee,in performance of the contract,to work in surroundings
this term if the prime contractor meets all of the following conditions: or under conditions which are unsanitary,hazardous or dangerous to
based on longstanding interpretation) his/her health or safety,as determined under construction safety and
health standards(29 CFR Part 1926)promulgated by the Secretary of
1)the prime contractor maintains control over the supervision of Labor,in accordance with Section 107 of the Contract Work Hours
the day-to-day activities of the leased employees; and Safety Standards Act(40 U.S.C.3704).29 CFR 1926.10.
2)the prime contractor remains responsible for the quality of the 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that the
work of the leased employees; Secretary of Labor or authorized representative thereof,shall have
right of entry to any site of contract performance to inspect or
3)the prime contractor retains all power to accept or exclude investigate the matter of compliance with the construction safety and
individual employees from work on the project;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
4)the prime contractor remains ultimately responsible for the U.S.C.3704).
payment of predetermined minimum wages,the submission of
payrolls,statements of compliance and all other Federal . VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
regulatory requirements.
This provision is applicable to all Federal-aid construction contracts
b. "Specialty Items"shall be construed to be limited to work that and to all related subcontracts.
requires highly specialized knowledge,abilities,or equipment not
ordinarily available in the type of contracting organizations qualified In order to assure high quality and durable construction in conformity
and expected to bid or propose on the contract as a whole and in with approved plans and specifications and a high degree of reliability
general are to be limited to minor components of the overall on statements and representations made by engineers,contractors,
contract.23 CFR 635.102. suppliers,and workers on Federal-aid highway projects,it is essential
that all persons concerned with the project perform their functions as
2.Pursuant to 23 CFR 635.116(a),the contract amount upon which carefully,thoroughly,and honestly as possible.Willful falsification,
the requirements set forth in paragraph(1)of Section VI is distortion,or misrepresentation with respect to any facts related to the
computed includes the cost of material and manufactured products project is a violation of Federal law.To prevent any misunderstanding
which are to be purchased or produced by the contractor under the regarding the seriousness of these and similar acts,Form FHWA-1022
contract provisions. shall be posted on each Federal-aid highway project(23 CFR Part
635)in one or more places where it is readily available to all persons
3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish(a)a concerned with the project:
competent superintendent or supervisor who is employed by the
firm,has full authority to direct performance of the work in 18 U.S.C.1020 reads as follows:
accordance with the contract requirements,and is in charge of all
construction operations(regardless of who performs the work)and "Whoever,being an officer,agent,or employee of the United States,
b)such other of its own organizational resources(supervision, or of any State or Territory,or whoever,whether a person,
management,and engineering services)as the contracting officer association,firm,or corporation,knowingly makes any false
determines is necessary to assure the performance of the contract. statement,false representation,or false report as to the character,
quality,quantity,or cost of the material used or to be used,or the
4.No portion of the contract shall be sublet,assigned or otherwise quantity or quality of the work performed or to be performed,or the
disposed of except with the written consent of the contracting officer,or . cost thereof in connection with the submission of plans,maps,
authorized representative,and such consent when given shall not be specifications,contracts,or costs of construction on any highway or
construed to relieve the contractor of any responsibility for the fulfillment related project submitted for approval to the Secretary of
of the contract.Written consent will be given only after the contracting Transportation;or
agency has assured that each subcontract is evidenced in writing and
that it contains all pertinent provisions and requirements of the prime
contract.(based on long-standing interpretation of 23 CFR 635.116).
Attachment No. 3 Page 18 of 29.
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Whoever knowingly makes any false statement,false c. The certification in this clause is a material representation of fact
representation,false report or false claim with respect to the upon which reliance was placed when the contracting agency
character,quality,quantity,or cost of any work performed or to be determined to enter into this transaction.If it is later determined that the
performed,or materials furnished or to be furnished,in connection prospective participant knowingly rendered an erroneous certification,in
with the construction of any highway or related project approved addition to other remedies available to the Federal Government,the
by the Secretary of Transportation;or contracting agency may terminate this transaction for cause of default.2
CFR 180.325.
Whoever knowingly makes any false statement or false
representation as to material fact in any statement,certificate,or d. The prospective first tier participant shall provide immediate written
report submitted pursuant to provisions of the Federal-aid Roads notice to the contracting agency to whom this proposal is submitted if
Act approved July 11, 1916,(39 Stat.355),as amended and any time the prospective first tier participant learns that its certification
supplemented; was erroneous when submitted or has become erroneous by reason of
changed circumstances.2 CFR 180.345 and 180.350.
Shall be fined under this title or imprisoned not more than 5 years
or both." e. The terms"covered transaction,""debarred,""suspended,"
ineligible,""participant,""person,""principal,"and"voluntarily excluded,"
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL as used in this clause,are defined in 2 CFR Parts 180,Subpart I,
WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 CFR 180.900-180.1020,and 1200."First Tier Covered Transactions"refers to
200.88;EO 11738) any covered transaction between a recipient or subrecipient of Federal
funds and a participant(such as the prime or general contract)."Lower
This provision is applicable to all Federal-aid construction Tier Covered Transactions"refers to any covered transaction under a
contracts in excess of$150,000 and to all related subcontracts.48 First Tier Covered Transaction(such as subcontracts)."First Tier
CFR 2.101;2 CFR 200.326. Participant"refers to the participant who has entered into a covered
transaction with a recipient or subrecipient of Federal funds(such as the
By submission of this bid/proposal or the execution of this contract prime or general contractor)."Lower Tier Participant"refers any
or subcontract,as appropriate,the bidder,proposer,Federal-aid participant who has entered into a covered transaction with a First Tier
construction contractor,subcontractor,supplier,or vendor agrees Participant or other Lower Tier Participants(such as subcontractors and
to comply with all applicable standards,orders or regulations suppliers).
issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q)and
the Federal Water Pollution Control Act,as amended(33 U.S.C..f. The prospective first tier participant agrees by submitting this
1251-1387).Violations must be reported to the Federal Highway proposal that,should the proposed covered transaction be entered into,
Administration and the Regional Office of the Environmental it shall not knowingly enter into any lower tier covered transaction with a
Protection Agency.2 CFR Part 200,Appendix II. person who is debarred,suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction,unless authorized
The contractor agrees to include or cause to be included the by the department or agency entering into this transaction.2 CFR
requirements of this Section in every subcontract,and further 180.330.
agrees to take such action as the contracting agency may direct
as a means of enforcing such requirements.2 CFR 200.326. g. The prospective first tier participant further agrees by submitting this
proposal that it will include the clause titled"Certification Regarding
X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier
INELIGIBILITY AND VOLUNTARY EXCLUSION Covered Transactions,"provided by the department or contracting
agency,entering into this covered transaction,without modification,in all
This provision is applicable to all Federal-aid construction lower tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold.2 CFR 180.220
subcontracts,purchase orders,lease agreements,consultant and 180.300.
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost$25,000 or more—as defined h. A participant in a covered transaction may rely upon a certification
in 2 CFR Parts 180 and 1200.2 CFR 180.220 and 1200.220. of a prospective participant in a lower tier covered transaction that is not
debarred,suspended,ineligible,or voluntarily excluded from the covered
1.Instructions for Certification—First Tier Participants: transaction,unless it knows that the certification is erroneous.2 CFR
180.300; 180.320,and 180.325.A participant is responsible for ensuring
a. By signing and submitting this proposal,the prospective first that its principals are not suspended,debarred,or otherwise ineligible to
tier participant is providing the certification set out below. participate in covered transactions.2 CFR 180.335.To verify the
eligibility of its principals,as well as the eligibility of any lower tier
b. The inability of a person to provide the certification set out prospective participants,each participant may,but is not required to,
below will not necessarily result in denial of participation in this check the System for Award Management website
covered transaction.The prospective first tier participant shall https://www.sam.gov/).2'CFR 180.300, 180.320,and 180.325.
submit an explanation of why it cannot provide the certification set
out below.The certification or explanation will be considered in i. Nothing contained in the foregoing shall be construed to require the
connection with the department or agency's determination whether establishment of a system of records in order to render in good faith the
to enter into this transaction.However,failure of the prospective certification required by this clause.The knowledge and information of
first tier participant to furnish a certification or an explanation shall the prospective participant is not required to exceed that which is
disqualify such a person from participation in this transaction.2 normally possessed by a prudent person in the ordinary course of
CFR 180.320.business dealings.
Attachment No. 3 Page 19 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
j. Except for transactions authorized under paragraph(f)of these b. The certification in this clause is a material representation of fact
instructions,if a participant in a covered transaction knowingly upon which reliance was placed when this transaction was entered
enters into a lower tier covered transaction with a person who is into.If it is later determined that the prospective lower tier participant
suspended,debarred,ineligible,or voluntarily excluded from knowingly rendered an erroneous certification,in addition to other
participation in this transaction,in addition to other remedies remedies available to the Federal Government,the department,or
available to the Federal Government,the department or agency agency with which this transaction originated may pursue available
may terminate this transaction for cause or default.2 CFR 180.325. 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
2.Certification Regarding Debarment,Suspension,Ineligibility any time the prospective lower tier participant learns that its
and Voluntary Exclusion—First Tier Participants: certification was erroneous by reason of changed circumstances.2
CFR 180.365.
a. The prospective first tier participant certifies to the best of its
knowledge and belief,that it and its principals: d. The terms"covered transaction,""debarred,""suspended,"
ineligible,""participant,""person,""principal,"and"voluntarily
1)Are not presently debarred,suspended,proposed for excluded,"as used in this clause,are defined in 2 CFR Parts 180,
debarment,declared ineligible,or voluntarily excluded from Subpart I, 180.900—180.1020,and 1200.You may contact the
participating in covered transactions by any Federal department person to which this proposal is submitted for assistance in obtaining
or agency,2 CFR 180.335;. a copy of those regulations."First Tier Covered Transactions"refers
to any covered transaction between a recipient or subrecipient of
2)Have not within a three-year period preceding this proposal Federal funds and a participant(such as the prime or general
been convicted of or had a civil judgment rendered against them contract)."Lower Tier Covered Transactions"refers to any covered
for commission of fraud or a criminal offense in connection with transaction under a First Tier Covered Transaction(such as
obtaining,attempting to obtain,or performing a public(Federal, subcontracts)."First Tier Participant"refers to the participant who has
State,or local)transaction or contract under a public transaction; entered into a covered transaction with a recipient or subrecipient of
violation of Federal or State antitrust statutes or commission of Federal funds(such as the prime or general contractor)."Lower Tier
embezzlement,theft,forgery,bribery,falsification or destruction Participant"refers any participant who has entered into a covered
of records,making false statements,or receiving stolen property, transaction with a First Tier Participant or other Lower Tier
2 CFR 180.800; Participants(such as subcontractors and suppliers).
3)Are not presently indicted for or otherwise criminally or civilly e. The prospective lower tier participant agrees by submitting this
charged by a governmental entity(Federal,State or local)with proposal that,should the proposed covered transaction be entered
commission of any of the offenses enumerated in paragraph into,it shall not knowingly enter into any lower tier covered
a)(2)of this certification,2 CFR 180.700 and 180.800;and transaction with a person who is debarred,suspended,declared
ineligible,or voluntarily excluded from participation in this covered
4)Have not within a three-year period preceding this transaction,unless authorized by the department or agency with
application/proposal had one or more public transactions which this transaction originated.2 CFR 1200.220 and 1200.332.
Federal,State or local)terminated for cause or default.2 CFR
180.335(d). f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
5)Are not a corporation that has been convicted of a felony Certification Regarding Debarment,Suspension,Ineligibility and
violation under any Federal law within the two-year period Voluntary Exclusion-Lower Tier Covered Transaction,"without
preceding this proposal(USDOT Order 4200.6 implementing modification,in all lower tier covered transactions and in all
appropriations act requirements);and solicitations for lower tier covered transactions exceeding the
25,000 threshold.2 CFR 180.220 and 1200.220.
6)Are not a corporation with any unpaid Federal tax liability that
has been assessed,for which all judicial and administrative g. A participant in a covered transaction may rely upon a
remedies have been exhausted,or have lapsed,and that is not certification of a prospective participant in a lower tier covered
being paid in a timely manner pursuant to an agreement with the transaction that is not debarred,suspended,ineligible,or voluntarily
authority responsible for collecting the tax liability(USDOT Order excluded from the covered transaction,unless it knows that the
4200.6 implementing appropriations act requirements). certification is erroneous.A participant is responsible for ensuring
that its principals are not suspended,debarred,or otherwise
b. Where the prospective participant is unable to certify to any of ineligible to participate in covered transactions.To verify the eligibility
the statements in this certification,such prospective participant of its principals,as well as the eligibility of any lower tier prospective
should attach an explanation to this proposal.2 CFR 180.335 and participants,each participant may,but is not required to,check the
180.340. System for Award Management website(https://www.sam.00v/),
which is compiled by the General Services Administration.2 CFR
3.Instructions for Certification-Lower Tier Participants: 180.300,180.320,180.330,and 180.335.
Applicable to all subcontracts,purchase orders,and other lower tier h. Nothing contained in the foregoing shall be construed to require
transactions requiring prior FHWA approval or estimated to cost establishment of a system of records in order to render in good faith
25,000 or more-2 CFR Parts 180 and 1200).2 CFR 180.220 and the certification required by this clause.The knowledge and
1200.220. information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
a. By signing and submitting this proposal,the prospective lower tier business dealings.
participant is providing the certification set out below.
Attachment No. 3 Page 20 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
i. Except for transactions authorized under paragraph e of these 2.This certification is a material representation of fact upon which '
instructions,if a participant in a covered transaction knowingly reliance was placed when this transaction was made or entered into.
enters into a lower tier covered transaction with a person who is Submission of this certification is a prerequisite for making or
suspended,debarred,ineligible,or voluntarily excluded from entering into this transaction imposed by 31 U.S.C. 1352.Any person
participation in this transaction,in addition to other remedies who fails to file the required certification shall be subject to a civil
available to the Federal Government,the department or agency with penalty of not less than$10,000 and not more than$100,000 for
which this transaction originated may pursue available remedies,each such failure.
including suspension and/or debarment.2 CFR 180.325.
3.The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts,which exceed
Certification Regarding Debarment,Suspension,Ineligibility 100,000 and that all such recipients shall certify and disclose
and Voluntary Exclusion--Lower Tier Participants: accordingly.
1. The prospective lower tier participant certifies,by submission of XII.USE OF UNITED STATES-FLAG VESSELS:
this proposal,that neither it nor its principals:
This provision is applicable to all Federal-aid construction contracts,
a)is presently debarred,suspended,proposed for debarment, design-build contracts,subcontracts,lower-tier subcontracts,
declared ineligible,or voluntarily excluded from participating in purchase orders,lease agreements,or any other covered
covered transactions by any Federal department or agency,2 transaction.46 CFR Part 381.
CFR 180.355;
This requirement applies to material or equipment that is acquired for
b)is a corporation that has been convicted of a felony violation a specific Federal-aid highway project.46 CFR 381.7.It is not
under any Federal law within the two-year period preceding this applicable to goods or materials that come into inventories
proposal(USDOT Order 4200.6 implementing appropriations act independent of an FHWA funded-contract.
requirements);and
When oceanic shipments(or shipments across the Great Lakes)are
c)is a corporation with any unpaid Federal tax liability that has necessary for materials or equipment acquired for a specific Federal-
been assessed,for which all judicial and administrative remedies aid construction project,the bidder,proposer,contractor,
have been exhausted,or have lapsed,and that is not being paid subcontractor,or vendor agrees:
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.(USDOT Order 4200.6 1. To utilize privately owned United States-flag commercial vessels
implementing appropriations act requirements) to ship at least 50 percent of the gross tonnage(computed
separately for dry bulk carriers,dry cargo liners,and tankers)
2. Where the prospective lower tier participant is unable to certify to involved,whenever shipping any equipment,material,or
any of the statements in this certification,such prospective commodities pursuant to this contract,to the extent such vessels are
participant should attach an explanation to this proposal. available at fair and reasonable rates for United States-flag
commercial vessels.46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
Xl.CERTIFICATION REGARDING USE OF CONTRACT FUNDS shipments originating within the United States or within 30 working
FOR LOBBYING days following the date of loading for shipments originating outside
the United States,a legible copy of a rated,'on-board'commercial
This provision is applicable to all Federal-aid construction contracts ocean bill-of-lading in English for each shipment of cargo described
and to all related subcontracts which exceed$100,000.49 CFR Part in paragraph(b)(1)of this section to both the Contracting Officer
20,App.A. through the prime contractor in the case of subcontractor bills-of-
lading)and to the Office of Cargo and Commercial Sealift(MAR-
1. The prospective participant certifies,by signing and submitting this 620),Maritime Administration,Washington,DC 20590.(MARAD
bid or proposal,to the best of his or her knowledge and belief,that: requires copies of the ocean carrier's(master)bills of lading,certified
onboard,dated,with rates and charges.These bills of lading may
a. No Federal appropriated funds have been paid or will be paid,by contain business sensitive information and therefore may be
or on behalf of the undersigned,to any person for influencing or submitted directly to MARAD by the Ocean Transportation
attempting to influence an officer or employee of any Federal agency, Intermediary on behalf of the contractor).46 CFR 381.7.
