AGR-6961 - F S CONTRACTORS INC - CDBG FY 2019-20 ADA WHEELCHAIR ACCESS RAMP REPLACEMENT AT VARIOUS LOCATIONSR-l`lb I
CONTRACT
CDBG FY 2019-20—Americans with Disabilities Act (ADA)Wheelc6air Access Ramp
Replacement at Various Locations (Bid No. 190-22)
THIS CONTRACT (the "ContracY') is made and entered into as of QrC.Y.
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"),and F.S. CONTRACTORS,INC., a Califomia Corporation("Contractor"),who agree as
follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreemen[s hereinafrer mentioned,to
be made and performed by City,and under the conditions expressed in the two(2)bonds presented
to City with this Contract and inwrporated herein by this reference, Contractor hereby agrees to
and shall do all the work and fumish all the labor, materials, tools and equipment, except such as
are mentioned in the specifications to be fumished by City to Contractor,necessary to complete in
good workmanship and substantial manner the work(the"Work") described in:
1) The Project Maps for CDBG FY 2019-20—Americans with Disabilities Act(ADA)
Wheelchair Access Ramp Replacement at Various Locations (SP-4122) prepared for City by
Eduardo Lopez, approved by the "Engineer" (as defined herein below) on January 7, 2020, and
consisting of sheets numbered 1 through 6, inclusive (the "Plans");
2) The latest edition of the "City of Orange Standard Plans and Specifications° (the
Orange Book") with the term "Engineer," as used in the Orange Book and in this Contract, to
specifically include the City Engineer(or his/her designee);
3) The "Standard Specifications for Public Works Construction" (the"Green Book"),
and all amendments theceto;
4) The Contract Compliance Documents attached hereto as Attachment No. 3 and
incorporated herein by this reference;
5) The Labor Relations Forms attached hereto as Attachment No. 4 and incorporated
herein by this reference;
6) The"City of Orange Standard Special Provisions";
7) The Standard Plans;
8) The Project Special Provisions attached hereto as Attachment No. 5 and
incorporated herein by this reference;
9) The Federal Labor Standards Provisions attached hereto as Attachmen[No. 6 and
incotporated herein by this reference;
10) The Federal Prevailing Wage Rates attached hereto as Attachment No. 7 and
incorporated herein by this reference; and
11) 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 [hat a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereo£ 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 hereo£ A copy of the Special Provisions
and Standard Plans will also be kept on file with the City Clerk. Contractor hereby acknowledges
that it has read, reviewed and understands 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 refened to herein collectively as the"Plans and Specifications:'
a 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 cons[ruction 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 Principal Engineer,Randy Nguyen ("Authorized City Representative"),shall be the person
to whom Contractor will report for the performance of the Work hereundec 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 [he Authorized CiTy
Represen[ative 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 a d Contractor's Bid Proposal, [hen this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
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ARTICLE 2
Commencement of Work
Conhactor 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 to diligently prosecute completion
of the Work within forty five (45) 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 THREE
HLINDRED TWO THOUSAND DOLLARS and 00/100 ($302,000.00) as compensation for
furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said
wmpensation 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 comple[ing 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 Ciry
Representative. In anticipation of such contingencies, the sum of THIRTY THOUSAND TWO
HiJNDRED DOLLARS and 00/100 ($30,200.00)has been added to the total compensation of this
Agreement. The Authorized City Representative may approve the additional work and the ac[ual
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 Change Order approved by the
City Manager on a form accep[able 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 Agreement shall be completed in
such sequence as to assure their completion as expeditiously as is wnsistent with professional skill
and care in accordance with a cost estimate 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 Agreement,including contingencies,shall
no[exceed THREE HLJNDRED THIRTY-TW O THOUSAND TWO HUNDRED DOLLARS and
00/100 ($332,200.00).
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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 £aulty equipment,workmanship,
materials fumished 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, Co tractor shall make repairs and fumish such
materials and equipment as are necessary to be fumished and installed within fifreen(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 contractoc Contractor shall reimburse City, upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including[tte 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, Conhactor 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, sa£ety, welfare or convenience of[he residents of
City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Conhol Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
PermiP'), which govems storm water and non-storm water discharges resulting from municipal
activities performed by City or its contractocs. In order to comply with the Permit requirements,
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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[o. The Model Maintenance Procedures contain pollution prevention and
source wntrol 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 conhol the means by which Contractor accomplishes services rendered pursuant to this
Contract. Conuactor 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,tases,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 agen[. 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.
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 Califomia 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 ]ocated on the website of[he Deparhnent
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of Industrial Relations (www.dir.ca.eov/DLSRI. Additionally, to perform work under this
Contract, Contractor must meet all State regishation requirements and cri[eria, 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 wi[h 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 Califomia 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
under[ake self-insurance in accocdance 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 indecnnify,protect,defend and hold harmless City and its o cers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and al] 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 requireme t 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 pazagraph 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 regazd to their race, color, religion,
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 recmitment adver[ising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor shall post in
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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.
a 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 attemp[
to use its posi[ion as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers,parmers, or employees have a financial interest as
defined in Section 87103 of the Govemment Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, employees, attomeys, and contractors 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 o cers, employees, contractors or agents, or as a wnsequence 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 Con[ract by City or its officers, officials, agents,
employees, attomeys, or contractors. 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 azising out
of Contractor's work under this Agreement, including any and all claims under any law pedaining
to Contractor's status as an independent contractor.
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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 greatec
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 proper[y 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/loca[ion or the general aggregate
limit shall be twice the required
occurrence limit.
2) AutomobileLiability 1,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of Califomia.
4) Employer's Liability 1,000,000 pec 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 Ciry. No representation is made that the minimum insurance requirements of this Contract ate
su cient to cover the obligations of Contracror 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:
1) City, its officers, officials, agents, and employees are dedared 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
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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. I lieu of an
endorsement, Ciry 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 12.6, above, shall
apply to CiTy as an additional.
2) For any claims related to this project, 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, iu 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 ceRificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements should be on
forms acceptable to City. All certificates and endorsements are to be received and approved by
City before 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 per[inent line of insurance business in Califomia 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 [o 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. Co tractor
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.
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ARTICLE 13
Termination
City, acting through its CiTy Manager or his/her designee, reserves the right to terminate
this Confract for any reason by giving five (5) days' written notice of intent to termina[e to
Contractor. Upon receip[ of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City terminate [his Contract, City shall pay Contrac[or for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract,unless such termina[ion 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 afrer 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 i spection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be fumished 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 wa¢ants that Contractor.
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,
withou[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[erms 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
4) Has responded, and shall at all times during the term of this Contract respond, in a
imely fashion to any govemment inspection requests relating to immigration law compliance
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and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security,the Department of Labor, or the Socia] Security Administration.
c. Contractor shall require all subcontractors and/or sub-consultants to make these
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 cosu 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 of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and govemed 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, Califomia.
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 wri[ing and signed by bo[h paRies. The
City Manager is authorized to execute amendments to this Contract up to the amounts specified in
Chapter 3.08 oFthe Orange Municipal Code.
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ARTICLE 18
NoHce
Except as otherwise provided herein, all notices required under this Contract shall be in
wri[ing and delivered personaliy, by e-mail, or by first class mail, postage prepaid, to each par[y
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 eazlier. Notices sen[by e-mail shall be deemed received on
the date of the e-mail transmission.
CONTRACTOR" CITY"
F.S. Con[ractors, Inc. City of Orange
14838 Bledsoe Street 300 E. Chapman Avenue
Sylmar, CA 91342 Orange, CA 92866-1591
Attn: Jose Mgel Fierros Attn: Eduardo Lopez
Telephone: (818) 838-6040 Telephone: (714) 744-5527
E-Mail: martha@fscontractorsinc.com E-Mail: edlopez@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 constitu[e 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]
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IN WITNESS WHEREOF,the parties have entered into this Contract as of[he date and
year first above written.
CITY"
CITY OF ORANGE, a municipal corporation
By:
Mark A. urphy
Mayor of e City of Orange
CONTRACT, BONDSAND INSURANCE
APPROVED BY: ATTEST:
Ul.l l l
Mary E. Bi ning Pamela Coleman, City Clerk
Senior Ass tant City Atto ey
CONTRACTOR"
F.S. CONTRACTORS, INC.,
a California corporation
Note: Signature of Chairman of the By: v
Board, President or Vice President is Printed me: KetfL1S
required] Title: t i
ote: Signature of Secretary,Assistant By:
Secretary,Chief Financial Officer or Printed N e: ,c e (
Assistant Treasurer is also required] Title: of Ye U
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ATTACHMENT NO. 1
I CALIFOI2NIA 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 Conhact 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:
I)(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 be£ore July 1 of each year thereafrer. The annual renewal fee
shall be in a uniform acnount set by the Director of Industrial Relations,and the initial egishation and renewal
fees may be adjusted no more than annually by the director to support the costs specified in Section 17713.
B) Beginning June 1, 2019, a contractor may register or renew acwrding 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 yeazs 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 conhactor 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 determenation that is under appeal, provided that the contractor has secured the payment of any
amo.n[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£or public works without being lawfully registered in acwrdance with this section,
within [he preceding 12 months or since the effective date of the requirements set forth in subdivision (e),
whichever is eadier. If a contractor is found to be in violation of the requirements of this paragraph,the period
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of disqualification shall be waived if both of the following are true:
i)The conhactor 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 17713 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, afrer a body awarding a contrac[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 wurt 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
Indusuial 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 afrer Maroh 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.
This section does not apply to work performed on a public works project of riventy-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 fifreen 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 wotk
fixed as provided in this chapter, shall be paid to all workers employed on public works.
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This section is applicable only to work performed under conuact,and is not applicable to work carried
out by a public agency with its own£orces. This section is applicable to contracts let for maintenance work.
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 70291 of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is regis[ered 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 shal] not be accep[ed 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 pazagraph (2) of subdivision(a) of Section 1725.5.
3) The subcontrac[or 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.
A contract entered into with any contractor or subcontractor in violation of subdivision(a) shall be subjec[
to cancellation,provided that a contract for public work shall no[be unlawful, void, or voidable solely due to
the failure of the awarding body, contractor, or any subconhactor 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)(I) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
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iered 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 subjectto£orfeiture,as a civil penalty to the state,of one hundred dollars($100)
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 tequirements 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 registra[ion.
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 govem proceedings for review of civi] wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Atticle 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 wntractor 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,
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or both. The appeal, hearing, and any further review of the hearing decision shall be govemed by the
procedures, time limits, and other requ'uements specified in subdivision (a) of Section 238.1.
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
en thousand dollars ($10,000), or both.
I) This section shall apply to any bid proposal submitted on or afrer March 1, 2015, and any contract for
public work e tered 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[he 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 17713 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 requiremeuts when bidding and awarding pubGc works contracts
a) All of the following are applicable to all public wocks projects that are otherwise subject [o the
requirements of this chapter:
1)The call for bids and contract documents shall specify that the projec[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 subconhactor shall furnish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A) A[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 ( of Section 1725.5, the unregistered
contractor or subconhactor is not required to fumish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years afrer
completion of the work.
Attachment No. 1 miiv
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5)The deparhnent shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements o£subdivision (a) if either of the following occurs:
1)The awazding 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 bazgaining agreement that binds all contractors performing
work on the projec[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 afrer January 1, 2016.
Section 1775. Penalties for violations
a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the sta[e 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 for[y dollars ($40) for each calendar day, or portion[hereof, 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 conuactor or subcontractor.
ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or podion 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.
Attachment No. 1 pnnv
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C) If the amount due under [his 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
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this sectio.
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 fot 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[he 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 ofper 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
no[limited to,retaining su cient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to the subcon[ractor for work performed on [he public works project, the
contractor shall ob[ain 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 projec[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 conhactor 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 eachjoumeyman, appren[ice, 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 informa[ion contained in the payroll record is true and correct.
Attachment No. 1 poav
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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.
b)The payroll records enumerated under subdivision(a)shall be certified and shall be available for inspection
at all reasonable hours at the principal o ce of the contractor on the following basis:
1)A certified copy of an employee's payroll record shall be made available for inspection or fumished 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 En£orcement 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 thereo£ However, a request by the public shall be made through
either the body awarding the contract or the Division of Labor Standards Enforcement. Ifthe 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 wntractor, 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 rewrds 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 (, any copy of records made available for inspection as copies and
fumished 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 conhact or the subcontractor
performing[he contract shall not be marked or obliterated. Any copy of records made available for inspection
by, or fumished to, a multiemployer Taft-Hartley tmst fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the purposes of allocating contribu[ions 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 numbec Any copy ofrecords made available for inspection by, or fumished to, ajoint 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 individuaPs social sewrity
number.
fl(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 cer[ified payroll made available for
inspection and furnished upon request to the public by an agency included in the 7oint Enforcement Strike
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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.
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 poRion
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 sectian.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
j)The director shall adopt mles consistent with the California Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of[he 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) goveming 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; staudards; 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 par[icipants 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 a[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 sec[ion to perform work on a public works project and requires the apprentice
to fill out an application or undergo tes[ing, 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
activiry,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.
Attachment No. 1 poav
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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
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 Califomia 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 hade,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 employmen[ and training of apprentices in the area or
industry affected. However,the decision of the apprenticeship program to approve or deny a cer[ificate shall
be subject to review by the Administrator of Apptenticeship. 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 crafr or trade determined as an apprenticeable occupation in acwrdance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who per£orms 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 thatcan supply apprentices to the site of the public work.
The information submitted shall include an estimate ofjourneyman 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.
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 joumeymen employed in a particulaz 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
anyjourneyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by joumeymen 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
Attachment No. 1 ponv
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apprentices during the same time period that the journeymen in the same crafr or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a paRiculaz craft or trade, the Administrator
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each five joumeymen 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 crafr or trade in the
state on all of his or her conttacts on an annual average of not less than one hour of apprentice work for every
five hours of labor performed by joumeymen, the Adminis[rator 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 con[ractor 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 finds 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 haining 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 lazge, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a journeyman.
I) 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 sta[ewide 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[he contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the Califomia
Apprenticeship Council the same amount that the director de[ermines 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 con[ractor may add the amount of the
contributions in computing his or her bid for the contract.
2)(A) At [he conclusion of the 2002-03 fiscal yeaz and each fiscal yeaz thereafrer, the California
Apprenticeship Council shall distribute training contributions received by the council u der this subdivision,
less [he expenses o£the Depar[ment of Industrial Relations for administering this subdivision, by making
AttachmentNo. 1 ponv
Page 11 of 13
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
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 crafr 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 appren[ices 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 rewrds 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 [he DepaRment of Industrial Relations wi[h more
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C)The Depar[ment 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 confributions 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
Legis]ature, 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
ocwpations 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[his section under
the terms and conditions prescribed by the director.
SecHon 1H13. Forfeiture for violations; contract stipulation; report of violations
Attachment No. 1 ponv
Page 12 of 13
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 o£
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 [o be inseded in the contract a stipulation [o 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 [0 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 %z
times the basic rate of pay.
Attachment No. 1 paav
Page 13 of 13
ATTACHMENT NO. 2
CALIF012NIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declaratians regarding timely and complete payment of
contractors for public works projects; claims process (Ef£ January 1, 2017)
a) The Legislature finds and declazes 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)No[withstanding 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 Ar[icle 1.5 (commencing
with Section 20104) of Chapter 1 of PaR 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, [he
contractor pursuant to the contract for a public works project and paymen[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 Califomia State University, the University of
Califomia, a city, including a charter city, county, including a charter county, city and county, including a
chaRer 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 Transpor[ation 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 projec[ 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 projecP'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 in direct contract with a contractor or
is a lower tier subcontractor.
d)(I)(A) Upon receipt of a claim pursuant to this section, the public entiTy to which the claim applies shall
conduct a reasonable review ofthe claim and,within a period ot to exceed 45 days,shall provide the claimant
a written sta[ement identifying what portion of the claim is disputed and what poRion is undisputed. Upon
receipt of a claim,a public entity and a contrac[or may, by mutual agreement, extend the time period provided
in this subdivision.
B) The claimant shall fumish reasonable documentation to suppod 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 goveming body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sen[
by registered mail or certified mail, retum receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the goveming 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)My payment due on an undisputed portion of the claim shall be processed and made within 60 days afrer
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. My 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 shazing 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 par[ies cannot agree upon a mediator, each
paRy 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 mediatoc If inediation 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 evaluatioa Any media[ion utilized shall conform
to the timeframes in[his 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 fudher obligation under Section 20104.4 [o media[e after litigation
has been commenced.
E) This section does not preclude a public en[ity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if inediation 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 [ime requirements of this section shall result in the claim being
deemed rejec[ed in i[s entirety.A claim that is denied by reason of the public entity's failure to have responded
o a claim, or its failure to otherwise meet the time requirements of this section,shall not constitute an adverse
finding 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[ier subcontractor lacks legal standing to assert a claim against a public entiry
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 subcontractoc 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 tha[the claim be presented [o the public entity shall fumish reasonable documentation to suppor[
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 unde this section.
A waiver of the rights granted by this section is void and con[rary 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 wntracts 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 contracWal obligations.
i)This section shall remain in effect only until January I, 2027, and as of that date is repealed, unless a la[er
enacted statu[e, that is enacted before January I, 2027, deletes or extends that date.
Attachment No. 2
Page 3 of 3
ATTACHMENT NO.3
CONTRACT COMPLIANCE DOCUMENT
Behind This Sheet]
The following list of documents shall be completed and submitted by the contractor within ten(10)days after
the award of contractor.
CD-1 Contracting with Disadvantaged Business Enterprises(DBE)
CD-2 Previous conhact performance regarding E.E.O.
CD3 Section 3 clause.
CD-5 Contractor's Section 3 Affirmative Action Plan.
CD-6 Contractor's/Sub-wntractots certi£cation for Section 3 compliance appointee.
CD-7 Certification of non-segregated facili[ies.
CD-8 Compliance with Clean Air and Water Acts.
CD-9 Contractor's certification of sub-contract awards.
CD-10 Attachment A: Estimated Project Work Force Breakdown.
CD-11 Conhactor's Cer[ification conceming Labor Standards and Prevailing Wage Requirements.
CD-13 Sub-contractor's Certification conceming Labor Standards and Prevailing Wage Requiremen[s.
CD-15 Contractor's ceRificate regarding Lobbying activities using Federa(Funds.
CONTRACTING WITH SMALL AND MINORITY FIRMS,WOMEN'S BUSINESS ENTERPRISE,
AND LABOR SURPLUS AREA FIRMS
1.It is national policy to award a fair share of contracts to small and minority business firms. Accordingly,a rma[ive
steps must be taken to assure that small and minority businesses are u6lized when possible as sources of supplies,
equipment,conshuction,and services. Affirmative steps shall include the following:
a.Including qualified smal]and minority businesses on solicitation lists.
b.Assuring that small and minority businesses are solicited whenever they are potential sources.
c.When economicalty feasible, dividing total requirements inro smaller tuks or quantities so as to
permit maximum small and minority business participation.
d.Where the requirement permits, establishing delivery schedules which will encourage
participation by smal]and minority businesses.
e.Using the services and assistance of the Small Business Administration and Minority Business
Development Agency of the Depar[ment of Commerce as required.
f.If any subcontracts are to be let,requiring the prime contractor to take the a rmative steps in I
a)through 1 (e)above.
2. Grantees shall take similar appropriate atTirmative action in support of women's business enterprises.
3. Gran[ees are encouraged to prowre goods and services from labor sucplus areas.
I have read this required information regarding contracting with small and minority firms, womeds business
enterpri e,and Iabor surplus area f rms which is evidenced by my signatura
Y'J
Signat e
3-3 D zp
Date
CD-1
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS
The bidder ,proposed subcontractor,_,hereby certifies that ef has not_, participated in a
previous conhact or subcontract subject to the equal opportuniTy ciause, as required by Execu[ive Orders 10925, l 1114,or
11246,and that he has ,has not,filed with the Joint Repor[ing Committee,the Director ofthe Office of Federal Conhact
Compliance, a Federal Govemment conhacting or administering agency, or the former PresidenPs Committee on Equal
Employment Opporlunity,all repor[s due under the applicable filing requirements.
l tY AftOrS L•
Company)
By- . --I. r,rrd-J
ZS c-r+ti
Ti[le)
Da[e: 3— —.
NOTE: The above certification is required by the Equal Employment Oppor[unity Regu(ations ofthe Secretary ofLabor[41
CFR 60- 1 J(6) (1)], and must be submitted by bidders and proposed subcontractors only in connection with contracts and
subconhacts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal
opportuniTy clause are set forth in 41 CFR 60-1.5. (Generally only conhacts or subcontracts of$10,000 or under are exempt.)
Proposed prime connactors and subconhactors who have participated in a previous contract or subwntrac[ subject to the
Exewtive Orders and have not filed the required reports should note that 41 CFR 60- 1.7 (b) (1) prevents the award of
contracts and subconhacts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S.DepaRment of[he Interior or by the Directoy Office ofFederal Contract Compliance,U.S.Deparhnent
of Labor.
CD-2
SR TiOrN3 ri,AiiSF.
A. The work performed under this contract is subjec[ ro the requirements of section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The pucpose of sec[ion 3 is to ensure tha[
employment and o[her economic opportunities generated by IiUD assistance or FiUD-assisted projects cwered by
section 3, shall, to the grea[est e ctent feasible, be directed to low- and very low-income persons, partiwlarly persons
who are recipients of HUD assis[ance for housing.
B. The parties to this conhact agree ro comply with FIIJD's regulations in 24 CFR part 135,which implement secHon 3. As
evidenced by their execution ofthis conVact,the parties to this contract certify that[hey are under no conVactual or other
impediment that would prevent them from complying with the paR 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the conhactor has a
collective bargaining agreement or o[her understanding, if any, a notice advising the labor organizafion or workers'
representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applican[s for training and employment positions can see
the notice. The no[ice shall describe the section 3 preference, shall set forth minimum number and job titles subject to
hire,availability of appren6ceship and training positions,the qualifications for each; and the name and location of the
person(s)taking applications for each of[he positions; and the anticipated date the work shall begin.