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.
Attachment No. 3 Page 21 of 29
November 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
Goal
Area
Percent)
Redding CA:
174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: 6.8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA 28.9
CA Monterey
7360 San Francisco-Oakland
25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA 19.6
176 CA Santa Clara, CA
7485 Santa Cruz, CA
14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento,CA:
SMSA Counties:
177 6920 Sacramento, CA 16.1
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA
Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178
CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
Attachment No. 3 Page 22 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
28 3
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
21.5
180 CA Ventura
19.0
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino 19.7
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara 24.6'
Non-SMSA Counties
CA lnyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
7320 San Diego, CA 16.9
181 CA San Diego
Non-SMSA Counties 18.2
CA Imperial
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,
Attachment No. 3 Page 23 of 29
November 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 limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
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
Attachment No. 3 Page 24 of 29
November 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.)
Attachment No. 3 Page 25 of 29
November 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.
r
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);
Attachment No. 3 Page 26 of 29
November 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).
Attachment No. 3 Page 27 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Federal Trainee Program Special Provisions
to be used when applicable)
14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices 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/County of
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 successfully completed a training course
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 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
Attachment No. 3 Page 28 of 29
November 2022
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
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 this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and
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.
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.
15. 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.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of
compliance.The certificate must state telecommunications and video surveillance equipment was not procured
or obtained from manufacturers identified in the above list.
Attachment No. 3 Page 29 of 29
November 2022
Attachment No. 4
LABOR RELATIONS DOCUMENTS
Beneath this sheet.]
U.S. Department of Labor PAYROLL
Wage and Hour Division For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)U.S:Dave and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev.Dec.2008
NAME OF CONTRACTOR D OR SUBCONTRACTOR 0 ADDRESS
OMB No.:1235-0008
Expires:07/31/2024
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.
1) 2) 3) 4)DAY AND DATE 5) (6) 7)9)
z ti DEDUCTIONS
90 U
NET
NAME AND INDIVIDUAL IDENTIFYING NUMBER
o o GROSS WITH- WAGES
e.g.,LAST FOUR DIGITS OF SOCIAL SECURITY =w WORK o TOTAL I RATE AMOUNT HOLDING I TOTAL PAID
NUMBER)OF WORKER z S w CLASSIFICATION HOURS WORKED EACH DAY HOURS . OF PAY •EARNED FICA TAX OTHER DEDUCTIONS FOR WEEK
o
s
0
0
s
0
S
0
i
s 1///,0
s
0
s
While completion of Form WH-347 is optional,it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R.§§3.3,5.5(a).The Copeland Act
40 U.S.C.§3145)contractors and subcontractors performing work on Federally financed or assisted construction contracts to"furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S.Department of Labor(DOL)regulations at
29 C.F.R.§5.5(a)(3)(ii)require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project,accompanied by a signed"Statement of Compliance"indicating that the payrolls are correct and complete and that each laborer
or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed.DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.If you have
any comments regarding these estimates or any other aspect of this collection,including suggestions for reducing this burden,send them to the Administrator,Wage and Hour Division,U.S.Department of Labor,Room S3502,200 Constitution Avenue,N.W.
Washington,D.C.20210
over)
LR-1 Attachment No. 4
Date
b)WHERE FRINGE BENEFITS ARE PAID IN CASH
I,
Name of Signatory Party) Title)
Each laborer or mechanic listed in the above referenced payroll has been paid,
as indicated on the payroll,an amount not less than the sum of the applicable
do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract,except as noted in section 4(c)below.
1)That I pay or supervise the payment of the persons employed by
c)EXCEPTIONS
on the
Contractor or Subcontractor) EXCEPTION(CRAFT)EXPLANATION
that during the payroll period commencing on the
Building or Work)
day of and ending the day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have
been or will be made either directly or indirectly to or on behalf of said
from the full
Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any person,other than permissible deductions as defined in Regulations,Part
3(29 C.F.R.Subtitle A),issued by the Secretary of Labor under the Copeland Act,as'amended(48 Stat.948,
63 Stat.108,72 Stat.967;76 Stat.357;40 U.S.C.§3145),and described below:
REMARKS:
2)That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract;that the classifications
set forth therein for each laborer or mechanic conform with the work he performed.
3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and
Training,United States Department of Labor,or if no such recognized agency exists in a State,are registered
with the Bureau of Apprenticeship and Training,United States Department of Labor.
4)That:
a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS NAME AND TITLE SIGNATURE
in addition to the basic hourly wage rates paid to each laborer or mechanic listed in
the above referenced payroll, payments of fringe benefits as listed in the contract THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
have been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF
except as noted in section 4(c)below. TITLE 31 OF THE UNITED STATES CODE.
LR-2 Attachment No. 4
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
CONTRACTOR PAYROLL SUBCONTRACTOR PAYROLL PERSONAL INFORMATION NOTICE
CEM-2502(REV 4/2001) Pursuant to the Federal Privacy Act(P.L.93-579)and the Information Practices Act of 1977(Civt Code Sections 1798,et seq.),notice is hereby given for the request of
ADA Notice personal information by this form. The requested personal Information is voluntary. The principle purpose of the voluntary information is so the department can fulfill
thForindividualswithsensorydisabilities,this document is available in alternate formats. For information call(916)654-6410 the unless
e needdeof the form.The failure to provide all or any part of the requested information may delay processing of this form.No disclosure of personal information will be •
permissible under Article 6,Section 1798.24 of the IPA of 1977. Each individual has the right upon request end proper identification,to inspect all
orTDD(916)654-3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. personal information in any record maintained on the individual by an identifying particular.Direct any inquiries on information maintenance to your IPA Officer.
CONTRACTOR/SUBCONTRACTOR BUSINESS ADDRESS
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION CONTRACT NUMBER FEDERAL AID NUMBER
DAY AND DATENUMBER ' T GROSS AMOUNT 4"
4
DEDUCTIONS NET;:
EARNED. BASED ON GROSS AMOUNTcEARNED ALL PROJECTS) „WAGES1A: c....x,:. a .,r^*.,r',.+. isz.a,.,m r.: •:.k,w.::'.. _;e.: .. CK" 6NAMEADDRESSANDSOCIALSECURITYNUMBERHOLDINGWORK"CLASSIFICATION ORHOLOINr
I tPAID; NOSFOR; `tg4A0 .' ,-
p'' EXEMPTIONS £ - .L, +" OT
TOTAL ^'RATE: THIS ALL FED (SOCIAL STATE TOTAL WEEK 'ur""".„ „',ww . }„,....,are'L"''`x G,'T".r ."`'y { ax, }
F£:x«., L HOURS WORKED EACH DAY
HRS.
I
OF PAY PROJECT PROJECTS TAX SECURITY( TAX SDI VAC OTHER DEDUCTIONS v#.,.v1.£& `,
S
0
S
0
0
S
0
S
0
S
0
0
S
0
S
0
CEM-2502(REV 4/2001)
LR-3 Attachment No.4
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
STATEMENT OF COMPLIANCE
CEM-2503(REV 05/2019) Page 1 of 2
CONTRACTOR/SUBCONTRACTOR CONTRACT NUMBER
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION NUMBER CONTRACTORS STATE LICENSE BOARD NUMBER
FIRST DAY AND DATE OF PAY PERIOD LAST DAY AND DATE OF PAY PERIOD
I do hereby certify under penalty of perjury:
1)That I pay or supervise payment to employees of the above-referenced contractor on the above-referenced contract.All persons employed
on said project for the above-referenced time period have been paid their full weekly wages earned,that no rebates have been or will be made
either directly or indirectly to or on behalf of said contractor from the full weekly wages earned by any person and that no deductions have been
made either directly or indirectly from the full wages earned by any person other than permissible deductions.
2)That any payrolls otherwise under this control required to be submitted for the above period are correct and complete;that the wage rates
for laborers or mechanics contained therein are not less that the applicable wages rates:
a) Specified in the applicable wage determination incorporated into the contract;
b) Determined by the Director of Industrial Relations for the county or counties in which the work is performed;that the classification
set forth therein for each laborer or mechanic conform with the work he or she performed.
3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State
apprenticeship agency.
4)That fringe benefits as listed in the contract:
a) Have been or will be paid to the approved plan(s),fund(s),or program(s)for the benefit of listed employee(s),except as
noted below.
b) Have been paid directly to the listed employee(s),except as noted below.
c) See exceptions noted below.
EXCEPTION CRAFT EXPLANATION
REMARKS
NAME(PLEASE PRINT) TITLE
SIGNATURE DATE
On federally-funded projects, permissible deductions are defined in Code of Federal Regulations,Title 29, Part 3.
Also,the willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution(see
United States Code,Title 18,Section 1001 and Title 31,Section 3729).
ADA Notice For individuals with sensory disabilities,this document is available in alternate formats. For alternate format information, contact the.Forms
Management Unit at(916)445-1233,TTY 711,or write to Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
LR-4 Attachment No. 4
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
STATEMENT OF COMPLIANCE
CEM-2503(REV 05/2019) Page 2 of 2
This statement of compliance meets needs of the,state and federal payroll requirements to pay fringe benefits in addition to payment of the
minimum rates.The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various preapproved plans,funds,
or programs or by making these payments directly to the employees as part of their weekly wage payments.
The contractor must show on the face of his or her payroll all monies paid to the employees whether as basic rates or total hourly wage
amount in lieu of fringes.The contractor shall report in the statement of compliance that he or she is paying to others fringes required by the
contract and not paid directly to the employees in lieu of fringes.
INSTRUCTIONS:
Contractors required to pay Federal Wage Rates:
Such a contractor shall check paragraph 2(a)of the statement to indicate that the wage rates for laborers or mechanics contained in the payroll
are not less than the applicable wage rates specified in the applicable wage determination incorporated into the contract.
Contractors required to pay the State Prevailing Wage Rates as determined by the Director of Industrial Relations:
Such a contractor shall check paragraph 2(b)of the statement to indicate that the wage rates for laborers or mechanics contained in the payroll
are not less than the applicable wage rates determined by the Director of Industrial Relations for the county or counties in which the work is
preformed.
Contractor who pay all required fringe benefits:
A contractor who pays fringe benefits to approved plans,funds,or programs in amounts not less than were determined in the applicable wage
decisions shall continue to show on the face of his or her payroll the basic hourly rate and overtime rate paid to his or her employees,just as he
or she has always done.Such a contractor shall check paragraph 4(a)of the statement to indicate that he or she is also paying approved plans,
funds,or programs within the times required for the receipt of those sums, not less than the amount predetermined as fringe benefits for each
craft.Any exception shall be noted in Section 4(c).
Contractors who pay no fringe benefits:
A contractor who does not pay fringe benefits to an approved plan shall pay a like amount to the employee.This payment can be reported by
inserting in the straight time hourly rate column of his or her payroll an amount not less than the predetermined rate for each classification plus
the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and
a half on wages paid in lieu of fringes,the overtime rate shall be not less than one and one-half the basic predetermined rate, plus the required
cash in lieu of fringes at the straight time rate.To simplify computation of overtime,it is suggested that the straight time basic rate and payment
in lieu of fringes be separately stated in the hourly rate column. In addition,the contractor shall check paragraph 4(b)of the statement to
indicate that he or she is paying fringe benefits directly to his or her employees.Any exceptions shall be noted in Section 4(c).
Use of Section 4(c),Exceptions:
Any contractor who is making payment to approved plans,funds,or programs in amounts less than the wage determination required is
obligated to pay the deficiency directly to the employees as wages in lieu of fringes.Any exceptions to Section 4(a)and 4(b),whichever the
contractor may check,shall be entered in Section 4(c). Enter in the Exception column the craft,and enter in the Explanation column the hourly
amount paid the employees as wages in lieu of fringes,and the hourly amount paid to plans,funds,or programs as fringes(see United States
Code,Title 18,Section 1001 and Title 31,Section 3729).
ADA Notice For individuals with sensory disabilities,this document is available in alternate formats. For alternate format information, contact the Forms
Management Unit at(916)445-1233,TTY 711,or write to Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
LR-5 Attachment No. 4
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
FRINGE BENEFIT STATEMENT
CEM-2501(REV 05/2019)
CONTRACTOR OR SUBCONTRACTOR(Please Print) CONTRACT NUMBER DATE
DEPARTMENT OF INDUSTRIAL REGISTRATION CONTRACTORS STATE LICENSE
FEDERAL-AID PROJECT NUMBER
NUMBER BOARD NUMBER
TO: RESIDENT ENGINEER OR DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS
Labor Compliance uses the following fringe benefits information (shown or referenced on wage rate determinations) paid to or on behalf of
employees in various crafts or classifications to check payroll or apply to force account work on the above contract.
COMPLETE AND SUBMIT THIS FORM WITH THE FIRST CERTIFIED PAYROLL OR WHEN THERE HAVE BEEN CHANGES.
Classification Fringe Benefit Hourly Amount Name and Address of Plan,Fund,or Program
Vacation $
Health and
Effective Date Welfare $
Pension $
Apprentice or
Subsistence and/or Travel Pay Training Fees $
Other
Classification Fringe Benefit Hourly Amount Name and Address of Plan,Fund,or Program
Vacation $
Health and
Effective Date Welfare $
Pension $
Apprentice or
Subsistence and/or Travel Pay Training Fees $
Other
Classification Fringe Benefit Hourly Amount Name and Address of Plan,Fund,or Program
Vacation $
Health and
Effective Date Welfare $
Pension $
Apprentice or
Subsistence and/or Travel Pay Training Fees $
Other
1 certify under penalty of perjury that fringe benefits are paid to the approved Plans,Funds, or Programs listed above.
NAME AND TITLE(Please Print)
SIGNATURE BUSINESS TELEPHONE NUMBER
If you have questions about this form,please refer to the District/Region map at http://www.dot.ca.gov/hq/construc/LaborCompliance/
for contact information in the district where the project is located.
ADA Notice This document is available in alternative accessible formats. For more information,please contact the Forms Management Unit at(279)234-2284,
TTY 711,in writing at Forms Management Unit,1120 N Street,MS-89,Sacramento,CA 95814,or by email at Forms.Management.Unit@dot.ca.gov.
LR-6 Attachment No. 4
9. U.S.DEPARTMENT OF MONTHLY EMPLOYMENT 1.Covered area(SMSA or EA) 3.Current Goals 4.Reporting Period
LABOR
Employment Standards Administration,OFCCP UTILIZATION REPORT Minority: From:
This report is required by Executive Order 11246,Sec.203.Failure to report can result in 2.Employers ID Number Female: To:
contracts being canceled,terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Federally assisted Government construction contracts.
Name and address of the Contractor Federal Funding
Agency
6.WORK HOURS OF EMPLOYMENT(Federal&Non-Federal)
5 6a. I6b. I6c. 6d. 16e. 17 8 9 10
CONSTRUCTION TOTAL ALL BLACK ASIAN OR AMERICAN Minority Female TOTAL Total No.of
TRADE Classification EMPLOYEES (not of HISPANIC PACIFIC INDIAN OR Percentage Percentage Number of Minority
BY TRADE Hispanic origin) ISLANDERS Alaskan Native Employees Employees
M FM F M F M F M F M F MF
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
TOTAL JOURNEY WORKERS
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
11.Company official's signature and Title 12.Telephone Number(Including Area Code) 13.Date signed: PAGE
OF
LR-7 Attachment No. 4
INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT(Form CC-257)
The monthly Utilization Report is to be completed by each subject contractor(both prime and sub)and signed by a responsible official of the company.The reports are
to be filed by the 5th day of each month during the term of the contract,and they shall include the total work-hours for each employee classification in each trade in the
covered area for the monthly reporting period.The prime contract shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's
aggregate work force to the Federal Compliance Agency that has Executive Order 11246 responsibility.(Additional copies of this form may be obtained from the U.S.
Department of Labor,Employment Standards Administration,OFCCP's regional office for your area).
Compliance Agency U. S.Government Agency assigned responsibility for equal employ-
ment opportunity.(Secure this information from the contracting
officer).
Federal Funding Agency U. S.Government Agency funding project(in whole or in part).If
more than one agency,list all.
Contractor Any contractor who has a construction contract with the U. S.
Government or a contract funded in whole or in part with Federal
Funds.
Minority Includes Blacks,Hispanics,American Indians,Alaskan Natives,and
Asian and Pacific Islanders-both men and women.
1.Covered Area Geographic area identified in Notice required under 41 CFR 60-4.2.
2.Employer's Identification Number Federal Social Security Number used on Employer's quarterly Federal
Tax Return(U. S.Treasury Department Form 941).
3.Current Goals(Minority and Female) See Contract Notification.
4.Reporting Period Monthly,or as directed by the compliance agency,beginning with the
effective date of contract.
5.Construction Trade Only those construction crafts which contractor employs in the
covered area.
6.Work-Hours of Employment(a-e) a. The total number of male hours and the total number of female
hours worked by employee in each classification.
b.-e.The total number of male hours and the total number of female
hours worked by each specified group of minority employees in
each classification.
Classification The level of accomplishment or status of the worker in the trade
Journey Worker,Apprentice,Trainee).
7.Minority Percentage The percentage of total minority work-hours of all work-hours(the
sum of columns 6b,6c,6d,and 6e divided by column 6a;just one
figure for each construction trade).
8.Female percentage For each trade the number reported in 6a.(F)divided by the sum of
the numbers reported in 6a(M and F).
9.Total number of employees Total number of male and total number of female employees working
in each classification of each trade in the contractor's aggregate work
force during reporting period.
10.Total number of minority employees.... Total number of male minority employees and total number of female
minority employees working in each classification in each trade in the
contractor's aggregate work force during reporting period
LR-8 Attachment No. 4
INSTRUCTIONS:Attach to the first CC257 submitted.
Submit updated notice only if the work is completed or
new contract has been received.
CONTRACTOR'S LIST OF FEDERAL AND NON-FEDERAL WORK IN THE BID CONDITION AREA
Bid Condition Area:City of Orange. Name of Contractor:
Date: Address:
I.FEDERALLY ASSISTED CONTRACTS
Name of Federal Agency funding the project. Project Name and Location. Contract/Dollar Amount Starting Date Percent Projected date
Project No. of construction complete of completion.
1.
2.
3.
4.
5.
II.NON-FEDERAL CONTRACTS
Name of Agency contracting the project. Project Name and Location. Contract/Dollar Amount Starting Date Percent Projected date
Project No. of construction .complete of completion.
1.
2.
3.
4.
5.
LR-9 Attachment No. 4
Local Assistance Procedures Manaul Exhibit 16-0
Federal-Aid Highway construction Contractors Annual EEO Report
EXHIBIT 16-0 FEDERAL-AID HIGHWAY CONSTRUCTION CONTRACTORS ANNUAL EEO REPORT
1. MARK APPROPRIATE BLOCK 2.COMPANY NAME,CITY,STATE: 3.PROJECT NUMBER: 4.DOLLAR AMOUNT OF CONTRACT: 5. PROJECT LOCATION: (County and State)
Contractor
J Subcontractor
This collection of information is required by law and regulation 23 U.S.C.140a and 23 CFR Part 230.The OMB control number for this collection is 2125-0019 expiring in March,2016.
6.WORKFORCE ON FEDERAL-AID AND CONSTRUCTION SITE(S)DURING LAST FULL PAY PERIOD ENDING IN JULY 20_ (INSERT YEAR)
4 i a , . , te a 1.04 " <s a.,TABLE A triplw TABLE B . w.
BLACK or AMERICAN INDIAN
NATIVE HAWAIIAN
TOTAL TOTAL RACIAL/ HISPANIC OR OR OTHER TWO OR MORE ON THE JOBJOBCATEGORIES
EMPLOYED ETHNIC MINORITY
AFRICAN
LATINO
OR ALASKA ASIAN
PACIFIC RACES
WHITE APPRENTICES
TRAINEESAMERICANNATIVE
ISLANDER
M F M F M F M F M F M F • M F M F M F M F M F
OFFICIALS 0 0 0 0
SUPERVISORS 0 0 0 0
FOREMEN/WOMEN 0 0 0 0
CLERICAL 0 0 0 0
EQUIPMENT OPERATORS 0 0 0 0
MECHANICS 0 0 0 ' .. 0
TRUCK DRIVERS 0 . 0 0 0
IRONWORKERS 0 0 0 0
CARPENTERS 0 0 0 0
CEMENT MASONS 0 0 0 0
ELECTRICIANS 0 0 0 0
PIPEFITTERIPLUMBERS 0 0 0 0
PAINTERS 0 0 0 0
LABORERS-SEMI SKILLED 0 0 0 0
LABORERS-UNSKILLED 0 0 0 0
TOTAL 0 o I 0 0 1 0 0 0 0 0 0 0 01 0 01 01 0 1 0 1 0 01 0 0 0
TAB*LEC a /e B otatba by'racial status)
APPRENTICES 0 0 0 0 I t a
y ,OJT TRAINEES 0 0 0 0 7•'
8.PREPARED BY: 9.DATE 10.REVIEWED BY: (Signature and Title of State Highway Official) 11.DATE
Signature and Title of Contractors Representative)
Form FHWA-1391(Rev.09-13)PREVIOUS EDITIONS ARE OBSOLETE
January 2018
Page 1 of 1
LR-10 Attachment No. 4
Local Assistance Procedures Manual Exhibit 16-Z1
Monthly DBE Trucking Verification
State of California-Department of Transportation
Exhibit 16-Z1 Monthly DBE Trucking Verification
Contract No. Month Year
Truck Owner DBE Company Truck No.California Commission of Date Lease Arrangement
Cert No.Name and Address Highway Patrol Amount Of Paid if applicable)
CA.No. Amount Paid*
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Lease Agreement
with NON-DBE
with DBE
Total Amount $
Paid
Prime Contractor Business Address Business Phone No.
Upon Request all Lease Agreements Shall be made available,in accordance with the special Provisions
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
Contractor Representative Signature Title Date
Page l of 2
January 2018
LR-11 Attachment No. 4
Local Assistance Procedures Manual Exhibit 16-Z1
Monthly DBE Trucking Verification.
MONTHLY DBE TRUCKING VERIFFICATION
The top of Form CEM-2404(F) contains boxes to put in the Contract Number,the Month of the reporting period and the Year of the
reporting period.
The Form CEM-2404(F) has a column to enter the name of the Truck Owner,the DBE Cert. No. (if DBE certified) and the Name and Address
of the trucking company.The Form CEM-2404(F) also requires the Truck No.and the California Highway Patrol CA No.
Form CEM-2404(F) is to be submitted prior to the 15th of each month and must show the dollar amount paid to the DBE trucking
company(s)for trucking work performed by DBE certified trucks and for any fees or commissions of non DBE trucks utilized each month on
the project.The amount paid to each trucking company is to be entered in the column called"Commission or Amount Paid," in accordance
with the Special Provisions Section 5-1.X.
Payment information is derived using the following:
1.) 100%for the trucking services provided by the DBE using trucks it owns,operates and insures.
2.) 100% for the trucking services provided by the trucks leased from other DBE firms.
3.) The fee or commission paid to non DBEs for the lease of trucks.The Prime does not receive 100% credit for these services
because they are not provided by a DBE company.
The total dollar figure of this column is to be placed in the box labeled"Total Amount Paid."The column"Date Paid"requires a date that
each trucking company is paid for services rendered.The next column contains information that must be completed if a lease arrangement is
applicable.Located at the bottom of the form is a space to put the name of the"Prime Contractor," their"Business Address" and their
Business Phone No."
At the bottom of the form there is a space for the Contractor or designee"Contractor Representative's Signature,Title and Date" certifying
that the information provided on the form is complete and correct.
Page 2 of 2
January 2018
LR-12 Attachment No. 4
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises(DBE)and First-Tier Subcontractors
EXHIBIT 17-F FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES(DBE)AND FIRST-TIER SUBCONTRACTORS
1.Local Agency Contract Number 2.Federal-Aid Project Number 3.Local Agency 4.Contract Completion Date
Bid No. 22-23.18 HSIPL-5073(090) City of Orange
5.Contractor/Consultant 6.Business Address 7.Final Contract Amount
8.Contract 11.DBE 12.Contract Payments 13.Date 14.Date of9.Description of Work,Service,or 10.Company Name andItem
Materials Supplied Business Address
Certification Work Final
Number Number Non-DBE DBE Completed Payment.
15.ORIGINAL DBE COMMITMENT AMOUNT $16.TOTAL
List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit:If actual DBE utilization(or item of work)was different than that approved at the time of '
award,provide comments on an additional page.List actual amount paid to each entity.If no subcontractors/subconsultants were used on the contract,indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
17.Contractor/Consultant Representative's Signature 18.Contractor/Consultant Representative's Name 19.Phone 20.Date
714-744-5562
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S)HAS BEEN MONITORED
21.Local Agency Representative's Signature 22.Local Agency Representative's Name 23.Phone 24.Date
Gabrielle Hayes
DISTRIBUTION: Original—Local Agency,Copy—Caltrans District Local Assistance Engineer.Include with Final Report of Expenditures
ADA NOTICE: For individuals with sensory disabilities,this document is available in alternate formats.For information,call(916)445-1233,Local Assistance Procedures Manual TTY 711,or write to Records and Forms
Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
LR-13 Attachment No. 4
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises(DBE)
and First-Tier Subcontractors
INSTRUCTIONS—FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE)AND FIRST-TIER SUBCONTRACTORS
I.Local Agency Contract Number-Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number-Enter the Federal-Aid Project Number.
3.Local Agency-Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date-Enter the date the contract was completed.
5. Contractor/Consultant-Enter the contractor/consultant's firm name.
6.Business Address-Enter the contractor/consultant's business address.
7.Final Contract Amount-Enter the total final amount for the contract.
8. Contract Item Number-Enter contract item for work, services, or materials supplied provided.Not
applicable for consultant contracts.
9.Description of Work,Services,or Materials Supplied-Enter description of work, services, or materials
provided. Indicate all work to be performed by DBEs including work performed by the prime
contractor/consultant's own forces, if the prime is a DBE. If 100%of the item is not to be performed or
furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.'
10. Company Name and Business Address-Enter the name, address, and phone number of all
subcontracted contractors/consultants. Also, enter the prime contractor/consultant's name and phone number,
if the prime is a DBE.
11.DBE Certification Number-Enter the DBE's Certification Identification Number. Leave blank if
subcontractor is not a DBE.
12. Contract Payments -Enter the.subcontracted dollar amount of the work performed or service provided.
Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the
dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes
decertified.
13.Date Work Completed-Enter the date the subcontractor/subconsultant's item work was completed.
14.Date of Final Payment-Enter the date when the prime contractor/consultant made the final payment to
the subcontractor/subconsultant for the portion of work listed as being completed.
15. Original DBE Commitment Amount-Enter the"Total Claimed DBE Participation Dollars"from
Exhibits 15-G or 10-02 for the contract.
16. Total-Enter the sum of the"Contract Payments"Non-DBE and DBE columns.
17. Contractor/Consultant Representative's Signature-The person completing the form on behalf of the
contractor/consultant's firm must sign their name.
18. Contractor/Consultant Representative's Name-Enter the name of the person preparing and signing the
form.
19.Phone-Enter the area code and telephone number of the person signing the form.
20.Date-Enter the date the form is signed by the contractor's preparer.
21.Local Agency Representative's Signature-A Local Agency Representative must sign their name to
certify that the contracting records and on-site performance of the DBE(s)has been monitored.
22.Local Agency Representative's Name-Enter the name of the Local Agency Representative signing the
form.
23. Phone-Enter the area code and telephone number of the person signing the form.
24.Date-Enter the date the form is signed by the Local Agency Representative.
Page 2 of 2
July 23,2015
LR-14 Attachment No. 4
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Bid No.22-23.18; Chapman Avenue and Batavia Street Left-Turn Signal Modification Project;Project SP-4036;
HSIPL-5073(090)
To:
Name of Labor Union, Worker's Representative, etc.
Address
The undersigned currently holds a contract with the City of Orange involving federally assisted construction funds for Arterial
Highway Rehabilitation Program(AHRP)or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246,
the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color,
religion,sex,or national origin.This obligation not to discriminate in employment includes,but is not limited to the following:
HIRING, PLACEMENT,UPGRADING, TRANSFER, OR DEMOTION;
RECRUITMENT,ADVERTISING, OR SOLICITATION FOR EMPLOYMENT;
TREATMENT DURING EMPLOYMENT;
RATES OF PAY OR OTHER FORMS OF COMPENSATION;
SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP;
AND LAYOFF OR TERMINATION.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246.
Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for
employment.
Name of Contractor
Address
Signature and Title
Date
LR-15 Attachment No. 4
Eitr.NOTICE OF LABOR '
I COMPLIANCE PROGRAM
APPROVAL
This notice is given in accordance with California Code of Regulations, Title 8, Chapter 8,
Subchapter 4. Awarding Body Compliance Programs (Section 16429).
In December 1990, the California Department of Transportation (Caltrans) received final
approval from the California Department of Industrial Relations(D I R)to administer its own Labor
Compliance Program (LCP) on public works contracts. Caltrans has authorization through D I R
to monitor and enforce payment of State prevailing wages.
Any work defined as"Public Works" according to California Labor Code 1720 and 1771 is subject
to the payment of prevailing wages.A limited exemption from prevailing wages pursuant to Labor
Code Section 1771.5(a) applies to contracts under the jurisdiction of the Caltrans LCP.
Employees who are working on public works projects are entitled to the payment of
prevailing wages. As an approved LCP, Caltrans may review, and audit certified payrolls
submitted by public works contractors to ensure employees are receiving correct wages.
Caltrans' LCP will respond to inquiries or complaints from workers who believe they are
not receiving the appropriate prevailing wage rate. Workers may contact the Caltrans
District/Region Labor Compliance office at the address and phone number listed below:
Caltrans North Region Caltrans Central Region Caltrans District 4 Caltrans District 7
Districts 1, 2, & 3 Districts 5, 6, 9, & 10 Labor Compliance Labor Compliance
Labor Compliance Labor Compliance PO Box 23660 100 South Main Street
PO Box 911 PO Box 12616 Oakland, CA Los Angeles, CA 90012
Marysville, CA 95901 Fresno, CA 93778 94623 213) 897-0878
530) 741-4372 559) 243-3888 510) 286-5199
Toll Free: (888) 551-3431
Caltrans District 8 Caltrans District 11 Caltrans District 12 Caltrans Headquarters
Labor Compliance Labor Compliance Labor Compliance Labor Compliance
13970 Victoria Street 4050 Taylor Street 1750 East Fourth Street Maint. Service Agreements
Fontana, CA 92336 San Diego, CA 92110 Santa Ana, CA 92705 1120 N Street
909) 829-3338 619) 688-6952 657) 328-6033 Sacramento, CA 95814
Poster16429-I(4-19)
LR-16 Attachment No. 4
iel*NOTIFICACION SOBRE LA APROBACION DEL
PROGRAMA PARA EL CUMPLIMIENTO DE LA LEY
LABORAL
Esta notificacion se presenta de acuerdo con el titulo 8, capitulo 8, subtitulo 4 del cOdigo de
regulaciones de California (Code of Regulations).Awarding Body Compliance Programs(secciOn
16429).
En el mes de diciembre de 1990, el departamento de transporte del estado de California (California
Department of Transportation o Caltrans) recibio la aprobacion final del departamento de
relaciones industriales (Department of Industrial Relations o D I R) para Ilevar la gestiOn de su propio
programa de cumplimiento de Ia ley laboral (Labor Compliance Program o LCP) en los contratos de
trabajos publicos. Por medio de D I R, Caltrans tiene autorizacion para controlar y hacer cumplir Io
establecido en cuanto al pago de los salarios vigentes del Estado.
Cualquier trabajo definido como"Trabajos publicos" de acuerdo a los cOdigos 1720 y 1771 de la ley
laboral de California esta sujeto al pago de los salarios vigentes. Se aplica una exoneraciOn limitada
de los salarios vigentes de acuerdo a la seccion 1771.5(a) del codigo laboral a aquellos contratos
bajo la jurisdicciOn del LCP de Caltrans.
Los empleados que ester' trabajando en proyectos de trabajos publicos tienen derecho al
pago de salarios vigentes. Como LCP ha aprobado, Caltrans puede revisar y auditar las nOminas
de pago presentadas por los contratistas que realizan trabajos publicos para asegurarse que los
empleados estan recibiendo los salarios correctos.