D. The contractor agrees to incWde this section 3 clause in every subcontract subject to compliance with regulations in 24
CFR part 135 and agrees ro take appropriate action,as provided in an applicable provision of the subcontract or in this
section 3 clause,upon a£nding that the subcontractor is in violation of[he regulations in 24 CFRpart 135. The conhactor
will not subcontract with any subconVactor where the conhactor has notice or Imowledge that[he subcontractor has been
found in violation of the regulations in 24 CFR part 135.
E. The wntractor will certify that any vacant employment posi[ions,including training positions,that are filled(I)after the
contractor is selected but before[he contract is executed,and(2)with persons other[han those to whom the regulations
of 24 CFR part 135 require employment opportunities to be direc[ed, were not filled [o cirwmvent the contractor's
obligations under 24 par[ I35.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of[his contract for
default,and debarment or suspension finm future II[JD assisted conhacts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(6) of the
Indian Self-Determina[ion and Education Assistance Act (25 U.S.C. 450e.) also app(ies to the work to be perFocmed
under this contract. Section 7(b)requires that to the greatest eatent feasible(i)preference and opportunities for training
and employment shall be given to Indians,and(ii)preference in the award of contrac[s and sub conshacts shall be given
to Indian organizations and Indianowned Economic Enterprises. Parties to this contract tha[are subjectto the provisions
of Section 3 and Section 7(b)agree to comply with Section 3 of the maximum extent feasible,but not in derogation of
compliance with Section 7(b).
I have read this required informa[ion regarding section 3 requirements which is evidenced by my signature.
Cc...,v,o-j 3o-7sJ
S cNA7'u OFTHEC RACTOR DATE
CD-3
SECTION 3 EMPLOYEE HIIiING LIST
The following list provides the names of organizations that may be contacted for potential employees to meet Section 3
requirements:
Anaheim One-Stop Career Employment Center Nor[h Orange City Regional OnrStop Center
50 S.Maheim Boulevard,#300 1811 W.La Habra Boulveard
Anaheim,CA 92805 La Habra,CA 90631
714)765-4350(Voice) 562)905-7076(Voice)
714)765-4356(Fae) 562)905-7095 (Fax)
Coastal Couuty Regional One-Stop Center South Orange County Regional One-Stop Ceuter
1675 Scenic Avenue 23456 Madero,Suite 150
CostaMesa,CA 92626 Mission Viejo,CA 92691
714)241-4900(Voice) 949)588-3906(Voice)
714)241-4977(Fax) 949)5883930(Fax)
West Orange County One-Stop Center Sauta Ana WORK Center
11277 Garden Grove Boulevazd,Suite 101-C 1000 E. Santa Ma Boulevard
Gazden Grove,CA 92840 Santa Ma,CA 92701
714)741-5020(Voiae) 714)565-2600(Voice)
714)741-5546(Fax) 714)647-2602(Fax)
CD-4
CONTRACTOR'S SECTION 3
AFFIRMATIVE ACTION PLAN
The undersigned contracto agrees to implement the following affirmative action steps directed at increasing the utilization
of lower income residents and business concerns located within the City of Orange,Orange County,Califomia.
1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated
against because of race,coloy religion,sex,or national origin.
2.Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers,and
post a copy of the notice at a conspicuous place available to employees and applicants for employment or haining.
3. To the greatest extent feasible,make a good faith effort to recruit for employment or training lower income residents
from the City of Orange,and to award contracts to business concems which are located in or owned in substantial
part by persons residing in[he Ciry of Orange through use of local advertising media; signs placed at the projec[
site;and noti£cation to communiTy organizations and public or private insfitutions operating within or serving the
project area such as Service Employment and Redeve(opment(SER),Opportunities Industrialization Center(OIC),
Urban League, Concentrated Employment Program, U.S. Employment Service, Chamber of Commerce, labor
mions,trade associations,and business concems.
4.Maintain a fi(e of all low income area residents who applied for employment or haining either on their own or on
referral from any source,and the action taken with respect to each area resident.
5. Maintain a file of all busicess concems located in the City of Orange who submitted a bid for work on the project,
and the action taken with respect to each bid.
6.Maintain records, including copies of wrzespondence, memoranda, etc., which document that a rmative action
steps have bee take.
7. Incorporate the Section 3 Clause provisions in all subcontracts, and require subcontractors to submit a Section 3
Affirmative Action Plan.
8.List projectwork force needs forthe project by occupation,trade,skill level,and number ofpositions on[he attached
form"A",Estimated Project Work Force Breakdown.
9.List informatioq related to subcontracts[o be awarded on the attached form"B",List of Subcontractors.
cS CO rAG tOCS .Y G 3$ el l I'-
Compa Name Stree[Address
yl, c_ 3 2
S nature City, State,Zip Code
CYPC`?3`3r7-.2!/
Title Date
CD-5
CONTRACTOR'S SUB-CONTRACTOR'S
CERTIFICATION FOR SECTION3
COMPLIANCE APPOIIVTEE
Pleasebeadvisedthat:l n Ali fc .LY 1C•
Company Name)
1`638 U e S-• I a, Ci G113N2
ompany Address)
J e, A,e, hereby appoints j'f_rOs
me of Appointee)
Q n1' of Y\T lr'O( .
Present official status)with company)
as iYs affirmative action officec He/She has been given the authority to establish,dissminate and enforce the required action
steps of Equal Employmen[and Section 3 clauses of the contract
He/$he may be contacted at I l 3 8 Q led soe S- S U IY1Q 1 l R —I I J'1 Z
O`G G r [
n
Address)
D D 17 l5^
Telephone number)
Jos A q l 1=ierr6 s
Signat oFPresid or Legal Counsel) Printed name of Sign ry)
3-3 0-zo s ma, r,A
Date) iTy and State)
CD-6
i CONTRACTOR'S SUB-CONTRACTOR'S
i CERTIFICATION FOR SECTION 3
COMPLIANCEAPPOINTEE
I
rieasebeaa sedmae CLSurveyingandMapping, inc.
Company Name)
I 1269 Pomona Road, Suite 108, Corona, CA 92882
I Company Address)
j here6yappoints am e
NameofAppointee)
President of CL Survevinq and Mappinq Inc. '
i Present official status) with company)
i
I as iPs affirtnative action officer. He/She has been given the authority to esteblish,dissminate and enforce the requited action
steps of Equal Employment and Seotion 3 clauses of the contract CiN o(Oran4e-190.22-FY 18-19 ADA Whe@Ichair
Access Ramp epla— cem ent
He/She may be contacted a[ 1269 Pomona Road,Suite 108,Corona,CA 92882
II 909)484 200
Address)
I
Telephone number)
I,
i
Lam Le
Signature of President or Legal Counsel) Prin[ed name of Signatory) I
i April 10,2020 Comna,CA
Date) Ciry and State)
i
j
I
I
i
I
I
I
I
i I
i i IiIi
I
iiCD-6
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04/09/2020 &:38EV [Jbb Niimber 6400] mA0o3
CERTIFICATION OF NON-SEGREGATED FACILITIES
Federal[y Assisted Prajects
The federally assisted conshuction contractor certifies[hat he does not maintain or provide for his employees any segregated
facilities a[ any of his establishments, and that he does not permit his employees to perform their services a[any location,
under his wntrol,where segegated facilities are maintained. The federalty assisted construcrion contractor certifies further
that he will not maintain or provide for his employees any segregated facilities at any of his establishmen[s,and that he will
not permit his employees [o pedorm their services at any location, under his conhol, where segegated facilities are
maintained. The federally assisted construction conhactor agrees that a breach of this certification is a violation of the Equal
Opportunity clause in this contract. As used in this certification,the term"segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or
dressing areas, parking bts, drinking fountains, recreation or entertainment azeas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fac[segregated on the basis of race,creed,color,
or national origin, because of habit, bcal custom, or otherwise. The federally assis[ed construction contractor agrees that
except where he has obtained identical ceRifications form proposed subcontractors for specific time periods)he wil(obtain
identical certifications from proposed subconhactors prior to the award of subcontracts exceeding $1Q000 which are not
exempt from the provisions of[he Equal Opportuniry clause,and that he will retain such certificafions in his files.
NOTE: The penalty for making false statements in offers is prescribed in 18
USC. 1001
Companr FJ "vvi j"0.LITs'' JVIG.
B Cc
Title 1 5)d
Date: 3 —`30 ' ,J
CD-7
COMPLIANCE WITH CLEAN AIR AND WATER ACTS
APPLICABLE TO FEDERALLY ASSISTED CONTRACTS AND RELATED SUBCON"I"RACTS EXCEEDING
100,000)
During the performance ofthis contract,the contractor and all subconhactors shall comply with the requirements of the Clean
Air Act, as amended,42 USC 1557 et seq.,the Federal Water PolWtion Conhol Act,as amended,33 USC 1251 et seq.,and
he regulations of[he Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended.
In addition ro the foregoing requirements, all nonexempt contractors and subcontractors shall fumish to the owner the
following:
1.A stipulation by the contractor subcontractors,that any facility to be utilized in the performance of any nonexempt
contract or subconhact,is not listed on the list of Violating Facilities issued by the Environmental Protec[ion Agency
EPA)pursuant to 40 CFR 15.20.
2.Agreement by the contractor to comply with all the requirements of Section 1 l4 of the Clean Air Act,as amended,
42USC 1857c-8)and Section 30S ofthe Federal Water Pollution Control Act,as amended,(33 USC 1318)rela[ing
to inspectioq Moniroring,entry reports and infortnation,as well as all other requirements specified in said Section
114 and Section 308,and all regulations and guidelines issued thereunder.
3.A s[ipulation[hat as a condition for award of the wnVac[,prompt notice will be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating [hat a facility utilized, or to be utilized for the
contract,is under consideration to be listed on[he EPA List of Violating Facili[ies.
4.Agreement by the conhacto that he will include,or cause to be included,the criteria and requirements in paragraph
1 dvough 4 of[his section in every nonexempt subcon[rac[and requiring that the convactor will take such action as
the government may direct as a means of enforcing such provisions.
I have read this required intormation regarding the Clean Air and Water AMs which is evidenced by my signature.
Signahve
3- 30-
Date
CD-8
CONTRACTNUMBER: I'IO',(Z _l l?ZNTRACPROECTOAREpATIONOFSUBCONTRACTSAWARDED DATE: rhl IZo
PROJECT TITLE: WNTRACTOR:
Subcontractor's Name,Address and Telephone Employer Contract Estimated Dates
Number ldentification Amount Crafts to be Used
Number Startin Com letion
Pra,a G b 27-a Iqa9y Concre
2U G'n 0. << q l'SL 5 O U J I 5 Zp Sqw
Case Lan Sur e(n
33_qgbz
1 o e 91 3' 1 'LY 2a SU Y ein
NOTE: DOCUMENTATION TO BE PROVIDED BY WNTRACTOR WITHIN 10 WORKING DAYS OF AWARD OF ANY CONTRACT.
The undersigned hereby certifies[hat each su conhactor 9r lower tier subcontractor has been notified in writing of his equal opportunity obligations.
nSP Anae,l e,rres , 1 resic en
S' ature Nam and Title
81 B3b- (oyo 1 - 3 4`157
Telephone Number Contracto's Employer ldentification Number.
CD-9
ATTACHMENT"A"
ESTIMATED PROJECT WORK FORCE BREAKDOWN
COLUMNI COLUMN2 COLUMN3 COLUMN4 COLUMNS
Job Category Total Estimate No.Positions Currently Occupied No.Positions No.Positions to be
Positions by Perm.Employees Currently Filled with Lipar
Unoccu ied
Officers/
Su ervisors
Professional
Technicians
Housing/Sales/
RentaUM .
Office Clerical
Service Workers
O[hers
TRADE:
Joume men
Hel ers
A rentices
Trainees
TRADE:1
Journe men
Hel ers
A rentices
Trainees
TRADE: f
Joume men
He( ers
A rentices
Trainees
Total:
Lower Income Project Area Residents
ll_ .., u-, c. P no e e rcos ,(.SiC{eYlt
Conhac 's signature a e and Title
CD-10
U. S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMiJNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAII,ING WAGE REQUIREMENTS
TO(Appropriate Recipient):THE CITY OF ORANGE DATE:3p 2U
300 East Chapman avenue,Orange,CA.92866 PROIECT NUMBER(If any):
o: l - 22 9122
PROlECT NAME•
RDR Whee}ar Acce55 Qi„r
L The undersigned,having executed a contrac[with[he City of Orange,Orange,Califomia,for the construction of the above
identified ro'ect,aclmowled es that:
a) The Labor Standard ProJisions are inc(uded in the aforesaid contract;
b) Corzection of any infractions of the aforesaid conditions,including infiac[ions by any of his sub-contractors and any lower tier
sub-contrectors,is his res onsibili ;
2.He cer[ifies that:
a)Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contracror
by the Comp[roller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29
CFR Part 5)or pursuant to Section 3(a)of the Davis Bacon Act,as amended(40 U.S.C.276a-2(a)).
b)No pazt of the aforemendoned contract haz been or will be sub-contracted to any sub-contractor if such sub-contractor or any
firm,wrporation,partnership or association in which such sub-conhactor has a substantial interest,is designated as an ineligible
contractor ursuan[to an of the aforementioned re ulato or staturo rovisions.
3.He agrees to obtain and forwazd to the aforementioned recipient within ten days after the execu[ion of any sub-contrac[,inclnding
hose executed by his sub-contractors and any lower tier sub-conhacrors,a Sub-mnhactor's Cer[ification concerning Labor Standards
and Prevailin Wa e Re uirements execu[ed b [he sub-contractors.
4.He ceRifies that
a)The legal name and the business address of the undersigned are:
F S Conkrac o' S mar C y Z
b)The wdersigned is:
Q)A SINGLE PROPRIETORSHIP 2)A CORPORATION ORGANIZED IN THE
STATE OF
1(7Y1"1lQ
2)A PAR'I'NERSHIP 4)OTHER ORGANIZATION (Describe)
c)The name,title and address of[he owner,partner or ofTicers of the undersigned are:
NAME TITLE ADDRESS
n
Y rC-SlGt2X` I,p (}d fbJ Ut-IIYC
c e r Cor rr e. 2 41 Sa i rw A, + us
e o i res;a en I 2 ln' 9 3
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d)The name and addresses of all other persons,both natural and corporate,having a substantial interest in the undersigned,and
the nature of the interest are(If none,so state):
NAME ADDRESS NATURE OF INTEREST
e)The names,addresses and hade classifications of all other building construction contractors in which the undersigned has a
substantial interest are(If none,so state :
NAME ADDRESS TRADE CLASSIFICATION
S Ccxt rAG-cSrS , T.n•
Contractor
BY: F,
fk el li ro e'
TYPE AND TITLE
DATE: 3 I I Zl7
CD-12
Apr09 20, 1 i:44p Jose Cortez 951332-0604 p.9
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GUMMi1N1'1'Y DEVGLOk'MENT BTACi{6FtANT PROGftAM i . .
SUB-CO3VTRriCT6R'S CEI2TIF[CATIQPT '
iCONC'RNIIYG I,ABOR STAZQDAItllS pND P22GVAII.,TNCr WAG 32 Qi77{EMEhTS
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ApprorrlateRecipicptj:'j'HL'CfTyOFOliANGE DR'CE; r .i. yp
300EastChapinpnaveiiuc;Ormge,Ch.92&66 l PR07EGT UivLOL•R(Ifany):L1
do: •i94-22 SP-41z2
I :. PROfECTNAML: I
ADA Whcelchair Access Rainp
t,The undarsignetl hnviu rxtcutcd a cor.hacl with Pro(essio C:uT Cv[ co 7azlor or sntw c[ar) Co
ADA Wheelchair Aecess Romp ran,re or wortc), m tho emount of S n 0 excee'' n the
ca Wctianoflhea6ovcidrnNfied ro"eciwrtifies thnt SO(1 '.
i (a)Thela6aiStandord ProvisionsolTLeConm:ctPorponsvtichpnarc:includeOinSheaEcresaidtDnlrcclj
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b)Nei}herkcnor6nyfiru„eo porntion,partnmhiporns6oCiat vainwhiehhehnsasnbstan431intcrestisdGSignntedasan inrJigiblz
eonGactofbylheCamO LrGe cr lof[6elinitedSlarttp rsunntw5ec1ion5.6(b)ofWpRegulatfonso(ihG.Seeretary' ofLnbor,Pan
5(29CFk.PutS)orpursuantto'BeNon3(a)ofilieDaviiTtaconAtt,a£ameoded(bOV.S,C.27fia-2(a)}.
i (c)T:o rt ofihc aForunentloncd convacl hw bccn or wili bcsub I uaateJ to any suy:cbnhactor it such mb-cdntraaor ar eny
fnn, cor omiian, pv'vmerstup or aswciasion in whScl yvch sub-con:ractor hes a subn iial rnrerest,:is des)gnxted as sn Ineligible
comrecror. ucsdanttonnyofthealorementionedreulntu orsMN4o rovisians.
Z,Ra sgr<cs'to aSrain and{orwartl l016c comractot,(ar hammiRvl io the reripient, wiMin rert days aReriLe exacWivn ofany tower
w6-mntrnct,a Sub-wntreeor'S Cartifica[ion Gortceming-6nboi Slandazds anC Prcrailiag WogcRcgcirereen[t,txecuhd by Ihe lowu
tiasab eoavaclurs in duplieela
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f3.Heczttifice:tlmt:. -. „ ..
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b)The,ond
i A SINGUE PROPRI['z'aRSkiIY 2j p CfJRPOAA7'CON ORGAN[?ED IP7 THE
STATE OF
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2)APAR1 GRSHIP 1- (q)O'['FIERQAGAN[ZA'CIUN (ncscritie)
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Thrnamr,tiqe and Mdtcst a{the owna,partvfer.or ot(iccos oFrhe undersigued are:
NAME l7TLE rJDS7RE5S
a.l _ li I ' J.O J"c// G
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04/09l2020 3:-38P1 [Joh yumber 6409] RJ0001
Apr0920, 11:44p Jose Cortez 9513$2-0604 p2
04/09/2020 2:52?V FA% 9!88386177 FS COATrRM1CI
ORS, INC f jD003/eoo3
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d)Tlrcna e and aQdrases'oFall-othpr pbriona;holh anN[al aqd wryorati;evtog asuhslazttW intuES[in Ihc undpsign d,
andthenatateoft6e irterrsta eQfttoned5o5fale)i ' I
rqp;g. ppDRESS NA7URE OF INTEREST '
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c)7fio mes,addresses and tmtle ctsfsifiealioi s oCa1l vlhco-b ilding wnsWcHon wnKacN:d in whieh the undeisignsd I as
s subemdAal incere5t(f none,v>5): I I
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04/09/2020 3;38P( fJoti Num6er 6409I 0002
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U.S:DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I
I COMMi1NITY DEVELOPMENT BLOCK GRANT PROGRAM i
SUB-CONTRACTOR'S CERTIFICATION j
CONCEI2NING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTSi
I TO(Appropriate Recipient):TfiE CITY OF ORANGE DATE:q/10/2
300 East Chapman avenue,Orange,CA.92866 PROJECT NUIvtBER(If any): -
O1 CL Surveying and Mapping, Ina 190-22 SP-4122
1269 Pomona Road, Suite 108 Pxo c7Nn[v:
i Corona, CA 92882
ADA Wheelchair Access Ramp
I. The undersigned having executed a contract with CL SUNBVIfiQ 8f1 applflQ I1G (contractor or subconiractor) forADAWheelctairAccessRampnatureofwork), in the amount of $ 21,000.00 in the
conshuction of the above identified ro'ect,certifies that:
a)The:Labor Standard Provisions of The Contrac[For Conshuction are included in[he aforesaid contrach,
I
I (b)Neither he nor any firm,.colpomtion,pazlnership or association in which he has asubstantial interest is designated as an ineligible
contractor by the Comptroller General of the United States pursuant to Section 5.6(b)ofthe Regulations of the Secretary ofLabor,Part5(29 CFR.Part 5)or pursusn[ro Section 3(a)of the Davis Bacon Act,as amended(40 U.S.C.276a-2(a)).
c)No part of the aforementioned contract has been or will be sub•conhacted to any sub-contracmr if such sub-conhactor or anyfirm, cory'oratioq partnersfiip or association in which such sub-contractor has a substantial interest,.is designated as an ineligible
conVactor ursuant to an of the aforementioned re ulato or statuto rovisions.
2.He agrees to obtain and forward to the contractor,for t ansmittal ro the recipient,within ten days after the execution of any lower
sub-contract,a Sub-contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements,executed by the loweritiersub•conhactors,in duplicate.
I (a)1'he:workmen will report for duty on or about ..: . Estimated date 5/15/20 (Date).
3.He certifies that
I (a)TheAegal nameandttie business address of the undersigned are: .
i CL Surveying and Mapping, Inc.
1269 Pomona Road, Suite 108
ICorona, CA 92882
b)The,undersigned is:
i (1)A SINGLE PROPRIETORSHII 2)A CORPORATION ORGAMZED IN THE
STATE OF CB IfOf l2
I (2)A PAR1'NERSHIP 4)OTHER ORGAMZATION (Describe)
c)The name,title and address of the owner,partner or officers of the undersigned ere:
NAME - TITLE ADDRESS .
Lam Le President/CEO 1269 Pomona Road, Suite.108
Daniel Calvillo Vice PresidenU CFO 1269 Pomona Road, Suite 108
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CD-13
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d)The nartie and aEdiesies of all other persons;bo[h natural and corpora[e;having a substantial intetest-in the undersigned, I
and the nature of the interesf are(If none;so state): - i
i NAME ADDRESS NATURE OF INTEREST
None
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e)The names,addresses and trade classifications of a(I other building construction con[ractors irt which the undersigned'has
a substantial interest are(If none,so state):
NAME ADDRESS TRADECLASSIFICATION
None :
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CL Surveying and Mapping, Inc. i
i - Sub-contrac.tor -. . - I
BY: C7C.
Lam Le, President
i TYPE.NAME AND TITLE' , i,
DATE: 4/10/20
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Contractor's CertiScation.resardina Lobbvine activities usine Federal Funds
Federal Fiscal Year October 1,20_to September 30,20
I, 1P'({OS hereby certify on behalf
ConVac /Subcontractor)
of t' L.()(1 tGr TJ S (.that
Contractor/Subcontractor)
1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an
officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any
Federal contract,the making of any Federal gran[,[he making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuatioq renewal,amendment,or modification of any Federal contract,grant,loan,
or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency,a Member of Congress,an ofScer or employee
of Congess, or an employee of a Member of Congress in connection with tttis Federal contract, grant, loan, or
cooperative agreement,the undersigned shall complete and submi[Standard Focm-LLL, "Disclosure Form to Report
Lobbying," in accordance with its inshvctions.
3) The undersigned shall require that the language of this certification be included in the awazd documents for all
subawazds a[ all tiers (including subgrants, and contracts and subcontrac[s mder grants, subgrants, loans, and
cooperative agreements)which exceed$100,00Q and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering in[o this Vansaction imposed
by section 1352,title 31,U. S.Code.Any person who fails to file the required certification shall be subject to a civil
penalty of not less than$10,000 and no[more tha[$100,000 for each failure.
n,yh
Executed[his JV, dayof A(fi 20
By: 1 t//^+
Signatur f authorized official)
i (P.d-
Title o t authorized official)
S i
ContractodSubcontract r
CD-15
ATTACHMENT NO. 4
LABOR RELATIONS FORMS
Behind This Sheet]
The following list of forms shall be completed and submitted by the contractor during the performance of the
contrac[.
LR-1 Weekly certified payroll statements&Weekly statemen[of compliance. (WH-347)
LR-3 Weekly certified Owner Operaror listing.(HG58)
LR-4 Weekly Owner Operator statement of compliance. (HG59)
LR-5 Fringe Benefit statement(submit with First WH-347). (I-IG50)
LR-6 Monthly Employment Utilization Report. (CG257)
LR-8 Contractor's List of Federal and Non-Federal Work in Bid Condition area.(Submit with First CC-
257)
LR-9 Final Minority Business Enterprises Utilization Report. (I-IC-43/CEM-2402F)
The following forms shall be posted by the conhactor in conspicuous places where they can be easily read by
anyone concemed.
LR-1 l Notice of Equal Employment Opportuniry
LF-12 Notice of Section 3 Commihnent
LR-13 Notice to all employees working on Federally Funded Projects
CITY OF ORANGE PUBLIC WORKS DEPARTMENT FORM HG58
OWNER OPERATOR LISTING
NOTE:THE CERTIF[CATION WILL BE ACCEPTED ONLY FROM THE CONTRACTOR NAME AND ADDRESS OF CONTRACTOR EMPLOYING
EMPLOYING THE OWNER OPERATOR. OWNER OPERATOR:
IT WILL NOT BE ACCEPTED FROM THE OWNER OPERATOR HIMSELF
Payroll Number: For Week Ending: Project&Location:
1.Name,Address, Social Security 2.Work 3.Description 4.Truck Cal T OT 5. DAY AND DA1'E 6. 7. 8. 9.
number and Contractor's License No.of Classification.of equipment and/or Equipment or S M T W T F S Total Rate of Gmss Check
Owner Operator(if any)Pay. Amoun[ Number
License No. ST Hours Eamed
HOURS WORKED EACH DAY
O
S
O
S
O
S
O
S
O
S
O
S
LR-3
DEPARTMENT OF PUBLIC WORKS STATEMENT OF COMPLIANCE FORM HC-59
CITY OF ORANGE OWNER OPERATOR LISTING
Date:I, do hereby s ate:
name of signatory party)Title)
1)That I pay or supervise he payment ofthe persons reponed on ihis fonn as Owner Operators by
contactororsub-conVacwr)
on the Ihat during the payroll period commencing on the day of
19
Building or Work)
all persons employed on said projec[have been paid the Cull weekly uages eamed,tha[no rebares have been or will be made ei[her directly or indirectly 10 or
on behalf of said 6om ihe full weekly eamed by any
Contrutor or Subcontrnctar)
person and that no deduc[ions have been made either dirmtly or indirecNy 6om Ihe tull sums eamed by any persoq other Ihan permissible deductions az
described below: 276c),and described below:
2)That any payrolls or lis[ings otherwise under this coniract required lo be submitted for the above period are cortect and complere;that the wage rates for
ihe laborers or mechanics contained therein are not kss than the applicable wage rates contained in any wnge determinatian incoryorzced into the conUac[;[hal
the clusiHcation set fonh therein for each laborer or mechanic coMolm with[he work he pedocmed.
3)Tnat any apprentices employed in the a6ove period are duly registered in a bona fide apprenticeship pmgmm registered with a Sta[e appren[imship agency
rerogniud by the Bureau of Apprenticeship and haining,Qnited Stares Department of Labor.
4)Thaz:
a)WHERE FRINGE BENEFII'S ARE PAID'IO APPROVED PLANS,FUNDS,OR PROGRAMS
In addition to the bazic houdy wage rates paid to each laborer or mechanic listed in the above referenced payroll or listings,payments of
fringe benefits u lis[ed in he contraM have been or vrill be made m appropriate progrzms for the benefit of such employees,except az noted
in Section 4(c)below.
b)WHERE FRW GE BENEFITS ARE PAm IN CASH
Each Laborer or mechanic lis[ed in the above rekrenced payroll or listings has been paid az indicared on ihe payroll,an amowt not kss han
he sum of the applicable basic houdy xage mte plus the amount of the required fiinge beneFts as listed in the contrac4 except as noted in
Section 4(c)below.
c)EXCEPT[ONS
EXCEP7IOIV(CRAFI') EXPLANATION
RE61AltKS
NAME AND TITLE SIGNATORE
THE WILLFUL FALSIFICATION OF THE ANY OF THE ABOVE STATEMENTS MAY SUWECT THE CON7RACTOR OR SUB CONTAACTOB TO
CIVIL OR CRIMPIAL PROSECUTTON.SEE SECT[ON 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE[INITED STATES CODE.
LR-4
CITY OF ORANGE
FRINGE BENEFIT STATEMENT
TO BE SUBMITTED WITH THE FIRST CERTIFIED PAYROLL STATEMENT Focm HG50
WNTRACT/PROPOSAL FEDERAL NUIvIBER: TODAY'S DATE:
MIMBER:
TO:ADDRESS: CityofOrange
Resident Engineer Public Works Department
300 East Chapman avenue
Orange,Ca.92666
In order that the proper Fringe Benefit rates can be used for checking payrolls or applied to Force Account
work,which may be done on the above conhact,the hourly rates for the Fringe Senefits,subsistence and/or
travel allowance payments(as required by collective bargaining agreements)made for employees on the
various classes of work are tabulated below.
CLASSIFICAI'ION: EFFECTIVE DAT'E: SUBSISI'ENCE or TRAVEL
PAY:$
F Health& PAID TO:name:
R Welfare: $ address:
I Pension: $ PAID TO:name:
N Vacation/ address:
G Holiday: $ PAID TO:name:
E Training& address:
Benefits Other:PAID TO:name:
TOTAL: $ address:
CLASSIFICATION: EFFECTIVEDATE: SUBSISTENCEorTRAVEL
PAY:$
F Health& PAID TO:name:
R Welfare: $ address:
I Pension: $ PAID TO:name:
N Vacation/ address:
G Holiday: $ PAID TO:name:
E Training& address:
Benefits Other.PAID TO:name:
TOTAL: $ address:
CLASSIFICATION: EFFECTIVEDATE: SUBSISTENCEorTRAVEL
Pr Y:$
F Health& PAID TO:name:
R Welfare: $ address:
I Pension: $ PAID T0:name:
N Vacation/ address:
G Holiday: $ PAID TO:name:
E Training& address:
Benefits Other:PAID TO:name:
TOTAL: $ address:
Supplemental statements must be submitted during the progress of work should a change in the rate of any
of[he classifications be made.
SUBIvIITTED:Contractor/Sub-contractor BY:
TITLE:
LR-5
1. U.S. DEPARTMENT OF MONTHLY EMPLOYMENT 1.Covered area(SMSA or EA) 3.Curzent Goals 4.Reporting Period
LABOR
Em lo ment Standards Administration,OFCCP UTIUZATION REPORT Minority:_ Fmm:
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 par[end the conhactor may be
declared ineli ible for furlher Federall assisted Govemment construction contrac[s.
Name and address of the Contractor Federal Funding
Agency
6.WORK HOURS OF EMPLOYMENT Federal&Non-Federal)
5 6a. 66. Gc. 6d. 6e. 7 8 9 10
CONSTRUCTION TOTAL ALL B L A C K ASIAN OR AMERICAN Minority Female TOTAL Total No.of
TRADE Classification EMPLOYEES (not of HISPANIC PACIFIC INDIAN OR Percentage Percentage Number of Minority
BY 7RADE Hispanic origin) ISLANDERS Alaskm Native Employees Employees
M F M F M F M F M F M F M F
Joumey urorker
Appren[ice
Trainee
SUB-TOTAL
Joumey worker
Apprentice
Tminee
SUB-TOTAL
Joumey wrker
Apprentice
Trainee
SUB-TOTAL
7oumey worker
Apprentice
Trainee
SUB-TOTAL
Joumey worker
Apprentice
Trainee
SUB-TOTAL
TOTALIOURNEY WORKERS
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
11.COmpOny OfficiaPs signature and Title 12.Telephone Number Qncluding Area Code) 13.Date signed: PAGE
OF
LR-6
INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT(Form CG257)
1fie mon hly U ilization Report is[o be completed by each subject convac[or(both prime and sub)and signed by a responsible official of lhe company.lfie reports are
o be filed by ihe Sth day of each month during the term of the contract,and ihey shall include the to[al work-hours for each employee clusification in each irade in ihe
covered area for lhe monlhly reporting period.The prime convact shall submil a repon for its a@gregate work force and collect and submit repons For each subcontactoi s
aggregace work force to ihe Federal Compliance Agency that hac Executive Order!1246 responsibility.(Additional copies of his form may be obtained Rom ihe U.S.
Department ofLabor,Employmen[Standards Administm[ion,OFCCP's regional otTce for your azea).
Compliance Agency................................... U.S.Govemment 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 conhac[or who has a construc[ion contrac[with[he U.S.
Govemment or a contract funded in whole or in paR with Federa]
Funds.
Minority..................................................... Includes Blacks,Hispanics,American Indians,A(askan Natives,and
Asian and Paci£c Islanders-both men and women.
1.Covered Area......................................... Geographic area identified in Notice required under 41 CFR 60-42.
2.Employer's Identifica[ion Number.......... Federal Social Security Number used on Employer's quarterly Federal
Taac Return(U.S.Treasury Department Form 941).
3.Current Goals(Minority and Female)..... See Con[ract Notification.
4.RepoRing Period.................................... Monthly,or as directed by the compliance agency,beginning with the
effective date of contract.
5.Construction Trade.................:.............. Only those construMion crafts which con[rac[or employs in the
covered azea.
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 dassification.
Classification............................................. The level of accomplishment or status of the worker in the trade
Journey Worker,Apprentice,Trainee).
7.Minoriry Percentage............................... The percentage of total minority work-hours of al(work-hours(the
sum of columns 66,Gc,6d,and 6e divided by column 6a;just one
figure for each conshuction trade).
8.Female percentage ................................. For each hade 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 minoriry employees and tota(number of female
minority employees working in each classification in each trade in the
contractor's aggrega[e work force during reporting period
LR-7
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 af Federal Agency funding the praject. Project Name and Location. ContracU Doliar 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. Contractl Dollar Amount Starting Date Percent Projected date
Project No. of construction complete of completion.
1.
2.
3.
4.
5.
LR-8
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Bid No.190-22;Proiect SP-4122;CDBG FY 2019-20 CDBG—Americans with Disabilities Act(ADA1 Wheelchair Access
Ramo Realacement at Various Locations
To:
Name of Labor Union,Worker's Representative,etc.
Address
The undersigned currently holds a conhact with the City of Orange imolving federally assisted construction funds for Arterial
Highway Rehabilitation Program(AfiRP)or a subcontract with a prime mnhactor holding such contract.
You are advised that under[he provisions of the above conhact or subcontract and in accordance wi[h Executive Order I 1246,
the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color,
religioq sex,or national origin.This obligation not to discriminate in employment includes,but is not limited to the folfowing:
HIRWG PLACEMENT WCRADING TRANSFER OR DEMOTIONg
RECRUITMENT.ADVERTISING.OR SOLICITATION FOR EbIPLOYh1ENTg
TREAThfENT DORING EMPLOYMENTg
RATES OF PAY OR OTHER FOBbIS OF COb1PENSATIONg
SELECTION FOR TRAINING INCLUDINC APPRENTICESHIPg
AND LAYOFF OR TERMINATION.
This notice is fumished to you pursuant to the provisions of the above contract or subcontrac[and Executive Order 11246.
Copies of this notice will be posted by the undersigned in conspiwous places available to employees or applicants for
employment.
Name ojConMaclor
Address
7
Signahn nd TiBe
3—3 c—.ZO
Date
LR-11
NOTICE OF SECTION 3 COMMITMENT
Bid No. 190-22:Proiect SP-4122: CDBG FY 2019-20 CDBG—Americans with Disabilities Act lADA1 Wheelchair
Access Ramo Replacement at Various Gocations
Project Number and Tit[e
To:
Name of Labor Union,Worker's Representative,etc.
Address
The undersigned currently holds a contract with the CiTy of Orange involving CommuniTy Development Block Grant funds
from the U.S.Department of Housing and Urban Development or a subcontract with a prime contractor holding such conhact.
You aze advised that under the provisions of the above contrad or subwntract and in accordance with Section 3 of the Housing
and Urban Development Act of 1968, the undersigned is obliged, to the greatest e ctent feasible, to give oppor[unities for
employment and training to lower income persons residing within the city where the project is located,and to award contracts
for work on the project to business concems which are bcated in or are owned in substantial part by persons residing in the
city.
This notice is furnished to you pursuant to the provisions of the above conhact or subcontract and Section 3 of the Housing
and Urban Development Act 1968.
A copy of this notice will be posted by the undersigned in conspiwous places available to employees or applicants for
employment.
Name ojContractor
Address
Signature and Title
Date
LR-12
E IPL4YEE RIGHTS
UNDER THE DAVIS-BACON ACT
PREVAILIN wumuane enotessmenme vspera emxmmmaoe.nsaemnwegeomsnnpas ea
WA6E3 NSNW i NeWOMyWpA lo 11.
OVERTIME umuscoape anotoessmeno reeramaneamrresyaro crsernpayrarmmursxonrec
wcr.w in aworxwaeK.mae ae tew axapmrs.
ENFORCEMENT ^P%Y mnewmevmuewor srecaverlegesenaaw mnepa cue.em
IIqWRteO tlmmges may epptyQ overtlme peyreqihemm5 ara m[me[oeNs Bemn rnWac[
fJflGBSeSf W m11VBU[B111YR911M BM dM9lrtlBtl[Ef CMVY.'frls Eum(uWR fe]@B]mnbeW i!R
uP io NreeYemi Acnerec[wwv Rlslllesccrtlfm pey remosorin¢ises weae qdmn-
maYGe suC'.ec[in dNl eceO Cal P bn.Ones e p/arCnP meni
APPRENTICES ^Ff^seppymym pemkasproparryregiverea maereppmreaFecere«srse
epprermrnsnip{vogems.
PROPER PAY 1+^oi^aa aerc'.a ea onmeeFpitsae reqes.cartecc
ma ca^aeamg omcmustea mbvr.
mwn c[Ne US OeP atlebv N'ey mq Mov pvlslan
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4:.
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LR-13
ATTACHMENT NO. 5
PROJECT SPECIAL PROVISIONS
Behind This Sheet]
SPECIAL PROVISIONS
TO
CITY OF ORANGE STANDARD SPECIFICATIONS
INTRODUCTION
All the improvements within the pub(ic rights-of-way and easements within the Ciry of Orange shall conform to[he
standard plans presen[ed hereia The user shall keep fully informed of any la[est revisions to [he standard plans by
contacting the office of the City Engineey Public Works Depar[ment, City of Orange. The standard plans shall be
used along with the provisions of the latest edition of the Standard Soecifica[ions for Public Works ConsVuc[ion
Green Book"), and all amendments theretq adopted by the Joint Cooperative Committee of Southem Califomia
Chapter, American P blic Works Association and Southem California Dis[rict, Associated General Contractors of
CaliFomia; hereinafter referzed to as the"Standard Specifications". Sec[ion 234.020 of the Orange Municipal Code
establishes the legislative authority of these Standard Plans and Specifications.
PUBLIC WORKS CONTRACTS
The following additions, as revised, ro the provisions of the "Standard Specifications" shall be used for all Public
Works contracts awarded by the City of Orange. If there is a wnflic[behveen the"Standard Speci£cations"and these
provisions, these pmvisions shall have precedence. The numbering of secrions for the purpose of these provisions
refers ro corresponding numbering of sections of[he"Standard Specifications".
Ifthese provisions specify Ihe use of"Standard Specifications and Standard Plans forthe Construction ofLoca(Streets
and Roads, of[he Sta[e of Califomia,Department of Transportation," herein referzed to as"Caltrans", for a certain
poRion of the work,the latest edition of the publicaHon shall be used.
The City of Orange has adopted a Local Implemen[ation Plan(LIP)as part of a compliance program to the California
Regional Water Quality Control Board.All impmvements shall comply with the latest LIP in the prosecution of the
work.The LIP is available and on file at the Public Works Deparhnent.
On Federally Funded projects, Federal Labor Standard Special Provisious (Section FS), Compliance
Documents (Section CD) and Labor Relations (Section LR), if included in the special provisions, shall have
precedence over all other requirements and the following Section SP
PRECEDENCE OF CONTRACI'DOCUMENTS:
1. Bidder's Proposal. 8. City of Orange Standard Plans and
Specitications(Orange Book)
2. Contract Agreement.
9. Standard Specifcations for Public Works
3. Federal Labor Standard Provisions Construction(Green Book)
Section FS)
10. Construction Plans
4. Federal Contract CompGance Documents
Section CD) 11. All O[her powments
5. Federal Labor Relations(Section LR)
6. Federal Wage Decisions(Section FW)
7. Special Provisions(Section SP)
SP-1
ADDTTIONS TO THE STANDARD SPECIFICATIONS
PART 1
GENERAL PROVISIONS
SECTION I - GENERAL TERMS, DEFINITIONS, ABBREV7ATION5, U1VIT OF
MEASURE,ANDSYMBOLS
1-2 TERMS AND DEFINITIONS
a) AGENCY: The City of Orange,Califomia,also hereinafter called"CiTy".
b) BOARD: The City Counci(of the City of Orange,Califomia.
c) CON'IRACT DOCIJMENTS: Documen[s including but not]imited tq the proposal, Standard Specifications,
Standard Plans, additions to the Standard Specifications, Special Provisions, plans, bonds, insurance, contrac[
agreement and all addenda setting forth any modifications of the documents.
d) DA1'E OF CONTRACT: The date of notification from the City Attorney's o ce informing the Contractor that
the contract is approved and fully executed by the City and the Contractor.
e) ENGINEER OR CI1'Y ENGINEER: The City Engineer of the CiTy of Orange or his duly authorized
representative(s).
BIDDER: Any individual,co-parhiership,association or corporation submitting a proposal for the work
contemplated acHng directty or through a duty authoriud representative.
g) LEGAL ADDRESS OF CONTRACTOR: The legal address of[he Contractor shall be the address given on[he
Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the
Contractor shall be mailed or delivered.
h) LABORATORY: M established]aboratory approved and authorized by the Engineer for testing materials and
work involved in the conhact.
i) STAT'E CONTRACT ACT:Division 1,Division 2,Part 1,3 of the Public Contract Code. The provisions of this
act and other applicable laws form and constitute a part of[he provisions of this conhact to the same extent as if set
farth herein in full.
ld ABBREVIATIONS
OCPW: Orange County Public Works (formedy Orange CounTy Resources and Development Management
Department)
1-6 BIDDING AND SUBMISSION OF THE B[D
1-611 Qualifications of Bidders
Any bidder who can prove to be a"Responsible Bidder"based oq but not limited to,the following requirements may
submit a bid for consideratioa The Ciry Engineer may waive any or afl of the following criteria in the best interests
of the City.
SP-2
I) A valid license in appropriate classification with which he can perform the specified work, at the time of
award.
2) Record of satisfactory past performance of work with various agencies and industry.
3) Record of satisfactory compliance with all State, Federal and local laws regarding, but not limited tq fair
employment prac[ice,safety regulations,prevailing wage regulations,labor code,and subcontracts.
4) Ability to comply with delivery schedules of materials,equipment and labor.
5) Adequate financial resources[o complete the work.
6) Ability to secure bid bonds,conhact bonds and insurances from companies having adequate rating.
7) Minimum five years of experience in completing contracts of nature,rype and size similar to that for which
he is submitting bids and such experience has been acquired not more than seven years prior ro submitting a
bid.
1-6.1.3 PROCEDURE FOR PROPOSAL SUBMITTAL
Proposal shall be made and submitted on proposal forms provided by the City in accordance with the notice inviting
bids. Sealed proposals shall bear the title of the work and no other distinguishing mazks. Any bid received after the
scheduled closing time for the receipt of bids shall be remmed to the bidder unopened. It shall be the sole responsibility
of the bidder to see[hat his bid is received in proper time.
Each bid shall be made on blank proposal forms provided by the City of Orange and shall be accompanied with a
certified or cashier's check or a bid bond for not less than ]0% of the amount of bid, made payable to the City of
Orange. No proposal shall be considered unless this requirement is met.
Each bidder must be licensed and also pre-qualified as required in Section I-6.1.1 of these Specifications.