Caltrans LCP responders a toda pregunta o queja de los trabajadores que crean no recibir el
salario vigente apropiado. Los trabajadores pueden ponerse en contatto con Ia oficina
regional y del distrito de Caltrans referente al cumplimiento de Ia ley laboral en las siguientes
direcciones o a traves de los siguientes numeros telefonicos:
Caltrans North Region Caltrans Central Region Caltrans District 4 Caltrans District 7
Districts 1, 2, &3 Districts 5, 6, 9, & 10 Labor Compliance Labor Compliance
Labor Compliance Labor Compliance PO Box 23660 100 South Main Street
PO Box 911 PO Box 12616 Oakland, CA 94623 Los Angeles, CA 90012
Marysville, CA 95901 Fresno, CA 93778 510)286-5199 213) 897-0878
530) 741-4372 559) 243-3888
Toll Free: (888) 551-3431
Caltrans District 8 Caltrans District 11 Caltrans District 12 Caltrans Headquarters
Labor Compliance Labor Compliance Labor Compliance Labor Compliance
13970 Victoria Street 4050 Taylor Street 1750 East 4th Street Maint. Service Contracts
Fontana, CA 92336 San Diego, CA 92110 Santa Ana, CA 92705 1120 N Street
909) 829-3338 619) 688-6952 657)328-6033 Sacramento, CA 95814
Poster16429-I(4-19)
LR-17 Attachment No. 4
State of California
Department of Industrial Relations
Division of Labor Standards Enforcement
PAYDAY NOTICE
REGULAR PAYDAYS FOR EMPLOYEES OF
FIRM NAME)
SHALL BE AS FOLLOWS:
THIS IS IN ACCORDANCE WITH SECTIONS 204,204A,204B,205,AND 205.5
OF THE CALIFORNIA LABOR CODE
BY
TITLE
DLSE 8(REV.06-02) PLEASE POST
LR-18 Attachment No. 4
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THE CALIFORNIA FAIR EMPLOYMENT AND 12.Require employers of 5 or more persons to allow eligible
employees to take up to 12 weeks leave in a 12-month period:to
HOUSING ACT(GOVERNMENT CODE SECTIONS care for their own serious health condition;to care for a child of
any age*,spouse,domestic partner,parent**,grandparent,
12900 THROUGH 12996)AND ITS grandchild,or sibling with a serious health condition;to bond with
IMPLEMENTING REGULATIONS(CALIFORNIA a new
military ex
child
gebc birth,adoption,or foster placement);or for certain
CODE OF REGULATIONS,TITLE 2,SECTIONS 13.Require employment agencies to serve all applicants equally,
refuse discriminatory job orders,and prohibit employers and11000THROUGH11141):employment agencies from making discriminatory pre-hiring
inquiries or publishing help-wanted advertisements that express a
L Prohibit harassment of employees,applicants,unpaid interns, discriminatory hiring preference.
volunteers,and independent contractors by any persons and require 14.Prohibit unions from discriminating In member admissions or
employers to take all reasonable steps to prevent harassment This
dispatching members to jobs.
includes a prohibition against sexual harassment,gender
harassment,harassment based on pregnancy,childbirth, 15.Prohibit retaliation against a person who opposes,reports,or
breastfeeding and/or related medical conditions,as well as assists another person to oppose unlawful discrimination.
harassment based on all other characteristics listed above.
2.Require that all employers provide information to each of their
FILING A COMPLAINTemployeesonthenature,illegality,and legal remedies that apply
to sexual harassment Employers may either develop their own
publications,which must meet standards set forth in California The law provides for remedies for individuals who experience prohibited
Government Code section 12950,or use material from DFEH. discrimination,harassment,or retaliation In the workplace.These
3.Require employers with 5 or and all remedies include hiring,front pay,back pay,promotion,reinstatement,3.Require
s provide training for allemployeesmore employees
regarding publiche cease-and-desist orders,expert witness fees,reasonable attorney's
entitiprevention of sexual harassment,including harassment based on
fees and costs,punitive damages,and emotional distress damages.
gender identity,gender expression,and sexual orientation. Job applicants,unpaid interns,and employees:If you believe you have
4.Prohibit employers or prohibiting the use of any
experienced discrimination,harassment or retaliation you may file aProhibit
iempin any
employers
work fromce limitingor prounlesshibybusinesstheunecessity.
a
complaint with DFEH.Independent contractors and volunteers:If you
laThe employer must notify employees of the language restriction
believe you have been harassed,you may file a complaint with DFEH.
and consequences for violation.Also prohibit employers from Complaints must be filed within three years of the last act of
discriminating against an applicant or employee because they discrimination/harassment/retaliation.For victims who are under the
possess a driver's license issued to a person who is unable to age of eighteen,not later than three years after the last act of
prove that their presence in the United States is authorized under discrimination/harassment/retaliation or one year after the victim's
federal law. eighteenth birthday,whichever is later.
5.Require employers to reasonably accommodate an employee,
unpaid intern,or job applicant's religious beliefs and practices,
including the wearing or carrying of religious clothing,jewelry or
artifacts,and hair styles,facial hair,or body hair,which are part of
an individual's observance of their religious beliefs. If you have been subjected to discrimination,harassment,
or retaliation at work,or have been improperly denied
6.Require employers to reasonably accommodate employees or family or medical leave,file a complaint with DFEH.
job applicants with disabilities to enable them to perform the
essential functions of a job.
7.Permit job applicants,unpaid interns,volunteers,and employees TO FILE A COMPLAINT
to file complaints with DFEH against an employer,employment Department of Fair Employment and Housing
agency,or labor union that fails to grant equal employment as dfeh.ca.gov
required by law.Toll Free:800.884.1684
8.Prohibit discrimination on a protected basis against any job TTY:800.700.2320
applicant,unpaid intern,or employee in hiring,promotions,
assignments,termination,or any term,condition,or privilege of If you have a disability that requires a reasonable
employment. accommodation,DFEH can assist you with your complaint.
9.Require employers,employment agencies,and unions to preserve
Contact us through any method above or,for individuals who
are deaf or hard of hearing or have speech disabilities,through
applications,personnel records,and employment referral records for the California Relay Service(711).
a minimum of four years.
10.Require employers to provide leaves of up to four months to DFEH is committed to providing access to our materials in an
employees disabled because of pregnancy,childbirth,or a related alternative format as a reasonable accommodation for people with
medical condition. disabilities when requested.
11.Require an employer to provide reasonable Government Code section 12950 and California Code of Regulations,title
accommodations requested by an employee,on the advice of their 2,section 11013,require all employers to post this document.It must be
health care provider,related to their pregnancy,childbirth,or a conspicuously posted in hiring offices,on employee bulletin boards,in
related medical condition.employment agency waiting rooms,union halls,and other places employees
gather.Any employer whose workforce at any facility or establishment consists
of more than 10%of non-English speaking persons must also post this notice
in the appropriate language or languages.
Child'means a biological,adopted,or foster child,a stepchild,a legal ward,
or a child of an employee or the employee's domestic partner,or a person to
whom the employee stands In loco parents.
Parent"includes a biological,foster,or adoptive parent,a parent-in-law,a
stepparent,a legal guardian,or other person who stood in loco perentis to the
DFEH-E07P-ENG/January 2022employeewhentheemployeewasachild.
LR-20 Attachment No. 4
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LR-21 Attachment No. 4
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LA LEY DE VIVIENDA Y EMPLEO JUSTOS DE 12.Exige a los empleadores de 5 o ma's personas que permitan
a los empleados elegibles tomar hasta 12 semanas de licencia
CALIFORNIA(ARTICULOS 12900 A 12996 DEL en un periodo de 12 meses:pars cuidar de su propia condiciOn
medica grave;cuidar a un hijo de cualquier edad*,conyuge,
CODIGO DE GOBIERNO)Y SUS pareja de hecho,padre**,abuelo,nieto o hermano con una
condicion medica grave;establecer un vincula con un hijo
REGULACIONES PARA LA IMPLEMENTACION nuevo(por nacimiento,adoption o entrega en guards
temporal),o por ciertas exigencias militares.
CODIGO DE REGULACIONES DE CALIFORNIA, ' 13.Exige a las agendas de empleo que atiendan a todos los
candidtosjoTITULO2,ARTICULOS 11000 A 11141): d scrimanator arsyuprohibe azalos empleadores y las
las ordenes deaagend as de
empleo hacer preguntas discriminatorias antes de la
1.Prohibe el acoso de empleados,candidatos,pasantes no contratacion o publicar anuncios de empleo que expresen
pagados,voluntarios y contratistas independientes por parte preferencias de contratacion discriminatorias.
de cualquier persona,y exige a los empleadores que tomen las 14.Prohibe a los sindicatos discriminar en la admision o el
medidas necesarias pars prevenir el acoso.Esto incluye la envio de miembros a los puestos de trabajo.
prohibition contra el acoso sexual;acoso basado en el genero; 15.Prohibe las represalias contra una persona que se opone,
acoso por embarazo,nacimiento,lactancia o condiciones denuncia o ayuda aotra a oponerse a la discriminacion ilegal.
medicos relacionadas;yacoso por las caracteristicas
mencionadas arriba.
2.Exige que todos los empleadores den information a los
empleados sobre la naturaleza,la ilegalidad y los recursos PRESENTACION DE QUEJASlegalesencasodeacososexual.Los empleadores pueden
preparar sus'propias publicaciones,que deben cumplir las La ley ofrece compensaciOn pars personas que sufren
normas establecidas en el articulo 12950 del COdigo de discriminacion,acoso o represalias prohibidos en el lugar de
Gobierno de California o usar el material del Departamento trabajo.Esta compensacion incluye la contratacion,pagos por
de Igualdad en el Empleo y la Vivienda y Empleo(DFEH). adelantado,pagos atrasados,ascenso,reincorporation,ordenes
3.Exige a los empleadores con 5 o mas empleados y a todas de cese,honorarios de peritos,honorarios y costos razonables
las entidades ptiblicas que capaciten a los empleados sobre la de abogados,dews punitivos y danos por angustia emotional.
prevention del acoso sexual,incluyendo el acoso por identidad Candidato,a un empleo,pasante no pagado y empleado:si cree
de genero,expresion de genero y orientation sexual.que ha sufrido discriminacion,acoso o represalias,puede
4.Prohbe a los empleadores limitar o impedir el uso de presentar una queja ante DFEH.Contratista independiente y
cualquier idioma en cualquier lugar de trabajo,a menos que to voluntario:si cree que to han acosado,puede presentar una
justifique una necesidad de la empresa.El empleador debe queja ante DFEH.
notificar a los empleados de la restriction de idiomas y las Las quejas deben presentarse dentro de un periodo de tres
consecuencias del incumplimiento.Tambien prohibe que los anos*desde el ultimo acto de discriminacion/acoso/represalia.
empleadores discriminen a candidatos o empleados porque En el caso de victimas menores de dieciocho anos,a mas
tienen una licencia de conducir emitida sin poder demostrar que tardar tres anos despues del ultimo acto de
la presencia en Estados Unidos esta autorizada por la ley federal. discriminacion/acoso/represalia o un ano despues de que la
5.Exige a los empleadores que se adapten razonablemente a victima cumpla dieciocho,to ultimo que ocurra.
las creencias y practicas religiosas de un empleado,pasante no
pagado o candidato al empleo,incluyendo el uso de ropa,joyas
o accesorios religiosos y peinados,vello facial o corporal,que
son parte de la observancia religiosa de la persona.
6.Exige a los empleadores brindar adaptaciones razonables
Si ha sufrido discriminacion,acoso o represalias en el
trabajo,o han denegado de manera inapropiada
los empleados o candidatos al empleo con discapacidades,
para que puedan cumplir las funciones esenciales del trabajo. licencia mee dics o familiar,presente una queja ante DFEH.
una
7.Permite que los candidatos al empleo,pasantes no pagados,
voluntarios y empleados presenten quejas ante DFEH contra un PARA PRESENTAR UNA QUEJAempleador,agenda de empleo o sindicato que no ofrezca la
Igualdad de empleo que exige la ley. Departamento de Igualdad en el Empleo y la Vivienda
8.Prohibe la discriminacion basada en una clase protegida dfeh.ca.gov
contra cualquier candidato al empleo,pasante no pagado o Linea sin cargo:800.884.1684
empleado en cuanto a la contratacion,ascensos,tareas, TTY:800.700.2320
despidos o cualquier termino,condicion o privilegio del empleo.
9.Exige a los empleadores,las agendas de empleo y los Si tiene una discapacidad que necesita adaptaciones
sindicatos que conserven las solicitudes,los expedientes del - razonables,DFEH puede ayudarlo con su queja.Comuniquese •
personal y registros de referencias de empleo durante un minimo con nosotros a traves de cualquier de los metodos indicados
de cuatro anos. anteriormente o,para personas sordas o con problemas de
10.Exige a los empleadores que den licencias de hasta cuatro
audition o discapacidades del habla,a traves del Servicio de
meses a empleadas incapacitadas por embarazo,parto o
Retransmision de California,(711).
condiciones medical relacionadas.
DFEH se compromete a proporcionaracceso a nuestros
11.Exige al empleador que proporcione las adaptaciones materiales en un formato alternativo,como adaptation razonable .
razonables solicitadas por un empleado,segun las para personas con discapacidades,cuando to soliciten,
recomendaciones de su proveedor de atencion medica,
relacionadas con el embarazo,el parto o las condiciones El articulo 12950 del Codlgo de Gobierno y el articulo 11013,tftulo 2,del
medicos relacionadas. Codigo de Regulaciones de California requieren que todos los empleadores
publiquen este documento.Debe ester publicado de manera visible en oficinas
de contratacion,tableros de anuncios para empleados,sales de espera de
agendas de empleo,centros sindicales y otros lugares de reunion de los
empleados.Si mas del 10%del personal de cualquier instalacion o
establecimlento de un empleador no habla ingles,tambien se debe publicar
Hijo"significa un hijo biologico,adoptado o en guarda temporal,un menor
este aviso en los idiomas adecuados.
bajo tutela legal,el hijo del empleado ode la pareja de hecho del empleado,o
una persona respecto de la cual el empleado asumio la funcion de padre.
Padre"incluye a los padres biologicos,adoptivos ode guards temporal,los
suegros,los padrastros,los tutores,o cualquier persona que hubiera asumido
DFEH-E07PSP/Enero de 2022lafunciondepadredelempleadocuandoesteeranino.
LR-22 Attachment No. 4
Equal Employment Opportunity is
THE 1.111111
Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations
Applicants to and employees of most private employers,state and local governments,educational institutions,
employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:
RACE,COLOR, RELIGION,SEX,NATIONAL ORIGIN GENETICS
Title VII of the Civil Rights Act of 1964,as amended,protects applicants and Title II of.the Genetic Information Nondiscrimination Act of 2008 protects applicants
employees from discrimination in hiring,promotion,discharge,pay,fringe benefits, and employees from discrimination based on genetic information in hiring,
job training,classification,referral,and other aspects of employment,on the basis promotion,discharge,pay,fringe benefits,job training,classification,referral,and
of race,color,religion,sex(including pregnancy),or national origin.Religious other aspects of employment.GINA also restricts employers'acquisition of genetic
discrimination includes failing to reasonably accommodate an employee's religious information and strictly limits disclosure of genetic information.Genetic information
practices where the accommodation does not impose undue hardship. includes information about genetic tests of applicants,employees,or their family
members;the manifestation of diseases or disorders in family members (family
DISABILITY medical history);and requests for or receipt of genetic services by applicants,
Title I and Title V of the Americans with Disabilities Act of 1990,as amended,protect employees,or their family members.
qualified individuals from discrimination on the basis of disability in hiring,promotion,
discharge,pay,fringe benefits,job training,classification,referral,and other RETALIATION
aspects of employment.Disability discrimination includes not making reasonable All of these Federal laws prohibit covered entities from retaliating against a
accommodation to the known physical or mental limitations of an otherwise qualified person who files a charge of discrimination,participates in a discrimination
individual with a disability who is an applicant or employee,barring undue hardship. proceeding,or otherwise opposes an unlawful employment practice.