DBE information;The bidder proposed utilization of DBE form is included in the bid proposal and should be
completed by the bidder and submitted with the bid.Failure[o submit[he required DBE information by the time
specified will be grounds for finding the bid proposal mn-responsive.
No person,firm or corporation shall be allowed to make,file or be interested in more than one bid for the same work,
unless alternate bids are called for. A persoq firm or corporation who has submitted a sub-pmposal to a bidder, or
who has quoted prices on materials to a bidder,is not thereby disqualifed from submitting a sub-proposal or quoting
prices[o the other bidders. If,on the opening of bids, more than one bid appears in which the same persoq firm,or
corporation is interested as a principal,all such bids shall be rejected.
Proposals with inter-lineations, alterations or erasures shall be initialed by the bidder s authorized agent. Alternative
proposals, special conditions or other limitations of provisions affecting the bids, except as such called for by the
wntract documents,will render the bid informal and may cause its rejection. AII pmposals mnst give[he unit prices
bid for the various items of work both in writing and figures and must be signed by the bidder,who shall give his
address. Each bid item shall be bid as it appears on the proposals and shall not be altered or lumped together with
other bid items. Each bid shall have [hereon the affidavit of the bidder that such bid is genuine and no[ sham or
collusive or made in the interest or on behalf of any other person not therein named and that the bidder has not directly
or indirectly induced or soficited any other bidder to put in a sham bid, or any person,firm or corporation to refiain
from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any
other biddet.
The Contractor shall be registered with Department of Industrial Relations (DIR), State of Califomia per
Labor Code Section 1771(a) at the time of bid. This project is subject to compliance monitoring and
entarcement by DIR.
SP-3
1-6.1.4 Request tor Interpretation
If any person contemplating submitting a bid is in doubt as to the true meaning of any paR of the plans,specifications
or other proposed conkac[documents,or finds discrepancies in,or omissions from,the drawing or specifications,or
discovers substantiaf difference between the approximate quantities shown on the bid proposal and his quantity
es[imate from the plans for any of the major bid items in the proposal,he shall request the Engineer,in writing,for an
interpretation or corzection thereof. The person submitting such a request shall be responsible for its prompt delivery,
no later than seven(7)calendar days prior to bid opening date. The meaning of substantial difference and the major
bid items, for this purpose, shall be in accordance with Section 1-2 and Section 3-22.1 of the Standazd Plans and
Specifications. All such interpretations of the contract documents will be made only by Addenda duly issued and a
copy of each such Addendum will be mailed or delivered to each person receiving a set of wntract documents at his
las[address of record. The City will not be responsible for any other explanations or interpretations of the contract
documents.
1-6.1.5 Return of Bid Security
Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any time prior to the
scheduled c(osing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic
or written request is delivered to the Director of General Services prior to said closing time.
The bid sewriry of the unsuccessful bidders will be retained unti]the contract is awarded to the lowest, responsible
successful bidder.
The bid securiTy of the successful bidder of accepted bid will be held by the City until the conhact has been entered
into and the bonds accompanying the same are approved and filed.
If a bidder fails or refuses to enter into a conhact ro do work,the bid sewrity shall be fodeited to the City and shall
be paid into the General Fund of Ihe City.
Bid securities coasisting of cashier's checks will be refunded to the respective bidders when no longer required by the
City. All other bid securities no longer required by the City,will be considered void. These will be retumed to their
respective bidders only if requested with self-addressed stamped emelope and sufficient postage.
1-61.6 Bid Protest Procedure
1.My bid protest must be submitted in wdting to Public Works Director,300 E. Chapman Avenue,
Orange, CA 92866 before 5 p.m.of the lOth CiTy business day following bid opening.
a) The initial protest dowment shall contain a complete statement of the basis for the protest with
accompanying dowmentation in suppor[[hereof.
b) The protest shall refer to the specific portion of the document which forms the basis for the
protest.
c) The protest shal!include the name,address and telephone number of the person representing Ihe
protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document and
any attached documentation to al]other parties with a direct financial interest which may be adversely
affected by the outcome of[he protest. Such parties shall include all other bidders or proposers who appear
to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Public Works DirectodCiTy Engineer will issue a decision on the protest. If the Public Works
DirecrodCity Engineer determines that a protest is frivolous,the party originating the protest may be
determined to be irresponsible and that party may be determined to be ineligible for future conhact awards
by the CiTy of Orange.
SP-4
The procedure and time limits set forth in this paragraph are mandatory and are the bidder's sole
and exclusive remedy in[he event of bid protest and failure to comply with these procedures shall
constitute a waiver of any right to further pursue the bid protest,including filing of a claim against the City
under the California Govemment Code or legal proceedings.
1-6.2 Subcontractor Listing
Add the jo1loiving paragraph to end of this section The Engineer, as duly authorized officer, may wnsent to
subconhactor substitution requested by the Contractor subject ro the limitations and no[ices prescribed in Section 4107
ofthePu6licCode. Priortocommencementofwork,theContractorshallsubmittotheEngineeralistshowingnames,
addresses,telephone numbers,CiTy business license numbers and the work to be done by subcontractors.
1-6.3 Disadvantaged Business Enterprises(DBE)
Under 49 CFR 26.13(b):
The con[rac[or,subrecipient or subconhactor shall no[discriminate on the basis of race,color,national
origin,or sex in the pedormance of this contract. The contractor shall carry out applicable requirements of
49 CFR part 26 in[he award and administration of DOT-assisted wnhacts. Failure by the contractor to
carry out these requirements is a material breach ofthis contract,which may result in the termination of this
contract or such other remedy as the recipient deems appropriate.
Take necessary and reasonable.s[eps to ensure tha[DBEs have oppor[unity to parficipate in the contract(49 CFR
26).
To ensure equal participation of DBEs provided in 49 CFR 26.5,the Agency shows a goal for DBEs.
Make work available to DBEs and select work par[s consistent with available DBE subcontractors and suppliers.
Meet the DBE goal shown elsewhere in these special provisions or demonshate that you made adequate good faith
efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening.For a fist of DBEs
certified by the California Unified Certification Program,go to: htto://www.dot.ca.sov/ha/bep/find certified.htm.
All DBE participation wiff count toward the Califomia Department of Transportatiods federally manda[ed statewide
overall DBE goal.
Credit for materials or supplies you purchase from DBEs coun[s towards the goal in[he following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufac[urer.
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 dealec 49 CFR
26.55 defines"manufacturer"and"regular dealer."
You receive credit towards[he goal if you employ a DBE trucking company[hat pedorms a commercially useful
function as defined in 49 CFR 26.55(d)(1)[hrough(4)and(6).
DBE Commitment Submittal
Submit the E chibit 15-G Construction Conn•act DBE Commitmene form,inc(uded in the Bid book. If the form is
no[submitted with the bid,remove the fortn from[he Bid book before submit[ing your bid.
If the DBE Commitment form is not submitted with the bid,the apparent low bidder,the 2nd low biddeq and the 3rd
low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commihnent form mus[be
received by the Agency no]ater than 4:00 p.m.on the Sth calendar day after bid opening.
Other bidders do not need ro submit the DBE Commitment form unless the Agency requests it. If the Agency
requests you to submit a DBE Commitment form,submit the completed form within 5 calendaz days of the request.
SP-5
Submit written confirmation from each DBE stating that it is participating in the conhact Incfude confirmation with
the DBE Commitmen[form. A copy of a DBE's quote will serve as written wnfirmation that the DBE is
participating in the contract.
If you do not submit the DBE Commitment form within the specified time,the Agency will find your bid
nonresponsive.
Good Faith Efforts Submittal
If you have not met the DBE goal,complete and submit[he DBE Information-Good Faith Efforts,E ibit 15-H,
form with the bid showing that you made adequate good faith efforts to meet the goaL Only good faith efforts
direc[ed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is no[
submitted with the bid, it must be received by the Agency no later than 4:00 p.m.on the Sth calendar day after bid
opening.
If your DBE Commitment form shows that you have met the DBE goal or if you are required ro submit the DBE
Commitment form,you must also submit good fai[h effoRs documentation within the specified time to protect your
eligibiliTy for award of[he conhact in the event the Agency finds that[he DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting dowments,as necessary:
I.Items of work you have made available to DBE firms. Identify those items of work you might
otherwise perForm with your own forces and those items that have been broken down into
economically feasible units to facilitate DBE participatioa For each item listed,show Ihe dollaz
value and percentage of the total contract. It is your responsibiliTy to demonstrate that sufficient
work to meet Ihe goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project. Indude the
items of work offered. Describe the methods used for following up initial solicitations to
determine with certainty if the DBEs were interested,and the dates of the follow-up. Attach
suppoRing documen[s such as copies of letters,memos,facsimiles sent,telephone logs,telephone
billing statements,and other evidence of solicitation. You are reminded to solicit certified DBEs
tivough all reasonable and available means and provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include
name,address,and telephone number of each DBE that provided a quote and their price quote. If
the firm selected for the item is not a DBE,provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participa6on for the project.
Attach copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in conqcting,
recrui[ing,and using DBE films. If the agencies were contacted in writing,provide copies of
supporting documents.
6.List of efforts made to provide interested DBEs with adequate information about the plans,
specifications,and requirements of the contract to assist them in responding to a solicitation. If
you have provided informatioq identify the name of the DBE assisted,the nature of the
informaHon provided,and date of contac[. Provide copies of supporting documents,as
appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding lines of credit,insurance,
necessary equipment,supplies,and materials,excluding supplies and equipment that the DBE
subcontractor purchases or leases from the prime conhactor or its affiliate. If such assistance is
provided by yoq identify the name of the DBE assisted,nature of the assistance offered,and date
assistance was provided. Provide copies of supporting documents,as appropriate.
8.Any additiona(data to support demonstration of good faith efforts.
The Agency may consider DBE commihnents of the 2nd and 3rd bidders when determining whether the low bidder
made good faith efforts to meet the DBE goal.
Exhibit 15-G-Construction Contract DBE Commitment
SP-6
Complete and sign Exhibit 15-G Constrirction Contracr DBE Commi ment included in the con[ract documents
regardless of whether DBE par[icipation is reported.
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 paRicipating as ajoint venture partner,the Agency encourages you to
submit a copy of thejoint ven[ure agreementJ
Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List ojSubcontractors(DBE and Non-DBE)and
Exhibit IS-G Construction Contract DBE Commrtment form unless you receive authorization for a substitution.
The Agency requests the Contractor to:
l. No[ify the Engineer of any changes to its anticipated DBE paRicipation
2.Provide this noti£cation before staRing the affected work
3.Maintain records including:
Name and business address of each 1"-[ier 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
If you are a DBE contractor, indude the date of work pecformed by your own forces and the corresponding value of
the work.
Before the 15th of each month,submit a Mon[hly DBE Trucking Verification form.
If a DBE is decertified before completing its work,the DBE must notify you in writing of the decertification date. If
a business becomes a certified DBE before completing its work,the business must notify you in writing of[he
certi5cation date. Submit the notifications. On work completion,complete a Disadvantaged Business Enterprises
DBE)Cer[ification Status Change,Exhibit 17-0,form. Submit the form within 30 days of contract acceptance.
Upon work completion,complete E ibit 17-F Frnal Report—Utilization oJDisadvantaged Business Enterprises
DBE), Firsl-Tier Subcontracrors. Submit it within 90 days of conhact acceptance. The Agency will withhold
10,000 until the form is submitted. The Agency releases the withhold upon submission ofthe completed form.
Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contrac DBE Commitment
form,included in the Bid.
Do not[erminate or subsfi[ute a listed DBE for convenience and perform[he work with your own forces or obtain
materials from other sources wi[hout authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if it shows any of the following
justifications:
1.Listed DBE fails or refuses to exew[e a written contract based on plans and specifications for[he
project.
2.You stipulated that a bond is a condition of exewting the subconvact and the listed DBE fails to
meet your bond requirements.
3.Work requires a conhactor's license and listed DBE does not have a valid license under
ConhaMors License Law.
4.Listed DBE fails or refuses to perform the work or furnish the listed materials.
5.Listed DBE's work is unsa[isfactory 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.
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8.Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible[o receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inabiliry to perform the work on the
Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the
DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces
or sources of materials should not occuc Your request to use other forces or material sources must indude:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from you to[he DBE regarding the request.
3. Notices from the DBEs to you regarding the request.
If a listed DBE is terminated or substituted,you must make good faith efforts to find another DBE to substitute
for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE
under the contract to the extent needed to meet the DBE goal.
The substimte DBE must be certified as a DBE at the time of request for substitution Unless the Agency
authorizes(1)a request to use other forces or sources of materials or(2)a good faith effoR for a substitution of
a terminated DBE,the Agency does no[pay for work listed on the Exhibit I S-G Construction Conaact DBE
Commitment form unless it is performed or supplied by the listed DBE or an authorized substitute.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-711 Award of Contract
The awazd of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with al]
requirements of the notice inviting bids and Section 1-7.1.2 and 1-7.1.3 of these Specifications. The City,however,
reserves the right to rejec[any or all bids,and to waive any informality in the bids received. The Award of Conhact,
if made,shafl be made within 5IXTY(601 days after the opening of the bids.
1-7.1.2 Exewtion of Contrac[
The contract shall be signed by the successful bidder and retumed to Ihe City, together with the convact bonds as
specified in Section 1-72 of the Standard Specifications and as amended below and any changes or additions made
hereto in these specifications within fifteen(15)days after ihe date of written no[ice of award of conhact. The form
of[he contract agreement to be executed by the Conhactor will be mailed by the City Attomey's office along with the
written notice of award of contract. No proposal shall be considered binding upon the City until the execution of the
contract by the Ciry. In case of conflict, the contract agreement shall have precedence over all other written
specifications.
1-7.2 Contract Bonds
Sureties providing performance or labor&materials bonds for Contractors to the City of Orange must be licensed or
agree to empfoy a licensed Contractor,with a Class A or other applicable specialty contractors license from the State
of Califomia,in the event the Contractor to whom such surety is provided fails to pedorm the work under the contract.
Whenever any surety or sure[ies on any such bond,or on any bonds required by law for the protection of[he claims
oflaborers and material men,become insu cient,orthe City Attorney has cause to believe that such surety or sureties
have become insufficient, a demand in writing may be made of the Conhacror for such further bond or additional
surety,not exceeding that originally required,as is considered necessary considering the extent ofthe work remaining
to be done. Thereafter, no paymen[ shall be made upon such conhact to the Contractor or any assignee of the
Conhactor until such further bond or bonds or additional surety has been fumished.
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Except as set forth in this Section 1-72,the City of Orange will not accept any pedormance or any labor and materials
bond for any conhacts unless the bond complies with each and every one of the following criteria:
a) It is issued by a surety qualified as an acceptable surery on federal bonds as evidenced by an unrevoked
inclusion in the current Mnual List of Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies,published by[he United States Department of
the Treasury,Fiscal Service,or an official successor publication(Ihe"Treasure LisP');and
b) The bond is in an amount within the underwriting limitation of the surety se[forth in the Treasury Lish,and
c) The surety is legally qualified to conduct business as a surety in the State of California;and
d) The surety meets or exceeds the following standazds established by A.M.Best Company as set forth in the
current edi[ion of BesYs Kev Ratine Guide,Prooerlv-Casualtv:
Amount of Contrac[
0 to $ 20,000 A Class II
20,000 to $ 40,000 A Class III
40,000 to $ 100,000 A Class IV
100,000 to $ 20Q000 A Class V
200,000 to $ 500,000 A Class VI
500,000 to $ 1,000,000 A Class VII
1,000,000 to $ 2,000,000 A Class VIII
2,OOQ000 and up
A class assuring[hat the contract price does not exceed 2 percent of the minimum Adjusted Policyholders'Surplus
necessary to qualify for[hat class.
The BEST'S KEY RATING GUIDE may be examined in the Ciry Attomey's o ce or can be purchased from A.M.
Best Company,Ambest Road, Oldwick,N7 08858,(201)439-2200.
In the event the total amount of bonds issued by the surery for the con[ract exceeds [he underwriting limitation set
forth in the Treasury List,or the surety does not meet the minimum Financial Size Category rating set forth above,
then the surety shall prove reinsurance in excess of such total amount of bonds by one or more reinsuring companies
meeting the above-referenced A.M.Best rating standards list,listed on the Treasury List and within the Underwriting
Limitation of each reinsuring company,before a contract is executed by the Ciry.
For contracts with a total contract price less than$25,000,the City shall have[he power to modify or waive,in whole
or in part,the foregoing criteria for acceptable bonds,in its sole discretion.
For wntracts with a total contract price of$25,000 or more, but not exceeding $SOO,OOQ where bonds are not
reasonably obtainable which meet the provisions of subparagraphs(a)and(b)or(d)above,for reasons other than[he
creditworthiness of the Contractoy the CiTy may, in its sole discretion, accept bonds which meet the provisions of
subparagraphs(a)and(b)but not(d),or bonds which meet the provisions of(d)but not(a)and(6).
Security for public conhacts in lieu of bonds meeting the criteria set forth above will be accepted by the City only if
in the form of cash deposits in the full face amount of required bonds,in the name of the City of Orange,as owner of
the account, in such financial institufion as the City may direct and under written agreemen[ in form and substance
acceptable[o the City. In the even[such account bears in[erest,any accrued interest shall be paid to surety at the Hme
said security is released, or if Contractor defaults shall be applied to pay for any work necessary to complete the
contract in the event that application of the principal of said account proves insufficient.
All bonds shall be on the forms ptovided by the City of Orange, with al(signatures notarized and with the following
natazized endorsement:
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The undersigned hereby certifies that the named surety issuing the bond for.
CDBG FY 2019-20 Americans with Disabilities Act(ADA1 Wheelchair Access Ramu Replacement
at Various Locations
Bid No. 190-22;SP-41221)
is issued by an"admitted surery",qua(ified to conduct business in the State of Califomia in accordance with CCP§995-
670
Name ofSurety
Attorney in Fact
SECTION 2 - SCOPE OF THE WORK
2-1 WORKTO BE DONE
2-1.1 General Description of Work:
The work to be done,in general,consists of. removing and replacing e sting sidewalk access ramps,curb and gutter,
cross-gutter, spandrel, asphalt concrete slot paving tra c conhol, traffic pull box adjustments, saw cutting,
excavation, dearing and grubbing, horizontal c rb wtting, subgrade preparation, sprinkler system repairs and
adjustments, furnish and install detectable waming surface (truncated domes) at various locations in the CiTy of
Orange. The City reserves the right to delete any of the locations and/or add new IocaHons, at the City's
discretioa All [he work performed shall be measured and paid at the contract unit price bid in the proposal and no
additional compensation shall be allowed for deleting or adding new locations of wheelchair ramp construction.
2-2 PERMITS AND LICENSES
Except as otherwise specified in the Special Provisions,the Contractor shall procure all permits and business licenses,
pay all charges and fees,and give all notices necessary and incident to the due and lawful prosewtion of[he work.
These pecmits and licenses shall be obtained in sufficient time to prevent delays[o the work.
In the event that the Ciry has ob[ained permi[s, licenses or other authorizations applicable to the work from other
agencies, the Confractor shall comply with the provisions of said pertnits, licenses and other authorizations. My
charges such as inspection fees, bonds, insurance that may incur due to the Contractors performance in accordance
with such permits shall be considered included in the bid items for the various items of work involved.
2-4 COOPERATION AND COLLATERAL WORK
Conhactor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essen[ial
work by o[hers. The City,its workers and contractors and others,shall have the right to operate within or adjacent to
the work site during the pedocmance of such work.
The CiTy, the contractor, and each of such workers, contractors and others, shall coordinate their operations and
cooperate to minimize interference.
The Conhactor shall include in its Bids all costs involved as a result of coordinating its work with others. The
Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous,
collateral,and essential work. If necessary to avoid or minimize such damage or delays,the Contractor shall redeploy
its work force to other parts of the work.
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Should the Contractor be delayed by the City, and such delay could have not been reasonably foreseen or prevented
by the Conhactor,the Engineer will determine the eutent of the delay,the effeM on the project,and any extension of
time.
2-6.1 Changes in Work: Ceneral
Engineer shall be the duly authorized officer who may grant the changes prescribed in this section.
2-7 CHANGES INITIATED BY THE AGENCY
The Engineer shall have the right to make changes in the work, plans and/or specifications and the conhactor shall
perform the work as changed and as directed by the Engineer.
2-81 Extra Work: General
If the City and the Con[rac[or cannot reach an agreement to establish an agreed lump sum price or stipulated unit
prices, the City reserves the right to direct [he Contractor to perform such work using an acceptable substitute
subconhactor. The Ciry may order the Contractor to obtain bids from tluee or more subconhactors to perfortn such
work. Upon written approval of a subconVactor selected by the Engineeq the Conhactor shall enter into a subconhact
with such subcontractorto pedorm such work. All the Conhactors mazkups shall be in accordance with the provisions
of Section 7-43.
The extra work as defined in this section of Standud Specifications,and any work done beyond the lines and gades
shown on the plans, shall only be performed when ordered in writing by the Engineec In absence of such written
order,any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed
atthe Contractors expense.
2-10 DISPUTED WORK
Any claims, poten[ial claims based on an act or failure to act by the Engineer, any protests agains[the rulings and
decisions ofthe Engineer,shall be made in writing. Such claims,potentia(claims or protests shall be addressed ro the
Engineer and shall be submitted within ten (10) days after the happening of the event, thing occurrence, or other
cause,giving rise to such action by the conhactor.
The written determination rendered by the Engineer on such actions by the contractor shall be considered as a final
ruling of the City of Orange. Any monetary claims against the City regarding the City's decision shall be filed with
the City Clerk of Ihe City of Orange in accordance with the provisions of chapter 3.16 of Orange Municipal Code,
Califomia Govemment Code sections 81Q 901,905,911,915,935 and 945.
SECTION 3-CONTROL OF THE WORK
3-4 Authority of Board and Inspection
Authority ofBoazd and Inspection shal]conform ro Section 3-4 of Standard Specifications and the following:
Orange Municipal Code Section 215.020 C,and 2.34.10 has designated Engineer as their designee for all decisions
regarding the contract.
The Contractor shall give at least 24 hours advance notice of[he[ime when he or his subconhactor will start or resume
the various units of operations of the work as per the contract,or resume the said units or operations when they have
been suspended as per the conGact.
The above notice is to be given during working hours,exclusive of Saturdays,Sundays or holidays for the purpose of
permitting[he Engineer to make necessary assignments of his representative or inspecror on[he work.
SP-11
The Contractor shall pay the inspection charges for any work done outside normal working hours at the rate established
for Special Inspection in the Master Schedule Fees and Charges adopted by the City Council. Such fees shall be paid
per half day or portion thereof in minimum one-half day increments.No work shall be performed outside normal
working hours except under extraordinary circumstances and with prior approval of[he Engineec See Section 6-3.3
for normal working hours.
Any work perfortned in conflict with said notice,without the presence or approval of the inspector,or work covered
up without no[ice,approval or consent may be rejected or ordered to be ancovered for eacamination at the Contractor's
expense, and shall be removed at the Con[rac[or's expense, if so ordered by the Engineer o his representative or
inspector on the work. My unauthorized or defective work,defective material or workmanship or any unfaithful or
imperfect work that may be discovered before the final payment and Fnal acceptance of work shall be cocrected
immediately without eutra charge even though it may have been overlooked in previous inspections and estimates or
may have been caused due to failure to i vspect the work.
All authorized a(terations affecting the requirements and informa[ion given on the approved plans shall be in wriHng.
No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by
direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of
construction,will be determined in afl cases by the Engineer and authorized in writing.
All instructions,culings and decisions of the Engineer shall be in writing and shall be£nal and binding on all parties
unless formal protest is made in writing and as provided in the following paragraph:
Ifthe Convactor considers any work demanded ofhim to be outside the requirements ofthe conhact,or ifhe considers
any inshuction, ruling or decision of the inspector or Engineer to be unfair, he shall, within ten(10) days after any
such demand is made,or instruction,ruling or decision is given,file a written protest with the Engineer,stating clearly
and in detai(his objections and reasons therefore. Except for such protests and objections as aze made of record, in
the manner and within the time above stated,the Contractor shall be deemed to have waived and does hereby waive
all claims for extra work,damages and extensions of time on account of demands,inshvctions,rulings and decisions
of[he Engineer. Upon receipt oF any such protest from the contractoq the Engineer shall review the demands,
instruction, ruling or decision objected to and shafl promptly advise the conhactor, in writing,of his final decisioq
which shall be binding on all parties. Any protests against the Engineer's final decision shall be made in accordance
with section 2-10 Disputed Work.
3-5 INSPECTION
In addition to those processes in Section 3-5 INSPECTION the following shall apply:
All work requiring Special inspection shall be £rst inspected and approved by the City Building Inspector 24 hours
before Special Inspections. If any work is covered before the City Building Inspecror inspection and approval, the
CiTy shall require the work to be exposed and inspec[ed.
Due to the City of Orange 9/80 flex work schedule the City is cbsed every other Friday.No City Building Division
inspection services are available on closed Fridays,although Special Inspec6on services aze available when the City
Building Division inspections occur on the Thursday before the closed Friday.
The Contractor shall keep the City's ProjecUConstruction Manager or designee informed rivo weeks in advance of
scheduled work to assure tha[City Inspectors and Special Inspectors are available.All inspection processes for those
inspections requiring the CiTy of Orange Building Division approvals shall be worked out in detail with the City of
Orange Building Official.
3-51 Progress Reports
The Contrac[or shall provide the City Inspector,at the end of each working day,a daily report showing the number of
employees working on the project. The report will also include the Conhactor employee's name and their
classifications and equipment used onsite. Any subcontrectors working on the project will also be included in the
SP-12
same report.
3-6 THE CONTRACTOR'S REPRESENTATIVE
The Contractor shall file with the Engineer [he addresses and telephone numbers where he or his designated
representarive may be reached during hours whe the work is not in progress,so that 24-hour,7-days a week contact
can be maintained.
Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or
telephone numbers filed in accordance with this section shall be considered as having been given m the Conhactor.
3-7 CONTRACT DOCUMENTS
3-7.3 Plans and Specifications"
The Engineer wil]provide the Conhactor,free of charge,up to twelve(l2)copies of plans and special provisions for
the execu[ion of work.The conVactor shall have a bonded and insured printing company pick up the originals from
the City to make additional copies,if needed,at no additional cost to[he Ciry.
The Contracror shall, at his own expense, obtain copies of the"Standard Specifications", CiTy of Orange Sqndard
Plans and Specifications,Standard Plans and Specifications of the State of Califomia,and Work Area Tra c Control
Ha dbook,for his general use.
If,after award of the conhact,should it appear that the wrk to be done,or any matter rela[ive thereto,is not sufficiently
detailed or explained in the specifications and plans, [he Contractor shall apply to [he Engineer for such further
e cplanafions as may be necessary and shall conform to such explanation or interpretation as paR of the confract.
All scaled dimensions shall be considered approximate. Before proceeding wi[h any work, the Contractor shal]
carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his
representative of any discrepancies.
3-10 SURVEYING
3-10.1.1 Survey Service
Unless otherwise stated by the City Engineer or noted in the Special Provisions, the Confractor shall provide all
surveying services.
Supplemental surveying shall be performed to locate all surface features within[he paved and unpaved project area to
include but not be limited to survey monuments, water valve boxes, meters, manholes,traffic detec[or loops, and all
other topographic features covered by the new construction. Utility sudace features such as vaults,fire hydrants,gas
vents,irrigation boxes,etc.within the project limit shall be identified on the plans.
3-10.1.2 Private Engineers
Unless otherwise provided in[he Special Provisions, lines and grades for the conshuction shall be the responsibility
of the Contractor,with the following provisions:
All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey
for establishing these,and for the control of construction,sha(1 be the responsibility of the Contractor.All such survey
work including construction staking shall be done under the supervision of a Califomia Licensed Land Siweyor or
authorized Civil Engineer. S[aking shall be done on all items ordinarily requiring grade and alignment, a[intervals
normally accepted by the agencies and hade imolved.
The contractor shall provide a copy of the office calculations and grade sheets to the Ciry Inspectoc The Contractor
shall be responsible for any errors in the finished work,and shall notify the Engineer, in writing,within 24 hours,of
any discrepancies,or design errors during the construction staking.
SP-l3
Contractor shall provide construction surveying for relocation of any conflicting utilities and provide a reasonable
time window of opportunity to the utility owners to relocate their facilities after the survey is provided by the
Contractor.
3-10.4 Payment for Surveying
T6e payment for SURVEYING shall be included in the respective items of work and shall include,but not to be
limited to Section 400-2, conshvction staking, locatio and/or relocation of conflicting utilities, locating survey
monuments, setting of survey monuments and center line ties, preparing and filing centedine tie sheets and Corner
Records,locating Bench Marks and notifying the Counry Surveyor's Office of same,professional office services and
field calculations,and fumishing all labor,materials,tools,equipment and incidentals for doing all work involved.No
additional compensation shall be allowed unless a separate bid item isprovided.
3-12.1 Cleanup and Dust Cootrol
Unless otherwise authorized by the Engineer, all surplus materials shall be removed from the site of the work
immediately after completion of the work causing the surplus materials. Unless the construction dictates otherwise,
and unless otherwise approved by the Engineer,the Contractor shall fumish and operate a self-loading motor sweeper
with spray noules at least once each working day to keep paved areas acceptably dean whenever conshuction,
including restoration,is incomplete.
Failure of the Conlractor to comply with the Engineer's dust control orders may result in an order to suspend work
until the condition is corrected; after filing notice to the Contractor,the Engineer may order this accomplished by
others. Afl costs thus incurred shall be deducted from the amount to be paid to the Conhactor. No additional
compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed,or material used,to control dust resulting Gom
the Coo[ractor's performance on the work,or by public traffic,either inside or outside the right-of-way. Full
compensation for such dust control will be considered as ineluded iu the prices paid for the various items of
work involved.
3-12.6 Water Pollution Control
Discharge of storm water from construction sites that disturb land equal to or greater than one (1) acre must be in
compliance with the State General Conshuction Activity Permit(Construction Permit). The latest permi[provisions
of the Conshvction Permit shall apply. The ConVactor is required to contact the Santa Ana Regional Water Qualiry
Control Board (Regional Board) for all information contained in [he Construction Permit In ffie event project
cons[ruction occurs during the transition of revised Constmction Permits, the Contractor shall incorporate the
necessary modifications specified by the revised Construc[ion Pelmit wi[hin [he time period specified in the new
Construction Pemiit.
Construction activity subject ro the Conslruction Permit includes clearing,grading,disturbance to the ground such as
s[ockpiling,or excavation that results in soil disturbances of at leut one acre of total land area. Cons[ruc[ion activity
that results in soil disturbances of less tUan one acre is subject to the Construction Pelmi[if the cons[ruction activity
is part of a (arger common plan of development that encompasses one or more acres of soil disturbance or if it is
determined that discharges from the project pose a significant threat to water qualiTy.
The City will complete and file the Notice of In[ent(NOI)and the Notice of Termination(NOT)for the ciTy owned
projects.
A copy of the latest permi[ is available at
w wv.swrcb.ca.eovhvater issues/oroerams/stormwatedconstructioashtml . The Contractor is hereby directed
to read the Construction Permit thoroughly and comply wi[h the requirements as specified Iherein.
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3d2.7 Drainage Coutrol
It is anticipated that storm,surface or other waters will be encountered at vazious times and locations during the work
herein contemplated. Such waters may interfere with Contracto2s operations and may cause damage to adjacen[or
down-stream private and/or public properly by flooding lateral erosioq sedimentatioq or pollution if not properly
controlled by the Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor will be required to control all water encountered during conshvction and shall use appropriate methods
of sediment wntrol and debris barriers to prevent any contaminated water from entering the storm drain piping. These
methods shall include the placement of sand bags, filter fabric and fencing, berms, and other temporary barriers as
needed to compty with the City's requirements for construc[ion activities. During the course of water control the
Conhactor shall condvct construction operation to protect waters from being polluted with fuels, oils, bitumens or
other harmful materials,and shall be responsib(e for removing said materials in the event protective measures are not
effective.
The Contractor shall conduc[his operation in such a manner that storm or other waters may proceed uninterrupted
along their exis[ing s[ree[or drainage courses to preven[ponding of water during all phases of construction. Diversion
of water for short reaches to protect cons[ruc[ion in progress will be peanitted, if public or private properties in the
opinion of the Engineer are not subject to the probability of damage.
The Contractor shall maintain drainage within and through[he work areas.The Con[rac[or shall provide and maintain,
at wnsWction site,ample means and devices wi[h which to block,remove,and properly dispose of all water entering
the excavatioa Temporary dams of sandbags,asphaltic concrete,or other acceptable material will be permitted when
necessary. Such dams shall be removed from Ihe site as soon as[heir use is no longer necessary.
Contractor shall contac[ adjacent residents and businesses to tum off the irrigation systems that are impacting the
construction zone. Diversion of surface water including nuisance water from the excavation site and work azea shall
be the responsibility of Ihe con[rac[or,and no separate compensation will be allowed for the removal of surface water
from the excavation site.
3-12.8 TEMPORARY LIGHT,POWER AND WATER
The Contractor shall be required to deposi[with the City Water Division for a meter service charge of$1,500.00 for
each construction meter used on a City fire hydrant. The ConVactor wil( be charged $295 per day rental on each
constructionwatermeter,andtheContractorshallpayforthewaterusedontheproject. WaterusagebytheConVactor
shal(be charged per hundred cubic foot.
The Contracror shall provide forhis employees an adequate supp(y ofpotable drinking water,which shall be dispensed
through approved sanitary facilities.
SECTION 4- CONTROL OF MATERIALS
4-4 TESTING
Quality Control(QC and Acceptance Testing(A'I)
Unless otherwise provided in the Special Provisions,all the testing of materials to be fumished by the Contractor,testing
of rock materials per Section 200,cement concrete,mortar and related materials per Section 201;masonry marerials per
Section 202,bituminous materials per Section 203;soils and aggrega[e per Section 211,testing of materials p(acement,
testing of manufactured ma[erials shall be the resaonsibilitv of the Contractor and shall be done by and under the
supervision and direction of a licensed Califomia Registered Engineer or Geotechnical Engineer with e cperience in
sampling,and materials testing for and highway construction projects.
SP-15
All the testing shalf be done by a Caltrans certified company pre-qualified to pedorm all the necessary tests and which is
accepbble to the City of Orange.
Such material testing company shall detertnine the number oftests and frequencies ofsampfing in order for the company
to certify that all the material used for[he work,its placement and the final product are tested to the requirements specified
as outlined in the special provision.As a minimum,[he material sampling and testing shall be in conformance with the
Standazd Specifica[ions for testing methods and frequency of tests.The contrac[or shall obtain and test concrete cylinden
for all concrete pavement construction. The contractor shall supply the test resul[s to the City for verification of
compliance wi[h the concrete strength requirements specified in the contract documents.
All tests of materials fumished by the Contractor shall be made in acwrdance with commonly recogniud standards of
national organizations and such special methods and tests as are prescribed in these specificaHons.
No materials shall be used until they have been approved by the Engineer.
The materials to be delivered to the job site shall be tested and continuously monitored by the certifying company at[he
source plant each day of the scheduled delivery. The testing company shall certify that material de(ivered on the job site
is from the batch tested and approved by the company. The daily log and test results shall be available ro the City
inspector at the job site at all times.
The material testing company shall inform the City inspector of their schedule of testing so as to allow the Ciry Inspector
to randomty wifiess the testing.
The Contractor shall,at his expense,fumish the City, in triplicate, cer[ified copies of all required factory and mifl test
reports. My materials shipped by[he Contcacror from a factory or mill prior to having sa[isfacrorily passed such testing
and inspection by the qualified testing company and a representative of the City shall not be incorporated in the work,
unless the Engineer shall have notified the Contractor,in writing that such testing and inspection will not be required.
A[the opHon of the Engineer,the source of suppty of each of the materials shall be approved by the Engineer before
delivery is star[ed and before such material is used in the work.
Compaction of soil, fill material,over excavation, subgrade, aggegate base, asphalt concrete,trench backfill shall be
tested by the testing company with number of tests and frequency as specified in the standard specifications. Copies of
all compaction tests shall be given to the Engineer within 48 hours after mmpletion of material testing. Al( areas no[
meeting the wmpaction requirements,shall be removed,reworked,or replaced by the contractor,until[he testing results
in compliance with the compaction requ'vements.No extra payment will be made to the contractor of retesting of failed
material tests.
Manufacmred materials delivered on thejob site shall be certified by the manufacturer[hat[he ma[erial complies with
all applicable tests. All the test data shall be fumished with such certification.
Unless otherwise specified,[he cost of[es[ofmazerials and con[inuous plan[inspec[ion sF all be considered included in
various i[ems of work and no addi[ionaf compensation shall be allowed.
SECTION 5—LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
The Contractor shall protect and indemnify the City,[he City Council,the Engineer,and all of its officers,agents and
servants against any claim or liability arising from or based on the violation of any existing or future State,Federal or
Local laws,ordinances,regulations, orders or decrees, whether by himself or his employees. If any discrepancy or
inconsistency is discovered in the plans,drawings,specifications or contract for the work in relation to any such law,
ordinance,regulation,order or decree,d e Contractor shall forthwith report the same to the Engineer in writing.
The conhactor or subcontractor shall not discriminate on [he basis of race, cobq national origin, or sex in the
performance of this contract. The conhactor shall carry out applicable requirements of 49 CFR Part 26 in the awazd
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and adminishation of DOT-assisted contracts. Failure by the conhactor ro 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 recipient deems
appropriate.
5-3.2 Prevailing Wage Rates
For a project tunded with federal funds as identified in the Legal Notice of the Project Specifications,all Federal
requirements, the Davis Bacon Act, in particular, shall apply for the project The Federal Prevailing Wage
Rates attached in the Specifications s6all apply. Howeveq the state prevailing wage rates must apply to any
classification that has a higher rate under state prevailing wage rate. Contractor is required to pay its
employees the state prevaiiing wage rates when the prevailing wage rate is higher under the state t6an under
the federal prevaiGng wage rates for any job classifications.
The Contractor shall comply witli the provisions of 1770 to 178Q 1810 to 1815, 1860 and 1861 indusive, of the
Califomia Labor Code,the latest prevailing rate and scale of wages es[ablished per the de[ermina[ion of the Director
of[he Department of Indushial Relations, State of Califomia, and any latest changes thereto, on file with [he
Department of Public Works of the Ciry of Orange,priorto the date on which notice inviting bids is last published in
a local newspaper. The Conhactor shall comply with the requ'vement of the payment of travel and subsistence
payments to each worker on the work;he shall forfeit penalties prescribed therein for non-compliance of the said code.
The ConVactor shal] post and keep posted, for the duration of the contract,a copy of said prevailing rates at the job
Si[e.
Contractor's attention is directed to the expiration dates of the wage decisions of each craft. Contracmr's bid shall
include any increase in labor cost anticipated after [hese expira[ion dates and no additional compensafion will be
allowed for such increases.
Copies of the State general prevailing wage rates are no[sold at the Ciry of Orange,but the prevailing wage rates aze
available for review at the Deparhnent of Public Works. Contractor can purchase the State general prevailing wage
rates from the Department of Industrial Relations, Division of Labor Statistics and Reseazch,Prevailing Wage Unit,
455 Golden Gate Avenue, 5th Floor, Room 5184, P.O. Box 420603, San Francisco, CA 94142-0603, [elephone
number(415)703-4774.
In order to verify the compliance ro the said code,the Contractor shall keep an accurate weekly record,for the duration
of the conhact period, of his and his sub-contractor's payroll statements showing wages paid each employee during
each week and the employee work classificatioa The Contractor shall preserve such record for ninety(90)days after
the date or recordation of the notice of completion of the contract and upon written noHfication by[he Engineer these
shall be submitted within ten(10)days to the Engineer for checking. Using State Form DH-C-347,Payroll Statement
of Compliance, is an acceptable method of fulfilling Ihe above requiremen[.
Certified Payroll Reports, Statement of Compliance and Fringe BeneSt Statement must be signed by President or
Owner of the Company including all subcontractors. Contractor may submit a le[ter of au[horization for authorizing
an individual such as, payroll o cey office ma ager, and secretary[o sign all certi£ed payroll reports. This letter
must be submitted wi[h[he£us[ceRified payroll report.
Contractor shall indemnify, protect, defend and hold hartnless [he Ciry and i[s officers, employees, conhactors and
agents, with counsel reasonably acceptable to City, from and against any and all loss, IiabiliTy,damage, claim, cost,
expense(inc(uding reasonable attomey fees,court and litiga[ion costs,and fees of expert wimesses)which resu(ts or
arises in any way from Ihe noncompliance by Contractor of any applicable bcal, state and/or federal law, incWding,
without limita[ion,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 Contractor shall bear all risks of payment or non-payment of
state prevailing wages. The foregoing indemnity shall survive termination of tl e contract and shall continue after
comp(etion and acceptance of the work.
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5-3.5 Apprentices and Fair Employment Practices
Attention is directed to the provisions in Section 1777.5 and 1777.6,Division 2,Part 4.5 and Division 3,Chapter 4 of
the Califomia Labor Code conceming fair employment practices and the employment ofapprentices by the Contractor
or any sub-contractor under him. The Contractor and any sub-conhactor under him shall comply with the requirements
of said sections in the employment of apprentices,and fair employment practices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the
Director of IndusVial Relations,Ex-o cio the Administrator of Apprenticeshiq San Francisco, Califomia, or from
the Division of Apprenticeship Standards or its branch oFfices.
5-4 LIABILITY INSURANCE
Conhactor shall procure and main[ain for the duration of this Agreement 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 tha[work by the ConVacror,his agen[s,representatives,employees or subcontractors.
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liabiliry coverage(occurrence Form CG 00 Ol).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability,code I (any auto).
3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance.
Conlractor shall maintain limits no less than:
1. General Liability:2,OOQ000 per ocwrrence for bodily injury, personal injury and
property damage. If Commercial Genera( LiabiliTy
insurance or other fomi with a general ag egate limit is
used, either the general aggregate limit shall apply
sepazately to this projectllocation or the general aggregate
limit shall be twice Ihe required occurrence limit.
2. Automobile Liability: I,OOQ000 per accident for bodily injury and property damage.
3. Workers' Compensa[ion: As required by the State of Califomia.
4. Employer's LiabiliTy: 1,000,000 per accident for bodily injury or disease.
My deductibles or self-insured retentions must be declared to and approved by Ihe City. At the option of the City,
either.the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its officers,
officials and employees; or the Conhactor shall provide a financial guazantee sadsfactory to the City guaranteeing
payment of losses and related investigations,claim administration,and defense expenses.
Each policy of general IiabiliTy and automotive ]iabiliry insurance shall con[aiq or be endorsed to contain, the
following provisions:
1. The CiTy, its officers, of5cials, agen[s and employees are to be covered as addi6onal insureds with respect to
liability arising out of automobi(es owned, leased, hired or borrowed by or on behalf of the Conhactor; and with
respect to liability arising out of work or operations perfomied by or on behalf of the Contractoy including materials,
parts or equipment fumished in connection with such work or operations. General Liability coverage shall be provided
in the form of an Additional Insured Endorsement(Insurance Services Office,Ina Form CG 20 10 11 85 or such other
form as may be acceptable to the City)to the Con[ractor's insurance policy,or as a separate owner's policy.
2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects
the CiTy, its officers, officials and employees. Any insurance or self-insurance maintained by the City, its officers,
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o cials and employees shall be excess of the ConVacto2s insurance and shall not contribu[e with it.
3. Each insurance policy required by this clause shall be endorsed[o state[hat coverage shall not be canceled by either
party,except after thirty(30)days'prior written notice has been provided to the City
The Con[ractor shall fumish the City with original certificates of insurance and endorsements effecting coverage
required by this clause. The endorsements should be on foans acceptable to City. All certificates and endorsements
are to be received and approved by the City before work commences. However, failure to do so shall not operate as
a waiver of these insurance requirements. The Ciry reserves [he right to require complete, certi£ed copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications at any
time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent
line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better
by the latest edition of BesPs Key Rating Guide.