AGE WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED
The Age Discrimination in Employment Act of 1967,as amended,protects There are strict time limits for filing charges of employment discrimination.To
applicants and employees 40 years of age or older from discrimination based on preserve the ability of EEOC to act on your behalf and to protect your rightto file a
age in hiring,promotion,discharge,pay,fringe benefits,job training,classification, private lawsuit,should you ultimately need to,you should contact EEOC promptly
referral,and other aspects of employment. when discrimination is suspected:
The U.S.Equal Employment Opportunity Commission (EEOC),1=800-669-4000
SEX(WAGES) toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing
In addition to sex discrimination prohibited by Title VII of the Civil Rights Act,as impairments).EEOC field office information is available at www.eeoc.gov or
amended,the Equal Pay Act of 1963,as amended,prohibits sex discrimination in in most telephone directories in the U.S.Government or Federal Government
the payment of wages to women and men performing substantially equal work, section.Additional information about EEOC,including information about charge
in jobs that.require equal skill,effort,and responsibility,under similar working filing,is available at www.eeoc.gov
conditions,in the same establishment.
LR-23 .Attachment No. 4
Employers Holding Federal Contracts or Subcontracts
Applicants to and employees of companies with a Federal government contract or subcontract
are protected under Federal law from discrimination on the following bases:
RACE,COLOR,RELIGION,SEX,NATIONAL ORIGIN three years of discharge or release from active duty),other protected veterans
Executive Order 11246,as amended,prohibits job discrimination on the basis veterans who served during a war or in a campaign or expedition for which a
of race,color,religion,sex or national origin,and requires affirmative action to campaign badge has been authorized),and Armed Forces service medal veterans
ensure equality of opportunity in all aspects of employment.veterans who,while on active duty,participated in a U.S.military operation for
INDIVIDUALS WITH DISABILITIES
which anArmed Forces service medal was awarded).
Section 503 of the Rehabilitation Act of 1973,as amended,protects qualified RETALIATION
individuals from discrimination on the basis of disability in hiring,promotion, Retaliation is prohibited against a person who files a complaint of discrimination,
discharge,pay,fringe benefits,job training,classification,referral,and participates in an OFCCP proceeding,or otherwise opposes discrimination
other aspects of employment. Disability discrimination includes not making under these Federal laws.
reasonable accommodation to the known physical or mental limitations of an
otherwise qualified individual with a disability who is an applicant or employee,Any person who believes a contractor has violated its nondiscrimination or
barring undue hardship. Section 503 also requires that Federal contractors take affirmative action obligations under the authorities above should contact
affirmative action to employ and advance in employment qualified individuals immediately:
with disabilities at all levels of employment,including the executive level.
The Office of Federal Contract Compliance Programs (OFCCP),U.S.
DISABLED,RECENTLY SEPARATED,OTHER PROTECTED, Department of Labor,200 Constitution Avenue,N.W.,Washington,D.C.
AND ARMED FORCES SERVICE MEDAL VETERANS"20210, 1-800-397-6251 (toll-free) or(202) 693-1337 CITY). OFCCP may also be
The Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,38 contacted by e-mail at OFCCP-Public@dol.gov,or by calling an OFCCP regional
U.S.C.4212,prohibits job discrimination and requires affirmative action to employ or district office,listed in most telephone directories under U.S.Government,
and advance in employment disabled veterans,recently separated veterans(within Department of Labor.
Programs or Activities Receiving Federal Financial Assistance
RACE,COLOR,NATIONAL ORIGIN,SEX INDIVIDUALS WITH DISABILITIES
In addition to the protections of Title VII of the Civil Rights Act of 1964,as Section 504 of the Rehabilitation Act of 1973,.as amended,prohibits employment
amended,Title VI of the Civil Rights Act of 1964,as amended,prohibits discrimination on the basis of disability in any program or activity which receives
discrimination on the basis of race,color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of
activities receiving Federal financial assistance. Employment discrimination employment against persons with disabilities who,with or without reasonable
is covered by Title VI if the primary objective of the financial assistance is accommodation,can perform the essential functions of the job.
provision of employment,or where employment discrimination causes or may
cause discrimination in providing services under such programs.Title IX of the If you believe you have been discriminated against in a program of any
Education Amendments of 1972 prohibits employment discrimination on the institution which receives Federal financial assistance,you should immediately
basis of sex in educational programs or activities which receive Federal financial contact the Federal agency providing such assistance.
assistance.
EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement EEOC-P/E-1 (Revised 11/09)
LR-24 Attachment No. 4
EEO is the Law" Poster Supplement
Private Employers, State and Local Governments, Educational Institutions,
Employment Agencies and Labor Organizations revisions
The Disability section is revised as follows:
DISABILITY
Title I and Title V of the Americans with Disabilities Act of 1990,as amended,protect qualified:individuals from
discrimination on the basis of disability in hiring,promotion,discharge,pay,fringe benefits,job training,classification,
referral,and other aspects of employment.Disability discrimination includes not making reasonable accommodation to the
known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee,
barring undue hardship.
The following section is added:
GENETICS
Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination
based on genetic information in hiring,promotion,discharge,pay,fringe benefits,job training,:classification,referral,and
other aspects of employment.GINA also restricts employers'acquisition of genetic information and strictly limits disclosure
of genetic information.Genetic information includes information about genetic tests of applicants,employees,or their family
members;the manifestation of diseases or disorders in family members (family medical history);and requests for or receipt
of genetic services by applicants,employees,or their family members.
The EEOC contact information is revised as follows:
The U.S.Equal Employment Opportunity Commission (EEOC),1-800-669-4000(toll-free)or 1-800-669-6820 (toll-free TTY
number for individuals with hearing impairments).EEOC field office information is available at www.eeoc.gov or in most
telephone directories in the U.S.Government or Federal Government section.Additional information about EEOC,including
information about charge filing,is available at www.eeoc.gov.
Employers Holding Federal Contracts or Subcontracts section revisions
The Individuals with Disabilities section is revised as follows:
INDIVIDUALS WITH DISABILITIES
Section 503 of the Rehabilitation Act of 1973,as amended,protects qualified individuals from discrimination on the basis
of disability in hiring,promotion,discharge,pay,fringe benefits,job training,classification,referral,and other aspects of
employment.Disability discrimination includes not making reasonable accommodation to the known physical or mental
limitations of an otherwise qualified individual with a disability who is an applicant or employee,barring undue hardship.
Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified
individuals with disabilities at all levels of employment,including the executive level.
The Vietnam Era, Special Disabled Veterans section is revised as follows:
DISABLED, RECENTLY SEPARATED,OTHER PROTECTED,AND ARMED FORCES SERVICE MEDAL VETERANS
The Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,38 U.S.C.4212,prohibits job discrimination and
requires affirmative action to employ and advance in employment disabled veterans,recently separated veterans (within three
years of discharge or release from active duty),other protected veterans (veterans who served during a war or in a campaign
or expedition for which a campaign badge has been authorized),and Armed Forces service medal veterans (veterans who,
while on active duty,participated in a U.S.military operation for which an Armed Forces service medal was awarded).
The following section is added:
RETALIATION
Retaliation is prohibited against a person who files a complaint of discrimination,participates in an OFCCP proceeding,or
otherwise opposes discrimination under these Federal laws.
The OFCCP contact information is revised as follows:
The Office of Federal Contract Compliance Programs (OFCCP),U.S.Department of Labor,200 Constitution Avenue,N.W.,
Washington,D.C.20210, 1-800-397-6251 (toll-free) or(202) 693-1337 (TTY).OFCCP may also be contacted by e-mail at
OFCCP-Public@dol.gov,or by calling an OFCCP regional or district office,listed in most telephone directories under U.S.
Government,Department of Labor.
Mandatory Supplement to EEOC 9/02 and OFCCP 8/08 "EEO is the Law"Posters
LR-25 Attachment No. 4
La Igualdad de Oportunidades en. el Empleo es
LEy
Empleadores privados, autoridades locales y estatales, instituciones educativas, agencias de empleo y organizaciones laborales
Los solicitantes de empleo y los empleados de la mayorIa de los empleadores privados,autoridades locales y estatales,instituciones educativas,agencias de empleo
y organizaciones laborales estan protegidos conforme a la ley federal contra la discriminacion por cualquiera de los siguientes motivos:
RAZA,COLOR,RELIGION,SEXO,ORIGEN NACIONAL GENETICA
El Titulo VII de la Ley de Derechos Civiles de 1964,y sus enmiendas,protege a los El Titulo II de la Ley contra la Discriminacion por Informacion Genetica de 2008
solicitantes de empleo y a los empleados contra la discriminacion en la contratacion, GINA)protege a los solicitantes de empleo y a los empleados contra la discriminacibn
ascenso,despido,sueldo,beneficios adicionales,capacitacion laboral,clasificacion, con basada en informacion genetica,en la contratacion,ascenso,despido,sueldo, -
referencia,y otros aspectos del empleo,debido a la raza,color,religion,sexo (incluido beneficios adicionales,capacitacion laboral,clasificacion,referencia,y otros aspectos
el embarazo)u origen nacional.La discriminacion religiosa incluye.el no realizar los del empleo.GINA tambien restringe la adquisicien de la informacion genetica por parte
arreglos razonables para las practicas religiosas de un empleado,cuando tales arreglos de los empleadores y limita estrictamente la divulgacion de Ia informacion genetica.
no impongan una dificultad indebida. La informacion genetica incluye la informacion sobre las pruebas geneticas de los
DISCAPACIDAD solicitantes de empleo;los empleados o sus familiares;la manifestacion de enfermedades
El Titulo I y el Titulo V de la Ley de Estadounidenses con Discapacidades de 1990,y o desordenes en los familiares(historial medico familiar);y las solicitudes o recibo de
sus enmiendas,protegen a los individuos que califiquen contra la discriminacion por servicios geneticos por los solicitantes de empleo,los empleados o sus familiares.
una discapacidad en la contratacion,ascenso,despido,sueldo,beneficios adicionales, REPRESALIA
capacitacion laboral,clasificaciOn,referencia,y otros aspectos del empleo.La Todas estas leyes federales prohiben a las entidades cubiertas tomar represalias contra
discriminacion por discapacidad incluye el no realizar los arreglos razonables para las una persona que presente un cargo de discriminacion,participe en un procedimiento de
limitaciones mentales o fisicas conocidas de un individuo con una discapacidad quien discriminacibn o se oponga a una practica laboral ilegal.
solicite empleo o sea empleado,salvo que implique una dificultad indebida.
QUE DEBE HACER SI CONSIDERA QUE HA OCURRIDO UNA DISCRIMINACION
EDAD Hay limites estrictos de tiempo para presentar cargos de discriminacibn en el empleo.
La Ley Contra la Discriminacion por Edad en el Empleo de 1967,y sus enmiendas,protege Para conservar la capacidad del EEOC de actuar en su nombre y para proteger su
a los solicitantes de empleo y a los empleados que tengan 40 afios de edad o mas contra derecho de presentar una demanda privada,en caso de que en ultima instancia to
la discriminacion por la edad en la contratacion,ascenso,despido,sueldo,beneficios necesite,usted debe comunicarse con el EEOC de manera oportuna cuando sospeche de
adicionales,capacitacion laboral,clasificacibn,referencia,y otros aspectos del empleo. la discriminacibn:
SEXO(SALARIOS) La Comision para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC),
Adicionalmente a la prohibicion de la discriminacibn por sexo estipulada en el Titulo VII 1 800 669 4000(numero gratuito) o 1 800 669-6820(numero TTY gratuito para las
de la Ley de Derechos Civiles,y sus enmiendas,Ia Ley de Igualdad Salarial de 1963,y
personas con dificultades auditivas).La informacion de las oficinas de Campo del EEOC
sus enmiendas,prohibe la discriminaciOn por sexo en el pago de salarios a los hombres est'a disponible en www.eeoc.gov o en la mayoria de los directorios telefonicos en la
y mujeres que realicen un trabajo sustancialmente similar,en empleos que requieran
seccion de Gobierno de los EE.UU.o Gobierno Federal.Puede encontrar informacion
iguales destrezas,esfuerzos y responsabilidades,bajo condiciones laborales similares,en adicional sobre el EEOC,incluida la informacion sobre la presentacion de cargos,en
el mismo establecimiento. www.eeoc.gov.
LR-26 Attachment No. 4
Empleadores que tengan contratos o subcontratos federates
Los solicitantes de empleo y los empleados de companias con un contrato o subcontrato gubernamental federal estan
protegidos conforme a las leyes federales contra la discriminacion por los siguientes motivos:
RAZA,COLOR,RELIGION,SEXO,ORIGEN NACIONAL del servicio recientemente(dentro de los tres anos dados de baja del servicio activo),
La Orden Ejecutiva 11246,y sus enmiendas,prohibe la discriminacion en el trabajo por otros veteranos protegidos(quienes hayan prestado el servicio militar en una guerra o en
motivo de raza,color,religion,sexo u origen nacional,y exige la aplicacion de accion una campana o expedition para la cual se haya autorizado una insignia de campana),y los
afirmativa para garantizar la igualdad en las oportunidades en todos los aspectos del veteranos con medallas del Servicio de las Fuerzas Armadas(veteranos quienes,mientras
empleo. se encontraban en el servicio activo,participaron en una operation militar de EE.UU.
para la cual se les otorgo una medalla del Servicio de las Fuerzas Armadas).
INDIVIDUOS CON DISCAPACIDADES
La Seccion 503 de la Ley de Rehabilitation de 1973,y sus enmiendas,protege a REPRESALIA
los individuos que califiquen contra la discriminaciOn por una discapacidad en la Se prohiben las represalias contra una persona que presente un cargo de discriminacion,
contrataciOn,ascenso,despido,sueldo,beneficios adicionales,capacitation laboral, participe en un procedimiento de la Oficina de Programas de Cumplimiento de Contratos
clasificacion,referencia,y otros aspectos del empleo. La discriminacion por discapacidad. Federales(OFCCP),o quien se oponga a la discriminaciOn de conformidad con estas
incluye el no realizar los arreglos razonables para las limitaciones mentales o fisicas leyes federales.
conocidas de un individuo con una discapacidad quien solicite empleo o sea empleado,
salvo que implique una dificultad indebida. La Seccion 503 tambien exige que los Toda persona quien considers que un contratista ha incumplido sus obligaciones
contratistas federales tomen las acciones afirmativas para emplear y ascender en el antidiscriminatorias o de accion afirmativa conforme a las autoridades antes indicadas,
empleo aindividuos calificados con discapacidades en todos los niveles laborales,incluido debe contactar de inmediato a:
el nivel ejecutivo.
The Office of Federal Contract Compliance Programs(OFCCP),U.S.Department of
VETERANOS CON MEDALLAS DEL SERVICIO DE LAS FUERZAS ARMADAS Y Labor,200 Constitution Avenue,N.W.,Washington,D.C.20210,1-800-397-6251 (namero
VETERANOS DISCAPACITADOS,SEPARADOS RECIENTEMENTE Y DE OTRO ESTATUS gratuito)o(202)693-1337(ntimero TTY). Tambien puede contactar a la OFCCP por el
PROTEGIDO correo electronico OFCCP-Public@dol.gov,o llamando a una oficina distrital o regional
La Ley de Asistencia a la Readaptacion de los Veterans de Vietnam de 1974,y sus de la OFCCP,la cual puede encontrar en la mayoria de los directorios telefonicos
enmiendas,38 U.S.C.4212,prohibe la discriminacion laboral y exige la accion afirmativa en la section U.S.Government(Gobierno de los EE.UU.),Department of Labor
para emplear y ascender en el empleo a veteranos discapacitados,veteranos separados Departamento del Trabajo).
Programas o actividades que reciban asistencia financiera federal
RAZA,COLOR,ORIGEN NACIONAL,SEXO INDIVIDUOS CON DISCAPACIDADES
Adicionalmente a las protections del Titulo VII de la Ley de Derechos Civiles de 1964, La Seccion 504 de la Ley de Rehabilitation de 1973,y sus enmiendas,prohibe la
y sus enmiendas,el Titulo VI de la Ley de Derechos Civiles de 1964,y sus enmiendas, discriminacion en el empleo por una discapacidad,en cualquier programa o actividad
prohibe la discriminacion por raza,color u origen nacional en los programas o actividades que reciba asistencia financiera federal. Se prohibe la discriminacion en todos los
que reciban asistencia financiera federal. La discriminaciOn en el empleo esta cubierta aspectos del empleo contra las personas con discapacidades quienes,con o sin arreglos
por el Titulo VI si el objetivo principal de la asistencia financiera es la provision del razonables,puedan realizar las funciones esenciales del trabajo.
empleo,o donde la discriminacion laboral cause o pueda causar una discriminacion en la
provision de los servicios conforme a tales programas. El Titulo IX de las Enmiendas en Si usted considera que ha sido discriminado en un programa de alguna institution que
la Education de 1972 prohibe la discriminacion en el empleo por motivo del sexo en las reciba asistencia financiera federal,debe contactar inmediatamente a la agencia federal
actividades o programas educativos que reciban asistencia financiera federal. que proporciona dicha asistencia.