Contractor shall immedia[ely notify the City if any required insurance lapses or is otherwise modified and cease
perfocmance of this Agreement unless otherwise directed by the CiTy. In such a case,[he City may procure insurance
or self-insure the risk and charge Con[rac[or for such wsts and any and all damages resulting therefrom, by way of
set-off from any sums owed Contractor.
Contractor hereby agrees to waive submgation which any insurer of the Contractor may acqu'ue from the Contractor
by virtue of the payment of any loss. The Conhactor agrees to obtain any endorsemen[that may be necessary to effect
this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CiTy for all work
performed by the Contractor,its employees,agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meefing all of the requirements
stated herein.
5-9 PUBLIC SAFETY
The Contractor shall have at the worksite copies of sui[able extracts of the most current edition of the Califomia
Occupationa(SafeTy and Health Act as superseded by Federal Occupational Safety and Health Act. The Contractor
shal(comply with provisions of these and all other applicable laws,ordinances and regulations.
SECTION 6-PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Cons[ruction Schedule
Prior to the commencement of constructioq arzangements will be made for a meeting behveen the Conhactor and
the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this
contract,review scheduling,diswss wnsVuction me[hods a d clarify inspection procedures. The Contractor shall
submit at this meeting,for approval by the Engineer,the schedule required in the Standard Specificafions showing
the number of calendar days required to complete the project.The contractor shall conform to the following
schedules:
Schedule 1 (Overall Progress):
The contrac[or shall submi[to [he Engineer for review and approval iGs initial progress schedule with the required
notice specifying the commencement of work date at least five(5)working days prior to starting work,as provided in
the conhact agreement.The schedule shall be in sufficient detail to show each road,the major items of work on that
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road,and the estimated starting and complefion dates for the project.The schedule shall reflect completion of all work
under the coniract within specified time and in accordance with these requirements. The said schedule shall be the
basis fo all schedule planning for the contrector and the CiTy. The City reserves the right to delete any of the
locations and/or add new locations.
If the con[ractor desires to make a change in the method of operations after commencing constructioq it shall submit
to the Engineer for approval, a revised schedule in advance of beginning revised operations.If the schedule fails to
reflect actual progress,the conhactor shall submit a revised schedule within[wo(2)working days after written request
by Ihe Engineer.
Schedule 2(work week):
By 9:00 a.m.on Wednesday of each week of the contract,Ihe contractor shall submit to the Engineer for review and
approval,a written schedule for the following work week.The schedule shall clearly and accurately denote the items
of work to be in progress and the]ocations for each item of work. Changes or revisions in the scheduled work shall
immediately be relayed to the Engineer and individuals shown in"Cooperation and Collateral Work."
Schedule 3 (Curb Cuts-Access Itamps):
Residents and pedestrians along the affected intersections will be able to have safe access to and from their destinations
at all times.Failure of the conhactor to submit a satisfactory schedule will result in suspension of the work,but not
he working days which will continue to be charged against the contract time, until the required schedules are
submitted,approved by the Engineer,and stated notification period(i.e.,five(5)working days and/or two(2)working
days)has elapsed with no subsequent adjustmen[in contract time or compensatioa In addition,no progress payments
will be authorized or made for any work until the satisfactory schedules have been submitted and approved by the
Engineer.The contracror must strictly adhere to the agreed upon schedule.
The Construction Schedule must be submitted to Ihe Ciry for review and approval at the Pre-Construction Meeting.
The Conhacror cannot start any work until the construction schedule has been accep[ed by[he City. The constmction
schedule must be prepared using Critical Path Method (CP and shall be revised and resubmitted if the schedule
fails to reflect the actual progress.
6-11 Commence of the Work
The Conhact Time shall commence upon the project starf date identified in the Notice to Proceed issued to the
Contractoc The Contractor shall not begin any constmction on [his project prior to [his date, unless explicitly
authorized by the Engineer. Work on non-conshuction items such as Traffic Con[rol Plans, CMS signs placement,
and Public No[ifica[ion may begin before the date iden[ified in the Notice to Proceed,if approved by the Engineer.
The Conhactor shall begin the Work within 10 days of the date stipulated in tk e Notice to Proceed and shall diligently
prosecute the Contract to completion within the time limit provided in the Contract. Failure to begin work on the project
within 10 days after the Notice to Proceed date may be wnsidered as grounds for termination of the contract due to
conhactor breach as described in Secfion 6A,Termination for Breach.
Work shall not commence prior to approval of a Baseline Conshuction Schedule by the Engineec The Contractor's
failure to submi[an acceptable Construction Schedule prior to the project start date identified in the No[ice to Proceed
shall not entitle him to an eactension of time or additional working days.
The Conhactor shall nofify the Agency Representative of his intent ro begin work at least lwo(2)working days prior to
the start of any scheduled or rescheduled work.
6-1.3 Scheduling Restrictions and Constructiou Requirements
The following scheduling restrictions and construction requ'vements shall apply m the Baseline Schedule, all revised
schedules and for construction of the project throughout the duration of the contract, unless otherwise explicitly
authorized by the Engineer.
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a) Working Hours shall be per Section 63.3,Working Hours and Lane Requirements.
b) Contractor shal]mt leave open henches over the weekend,including slot cuts.
c)Contractor shall restore pedestrian access by the weekend,or provided temporary asphal[ramp over the
weekend.
d) Contractor shall complete all concre[e work prior to starting any asphalt concrete paving operations.
e) When performing asphalt concrete paving operations,Contractor shall schedule all work for any street on
day including intersections. The Contracror shall not be allowed to pave any roadway without having
scheduled to complete on the same work day.
The Contractor shall not schedule any work on residential sheets on the same day as refuse collection,
without prior approval by the Engineer. I[shall be[he sole responsibility of the Contrac[or to research what
day refuse collection occurs. The Convactor shall be responsible for coordinafing with the refuse collection
contractor and shall schedule accordingly.
g) The construction schedule shall allow residents along the affected streets ample'bn slreet"parking within
500 feet distance from their homes. For this purpose,adjacent sheets shall not be scheduled for the same
day,without explicit approva(from the Ciry.
h) The City reserves the right to make changes to the schedule and re-prioritize the lacations or Streets
as desired. In addiNon,the contractor shall wordinate and provide a time window for the utility
owners for emergency repair,if needed. No additional compensation will be allowed.
6-1.4 Public Works Inspection Outline
The City of Orange requires inspection at the minimum,but not limi[ed to,the following outline.
I. Required Inspections
A. Curb and gutter,sidewalk,aprons,curb retums and cross gutters
B. Subgrade,rock grade and paving(in street areas)
C. Backfill of all uti]iTy trenches in the public right-of-way,easements and private streets
II. Conformance with tl e Approved Traffic Conho(and Traffic Safety Plan
Inspections and requirements for each of these areas are explained below.
If any work requiring inspection is covered or conceafed by additional work without first having been inspected,
the Constmction Inspector shall require,by written notice,that such work be exposed for examination.
A.. Curb and gutteq sidewalk,aproq curb re[um and cross gutter
I. Subgrade
a. Prior to placement of concrete
2. Forms
3. Placement of concrete
4. Copies of all concrete tickets
B. Subgrade,rock grade and paving
1. Compaction
a. Subgrade: 90%R.C.
6. Rock grade:95%R.C.
2. Compliance with plan grade and depth
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3. Prime and tack
4. Headers,if required
5. Placement of asphalt concrete
6. Copies of all aggregate base and asphalt concrete tickets
C. Backfil(of all uNIiTy trenches in the public right-of-way,easements and private sheets
D. Traffic Signal InspecHon
All haffic signal installations are to be inspected by the Tra c Engineering Division. Requests for inspection
shall be made at least 48 hours in advance of the actual time work is to be performed. The Contractor shall be
responsible for notifying the Traffic Engineering Division when such work is ready for inspectioa Should work
be covered without inspection or approval,it shall,if so ordered be uncovered at the Conhactor's expense.
At all times the work site shall be open and accessible to an inspection by a duly authorized representative of
the City of Orange Traffic Engineer or Opera6ons Manager.
G. Signing and Striping
1. Layout
2. Application
3. RPM Installation
6-2 PROSECUTION OF WORK
To minimize public inconvenience and possible hazard,restore street and other work areas to their original condition
as soon as practicable, and allow for cooperative work by the Ciry, the Contractor shall prosecute the work to
completion without break or interrup[ion,achieving at leut 50%of the average daily production except for conditions
defined in Subsection 6-6-1. If as determined by[he Engineer,the Contractor fails to prosecute the work to the e#ent
that the above pueposes are not being accomplished,the Contractor shall,upon orders from the Engineey immediately
take steps necessary to fulfy accomplish said purposes. All costs of prosecuting the work as described herein shall be
induded in the Conhactor's bid. Should the Contractor fail [o [ake the necessary steps to fully accomplish said
purposes, after orders from the Engineer to do so,the Engineer may suspend the work in whole or in part, unfil the
Conhactor takes said s[eps, or may pursue altemate means of seeking compliance. In addition, Ihe Conhactor is
required to adhere to the following requirements:
A. Sidewalk Access Iiamp Types:
Contraaor shall verify with the Ciry Engineer for the type of each ramp per CiTy Standard Plan No. 121.Pedestrian
path oftravel shal]be maintained throughout conshvction.The contractor shall install a traffic detour route for vehicles
and pedestrians as required[o provide a safe path of havel around the construc[ion wce.
B. Saw Cutting:
If there are locations where the landing is to be saw cut prior ro curb cut and camp installation,the saw cut work shall
be performed no more than five(5)calendar days prior to placement of the PCC.
C. PCC Remova(and Replacement
Sections of the concrete that have been removed shall not be lefr open over the weekend or any City observed
holidays. All open areas must be poured back by Friday of each working week.
D. De[ectable Warning Surface(Tnmcated Domes)shall be installed per manufacture recommendation curing
time after concrete pour, and no later than 21 ca(endar days. I[ is highly recommended that the contractor perform
marmfacmre£eld training prior to installation of detectable waming surface.
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E. Grading:
All required grading necessary to meet ramp gades shal] be completed at the time of forming the ramp. Irrigation
shall be restored within 48 hours.Landscape resroration can be performed at the agreed upon schedule.
b-3 TIME OF COMPLETION
Once the date of contract is established by[he Successor Agency,the Contractor shall shictly adhere ro the time of
completion in calendar days set forth in the proposal and any legal eactensions granted thereto by[he Successor
Agency in accordance with the terms of the specifications. He shall keep his own record of number of calendar days
originally specified in the proposal and the number of days remaining in the contract time.
6-3.3 WORKINC DAY
Normal working hours are from 7:00 A.M.to 4:00 P.M.for loca(streets and from 8:30 A.M.to 3:30 P.M.for arterial
streets.The City reserves the right to modify the working hours staR a[8:30 AM to 330 PM if[he lane cbsure and
detour plans are not to the Traffic Engineer's satisfactioa No additional compensation will be allowed.Working days
shall be limited to Monday tluough Friday,excluding al I City observed holidays,and no work will be permitted outside
normal working hours except under extraordinary circumstances and with prior approval of the Ciry Engineer.
6-4.2 Extension of Time
In the event the work called for under the conhact is not finished and completed in all parts and requirements within
the time specified,the City Council shall have the right to increase the number of calendar days for completion or not,
as may seem best to serve the interes[of the City.
Except for the delays beyond Conhactor's conhol as described in Sections 6-4.1 and 402-5, the Ciry shall have the
right to chazge the Contractoq his heirs,assigns or sureties and to deduct from the final payment for the work,all or
any par[, as it may deem proper, of the actual cost of engineering, inspecfioq superintendence and other overhead
expenses which are directty chargeab(e ro the Contracror and which accrued during the period of such e c[ensions
except that the cost of the final services and preparation of the final es[ima[es shall not be included in such chazges.
In addition to the above charges, Contractor shall pay to the Successor Agency liquidated damages as specified in
Section 6-9 for such delays.
No eactension of[ime for the completion of the work called for under the contract shall be allowed unless at least
hventy(20)days prior to the time fixed for the completion thereof,or the time fixed by the Successor Agency Board
of Directors or its designee for such completion as extended, Contractor shall have filed application for ex[ension
thereof,in writing,with the Engineer.
6-9 Liquidated Damages
For each consewtive calendar day in excess of the time specified,as adjusted in accordance with Subsec6on 6-6,for
the completion of the work the Contracror shall pay to the City,or have wi[hheld monies due it,,[he sum of$500 per
day.
For each consecutive calendar day in excess of[he time specified,as adjusted in accordance with Subsecfion 6-6,for
completion of the work and submission of all paperwork forty£ve(45)calendar days after Notice of Completion,the
Conhactor shall pay to the City or have withheld from monies due it,the sum of$250 per day. The submission of
all paperwork includes bu[ not limited to Certified Payroll Records, Final Report Utilization of DBE, Final
Compaction Report, Copies of Recorded Centerline Ties with the County Surveyor's office, Record drawings (As-
built),Material Disposal/Recycle Form,and Executed Final Conhact Change Ordeq and any necessary documen[s to
close-outthe project.
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SECTION 7-MEASUREMENT & PAYMENT
7-2.1 FINAL PAY QUANTITY
When an item of work is designated as a final pay quantity in[he Method of Measurement, or Basis of Payment,or
Bid Schedule as (F), [he estimated bid quantiry for that item of work shal] be the final pay quantity, unless the
dimensions of any portion or the quantity of that item aze revised by the Engineer,or the item or any portion of the
item is eliminated.If the dimensions of any portion or the quantiry of the item are revised,and the revision results in
an increase or decrease in the esdmated quantiTy of that item of work,the final pay quantiTy for the item will be revised
in the amount represented by the changes in the dimensions or[he quan[ity. The Contract Unit Price adjustment will
be per Section 7-3.5 Contract Unit Price.
If a final pay item is eliminated,the estimated quantiTy for the item will be eliminated. If a portion of a finaf pay item
is eliminated,the final pay quantity will be revised in the amount represented by the eliminated portion of the item of
work. The estimated quantiTy for each item of work designated as a final pay quantity in the Method of Measurement
or Basis of Payment or Bid Schedule shall be considered as approximate only, and no guarantee is made that the
quantity which can be determined by computations, based on the details and dimensions shown on the plans, will
equal the estimated quantity. No adjushnent will be made in the event that the quantity based on computations does
not equal the estimated quantity except under the following conditions:In case of discrepancy between the quantity
shown in the Bid Schedule for a final pay item and the quan[ity or summation of quantities for[he same i[em shown
on the plans or in the proposal,payment will be based on the quantity shown in the Bid Schedule.
7-3.2 Partial and Final Payment
Partial payments,except the final payment, shall not be made for periods of less than one mon[h. To claim a partial
paymen[on the amount due or the£nal payment itself,the Contractor shall obtain approval of ineasuremen[of quantiTy
of work completed from the City inspector and shall prepare an imoice showing bid items,unit bid price, quantiTy
completed,quantity previously paid,rotal quantity as of the date of invoice,amount claimed in the invoice,previous
payment,amount to be re[ained,and the conhact amount unless satisfactory substimtion as permitted by[he provisions
of this section aze provided by the Contractor,the amount to be retained by the City shall be 5%of the work completed
as of the date of the payment request. The imoice shal]be submitted to the Project Manager,payments are made by
the Finance Department the following week in which they are approved.
After completion of the conVact,the City Council shall, upon recommendation of the Engineeq accep[Ihe work as
completed and authorize the final payment.
The fina( payment shall be [he entire sum found to be due [he Contractor after deduc[ing there from all previous
payments and all amoun[s to be kept and all amounts to be retained under the provisions of the conhact. All prior
partial estimates and payments shall be subject to correction in the final estimate and payment.
The final payment of the retention amount to the Contractor shall be made thirty-five(35)days from the date of the
recording of the Notice oFCompletion of the work after it is accepted by the City and shall be made on a dufy ceRified
voucher therefore,except as State Law may permit Contractor to receive said final payment prior to said thirty-five
35)day period after acceptance of work by City.
It is mutually agreed among the parties to the conkact that no certificate given or payment made under the contract,
except the final certificate of final payment, shall be concWsive evidence of fu(1 or substantial perFormance of this
conhact;no payment shall be cons[rued to be an acceptance of any defective work or improper material.
Unless a writte no[ice of protest disagreeing with the approved final payment and a notice of intentions of additional
claims is filed with the Engineer prior to accep[ance of[he approved final payment,the acceptance of[he final payment
by the Contractor shall release the City, the City Council, and the Engineer from any and all claims or(iabilifies on
account of work pedormed by the Conhactor under the contrac[or any alterations thereof.
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The contractor or subwntractor shall not discriminate on the basis of race, color, national origin, or sex in the
perfocmance of this wntract The contractor shall carry out applicab(e requ'vements of 49 CFR Part 26 in the award
and administration of DOT-assisted contracts. Failure by the conVactor to carry out these requirements is a mate ial
breach of this contract,which may result in the termination of this contract or such other remedy as recipient deems
appropria[e.
PROMPTPROGRESSPAYMENTTOSUBCONTRACTORS
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receip[ of each progress
payment in accordance with [he provision in Section 7108.5 of [he Califomia Business and Professions Code
conceming prompt payment to subcontractors. The 10 days is applicable unless a longerperiod is agreed to in writing.
My delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior
written approval. My violation of Section 7108.5 shall subject the violating contractor or subcontractor to the
penalties,sanction and other remedies of that section. This requirement shall not be conshved to limit or impair any
contrac[ual,adminis[rative,orjudicial remedies otherwise available to[he contractor or subcontractor in[he event of
a dispute involving late payment or nonpayment by the prime contractoy deficient subrontract performance, or
noncompliance by a subcontractor.
The agency shall hold retainage from the prime conhactor and shall make prompt and regu(ar incrementaf acceptances
of portions, as determined by the agency, of the conhact work, and pay retainage to the prime contractor based on
these acceptances. The prime contractor, o subconhactor, shall return all monies withheld in retention from a
subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including
incremental acceptances of portions of the contract work by the agency. Federal law(49CFR2629)requires that any
delay or postponement of payment over 30 days may take place onty for good cause and with the agency's prior
written approval. Any violation of this provision shall subjeM the violating prime contractor or subcontractor to the
penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These
requirements shall not be construed to limi[or impair any contractual, adminishative,or judicial remedies otherwise
available to the prime wntractor or subcontractor in[he event of a dispute involving late payment or nonpayment by
the prime contractor, deficient subcontract perFormance,or noncompliance by a subconVactoc This clause applies
to both DBE and non DBE subcontractors
7-3.2.1 Substitution oPSecurities for Reteution
In lieu of the City's retaining a portion of progress payments due a conhacror, the conhactor may elect to deposit
qvalifying securities equivalent ro the amount to be held. Upon such deposit under an escrow agreement, the funds
must be released.The Califomia Public Contract Code specifies the exact form of escrow ageement(Contract Code
Sec[ion 2230Q Subdivision E).
7-3.3 Delivered Materials
Materials delivered, but not in place, will not be classed as work done, except as otherwise provided in the
specifications.
7-3.4 Mobilization
Mobilization shall include the cos[s incurred by the Contractor for providing bonds, insurance, permits and licenses
as required; initial move-in costs of labor, equipment tools, materials and incidentals; all subsequent move-in and
move-out costs for conshvction of the different items of work required by either the Contracror's operations or due to
the coordinafion required by the Contractor with subconhactors,utility agency work,or unforeseen delays described
in Secrion 6-6.1 beyond the control of both ffie Contractor and the City; and all the preparatory work and operations
for which no separate bid item is provided in the proposal.
Payment for mobilization shall be made either at the Wmp sum price bid for mobilization or at the fixed price provided
in the proposal by the City. A payment in the amount of 80%of the mobilization item shal]be included in the first
partial paymen[and the remaining 20%shall be included in the final payment, except as otherwise stated in Section
9-32.
SP-25
Payment for MOBILIZATION shall be considered to be included in the various items of work if no separate bid item
for mobilization is provided for in[he proposal.
7-3.5 Contract Unit Prices
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not imolve a
substantial change in character of the work from that shown on the Plans or included in the Specification, then an
adjus[ment in payment will be made.This adjustment will be based upon the increase or decrease in quanfity and the
ConVac[or Unit Price.
In the case of such an increase or decrease in a Major Bid Item,d e use of this basis for the adjustment of payment
wil(be limited to that por[ion of the change,which together with all previous changes to that item,is not in excess of
25 percent of the rotal cost of such item based on the original quantity and Contract Unit Price.Adjustment in excess
of 25 percent may be done by eactension of Contract Unit Prices as described above,or pursuant to Section 7-3.5.3.
A Major Bid Item is identified as a Bid Item that has a total cost of$50,000 minimum or 10%of the Total Contract
Cost whichever is greater.
If a change is ordered in an item of work covered by a Contract Unit Price,and such change does involve a substantial
change in chazacter of the work from tha[shown on the Plans or included in the Specifications,an adjustment will be
made in accordance wi[h Section 7-3.5.3.
Should any Contract item be deleted in its entirety, payment will be made only for actual costs incutted prior to
notification of such deletion.
The City of Orange reserves the right to delete and/or add any ramps,as desired. All the work performed shall
be measured and paid at the coutract unit price bid in the proposal. No additional compensation shall be
allowed for deleting and/or adding any ramps.
7-4.1 Extra Work: General
If the City and the Contractor cannot reach an agreement to es[ablish an agreed lump sum price or sfipulated unit
prices, the City reserves the right to direct the Contractor to pedorm such work using an acceptable substimte
subcontractoc The City may order[he Contractor to obtain bids from ttvee or more subcontractors to perform such
work. Upon written approval of a subcontractor selected by Ihe Engineer,the Contractor shall enter into a subconhact
with such subcontractor to pedorm such work. All the Conhactor's mazkups shall be in accordance with the provisions
of Seciion 7-4.3.
The eacha work as defined in this secfion of Standazd Specifications,and any work done beyond the lines and grades
shown on the plans, shall only be perFormed when ordered in writing by the Engineec In absence of such written
order,any such work shall be considered unauthorized and will no[be paid for. Work so done may be ordered removed
at the Con[ractor's expense.
7-4.2 Basis for Establishing Labor Costs
The cost of labor shall be the actual cost for wages of workers performing the extra work based on basic hourly rate
plus fringe benefits paid in acwrdance with the certified payroll statements,plus a labor surchazge of twenty(20%)
percent. This Iabor surchazge shall be considered to indude employer payment of payroll taxes, worker's
compensation insurance,IiabiliTy insurance,social security,Medicare,Federal and State unemployment,and the State
training tases. All other compensation to the Conhactor for labor on eactra work shall be considered included in the
fteen(15%)percen[markup for overhead and profits as amended in Section 7-4.3.
SP-26
7-4.2.3 Tool and Equipment Reotal
When the rental rate of equipment incWdes an operator, the work performed by such rented equipment shall be
considered subconhacted work and compensation shal]be made to the prime contracror pursuant to Sec[ion 7-4.3.2.
Any owned equipment rate shal(be determined by Caltrans Equipment Rate latest edition.
7-4.3 Markup
7-4.31 Work by Contractor
A combined single mark up of 15%shall be a(]owed for labor,material, equipment rental, bonding,and other items
and expenditures and shall constitute for all overhead and profit.
7-4.3.2 Work by Subcontractor
When any of the extra work is performed by a subwntractor,the mazkup established in Section 7-4.3.1 shall be applied
to the subcontractor's costs as determined under Section 7-4.2. Contractor is allowed to markup 5%to the sum of the
subcontractor's costs and markup for all overhead and profi[for the contractor on work by the existing subcontractor.
Contractor can markup 10%ro the sum of the subconhactor's costs and markup for all bonding, overhead,and profit
for the conhactor on work by a new subcontracror.
SECTION 8-FACILITIES FOR AGENCY PERSONNEL
Provisions of this section do not appty unless otherwise provided in Special Provisions.
PART 2
CONSTRUCTION MATERIALS
SECTION 200 -ROCK MATERIALS
The altemate rock products Type S as specified in Part 4 of the Standard Specifications for asphalt concrete,Portland
Cement Concrete, and untreated base material with the latest revisions specified in OCRDMD Standard Plans 1804
and 1805 shall be used.
SECTION 201 - CONCRETE,MORTAR AND RELATED MATERIALS
201-11.2 Concrete Specified by Class and Alternate Class
All references to the number of sacks of PoRland Cement per cubic yard of concrete which aze made on the Standard
Plans shall be deleted. Portland Cement shall be measured in pounds per cubic yard of concrete in accordance with the
classes speciSed in this section.
Ihe access ramps shall be constructed with a minimum class 520-C-2500 concrere.Contractor must submit Mix design
prior to start of work.
Concrete for driveways, curb, curb and gutter adjacent to driveways,and sidewalk within the driveways shall be high
eazly shength(7 sack or higher)wncrete mix with Class C gradatioa The high early shength concrete mix shall obtain
a compressive strength of 2,500 psi in 24 hours. Contractor shall submit mix design ro the Engineer at least 2 weeks
prior to placing any concrete.
SP-27
201-4 CONCRETE CURING MATERIALS
201-41MEMBRANE CURING COMPOUNDS
201-4.1.1 GENERAL
Concrete curing compound shall be Type 2.
SECTION 203 -BITiJMINOUS MATERIALS
203-6 ASPHALT CONCRETE
Section 400-4.1 of"City of Orange Standazd Plans and Specifications" and Section 203-6 of these additions shall
apply.
Asphalt Concrete shall conform to Section 203-6 of the Standard Specifications. Asphalt Concrete Densely Base
Course shall be an asphalt concrete mix design of Type III B2 PG 64-]0(3/4"sieve size),per Secdon 400-4.1 of the
City of Orange Standard Plans and Specifica[ions.
Conshvction of Asphalt Concrete Overlay and Densely Base Course shal]be in accordance with Subsections 203-6,
Asphalt Concrete,"and 302-5"Asphalt Concrete Pavement."of the latest Standazd Specifications.
A. The overall asphalt concrete thickness,as described in Section 6-2.1 Construction Phasing,shall be
placed in hvo courses.
B. The asphalt concrete base course shall be Type III B2 PG 64-10(3/4"sieve size).
C. The surface course shall be Type III C3 PG 64-10 and shall mt be less than 2"thick.
D. The contact surfaces of all cold pavementjoints,curbs,gutters,etc.shall be painted with Grade SS-
lh emulsified asphalt immediately before[he adjoining A.C.pavement is placed.
E. Finished surface of the new pavement shal( be flush with the existing asphalt concrete pavement
and shall be 3/8"higher than the lip of cross-gutters.
SECTION 2ll -MATERIAL TESTS
211-1 COMPAGTION TESTS
211-11 Laboratory Maximum Density
Method 2: Wherever relative Compaction is specified to be determined by Test Method No. Calif. 216,the relative
Compaction will be determined by Test Method No. Cali£216 or 231 (A. S.T.M D2922,Method B). The area, as
stated in Test Method No. Calif.231,may be represented by one or more individuaf test sites.
Laboratory Mazimum Density tests shall be per Method 2 of Section 211-L l. The correction for oversize material as
stated in Test Method No.Cali£216 shall be replaced with Note 2 of A.S.T.M.D 1557.
SECTION 218 -ELECTRICAL COMPONENTS
Where applicable,Southem Califomia Edison Company Standazd Specifications and Standard Plans shall also
apply.
PART 3
SP-28
CONSTRUCTION METHODS
SECTION 300-EARTHWORK
300-1 CLEARING AND GRUBBING
In addition to the items specified in the Standard Specifications as shown on the plans,the following items shall be
considered included in clearing and grubbing:
1) Removal items shall include, but not be limited ro all sawcutting asphalt concrete pavement with petromat if
any,landscaping,signage,curb and gutter,sidewalk,access ramps,dmeways,miscellaneous concrete,etc.as
necessary to complete the work and as shown on the plans.
2) Protection i[ems shall include,but not be limited tq ewsting adjacent curb and gutter,power poles,sidewalks,
walls, fences, trees and irrigation improvemenis, shrubs, A.C. pavement, utiliry facilides, wncrete, paver
crosswalk,concrete band,eta The Contracror shall proteM all street trees in place and contact the City
Tree Services Coordinator at (714) 532-647D when tree roots are exposed by curb and gutter and
sidewalk removal.
3) Grading to match existing ground wi[hin rightof-way shall have a masimum slope of 41 and all such graded
azeas shall be resrored to e sting condirioa All existing grass areas shall be replanted in kind with grass seed
and lawn toppec All landscaped areas that have plants trimmed to be removed and replanted,and any tree root
trimming required for improvemeny shal]be done ro the saHsfaction of the Engineer.
4) E s[ing natural ground, A.C, and P.C.C. surfaces adjacent ro the construc[ion areas shall be sawcut and
removed,re-graded and replaced,as necessary to maintain a smooth transition between existing and proposed
improvemen[s,as directed by the Engineer.
5) Cleuing and grubbing for curb&gutter and sidewalk shall include removal of all hee roo[s in excess of one-
half inch diameter to minimum depth of six inches(6")below sidewalk subgrade,eighteen(18)inches below
curb and gutter subgrade, and four(4) inches beltind curb and gutter prior to placing concrMe(curb grading
required due[o horiwntal curb cut).ImpoRed backfill shall be placed and compacted to fill the voids crea[ed
when roots are removed.
6) Additional removal and replacements as the result of the Contractor's conshvcHon operations anNor as
necessary to wnform to CiTy of Orange construcHon standards shall be considered as miscellaneous clearing
and grubbing and no additional compensation shall be allowed.
7) Coordination with all UtiliTy company work related to the project inc(uding below grade remova(s,adjushnents,
etc,shall be induded in[he(ump sum price for clearing and grubbing.
8) Relocation work to be done "by others" such as water meters, fve hydrants, gas meters, etc, which requires
certain improvemenls performed by the Contractor prior to [he rebcations shall be coordinated by the
Contractor with the respective ovmers providing them with a window of time to perform the relocations.
9) At the completion of[he work,the Contractor shall remove al]USA mazkings within the project limits.
10) The Conhacror shall imestigate the location of irrigation lines and sprinklers during the bidding process. All
costs to protect in place,or relocate as necessary ro conshvct improvements shall be included in[he Wmp sum
price for clearing and grubbing. Sprinkler systems to be relocated or brought to grade shall mt be out of service
for more than 48 hours. No addirional or separate payment will be made for sprinkler modifications,relocation,
or installation.
11) The Contractor shall investigate the location of sign monuments,sheet signs,and mail boxes during the bidding
process. All cosks to pmtect in place,or relocate as necessary ro construct improvements shall be included in
Ihe lump sum price for clearing and vbbing.
SP-29
12) Removal of trees shall include[he grinding and removal of tree stumps and roo[ball
13) Eacisting natural ground and P.C.C.surfaces adjacent to the construcfion azeas shall be regraded or saw-cut,as
d'vected by the Engineer, and removed and replaced as necessary to maintain a smooth tmnsition behveen
existing and proposed improvemen[s that have elevation differences geater than one-half(1/2")inch.
14) Contracror shall be responsible for the relocation of any curb dreins within the proposed ramp limit.
Unless a separate bid item is provided in the Proposal Schedule,no additional compensaHon shal(be allowed for all the
above items and the payment shall be included in ffie conhact bid price forthe various items ofwork that require necessary
clearing and grubbing and removals.
300-1.3 Removal and Disposal of Materials
300-1.31.1 Materials Disposal
The City of Orange strongly encourages the Conhactor to recycle al(the removed bituminous pavement and concrete
material. The disposal of unsuitable material such as wncrete, reinforced concrete, and asphalt concrete must be
disposed offsite legally and tracked by conVactor.
The Contractor shall obtain weigh[tickets from the disposal site or material plant and submit all the tickets to the City
with the monthly progess payment request.
The progress payment will not be processed until evidence documenting all the bituminous and concrete materia(s
removed and disposed offsite are provided ro the CiTy.
300d.3.2(a) Saw Cu[ting
Saw cutting of edges of bituminous pavement to be joined shall be required prior to final repair, unless directed
otherwise by the Engineer.
Limits of all concrete and asphalt pavement surfacing improvemen[s shall be sawcut to a minimum depth of four(4)
inches with a power driver saw before removing or breaking of existing improvements.
Saw cutting for curb ramp construction shall include both horizontal and vertical sawwts as required to complete the
work as shown on the plans and as directed by the Engineer.
All removed materials shall be properly disposed of outside of the rightof-way by the end of each work day. No
materials shall be placed or stored in the parkway. The roadway and adjacent areas shall be left with a neat and
finished appearance.
300-1.3.2(b) Curb and Gutter
No section of curb and gutter to be replaced shall be less [han 72 inches, measured parallel to [he flow line. If
construction joints, score lines or Gactures are present within 72 inches of the proposed removal area, measured
parallel to the flow line, removats shall be extended to the neazest score line or joint, or to the nearest score line or
joint beyond the fractured area.
Removal of improvements covered by this section shall include sawcutting and removal of a twelve(12")inch wide
section of the adjacent bituminous pavement. Replacement of said pavement shall be full depth in-kind.
Sidewalk shall be saw cu[along and removed at the nearest scoring line or joint for Ihe full width of sidewalk. No
secfion of driveway to be removed or replaced shall be less than 6 feet in wid[h.No additional compensation shal(be
allowed for all removal,and disposals of the above items and the payment shall be included in the bid item provided for
clearing and grubbing.
SP-30
300d.3.2(c) Tree Roots
Clearing and grubbing for sidewalk shall include removal of all lree roots in excess of one-half(12mm)inch diameter
to minimum depth of six(150 mm) inches below sidewalk subgrade prior to placing concrete. Prior to removal of
tree roots in excess of 3(72 mml inches in diameter,the Citv Tree Services Coordinator will be contacted to determine
need for removal. Should [he arborist detevnine that root removal would imuair the health or structural sta6iliN of
the[ree.the contractor will allow sufficient time for removal of the tree bv the CiN. Imported backfill shall be placed
and compacted to filf any voids created when roots are removed.
300-1.4 Payment
No separate bid item is provided for clearing and grubbing and the payment shall be considered in the bid item for
removal of specified items of work.
Payment for tree removal shafl be considered as included in the various bid items and shall be full compensa[ion for
all clearing and removals necessary for conshvction of the project including disposal, stump grinding of roots,
backfilling and compac[ion of subgrade to design grade elevation.
Payment for SAWCi11'as shown on the projec[plans shall be incWded in the various bid item unit prices where the
work is required and shall include all labor tools,equipmen[and materials requ'ved to complete the work. No addifional
compensation will there be allowed therefore.
300-2 UNCLASSIFIED EXCAVATION
300-2.1 General
In addition ro those items specified in Section 300-2.1, unclassified excava[ion shall include all grading, shaping,
excavafion,compac[ing,or consolidating or o[her work that is needed to establish roadway subgrade within the project
area.
No sepaza[e bid i[em is provided for unclassified excavatioq placing and compacting selected local borrow from the cut
azeas to fill azeas where ri-ee roots and unsuitable materials aze removed and tl e payment shall be considered included in
the bid item for Removal and Conshuction of Wheelchair Access Ramps,Driveway/Alley Aprons,Driveways or Cross
Gutters.
No separate bid item is provided for unclassified excavation,placing and compac[ing selec[ed local borrow from the cut
or fill areas for the proposed gade of sidewalk and driveway apron,and the payment shall be considered incWded in the
bid items for conshuction of new sidewalk and driveway/alley apron.
SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
Subgrade preparation shall include cut,£ll and shaping of the subgrade to the proper grade for the placement of asphalt
concrete or base material. Prior to the placement of base ma[erial or base wurse asphalt concrete,the Contractor shall
scarify and moisture condition the upper six inches of subgrade materials and compac[to 95% relative compaction.
Rocks and cobbles wi[hin the subgrade material in excess of 3" diameter shall be removed and disposed of by the
Contractor.
301-1.3 Relative Compaction
In"deep lift"asphalt concrete roadway shuctural sections of thiclmess 9 inches or greater,the top 6 inches of subgrade
material shall be compacted to a relative compaction of 95 percent.
SP-31
301-2 UNTREATED BASE
301-21 General
Counry of Orange—Orange County Public Works(OCPW)Standazd Plan 1804 revisions shall apply.
301-2.4 OntreatedBase—Payment
Payment for subgrade preparation and croshed aggregate base shall be included in the applicable contract unit prices
bid item where the work is required.
SECTION 302-ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
OCPW Standard Plan 1805 revisions shall apply.
302-5.5 Distribution and Spreading
At all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, the
Contractor shal]feather the new pavement to form a smooth transition with the existing pavement. The final or surface
layer of asphalt concrete shall no[be placed untll all on-site improvements have been completed,including all grading.
The Contractor shafl be responsible for maintaining locations of all gate valves during constmction operations. The
Contractor may sa(vage and ufilize all existing caps and sleeves but shall be required to fumish all sleeve eMensions
and replace any lost caps or sleeves.
The self-propelled,mechanical spreading and finishing machine,when placing the surface course,shall be equipped
with an e(ectronically-actuated screed adjusting mechanism which will automatically maintain the required elevations;
a side-mounted eactension azm shall be used to minimize surface undulations longitudinal to the machines travel.
302-5.5.1 Distribution aud Spreading:Leveling Course aud Skiu Patch
Prior to installation of final finished course or asphalt concrete(A.C.)overlays on exis[ing pavement,Contractor shall
cons[ruct asphalt concrete leveling course or skin patch in areas as directed by[he Engineer. Payment for skin patch
and leveling course shall be included in the uni[price bid for asphalt concre[e.
302-5.5.2 Deep Lift Paving
Asphalt wncrete base shall be spread and compacted in layers not to exceed 6 inches in compacted thickness. When
more than one layer of baze course is required, the layers shall be of equal Ihickness. The following shall apply to
spreading:
1.Each layer shall be spread with an approved spreading device which will deposit a unifom layer for a minimum
of one traffic lane width. A motor grader shall no[be used as the spreading device.
2.The minimum temperahve of asphalt concrete for initial or breakdown compaction shal(be 250°F at the site.
3.Initial orbreakdown compaction shall consist ofa minimum ofthree complete coverages ofthe asphalt concrete
and shall be performed with a hvoorthree axle tandem roller weighing not less than 12[ons.
4.The initial or breakdown rolling shal]be immediately followed by a moror grader wiffi additional material to
levelirregulazitiesandprovideauniformsurfaceforsubsequentlayers. AddiGonalrollingshallproceeddirectly
behind the motor graders and shall consist of a minimum of three complete coverages with a pneumatio-tired
roller while the temperature of the asphalt concrete is above I80°F.
SP-32
5.The following layers of asphalt concrete shal]not be spread when the underlying]ayer is above 150°F.
302-5.6 Rolling
Initial or breakdown compaction shall consist of a minimum of three covereges of a]ayer of asphalt mixture. A pass
shall be the movement of a roller in both directions over the same path. A coverage shall be as many passes as are
necessary to cover the entire width being paved. Overlap behveen passes, during any coverage made to insure
compaction withou[displacemen[of material in accordance with good rolling practice,shall be considered to be part
of the coverage being made and not par[ of a subsequent coverage. Each coverage shall be completed before
subsequent coverages are started. Three-wheel rollers shall not be pemiitted and pneumatic rollers shall be used on
lower layers onty. Each lane of the top layer,once commenced,shall be placed without intemption.
SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION
303-1.1 General
The Contractor shall be responsible to oversee the curing of all concrete improvements to prevent graffiti damage or
other unauthorized markings in new concrete surfaces.Any concrete surface deemed unacceptable to the Engineer,shall
be replaced by the Contractor at no cost to the Ciry.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GU"I"I'ERS, SPANDRELS, DRIVEWAYS,
ACCESS RAMPS,AND LOCAL DEPRESSIONS
303-5.1.1 Ceneral
New improvements shal]be cons[rncted to grades indicated on the standazd p(ans and in such a manner as to match the
existing improvements and field wnditions with proper grade to form a safe and smooth riding surface.
The Contractor shall be responsible to aversee the curing of all concrete improvements to prevent graffiti damage
or other unauthorized markings in new concrete surfaces. Any concrete surface deemed unacceptable to the
Eugineeq Shall be replaced by the con[ractor at no cost to the Cily.
Damage to any existing improvements shall be remedied by sawwtting,removal and reconstruction at the Contractor's
expense and ro the satisfaction of the Engineer.Removals,relocations,anNor adjustments not covered by a separate bid
item but necessary for the proposed concrete co struc[ion shall be included in the unit price bid for the various items of
work involved.
The Contractor shall maintain safe access to all residences and business establishments at all times tivoughout [he
duraHon of the contract.The only permitted interruption to access will be during placement of concrete.No residence or
establishment shall be denied access more than 4 hours at a time. Contractor shall install steel plates after finishing the
concrete,to provide access during the cure period.The Conhactor shall pour new P.C.C.improvements in such a fashion
as no[to interrupt the access to residential driveways or parking lots near thejob site.Should a driveway be excavated at
he end of a workday, the Contracror shall provide a temporary access ramp to residences/businesses. The[emporary
access ramp shall be removed by the Contractor on the following day so that driveway construction can be comple[ed.
Access to home or building over newly placed ramp shall be provided the day following the placement of ramp.New
ramp shall be protected by Contrac[or with the use of materials such as roofing papey plywood,or o[her means approved
by the Engineer. The cost for the placement of the temporary ramp/plate, and its removal shall be included in the unit
cost bid for the various items of work involved,and no additional compensadon will be allowed therefore.
When joining,new construction shall match existing improvements wi[h proper grade to form a safe and smooth surface.
Wherever a utility box,tra c signal box or water meter box exists in the new ramq the boxes shall be replaced if deemed
necessary by the Inspector, or adjusted to the £nished grade of Ihe sidewalk access ramp. Conhactor shall make the
necessary adjustments,as needed,for existing water services and electrical conduits. The urility adjushnents shall consist
of excavations,removal of existing service anNor conduit to a location that will allow for the adjushnent,installation of
new service and/or conduit to[he adjusted box,backfill and compaction,and the reconnecting of conductors within[he
SP-33
conduits,payment for any utifiTy adjustments shall be included in the unit price paid for sidewalk access ramps and no
additional compensation will be allowed therefore.
Unless speci8cally stated otherwise on the plans,all work shall conform to the appropriate Standazd Plan 121 for
Sidewalk Access Ramps and Standard Plan No. 118 fir Sidewalk construction.
Access to buildings over the newly placed mmp shall be provided the day following the placement of ramp.New ramp
shall be protected by the Contractor with the use of materials such as roofing paper,plywood,or other means approved
by the Engineer.Detectable Waming Devices shall be installed on each ramp per the latest Federal A.D.A.Accessibility
Guideline.De[ectable Waming Devices shall be truncated domes manufactured by the following or an approved equal:
The City has approved the folfowing manufacturer of truncated dome materials for use on this project.Detectable
Warning Devices shall be hvncated domes manufactwed by the following,or an approved equal to be approved by
the CiTy Engineer.
Safety Step TD
1275 Howard Place
Redlands,CA 92373
1-866-723-3883
http://www.safetysteptd.coaVTraditional
Type:Traditional
Color:brick red.
303-511(a) National Register Historic District(Old Towne Area)
Concrete curbs, walks,gutters, cross gutters, spandrels, alley, aceess nmp,and driveways, within Old Towne Area
and Eichler Historic Districts, shal]be of class 520-G2500 with additive coloc The color shal]be regular concrete
mix with an applica[ion of water-based top-surface retarder[ha[is washed away using pressure wa[er for a sand blast
finish effect. The retarder shall be Grade OS—Powder Blue Violet(color coded)per Grace ConsWction Products
www.eraceconstrnction.com(877)423-6491)or approved equal.