Las versiones de EEOC de 9/02 y OFCCP de 8/08 se pueden utilizar con el Suplemento de 11/09 EEOC-P/E-1 (Revisado 11/09)
LR-27 Attachment No. 4
Suplemento del documento "EEO es la Ley"
Modification para empleadores privados, autoridades locales y estatales,
instituciones educativas,agencias de empleo y organizaciones laborales
La seccion de Discapacidad queda modificada de la manera siguiente:
DISCAPACIDAD
El Titulo I y el Titulo V de la Ley de Estadounidenses con Discapacidades de 1990,y sus enmiendas,protegen a los individuos que
califiquen contra la discriminacion por una discapacidad en la contratacion,ascenso,despido,sueldo,beneficios adicionales,capacitation
laboral,clasificacion,referencia,y otros aspectos del empleo.La discriminacion por discapacidad incluye el no realizar los arreglos
razonables para las limitaciones mentales o fisicas conocidas de un individuo con una discapacidad quien solicite empleo o sea empleado,
salvo que implique una dificultad indebida.
Se agrega la siguiente seccion:
GENETICA
El Titulo II de la Ley contra la Discrimination por Informacion;Genetica de 2008 (GINA)protege a los solicitantes de empleo y a los
empleados contra la discriminacion con base en la information genetica,en la contratacion,ascenso,despido,sueldo,beneficios
adicionales,capacitation laboral,clasificacion,referencia,y otros aspectos del empleo.GINA tambien restringe la adquisicion de la
information genetica por parte de los empleadores y limita estrictamente la divulgacion de la information genetica.La information
genetica incluye la information sobre las pruebas geneticas de los solicitantes de empleo,los empleados o sus familiares;la manifestation
de enfermedades o desordenes en los familiares(historial medico familiar);y las solicitudes o recibo de servicios geneticos por los
solicitantes de empleo,los empleados o sus familiares.
La information de contacto de la EEOC queda modificada de la manera siguiente:
La Comision para la Igualdad de Oportunidades en el Empleo de los EE.UU.,1-800-669-4000(numero gratuito)o 1-800-669-6820(numero
TTY gratuito para las personas con dificultades auditivas). La information de las oficinas de campo del EEOC esta disponible en www
eeoc.gov o en la mayoria de los directorios telefonicos en la seccion de Gobierno de los EE.UU.o Gobierno Federal. Puede encontrar
information adicional sobre el EEOC,incluida la information sobre la presentation de cargos,en www.eeoc.gov.
Modificaciones de la seccion de Empleadores que tengan contratos o subcontratos federales
La seccion de Individuos con discapacidades queda modificada de la manera siguiente:
INDIVIDUOS CON DISCAPACIDADES
La Seccion 503 de la Ley de Rehabilitation de 1973,y sus enmiendas,protege a los individuos que califiquen contra la discriminacion por
una discapacidad en la contratacion,ascenso,despido,sueldo,beneficios adicionales,capacitation laboral,clasificacion,referencia,y otros
aspectos del empleo. La discriminacion por discapacidad incluye el no realizar los arreglos razonables para las limitaciones mentales o
fisicas conocidas de un individuo con una discapacidad quien solicite empleo o sea empleado,salvo que implique una dificultad indebida.
La Seccion 503 tambien exige que los contratistas federales tomen las acciones afirmativas para emplear y ascender en el empleo a
individuos calificados con discapacidades en todos los niveles laborales,incluido el nivel ejecutivo.
La seccion de Veteranos discapacitados especiales de la Era de Vietnam queda modificada de la manera siguiente:
VETERANOS CON MEDALLAS DEL SERVICIO DE LAS FUERZAS ARMADAS Y VETERANOS DISCAPACITADOS,SEPARADOS
RECIENTEMENTE Y DE OTRO ESTATUS PROTEGIDO
La Ley de Asistencia a la Readaptacion de los Veteranos de Vietnam de 1974,y sus enmiendas,38 U.S.C.4212,prohibe la discriminacion
laboral y exige la action afirmativa para emplear y ascender en el empleo a veteranos discapacitados,veteranos separados del servicio
recientemente(dentro de los tres anos dados de baja del servicio activo),otros veteranos protegidos(quienes hayan prestado el servicio
militar en una guerra o en una campana o expedition para la cual se haya autorizado una insignia de campafia),y los veteranos con
medallas del Servicio de las Fuerzas Armadas(veteranos quienes,mientras se encontraban en el servicio activo,participaron en una
operation militar de EE.UU.para la cual se les otorgo una medalla del Servicio de las Fuerzas Armadas).
Se agrega la siguiente seccion:
REPRESALIA
Se prohiben las represalias contra una persona que presente un cargo de discriminacion,participe en un procedimiento de la Oficina de
Programas de Cumplimiento de Contratos Federales(OFCCP),o quien se oponga a la discriminacion de conformidad con estas leyes
fderales.
La information de contacto de la OFCCP queda modificada de la manera siguiente:
The Office of Federal Contract Compliance Programs(OFCCP),Departamento del Trabajo de EE.UU.,200 Constitution Avenue,N.W.,
Washington,D.C.20210,1-800-397-6251 (numero gratuito)o (202) 693-1337(numero TTY). Tambien puede contactar a la OFCCP por el
correo electronico OFCCP-Public@dol.gov,o Ilamando a una oficina distrital o regional de la OFCCP,la cual puede encontrar en la mayoria
de los directorios telefonicos en la seccion Gobierno de los EE.UU., (Departamento del Trabajo).
Suplemento obligatorio para los documentos de"EEO es la Ley"de EEOC de 9/02 y OFCCP de 8/08
LR-28 Attachment No. 4
CO'‘‘'
EMP4Dy2i4*.r << q!
1/4 Know Your Rights:
y' Workplace Discrimination is Illegal45.
6/1/try
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from
discrimination in employment. If you believe you've been discriminated against at work or in applying for
a job,the EEOC may be able to help.
Who is Protected? What Employment Practices can be Challenged
Employees(current and Union members and as Discriminatory?
former),including managers applicants for membership All aspects of employment,including:
and temporary employees in a union
Discharge,firing,or lay-off •Job training
Job applicants
Harassment(including Classification
unwelcome verbal or Referral
What Organizations are Covered? physical conduct)
Obtaining or disclosing
Most private employers Educational institutions Hiring or promotion genetic information of
State and local governments (
as employers) Assignment employees
as employers) Unions Pay(unequal wages or Requesting or disclosing medical
Staffing agencies compensation) information of employees
Failure to provide Conduct that might reasonably
reasonable accommodation discourage someone fromWhatTypesofEmploymentDiscrimination
for a disability or a sincerely- opposing discrimination,filingareIllegal? held religious belief, a charge,or participating in an
Under the EEOC's laws,an employer may not discriminate against observance or practice investigation or proceeding.
you,regardless of your immigration status,on the bases of: Benefits
Race Genetic information
Color including employer requests What can You Do if You Believe Discrimination
Religion
for,or purchase,use,or
has Occurred?
disclosure of genetic tests,
National origin
genetic services,or family Contact the EEOC promptly if you suspect discrimination. Do not
Sex(including pregnancy medical history) delay,because there are strict time limits for filing a charge of
and related conditions, Retaliation for filing a discrimination(180 or 300 days,depending on where you live/
sexual orientation,or
charge,reasonably work).You can reach the EEOC in any of the following ways:
gender identity) opposing discrimination,
Age(40 and older) or participating in a
Submit an inquiry through the EEOC's public portal:
Disability discriminationlnation lawsuit,
https://publicportal.eeoc.gov/Portal/Login.aspx
investigation,or proceeding. Call 1-800-669-4000(toll free)
1-800-669-6820(TTY)
1-844-234-5122(ASL video phone)
Visit an EEOC field office(information at
www.eeoc.gov/field-office)
E-Mail info@eeoc.gov
o :, o .,o
Additional information about the EEOC, r ,
including information about filing a
charge of discrimination, is available at o
f ;
www.eeoc.gov.
EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS
The Department of Labor's Office of Federal Contract Protected Veteran Status
Compliance Programs(OFCCP)enforces the nondiscrimination
and affirmative action commitments of companies doing business The Vietnam Era Veterans'Readjustment Assistance Act of 1974,
with the Federal Government. If you are applying for a job with, as amended,38 U.S.C.4212,prohibits employment discrimination
or are an employee of,a company with a Federal contract or against,and requires affirmative action to recruit,employ,and
subcontract,you are protected under Federal law from advance in employment,disabled veterans,recently separated
discrimination on the following bases: veterans(i.e.,within three years of discharge or release from
active duty),active duty wartime or campaign badge veterans,
Race, Color, Religion, Sex, Sexual Orientation,
or Armed Forces service medal veterans.
Gender Identity, National Origin
Retaliation
Executive Order 11246,as amended,prohibits employment
Retaliation is prohibited against a person who files a complaintdiscriminationbyFederalcontractorsbasedonrace,color,
of discrimination,participates in an OFCCP proceeding,or
religion,sex,sexual orientation,gender identity,or national
otherwise opposes discrimination by Federal contractors
origin,and requires affirmative action to ensure equality of
under these Federal laws.
opportunity in all aspects of employment.
Any person who believes a contractor has violated its
Asking About, Disclosing, or Discussing Pay nondiscrimination or affirmative action obligations under
OFCCP's authorities should contact immediately:
Executive Order 11246,as amended,protects applicants and
employees of Federal contractors from discrimination based on The Office of Federal Contract Compliance Programs(OFCCP)
inquiring about,disclosing,or discussing their compensation or U.S.Department of Labor
the compensation of other applicants or employees. 200 Constitution Avenue,N.W.
Washington,D.C.20210
Disability 1-800-397-6251(toll-free)
Section 503 of the Rehabilitation Act of 1973,as amended, If you are deaf,hard of hearing,or have a speech disability,please dial
protects qualified individuals with disabilities from discrimination 7-1-1 to access telecommunications relay services.OFCCP may also
in hiring,promotion,discharge,pay,fringe benefits,job be contacted by submitting a question online to OFCCP's Help Desk
training,classification,referral,and other aspects of employment at https://ofccphelpdesk.dol.gov/s/,or by calling an OFCCP regional
by Federal contractors. Disability discrimination includes not or district office,listed in most telephone directories under U.S.
making reasonable accommodation to the known physical or Government,Department of Labor and on OFCCP's"Contact Us"
mental limitations of an otherwise qualified individual with a webpage at https://www.dol.gov/agencies/ofccp/contact.
disability who is an applicant or employee,barring undue
hardship to the employer.Section 503 also requires that
Federal contractors take affirmative action to employ and
advance in employment qualified individuals with disabilities
at all levels of employment,including the executive level.
PROGRAM'S OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Race, Color, National Origin, Sex Individuals with Disabilities
In addition to the protections of Title VII of the Civil Rights Act Section 504 of the Rehabilitation Act of 1973,as amended,
of 1964,as amended,Title VI of the Civil Rights Act of 1964,as prohibits employment discrimination on the basis of disability
amended, prohibits discrimination on the basis of race,color in any program or activity which receives Federal financial assistance.
or national origin in programs or activities receiving Federal Discrimination is prohibited in all aspects of employment against
financial assistance. Employment discrimination is covered by persons with disabilities who,with or without reasonable
Title VI if the primary objective of the financial assistance is accommodation,can perform the essential functions of the job.
provision of employment,or where employment discrimination
causes or may cause discrimination in providing services under If you believe you have been discriminated against in a program
such programs.Title IX of the Education Amendments of 1972 of any institution which receives Federal financial assistance,
prohibits employment discrimination on the basis of sex in you should immediately contact the Federal agency providing
educational programs or activities which receive Federal such assistance.
financial assistance.
Revised 10/20/2022)
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4JP` EMp4O`
a 4.a
Zl
y
ry 2 Conozca sus Derechos:J. A
Ao y
111 ,;`y1 La Discrimination en el Lugar de Trabajo es Ilegal
41/tTV C(Pl"
La Comision Para Ia Igualdad de Oportunidades en el Empleo (EEOC, por sus siglas en ingles) de los EE.
UU.hace cumplir las leyes federales que to protegen contra Ia discriminacion en el empleo.Si cree que ha
sido discriminado(a) en el trabajo o al solicitar un trabajo, Ia EEOC puede ayudarle.
4Quien este Protegido? ZQue Practicas Laborales Pueden ser
Empleados(actuales y anteri- • Miembros de sindicatos y
Discriminatorias?
ores),incluyendo gerentes y Solicitantes de membresia en
Todos los aspectos del empleo,incluyendo:
empleados temporales un sindicato
Aplicantes de trabajo
Despidos Clasificacion
Acoso(incluyendo conducta • Referencias
fisica o verbal no deseada) •Obtencion o divulgacion de
Que Organizaciones estan Cubiertas? Contratacion o promocion informacion genetica de los
La mayoria de los Instituciones educativas Asignaciones empleados
empleadores privados como empleadores) Remuneracion (salarios Solicitud o divulgacion de
Gobiernos estatales y locales •Sindicatos desiguales o compensacion) informacion medica de los
como empleadores) Agencias de empleo Falta de proporcionar
empleados
adaptaciones razonables para •Conducts que podria desalen
una discapacidad o para Ia tar razonablemente a alguien
Que Tipos de Discriminacion Laboral son
creencia,observancia o de oponerse a la discrimi-
Ilegales?prectica de una fe religiosa nacion,presentar un cargo
sinceramente realizada o participar en una investi-
Seg6n las leyes de la EEOC,un empleador no puede discrim- gacion o procedimiento.
inarlo,independientemente de su estatus migratorio,por
Beneficios
motivos de: Formacion profesional
Raza Informacion genetica
Color incluyendo solicitudes del GQue Puede Hacer si Cree que ha Ocurrido
Religion
empleador para la compra, Discriminacion?
el use o Ia divulgacion de
Origen nacional
pruebas genetical,servicios Comuniquese con la EEOC de inmediato si sospecha discrimi-
Sexo(incluyendo embarazo geneticos o historial medico nacion. No demore,porque existen limites de tiempo estrictos
y condiciones relacionadas, familiar) para presentar una denuncia por discriminacion(180 o 300 Bias,
orientation sexual o identi- •Tomar represalias por presen-
segun el lugar donde viva o trabaje). Puede comunicarse con la
dad de genero) tar un cargo,oponerse razon
EEOC de cualquiera de las siguientes maneras:
Edad(40 anos o mas) ablemente a la discriminacion Presentar una consulta a traves del Portal Publico de la EEOC:
Discapacidad o participar en una demands,https://publicportal.eeoc.gov/Portal/Login.aspx
investigacion o procedimiento
por discriminacion. Llame 1-800-669-4000(numero gratuito)
1-800-669-6820(TTY)
1-844-234-5122(Video Telefono de ASL)
Visite una Oficina de Campo de la EEOC(informacion en
www.eeoc.gov/field-office)
Corre Electronico: info@eeoc.gov 0. • ^ 0
Informacion adicional sobre la EEOC,incluyendo
informacion sobre como presentar un cargo de '1ilke,i,
discriminacion,este disponible en www.eeoc.gov/es.
D- n , Ala M:.l aS Vllm`'Ili
EMPLEADORES QUE TIENEN CONTRATOS 0 SUBCONTRATOS FEDERALES
La Oficina de Programas de Cumplimiento de Contratos Federales Estatus Protegido Como Veterano
OFCCP,por sus siglas en ingles)del Departamento de Trabajo
hace cumplir los compromisos de no discriminacion y accion El Acta de Asistencia para el Reajuste de los Veteranos de la Era de
afirmativa de las empresas que hacen negocios con el gobierno Vietnam de 1974,modificada,38 U.S.C.4212,prohibe la discrimi-
federal.Si esta solicitando un trabajo con,o es un empleado de nacion laboral y requiere accion afirmativa para reclutar,emplear
una empresa con un contrato o subcontrato federal,usted esta y avanzar en el empleo a veteranos discapacitados,veteranos
protegido(a)por la ley federal contra la discriminacion en las recientemente separados(es decir,dentro de los tres arms poste
siguientes bases: riores al su separacion o liberacion del servicio activo,veteranos
en servicio activo en tempo de guerra o insignia de campana,o
veteranos con medallas de servicio de las fuerzas armadas.
Raza, Color, Religion, Sexo, Orientacion Sexual,
Identidad de Genero, Origen Nacional Represalias
La Orden Ejecutiva 11246,enmendada,prohibe la discriminacion
Se prohiben las represalias contra una persona que presente unalaboralporpartedeloscontratistasfederalespormotivosde
queja por discriminacion,participe en un procedimiento de la
raza)color,religion,sexo,orientacion sexual,identidad de genero OFCCP o se oponga a Ia discriminacion por parte de contratistas
u origen nacional,y requiere accion afirmativa para garantizar la
federales en virtud de estas leyes federales.
igualdad de oportunidades en todos los aspectos del empleo._
Cualquier persona que crea que un contratista ha violado sus
Preguntar, Divulgar o Discutir Salarios obligaciones de no discriminar o accion afirmativa bajo las autori-
La Orden Ejecutiva 11246,enmendada,protege a los solicitantes
dades de la OFCCP debe comunicarse de inmediato con:
y empleados de contratistas federales de la discriminacion basada La Oficina de Programas de Cumplimiento de Contratos Federales
en preguntar,divulgar o discutir su compensacion o Ia compen- (OFCCP),
sacion de otros solicitantes o empleados. Departamento de Trabajo de los EE.UU.,
200 Constitution Avenue,N.W.
Discapacidad Washington,D.C.20210
1-800-397-6251(Ilamada gratuita).
La Seccion 503 del Acta de Rehabilitacion de 1973,segtin enmenda-
da,protege a las personas calificadas con discapacidades contra Ia Si es sordo,tiene problemas de audicion o tiene una discapaci-
discriminacion en la contratacion,promocion,despido,pago,ben-
dad del habla, marque 7-1-1 para acceder a los servicios de
eficios complementarios,capacitacion laboral,clasificacion,referen- retransmision de telecomunicaciones.Tambien se puede contac-
cias y otros aspectos del empleo por parte de contratistas federales. tar a la OFCCP enviando una pregunta en linea a.Ia mesa de ayu-
La discriminacion por discapacidad incluye no hacer adaptaciones da de la OFCCP en https://ofccphelpdesk.dol.gov/s/, o Ilamando
razonables alas limitaciones fisicas o mentales conocidas de una a una oficina regional o distrital de la OFCCP,que figura en la
persona con una discapacidad que de otro modo calificaria y que mayoria de los directories telefonicos bajo
es un solicitante o empleado,a menos que haga una dificultad
excesiva para el empleador.La Seccion 503 tambien requiere que
los contratistas federales tomen medidas afirmativas para emplear
y promover a personas calificadas con discapacidades en todos Ios
niveles de empleo,incluyendo a nivel ejecutivo.
PROGRAMAS 0 ACTIVIDADES QUE RECIBEN ASISTENCIA FINANCIERA FEDERAL
Raza, Color, Origen Nacional, Sexo Personas con Discapacidades
Ademas de las protecciones del Titulo VII del Acta de Derechos Ci- La Seccion 504 del Acta de Rehabilitacion de 1973,enmendada,
viles de 1964,segtin enmendada,el Titulo VI del Acta de Derechos prohibe la discriminacion laboral por motivos de discapacidad en
Civiles de 1964,segtin:enmendada,prohibe la discriminacion por cualquier programa o actividad que reciba asistencia financiera
motivos de raza,color,u origen nacional en programas.o activi- federal.Esta prohibida la discriminacion en todos los aspectos de
dades que reciben asistencia financiera.La discriminacion laboral empleo contra las personas con discapacidades que,con o sin ajustes
esta cubierta por el Titulo VI si el objetivo principal de la asistencia razonables,pueden desempenar las funciones esenciales del trabajo.
financiera es Ia provision de empleo,o cuando la discriminacion
laboral cause o pueda causar discriminacion en Ia prestacion de . Si cree que ha sido discriminado(a)en un programa de cualquier
servicios bajo dichos programas.El Titulo IX de las Enmiendas de instituciOn que recibe asistencia financiera federal,debe
Educacion de 1972 prohibe la discriminacion laboral por razon de comunicarse de inmediato con la agencia federal que brinda dicha
sexo en programas o actividades educativas que reciben asistencia asistencia.
financiera federal.
Actualizado 10-20-2022)
m litoyE itiGHTs
FOR LABORERS AND MECHA
UNDER THE DAVIS-BACON ACT
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted
WAGES with this Notice for the work you perform.
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked
over 40 in a work week.There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due,and
liquidated damages may apply if overtime pay requirements are not met.Davis-Bacon contract
clauses allow contract termination and debarment of contractors from future federal contracts for
up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks
may be subject to civil or criminal prosecution;fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under.approved Federal or State
apprenticeship programs.
PROPER PAY If you do not receive proper pay,or require further information on the applicable wages,contact
the Contracting Officer listed below:
or contact the U.S.Department of Labor's Wage and Hour Division.
4, 1-866-487-9243 tWEIOltWAGEANDHOURDIVISIONTTY:1-877-889-5627 Ir
UNITED STATES DEPARTMENT OF LABOR www.dol.gov/whd LF'
WH1321 REV 1W17
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
PARA OBREROS Y MECANICOS
EMPLEADOS EN PROYECTOS DE
CONSTRUCCION FEDERAL 0 CON
ASISTENCIA FEDERAL
SALARIOS No se le puede pagar menos de la tasa de pago indicada en la Decision de Salarios Davis-Bacon fijada con
PREVALECIENTES este Aviso para el trabajo que Ud.desempena.
SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa basica de pago por todas las horas trabajadas
en exceso de 40 en una semana laboral.Existen pocas excepciones.
CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago
de sobretiempo debidos,y se podrfa aplicar dark's y perjuicios si no se cumple con las exigencias del
pago de sobretiempo.Las clausulas contractuales de Davis-Bacon permiten la terminacion y exclusion
de contratistas pars efectuar futuros contratos federales hasta tres anos.EI contratista que falsifique
los registros certificados de las nominas de pago o induzca devoluciones de salarios puede ser sujeto a
procesamiento civil o criminal,multas y/o encarcelamiento.
APRENDICES Las tasas de aprendices solo se aplican a aprendices correctamente inscritos bajo programas federales o
estatales aprobados.
PAGO APROPIADO SI Ud.no recibe el pago apropiado,o precisa de informacion adicional sobre los salarios aplicables,
pongase en contacto con el Contratista Oficial que aparece abajo: •
o pongase en contacto con la Division de Horas y Salaries del Departamento de Trabajo de los EE.UU.
u r°
A, 1-866-487-9243
4
g
DIVISION DE HORAS Y SALARIOS TTY:1-877-889-5627 IV} .
DEPARTAMENTO DE TRABAJO DE LOS EE.UU. www.dol.gov/whds r
WH1321 SPA REV 10/17
1- TRq'SP
p ZNOTICE
ATES.OF
The highway construction underway at this location is a
Federal or Federal-aid project and is subject to applicable
State and Federal laws, including Title 18., United States
Code, Section 1020, which reads as follows:
Whoever, being an officer, agent, or employee of the United States, or any
State or Territory, or whoever, whether a person, association, firm or
corporation, knowingly makes any false statement, false representation or false
report.as 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
costs thereof in connection with the submission of plans, maps, specifications,
contracts, or costs of construction of 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
a material fact in any statement, certificate, or report submitted pursuant to the
provision of the Federal Aid Road Act approved July 11, 1916 (39 Stat. 355) as
amended and supplemented,
Shall be fined under this title or imprisoned not more than five years, or both."
Any person having reason to believe this statute is being
violated should report the same to the agency representative(s)
named below.
State Transportation Agency U.S. Department of Federal Highway Administration
Transportation Division Administrator
Hotline for
Fraud, Waste, &Abuse
1-800-424-9071
FHWA Form-1022(Revised May2015)
LR-35 Attachment No. 4
R JobSafetyand HealthSHP6
Occupational Safety rugs I
I
S [ I i//,1)/ u
U.S.Department of Labor and Health Administration v v
All workers have the right to: Employers must:
A safe workplace. Provide employees a workplace free from
Raise a safety or health concern with
recognized hazards. It is illegal to retaliate
your employer or OSHA, or report a work- against an employee for using any of their
related injury or illness, without being rights under the law, including raising a
retaliated against. health and safety concern with you or
with OSHA, or reporting a work-related
Receive information and training on injury or illness.
job hazards, including all hazardous
substances in your workplace. Comply with all applicable OSHA standards.
Request a confidential OSHA inspection • Notify OSHA within 8 hours of a
of your workplace if you believe there are workplace fatality or within 24 hours of
unsafe or unhealthy conditions.You have any work-related inpatient hospitalization,
the right to have a representative contact
amputation, or loss of an eye.
OSHA on your behalf. Provide required training to all workers
Participate (or have your representative in a language and vocabulary they can
participate) in an OSHA inspection and
understand.
speak in private to the inspector.Prominently display this poster in the
File a complaint with OSHA within
workplace.
30 days (by phone, online or by mail) Post OSHA citations at or near the
if you have been retaliated against for place of the alleged violations.
using your rights.
See any OSHA citations issued to On Site Consultation services are
your employer.
available to small and medium-sized
employers,without citation or penalty,
Request copies of your medical through OSHA-supported consultation
records,tests that measure hazards programs in every state.
in the workplace, and the workplace
injury and illness log.AO, t demifroArlieThisposterisavailablefreefromOSHA.
A7ifit fill
u §
kit-', x ., rsry. G 'a..,
t;
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Contact;OSHA 4can help
6. 2 13,
411;fro°,111
1-800-321-OSHA (6742) • WY T-877-869- 827 • www.osha.gov
f `
x SI-IN Seguridad y Salud en el Trabajo
Seguridad
stracion de H/]Seguridad y Salud ILADepardelosEdohaGajoa.los ee.uu. Ocupacional
Todos los trabajadores tienen el derecho a: Los empleadores deben:
Un lugar de trabajo seguro. Proveer a los trabajadores un luger de trabajo
Decir algo a su empleador o la OSHA sobre libre de peligros reconocidos. Es ilegal
discri
preocupaciones de seguridad o salud, o
minar contra un empleado quien ha
reportar una lesion o enfermedad en el ejercido sus derechos bajo la ley,incluyendo
trabajo, sin sufrir represalias.
hablando sobre preocupaciones de seguridad o
salud a usted o con la OSHA,o por reportar una
Recibir informacion y entrenamiento sobre lesion o enfermedad relacionada con el trabajo,
los peligros del trabajo, incluyendo sustancias
toxicas en su sitio de trabajo.
Cumplir con todas las normas aplicables
de la OSHA.
Pedir una inspeccion confidencial de OSHA
de su lugar de trabajo si usted cree que hay
Notificar a la OSHA dentro de 8 horas de
condiciones inseguras o insalubres. Usted
una fatalidad laboral o dentro de 24 horas
tiene el derecho a que un representante se
de cualquier hospitalizaciOn,amputaciOn, o
comunique con OSHA en su Hombre.
perdida de ojo relacionado con el trabajo.
Participar(o su representante puede
Proporcionar el entrenamiento requerido
participar) en la inspecciOn de OSHA y hablar a todas los trabajadores en un idioms y
en privado con el inspector. vocabulario que pueden entender.
Presenter una queja con la OSHA dentro
Mostrar claramente este cartel en el lugar
de 30 dies(por telefono, por internet, o por
de trabajo.
correo)si usted ha sufrido represalias por Mostrar las citaciones de la OSHA acerca del
ejercer sus derechos. luger de la violaciOn alegada.
Ver cualquieras citaciones de la OSHA
emitidas a su empleador.
Servicios de consulta en el lugar de trabajo
estsn disponibles para empleadores de tamano
Pedir copies de sus registros medicos, pequeno y mediano sin citacion o multa,a
pruebas que miden los peligros en el trabajo, travel de los programas de consulta apoyados
y registros de lesiones y enfermedades por la OSHA en cads estado.
relacionadas con el trabajo.
Este cartel este disponible de la OSHA pars gratis. Ali
dame OS A Podemos ayudar
jipoi,oft
111701e1111.4"h1_/?111
WI 7447
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11.11:
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1-800-321-OSHA(6742) • TIT 7 ®889-56 7 • www.osha.gov
3:ti.
Attachment No. 5
FEDERAL PREVAILING WAGE RATES FOR THE WORK
Beneath this sheet.]
11/22/22,7:44 AM SAM.gov
General Decision Number: CA20220024 10/14/2022
Superseded General Decision Number: CA20210024
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS.:(does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
If the contract is entered . Executive Order 14026
into on or after January 30, generally applies to the
2022, or the contract is contract.
renewed or extended (e.g., an . The contractor must pay
option is exercised) on or all covered workers at
after January 30, 2022: least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
If the contract was awarded on . Executive Order 13658
or between January 1, 2015 and generally applies to the
January 29, 2022, and the contract.
contract is not renewed or . The contractor must pay all
extended on or after January covered workers at least
30, 2022: 11.25 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2022.
The applicable Executive-Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 1/25
11/22/22,7:44 AM SAM.gov
Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/04/2022
4 02/18/2022
5 02/25/2022
6 03/04/2022
7 04/01/2022
8 04/29/2022
9 08/05/2022
10 08/12/2022
11 08/19/2022
12 09/02/2022
13 09/30/2022
14 10/07/2022
15 10/14/2022
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) $ 49.58 25.27
Fire Stop Technician
Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)32.09 19.66
ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) $ 23.52 13.37
BRCA0004-010 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER 41.39 18.95
The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada.
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
BRCA0018-004 06/01/2021
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 2/25
11/22/22,7:44 AM SAM.gov
Rates Fringes
MARBLE FINISHER 35.90 14.11
TILE FINISHER 30.47 12.52
TILE LAYER 43.09 18.31
BRCA0018-010 09/01/2021
Rates. Fringes
TERRAZZO FINISHER 35.43 14.10
TERRAZZO WORKER/SETTER 43.61 14.63
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer 51.60 16.28
2) Millwright 52.10 16.48.
3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
Commercial) 51.73 16.28
4) Pneumatic Nailer,
Power Stapler 51.85 16.28
5) Sawfiler 51.69 16.28
6) Scaffold Builder 42.80 16.28
7) Table Power Saw
Operator 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER $ 51.60 16.28
STOCKER/SCRAPPER 22.16 8.62
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer 21.85 7.15
ELEC0011-002 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 3/25
11/22/22,7:44 AM SAM.gov
Communications System
Installer 43.87 3%+15.03
Technician 33.30 3%+27.82
SCOPE OF WORK:
Installation, testing,- service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and, entertainment purposes for the following: TV
monitoring and, surveillance, background-foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems 'in commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;.
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
ELECO441-001 12/27/2021
Rates Fringes
CABLE SPLICER 54.65 22.98
ELECTRICIAN 52.25 22.91
ELEC0441-003 12/27/2021
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer 41.68 15.90
Technician 31.23 15.39
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems. '
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA '(Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems.
Digital data systems Broadband& baseband and carriers
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 4/25
11/22/22,7:44 AM SAM.gov
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber.; optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits.
2. Fire Alarms-Open Wire Systems: installed by the Technician.
ELECO441-004 12/27/2021
Rates Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
Splicer 52.85 22.93
Electrician 52.25 22.91
Technician 39.19 22.52
SCOPE OF WORK: Electrical work on public streets, freeways,
toll-ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways, toll-ways, etc.
Intelligent Transportation Systems shall include all systems
and components to control, monitor, and communicate with
pedestrian or vehicular traffic, included but not limited
to: installation, modification, removal of all Fiber.optic
Video System, Fiber Optic Data Systems, Direct interconnect
and Communications Systems, Microwave Data and Video
Systems, Infrared and Sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio Systems, highway Weight and
Motion Systems, etc.
Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,.
fitting and bandaging of ducts, raceways, and conduits.
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The cleaning, rodding and installation of ""fish and pull
wires"". The excavation, setting, leveling and grouting of
precast manholes, vaults, and pull boxes including ground
rods or grounding systems, rock necessary for leveling and
drainagae as well as pouring of a concrete envelope if
needed.
JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
JOURNEYMAN TECHNICIAN duties shall consist of: Distribution
of material at job site, manual excavation and backfill,
installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication
systems. Pulling, terminating and splicing of traffic
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video/data.
ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
1) Lineman; Cable splicer $ 64.40 22.58
2) Equipment specialist
operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) 50.00 21.30
3) Groundman 38.23 20.89
4) Powderman 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for. employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New, Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
ENGIO012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
All Other Work)
GROUP 1 48.25 27.20
GROUP 2 49.03 27.20
GROUP 3 49.32 27.20
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GROUP 4 50.81 27.20
GROUP 5 48.96 25.25
GROUP 6 51.03 27.20
GROUP 8 51.14 27.20
GROUP 9 49.29 25.25
GROUP 10 51.26 27.20
GROUP 11 49.41 25.25
GROUP 12 51.43 27.20
GROUP 13 51.53 27.20
GROUP 14 51.56 27.20
GROUP 15 51.64 27.20
GROUP 16 51.76 27.20
GROUP 17 51.93 27.20
GROUP 18 52.03 27.20
GROUP 19 52.14 27.20
GROUP 20 52.26 27.20
GROUP 21 52.43 27.20
GROUP 22 52.53 27.20
GROUP 23 52.64 27.20
GROUP 24 52.76 27.20
GROUP 25 52.93 27.20
OPERATOR: Power Equipment
Cranes, Piledriving &
Hoisting)
GROUP 1 49.60 27.20
GROUP 2 50.38 27.20
GROUP 3 50.67 27.20
GROUP 4 50.81 27.20
GROUP 5 51.03 27.20
GROUP 6 51.14 27.20
GROUP 7 51.26 27.20
GROUP 8 51.43 27.20
GROUP. 9 51.60 27.20
GROUP 10 52.60 27.20
GROUP 11 53.60 27.20
GROUP 12 54.60 27.20
GROUP 13 . 55.60 27.20
OPERATOR: Power Equipment
Tunnel Work)
GROUP 1 50.10 27.20
GROUP 2 50.88 27.20
GROUP 3 51.17 27.20
GROUP 4 51.31 27.20
GROUP 5 51.53 27.20
GROUP 6 51.64 27.20
GROUP 7 51.76 27.20
PREMIUM PAY:
3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material.
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
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Witch, with seat or similar type equipment; Elevator .
operator-inside; Engineer Oiler; Forklift operator
includes Toed, lull or similar types under-5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes Toed, lull or similar
types over. 5tons; Hydrostatic pump operator; oiler crusher
asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine 'operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types —drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.);; Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and .
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including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum,blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); .Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); 'Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator. (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 y.ds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
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crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman -Welder Combination, Welder
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds.. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two,(2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar,. over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
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units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers,-belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck).
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes Toed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
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type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including.25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons ,
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc),, Mobile tower crane operator
over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type .(over 300 tons);
Mobile tower crane operator (over 300 tons).
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
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GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
Hackley-Presswell or similar.type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State_ line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino.
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T275,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T245, R4OE, MDM. Continue W along the Inyo and Kern County,
boundary until theintersection with Tulare County, at that
point which is the SW corner of the.SE quarter of Section 32,
T245, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW. corner of T255,
R32E, MDM. Continue S following R32E lines to the NW corner of
T315, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R3OE, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T15, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R1OE, SBM. Continue S along west boundary of R1OE, SBM to
Imperial County line at the SW corner of T8S, R1OE, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
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and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T3OS, R16E, MDM. Continue E to SW
corner of T305, R17E, MDM. Continue 5 to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T315, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R3OW, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County_•and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T325, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T255, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T255, R16E, MDM.
2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue 5 then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the,_NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire. western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T245, R37E,: MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the .SE corner of section 34, T245, R40E, MDM. . Continue E along
the Inyo and San Bernardino County. boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T255, R42E, MDM. Continue 5 to that point which is
the SW corner of the NW quarter of Section 6, T275, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGIO012-004 08/01/2020
Rates Fringes
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OPERATOR: Power Equipment
DREDGING)
1) Leverman 56.40 30.00
2) Dredge dozer 50.43 30.00
3) Deckmate 50.32 30.00
4) Winch operator (stern
winch on dredge) 49.77 30.00
5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand 49.23 30.00
6) Barge Mate 49.84 30.00
IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector 34.58 24.81
Ornamental, Reinforcing
and Structural 41.00 33.45
PREMIUM PAY:
6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine.
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center '
2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
L4B00300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LAB00345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
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11/22/22,7:44 AM SAM.gov
GROUP 1 48.50 21.37
GROUP 2 47.55 21.37
GROUP 3 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended, from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall. receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LABOO652=001 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP, 1 45.68 23.30
GROUP 2 46.00 23.30
GROUP 3 46.46 23.30
GROUP 4 47.15 23.30
LABORER
GROUP 1 36.39 21.04
GROUP 2 36.94 21.04
GROUP 3 37.49 21.04
GROUP 4 39.04 21.04
GROUP 5 39.39 21.04.
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of 'lumber; Fire watcher, limber, brush loader,
oiler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer,, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 16/25
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mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power'
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; .Concrete,
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
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other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
LABOO652-003 07/01/2022
Rates Fringes
Brick Tender 37.32 21.45
LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
1) Drilling Crew Laborer $ 40.69 18.25
2) Vehicle Operator/Hauler $ 40.86 18.25
3) Horizontal Directional
Drill Operator 42.71 18.25
4) Electronic Tracking
Locator 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 41.90 21.32
GROUP 2 43.20 21.32
GROUP 3 45.21 21.32
GROUP 4 46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
sandblasting, waterblasting, grinding, etc.) and
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preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement.markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
LABO1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER $ 38.92 23.32
PLASTER TENDER 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
1) Repaint (excludes San
Diego County) 29.59 17.12
2) All Other Work 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports. facilities.
PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER 46.28 23.52
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 19/25
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hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
PAIN1247-002 08/01/2022
Rates Fringes
SOFT FLOOR LAYER 39.95 15.28.
PLAS0200-009 08/03/2022
Rates Fringes-
PLASTERER 47.37 19.64
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER $ 38.50 25.91
PLUM0016-001 09/01/2022
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work 40.95 23.61.
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of,,
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work 55.18 26.26
PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work $ 42.29 23.03
R00F0036-002 08/01/2022
Rates Fringes
ROOFER 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 20/25
11/22/22,7:44 AM SAM.gov
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay. -
SFCA0669-008 04/01/2022
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER 43.25 26.77
SFCA0709-003 01/01/2021
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS
ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire) 48.71 29.15
SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
1) Commercial - New
Construction and Remodel
work 50.23 29.60
2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort $ 48.28 29.46
TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP 1 32.59 30.59
GROUP 2 32.74 30.59
GROUP 3 32.87 30.59
GROUP 4 33.06 30.59
GROUP 5 33.09 30.59
GROUP 6 33.12 30.59
GROUP 7 33.37 30.59
GROUP 8 33.62 30.59
GROUP 9 33.82 30.59
GROUP 10 34.12 30.59
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 21/25
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GROUP 11 34.62 30.59
GROUP 12 35.05 30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo& Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or. over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 22/25
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Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If.this
contract is' covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care;. or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current. union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 23/25
11/22/22,7:44 AM SAM.gov
non-union rates. Example: SULA2O12-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 24/25
11/22/22,7:44 AM SAM.gov;
Wage and Hour.Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
https://sam.gov/wage-determination/CA20220024/15 Attachment No. 5 25/25
BOND PREMIUM IS$7,166.00 WHICH IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
BOND ISSUED IN DUPLICATE
Bond No. 6131048328 _
CALIFORNIA PUBLIC WORKS
PERFORMANCE BOND
TO WHOM IT MAY CONCERN:
WE, California Professional Engineering, Inc. CONTRACTOR) as Principal, and
United States Fire Insurance Company SURETY), a Corporation organized and existing under
the laws of the State of Delaware and authorized to transact business in the State of California,as
Surety, are held and firmly bound unto the CITY OF ORANGE, hereinafter called the Obligee, in the sum of
Four Ffundred Ninety Seven Thousand Six Hundred Eighteen&00/100
497,618.00) for the payment as described herein, and we each of
us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by this
Performance Bond.
WHEREAS,the Principal is required to furnish this Performance Bond to the Obligee, guaranteeing the faithful
performance of a Contract to do and perform the following work:
Bid No.22-23.18;Project SP-4036;Chapman Avenue and Batavia Left-Turn Signal Modification;HSIPL-5073(090)
a copy of which Contract is or may be attached hereto, and is hereby referred to and made a part hereof.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the Principal shall well and truly
perform the work contracted to be performed under said Contract,then this obligation is null and void. Otherwise
this obligation shall remain in full force and effect. The Surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract, or the work to be performed thereunder, or
the specifications accompanying the same shall otherwise affect the obligations on this Performance Bond, and it
does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract
or to the work or to the specifications.
SIGNED AND SEALED this 23rd day of January 20 23
California Professional En ineerin Inc. United States Fie Insurance Com.an
CONT TOR E O' URET
BY: BY: Christinelifoang
EC TAR REASURER A TORNEY-IN-FACT
r
BY: BY: A
PRE IDENT E PRESIDENT APPROVEDMAAAP)ORM: CIT: ATTORlV`EY
NOTARY ACKNOWLEDGEMENTS ATTACHED
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On January 26, 2023 before me, Diem Chu, Notary Public
Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of tOp Stale,of California that
the foregoing paragraph is true and correct. aok CHu
3$733.41ftipi/6/:
WITNESS my hand and official seal.
la
Rs.cgC1FOR\v„,c4, •
o ary Public Signature Notary Public Seal) ',°?lammgeles
Go N1Exp.Oct Y`
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ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
Title or description of attached document) State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s)personally appeared whichTitleordescriptionofattacheddocumentcontinued) must also be the same date the acknowledgment is completed.
The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they,—is/are)or circling the correct forms.Failure to correctly indicate thisIndividual (s)information may lead to rejection of document recording.
0 Corporate Officer The notary seal impression must be clear and photographically reproducible.
President, Secretary Impression must not cover text or lines. If seal impression smudges,re-seal if a
Title) sufficient area permits,otherwise complete a different acknowledgment form.
Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this
Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
0 Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On I A N 9 9 n 93 before me, Irene Luong Notary Public,
Date `v`
Insert Name of Notary exactly as it appears on the official seal
personally appeared Christine Hoang
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), ,
and that by his/her/their signature(s) on the instrument the
IRENE LUONG person(s), or the entity upon behalf of which the person(s)
y;•. Notary Public California acted, executed the instrument.
v .; Orange County
Commt sion 2384919 I certify under PENALTY OF PERJURY under the laws of
My Comm.Expires Nov 30,2025 the State Californiaofttheforegoingparagraphistrue
and correct.
Witness my hand an o c' I se
Signature
Place Notary Seal Above Signature of N dt ry Public ene L ng
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer —Title(s):
Partner Limited General Partner Limited General
Attorney in Fact RIGHT THUMBPRINT Attorney in Fact RIGHT THUMBPRINT
Trustee OF SIGNER Trustee OF SIGNER
Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here
Other: Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY
07626
KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the
state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint:
Yung T.Mullick,James W.Moilanen,Irene Luong,P.Austin Neff,Emilie George,Christine Hoang,Danielle Hanson
each,its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and
deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States
Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the
regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties: Fifty Million Dollars($50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to
bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,
and consistent with Article III thereof,which Articles provide,in pertinent part:
Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any
Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation:
a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and
documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings,
recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages,
releases,satisfactions and agency agreements;
b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the
seal of the Corporation.
Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,
guarantees,undertakings,recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed,facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of
Directors,dividend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature
or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign
such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of
any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be
such at the time when such instruments shall be issued.
IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and
its corporate seal hereunto affixed this 28th day of September,2021.
UNITED STATES FIRE INSURANCE COMPANY
Matthew E.Lubin, President
State of New Jersey}
County of Morris }
On this 28th day of September,2021,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire
Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing
instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office.
NOURY PUBLIC INWJERSEY
Cep,slot*sel2e33
cartiNkowninnos
rI t/ 44,14 I4 •d.
Melissa H.D'Alessio (Notary Public)
I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which
the foregoing is a full,true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the23rd day
of January 20 23
UNITED STATES FIRE INSURANCE COMPANY
Michael C.Fay,Senior Vice President
BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND
BOND ISSUED IN DUPLICATE
Bond No. 6131048328
CALIFORNIA PUBLIC WORKS
PAYMENT BOND
Required for public works projects over$25,000J
TO WHOM IT MAY CONCERN:
WE, California Professional Engineering, Inc. CONTRACTOR) as Principal,
and United States Fire Insurance Company SURETY), a Corporation organized and existing under
the laws of the State of Delaware and authorized to transact business in the State of California,as
Surety, are held and firmly bound unto the CITY OF ORANGE,hereinafter called the Obligee, in the sum of
Four Hundred Ninety Seven Thousand Six Hundred Eighteen&00/100
497,618.00) for the payment as described herein,and we each of
us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by this
Payment Bond.
WHEREAS, the Principal is required to furnish this Payment Bond to the Obligee, guaranteeing the
payment of claims of laborers, mechanics, material suppliers and any other persons, as provided by the law in
connection with a Contract to do and perform the following work:
Bid No.22-23.18; Project SP-4036;Chapman Avenue and Batavia Left-Turn Signal Modification;HSIPL-5073(090)
a copy of which Contract is or may be attached hereto, and is hereby referred to and made a part hereof.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the Principal or its
subcontractors, shall fail to pay any person named in California Civil Code § 9100, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any person named in Civil Code §
9100, or any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the Principal and its subcontractors pursuant to Unemployment
Insurance Code § 13020, with respect to such work and labor, the Surety will pay for the same in an aggregate
amount not exceeding the sum specified in this Payment Bond,and also,in case suit is brought upon this Payment
Bond, a reasonable attorney's fee,to be fixed by the court in accordance with Civil Code § 9564.
THIS PAYMENT BOND shall inure to the benefit of any person named in Civil Code § 9100 so as to
give a right of action to such person or his/her assigns in any suit brought upon this Payment Bond,. ,
SIGNED AND SEALED this 23rd day of January 20- 23
California Pro sional Engineering Inc. United Stat s 'e Insurance Compa.7
NT OR
BY: BY: Christine ipang
SEC S RER TT RNEY-IN-FACT
BY: BY:
PRESIDENT/VICE P SIDENT APPROVED S TO FORM: CIT ATTORNEY
NOTARY ACKNOWLEDGEMENTS ATTACHED
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On January 26, 2023 before me, Diem Chu, Notary Public
Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the1SitAtg of California that
the foregoing paragraph is true and correct.o\EM cHu
S733•Mrtip
o atY ub/i ,c'. .or r C
WITNESS my hand and official seal.
C N
boaC411. Ws Off:
Notary •u lic Signature Notary Public Seal)
2
gel es c°<I.`
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
Title or description of attached document) State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Title or description of attached document Continued)
Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
lie/she/they, is lace)or circling the correct forms.Failure to correctly indicate thisIndividual (s)information may lead to rejection of document recording.
E Corporate Officer The notary seal impression must be clear and photographically reproducible.
President, Secretary Impression must not cover text or lines. If seal impression smudges,re-seal if a
Title) sufficient area permits,otherwise complete a different acknowledgment form.
Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this
Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
4. Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On J AN 2 3 20231 before me, Irene Luong Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Christine Hoang
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
IRENE LUONG and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)4,0 Notary Public-California
Z
rv`'
Orange County acted, executed the instrument.
Commission#2384919
a•` My Comm.Expires Nov 30,2025 I certify under PENALTY OF PERJURY under the laws of
the State of California the foreg..-6 •aragraph is true
and correct.
Witness my and and =I s-a
Signature
Place Notary Seal Above Signature of,'otary Public I Irne Luong
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer —Title(s):
Partner Limited General Partner Limited General
Attorney in Fact RIGHTTHUMBPRINT Attorney in Fact RIGHT THUMBPRINT
Trustee OF SIGNER Trustee OF SIGNER
Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here
Other: Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY
07626
KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the
state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint:
Yung T.Mullick,James W.Moilanen,Irene Luong,P.Austin Neff,Emilie George,Christine Hoang,Danielle Hanson
each,its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and
deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States
Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the
regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties: Fifty Million Dollars($50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to
bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,
and consistent with Article III thereof,which Articles provide,in pertinent part:
Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any
Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation:
a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and
documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings,
recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages,
releases,satisfactions and agency agreements;
b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the
seal of the Corporation.
Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,
guarantees,undertakings, recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed,facsimile,lithographed or otherwise produced. In addition, if and as authorized by the Board of
Directors,dividend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature
or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign
such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of
any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be
such at the time when such instruments shall be issued.
IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and
its corporate seal hereunto affixed this 28th day of September,2021.
UNITED STATES FIRE INSURANCE COMPANY
Matthew E.Lubin, President
State of New Jersey}
County of Morris }
On this 28th day of September,2021,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire
Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing
instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office.
MELISSAK mass*
Melissa H.D'Alessio (Notary Public)
I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which
the foregoing is a full,true and correct copy is still in"force and effect and has not been revoked.
IN WITNESS WHEREOF,I have"hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the23rd day
of January 2023
UNITED STATES FIRE INSURANCE COMPANY
Michael C.Fay,Senior Vice President