303-5.1.2 Drainage Outlets Through Curbs
The Conhactor shall reconstruct all e sting drainage outlets[ivough the new curb per Secfion 303-5.1.2 and City Std
311 as appropriate.The imeR of the drain shall be located 3/4 inch(19 mm)above[he gutter flow line
303-5.4.2 ExpansionJoints:
Eupansionjoints shall be consWcted only where specifically designated by the Engineer.
303-5.8 Bac l6ng and Cleanup:
Backfilling to the finished surface of the newly constructed Portland Cement Concrete must be completed in
accordance with the time frames established in the Prosewrion of Work section of these specifications. Backfill
materia] shall be free of rocks, free of objectionable materials and suitable for promotion grow[h of landscape
materials. All backfill areas shall be seeded with top soil,and azeas over 6" in width shall be plan[ed with sod. All
bac(ling, seedi g, and cleanup work shall be included in the co tract unit price, and no additional compensation
will be allowed therefore.
303-5.9 Payment
Payment for the requirements to SAWCUT, REMOVE A1VD REPLACE SIDEWALK ACCESS RAMP PER
CITY STANDARD PLAN NO. 121; TYPE TO BE DETERMINED BY THE CITY INSPECTOR (N'ITH
DETECTABLE WARNING SURFACE (TRUNCATED DOME 4' X 3'), shal(be at the wntract unit pdce bid
per each ramp from beginning of curb retum(BCR)to end of wrb return(ECR),and shall include all labor,materials
and equipment necessary to complete this work, including protection anNor replacement of all existing drains,
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horizontal and vertical sawcut,grinding of existing lip,removal&disposal of existing improvements,excavatioq
subgrade preparatioq root removal,afl forms,P.C.C. ramp,new curb&gutter improvements,slot paving,utility
box adjustments to grade including the water service, installation of detectable waming surfaces per latest Federal
A.D.A. Accessibility Guideline, restoration of existing landscape planting, old towne finish and modification of
e sting irzigation system. No additional compensation will be allowed therefore. All work shall be in accordance
with the applicable provisions of Section 201 "Concrete, Mortar and Related Materials," 300-1.3, "Removal and
Disposal of Materials," Section 300-2, "Unclassified Excavation," and Section 303-5, "Concrete Curb, Walk...," of
the SSPWC,and all applicable Sections of these Special Conditions. Damage to any existing improvements shall be
remedied by saw-cutting, removal, and reconshuction at the Contractor's expense and to the satisfaction of the
Engineer.
Paymen[for the requirements to SAWCUT,REMOVE AND REPLACE EXISTING SIDEWALK PER CITY
STDANDARD PLAN NO. 118, shafl be per the unit price bid per square foot and shall incWde all labor,materials
and equipment necessary for sawcut,removal&disposal of existing improvemen[s,including asphalt concrete section
asphalt concrete sidewalk),tree root pruning and removal, subgrade preparation, forms, P.C.C. improvements, old
towne finish, sprinkler repairs, backfilling behind sidewalk, restoring form areas reconstruction of under sidewalk
drains, utiliry adjustments, traffic control, and all other work required to complete the work. When joining, new
construction shall match existing improvements with proper line and grade ro form a safe, smooth surface. The
Contractor shall transi6on, as necessary,the last five(5)feet of new sidewalk to meet existing improvements.When
joining new construction shal( match existing improvements with proper grade to form a safe and smooth surface.
Wherever a utiliry box,traffic signal box or water meter box exists in the PCC replacement limits,the boxes shall be
adjusted to the finished grade,if the utiliTy box is deemed unsuitab(e for use by the City, the Contractor will fumish
and install a new pull box. Contcactor shall make adjustments, as needed, for existing water services and electrical
conduits.Any[raffic signal conduit adjushnents shall be performed by an approved haffic signal conhactoc The utility
adjustments shall consist of excavations, removal of existing service anNor conduit to a location that wil(allow for
the adjustment, installation of new service and/or conduit to the adjusted box, backfil] and compaction, and the
reconnecting of conductors within the mnduits,payment for any utiliTy adjustments shall be incWded in the unit price
paid for sidewalk and no additional compensation will be allowed therefore.
Payment for the requirements to 5AWCUT,REMOVE AND REPLACE EXISTING CURB AND GUTTER
PER CITY STANDARD PLAN NO. 117 shall be per the unit price bid per lineal foot and shal]incWde all labor,
materials and equipment necessary for saw-cut,removal&disposal of exis[ing improvemen[s,subgrade preparation,
forms,P.C.C. improvements,old towne finish,backfilling behind curb and gutteq slot paving restoring form areas,
traffic control,restoring form areas and all other work required to complete the work.New wrb and gutter shall be
constructed to provide proper flow line wi[h existing improvements.Curb height may vary as necessary to join
exis[ing improvemen[s.
Payment forthe requirements to SAWCUT,REMOVE A1VD REPLACE EXISTING CROSS GUTTER
AND/OR SPANDREL PER CITY STANDARD PLAN 119,shall be per the unit price bid per square foot and
shall incWde all labor,tools,materials and equipmen[necessary for saw-cut,removal&disposal of existing
improvements,excavation,subgrade prepazation,forms,P.GC.improvements,old towne finish,slot paving
restoring form areas,finishing,traffic conVol,and all other work required to complete the work.When joining,new
construction shall ma[ch exis[ing improvements wi[h proper line and grade[o form a safe,smooth surface.All
concrete flowlines shall be wateo-tested upon completion of£nishing and any i[regularities causing water ponding
shall be corrected and refinished at the ConhacPs sole expense.No addi[ional compensation wil]be allowed.
Payment for the requirements to REMOVE AND REPLACE TRAFFIC SIGNAL OR STREET LIGHT PULL
BOX AND ADJUST CONDUIT AS REQUIRED PER CAL TRANS STANDARD ES-8A,shall be a[the
contract unit price bid per each pul]box and shall include all labor,materials,and equipment necessary to complete
this work.The haffic signal or sheet light pull box shall be adjusted to the finished grade and the bottom shall be
graveL The existing electrical conduits shall be adjusted as directed by the City Inspector and traffic signal conduit
adjus[ments shall be performed by an approved traffic signal conlractoc The pull box adjustments shall consist of
excavations,removal of eacisting conduit,and instal(ation of new conduit,haffic conhol,reconnection of conductors
within the conduits,backfill,and compaction.No additional compensation will be allowed therefore.
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Payment for the requirements to REMOV E AND REPLACE EXISTING TACTILE,shall be at the contract unit
price bid per square Foot installed,and shall include all labor,materials and equipment necessary to complete this
work,including pmtection and/or replacemen[of all existing improvements,removal&disposal of existing
improvements,installation of detectable warning surfaces per(atest Federal A.D.A.Accessibility Guideline,No
additional compensation will be albwed therefore. Damage to any existing improvements shal]be remedied at the
Conhactor's expense and to the satisfaction of the Engineer.
PART 4
EXISTING IMPROVEMENTS
SECTION 400—PROTECTION AND RESTORATION
400-11 Protection and Restorati0n of Existing Facilities
The Contractor shall be responsible for the pmtection of public and private proper[y adjacent to the work and shall
exercise due caution to avoid damage ro such property.
Contractor shall protect all existing improvements within the right-of-way, which are not designated for removal.
Existing improvements damaged by the contractor as a resul[of his opera[ions shall be repaired or replaced by the
Contractor at no cost to the property o mer or Successor Agency.
Sprinkler systems damaged by the Contractor shall be repaired to working operation within 48 hours to the satisfaction
of the Engineec Repairs shall be made with salvaged equipment or new irzigation risers and heads as required to
match existing irzigation improvements adjacent to work area. If reoairs are not comoleted within the allotted time
frame,the contractor will be assessed liauidated damaees of$250 oer dav,and or back charae for the work done bv
the Ci .
Prior to backfil(ing area adjacent to curb repairs,the excavation shall be compacted and graded level or at a slope not
to exceed 1(vert)to 4 (horiz). Grass pazkways sha(1 be overseeded with lawn seed and topper to the satisfaction of
the Engineer.Sod wil]be required at locations were grading exceeds 24 inches in width.
Contractor shall resrore all house numbers on new curb areas. No additional compensarion will be allowed.
400-2 PERMANENT SURVEY MARKERS
Prior to the start of construction, the Contractor's licensed land surveyor or qualified Civil Engineer shall, in
conformance with California State Law AB 1414,locate all mouumeuts(bo[h of record and not of record),bench
marks,and centedine ties within[he construction zone,i.e.,within one hundred feet of the construction activily.
Additional ties to monuments shall be set when ties are missing(min. 4[ies per monument). The Contractor's
surveyor or qualified Civil Engineer shall prepare and submit for review to the City Engineer separate tie sheets and
Corner Record sheets (monuments no[ of record shall have only tie sheets prepared). Tie sheets shall conform to
Standard Plan No. 402, Centerline Ties. Corner Records shall conform to the County Engineers' Association of
Califomia's"Guide to the Preparafion of Records of Survey and Comer Records"document as provided by the County
of Orange Land Surveyor's O ce and on file in the City of Orange CiTy Engineers Office. Upon review by the City
Engineer, Ihe Land Surveyor shall file the Comer Records with the County of Orange Land Surveyor's Office.
CertiSed Comer Records shall be filed with the City Engineer of the City of Orange.
After coastruction and prior to final acceptance by the City of the consVuction project,the ConVactor's land surveyor
orqua(ified Civil Engineer shall re-survey all field monuments and centerline ties withinthe constmction zone,prepare
tie sheets and Comer Record sheets as indicated above,and file them with the City Engineer for review. After review
by the Ciry Engineer the land surveyor shall file the Corner Records with the Counry Land Surveyors Office,and file
certified copies of the Comer Records with the City Engineer. Project retention wil]not be released until all records
are recorded with the County Land Surveyor Office.
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All survey monuments removed or altered as a result of conshuc6on shall be reset, Comer Records filed with the
County of Orange Land Surveyor's Office,and apprwed final ComerRecords filed with[he City Engineec Centerline
ties removed as a result of construction shall be reset and tie sheets filed with the City Engineer.
The land surveyor shall pmvide a letter of certification for all monumen[s having four or more existing ties which are
within 0.02 ft plus or minus of the original City tie sheet rewrds.When several monuments and ties appear on one tie
sheet and one of the ties has changed the fand surveyor shall re-measure all of the ties and re-file a new tie shee[with
the City as required herein.
County of Orange permanent and temporary bench marks within the conshuction zone shall be located by survey,and
the Contractor's Land Surveyor shall send a written notification of impending construction to the County of Orange
Land Surveyor's Office[wo weeks prior to construction.
400-3 PAYMENT
The payment for PROTECTION AND RESTORATION OF EXISTING FACILITIES shall be included in Ihe
contract prices bid for other items of work and no addifional compensation will be allowed therefore.
The payment for PERMANENT SURVEY MARKERS shall be paid as described in See Section 3-10.4. No
additional compensation will be allowed therefore.
SECTION 402-UTILITIES
402-1 LOCATION
Location of utilities shown on plans shall be considered approximate only. Contractor shall carefu(ly excavate in the
viciniry and shall bcate all utilities shown on the plan. The Contractor shall be responsible for any damage to existing
utilities shown on the plaq regardless of exact location.
Locations of sewer laterals shown on the plans are from the available records of the City of Orange. All the sewer
laterals from the sewer main to[he property may not be shown on the plans. However,the Conhactor is required to
assume that each proper[y will be served by a sewer]a[eraL The sewer laterals aze not the property of the City of
Orange and these laterals from sewer main to the property belong to each individual property owner. The Contractor
shall contact each property owner to determine the bcation and depths of such laterals and shall protect[hese in place.
Full compensation for protecting such laterals in place shall be considered included in the prices bid for items of work
which may affect such laterals.
Revise fifth paragraph of the Standard Specifications(Green Book)to read:
The Contractor shall mtify each owner of the subsudace installations, including[he service conriections, and shall
determine the exact location and depth of subsurface installation as approximately marked by the respective owners,
which may affect or be affected by the Conhactor's operations. The City of Orange shall not be responsible for any
compensation to the Con[ractor for any unmarked or incorrectly marked apprmcimate locations by the respective
owners. If no pay item is provided in the conhact for this work,full mmpensation for such work shall be considered
as included in the prices bid fdr other items of work. "Subsurface Insta(lation"in this section means any underground
pipeline,conduit, duct,wire,or other structure, except non-pressurized sewer lines,non-pressurized stortn drains,or
other non-pressurized drain pipes,operated or maintained in or across public streets or public right-of-way.
402-4 RELOCATION
Any underground utilities mazked by[he Underground Service Alert and conflicting with the work to be done by the
contractor,and the utilities shown on the plans as to be relocated by others,will be rebcated by the respective utility
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owners at no cost to the contractor. If such utiliHes are not refocated by the utility owners prior to the contract award,
the contractor shal]perform all the necessary work in the contract and provide a time window for the utility owners to
commence and complete their work The wntractor shall be entitled to extension of time without any additional
compensation for the delays attributed to such relocatioa The Engineer shall have the right to direct the contractor
and perform such relocation at compensation to be paid for in accordance with section 3-2.
My miscellaneous items to be relocated by the Contractoy as indicated on the plans, shall be relocated in a
workmanlike manner and all such work shal] be done in cooperation with the utility owner;the Contractor shall be
responsible for any costs resulting from the Conhactor's failure to do the work at such fimes as are acceptable to the
owner. The Conhactor shall notify owners at least forty-eight (4S) hours in advance of any work on any of their
facilities.
All euisting and conflicting items to be relocated by Contractor shall be inspected carefully by Contractor prior to
removing and doing all the work necessary for relocating such items at the designated location without any
modifications. If any modifications are required to such items due to Contractors negligence in verifying the nature
of work prior to relocatioq Contractor shal(prepare plans and submit for Engineer's approval to such modiica[ions
and shall make such modifications at no additional compensation.
402-6 COOPERATION
Contractor shall maintain access to schools, private properties and commercia( areas at all times during project
operations. The Contmctor shall make all efforts ro coordinate their construction on the streets.
Slurry seal shall not be applied to any streets of any areas on days scheduled for trash pickup,unless prior arzangements
have been made with refuse collecmr,and approved by the Engineer.
PART 6
TEMPORARY TRAFFIC CONTROL
SECTION 600-ACCESS
600 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall notify the following enti[ies at least forty-eigh[hours in advance of any street conshuction or
reshiction to access,if applicable:
1.CiTy of Orange Fire Department: 288-2500
2.City of Orange Police Department: 744-7462
3.Ambulance Services: 521-2334
4.Orange Unified School Dishict: 997-6101
5.Trash Collection/Sheet Sweeping: 6373010
6.PostO ce: 997-1255
7.City of Orange Nater Departmenh 288-2475
The Contracror shatl also be required to post and subsequently remove temporary "Tow Away No Pazking" signs
along adjacent work mnes no less and no more than 1-week prior to scheduled work dates. The signs will be furnished
upon reques[by the City. The Conhactor shall fill in the day and date for the scheduled work.
The Conhactor shall be responsible for adequate barricading ofthe work area and conholling Vaffic in the vicinity of
the project as specified in Subsection 7-1 Q Tcaffic and Access and these special provisions. Barricades shall be staged
and ready for controlling traffiq but no street shall be closed. The Contractor shall maintain the tra c control devices
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deployed for controlling all work operations. The Contractor shall protect the new surface from damage or defacing,
the Conhactor shall repair any damage to new improvements at no additional cost to the City until work is accepted
by the City.
A[ the end of each day's work and at other [imes when construction operations are completed or suspended, the
contractor may park construction equipment and vehicles within the street right-of-way as approved by the Engineer.
Vehicles and equipment shall be secured,and placed in locations out of travel lanes alongside the far right side of the
roadway. Conhactor wif]be required to place barricades around equipment and materials placed within the roadway
to remain ovemight or for a period of time exceeding 24-hours.
No materia]or other obstructions shall be placed within fifteen(15)feet of any fire hydrant which shall at all times be
readily accessible to the Fire Department. Traf c control shall conform to the provisions of the latest edition ot
the Work Area Tremc Control Handbook(WATCEn published by Building News,Inc.
At least seven(calendar days prior to beginning work,ffie Contractor shall disMbute notices to all residences and
businesses adjacent to or affected by the proposed work. Said notices shall be prepared and printed by the Ciry and
shall be served by the Contractor's representa[ive in person to each residence and business as practicable. Failure of
the Contractor to propedy serve said notices shall be cause for suspension of work until compliance wi[h this
requirement is achieved. No extension of time will be a(lowed to [he Contracror for lost time due to his failure to
dislribute said notices in a timely manner or from suspension of work due to non-compliance.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants,commercial and
industrial establishments, churches, schools, parking lots, service station hospitals, and establishments of similar
nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer.
Vehicular access to residential and commercia( driveways shall be maintained to the properly line except when
necessary construction prec(udes such access for reasonable periods of time. If backfill has been completed to such
extent that safe access may be prwided and the street opened to local Va c,the Conhactor shal(immediately clear
he street and driveways and provide and maintain access.
Contractor shall not store construction equipment within public right-of-way. Construction site must be swept and
washed clean a[the end of each work day. The City is not obligated to provide storage yard for materials,equipment,
and construction site debris.
Conshuction advisory signs will be provided by the City,the Conhactor shall install the two cons[ruction advisory
signs(4'x 8'—2 pos[s)hvo weeks prior to construction as determined and directed by the Engineer.If there is not a
sepazate bid i[em for[he signs,the cost shal(be incWded in the various items of work and no additional compensation
shall be made thereof.
Federally Funded Project—CDBG FY 2019-20
Americans wi[h Disabilities Act(ADA)Wheelchair Access Ramp Replacement at Various Locations
Approximate Starting Date:March 2019
Construction Duration: Forty Five(45)Calendar Days
Paymen[ for the requirements of Public Convenience including all labor equipment, tools, materials and incidentals
required to comple[e the work shall be included in the conhact prices bid for the various items of work involved. No
additional compensation will be allowed therefore.
600-4.1 Traffic and Access
The Contractor's operations shall cause no unnecessary inconvenience. The Contractor shall immediately remove
any spillage resuf[ing from its hauling operation along or across any public trave(way. The access rights of the public
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shall be considered at all times. Unless otherwise authorized,traffic shall be permitted to pass through the work area,
or an approved detour shall be provided.
Should the Contractor appear to be neglectful or negligent in fumishing waming and protective measures,the Engineer
may direct attention to the existence of a ha7ard,and the necessary waming and protective measures shall be fivnished
and installed immediately by the Contractor at his expense. If attention is directed to the existence of a hazard and
the Contractor fails to provide such devices,said devices will be placed or caused to be placed by the City. The cost
of placement of these devices shall be [he sole responsibility of the Conhactor and shall be paid for at the rate of
50.00 per call-out pWs $25.00 per traffic control device for each 24 hours, or fraction thereof, that the device is
required. Said costs shall be deducted from the total of contract price for the work.
Each tra c control, waming, and guidance device required for the work shal( be cortinuously monitored by the
Contractor for its adequacy,including,but not]imited to:
type
location and placement
size
reflectivity(if to be in place during darkness)
condi[ionofrepair
The overall work site vaffic control,warning and guidance effort shall be mntinuously monitored by the Conhactor
for its adequacy in detouring vaffic around, or circulating tra c through the work area. Any deficiencies by the
Contractor in such moniroring, or correcting inadequate work-si[e signing shall be considered just cause for the
Engineer or his representative ro suspend the work. The decisions made by the Engineer in this regard shall be final.
The Contractor shall cooperate with the various parties involved in the delivery of mai]and the collection and remwal
of trash and garbage to maintain existing schedules for these services.
Soecial Attention is directed to the presence of schoo(s in [he various areas and a high incidence of pedestrian,
bicycle and bus traffic. Construction ac[ivi[ies, detouring and haffic conhol should reflect this condition and be
coordinated with each individual school o ciaL Contractor shall coordi ate with school to minimize inconvenience,
Bus schedules,e[c.
SECTION 601-WORK AREA TRAFFIC CONTROL
601-2 STREET CLOSURES,DETOURS,BARRICADES
Descripfion: This work shall include,but not be limited to,providing delineation, lighted bacricades, flashing arrow
boards,signing for detours,tra c channelizatioq "No Parking"signs for public safery. This work shall also indude
providing tra c control plan,or supplemental tra c control plan as required,per the latest edi6on of the Work Area
Traffic Conlrol Handbook(WATCf.
Construction: Traffic control shall wnfoan to applicable provisions of the contract plans, Standard Specifications and
these special provisions.
My changes in provided Traffic Control Plans shall be prepared by the Contractor and shall be approved by the City
Engineer prior to work.
The Contracror shall provide safe and wntinuous passage for pedeshian and vehicular traffic a[all times.
The Contracror shall provide temporary asphalt wncrete ramps at grind areas against existing asphalt concrete pavement.
All waming lights,signs,barricades,delineators,detours,and other facilities for the convenience and direction of public
haffic shall be furnished and maintained by the Contractor. All traffic control shall conform to, and be placed in
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accordance with current"State of Califomia",Manual of Traffic Controls"for construction and maintenance work wnes
and the latest updated version of the"Work Area Traffic Conhol Handbook"(VATCH). Fluhing arrow signs shall be
fumished and maintained as directed by the Engineer.
The Contractor shall follow and implement the City approved traffic staging ptans included in the plan set. The staging
plans shall be used by the Contractor to constmct the necessary street improvements whife maintaining the minimum
lane configurations and tum movements as established by the City Traffic Engineec The Contracror has the option to
revise and submit new haffic control plans to the City should the Conhactor request a change in the construction staging
operations.
Copies of any revised haffic plans shall be submitted 10 days prior to the preconstrucNon meeting for review by the CiTy
Traffic Engineer.
During normal working hours as described in Sec[ion 6-7.1, on arterial streets, a minimum of one tra c lane in each
direction shall be maintained where excavations necessitate. If left tum pocket existed,it shall be maintained. No lane
closures or construction will be permitted on any street on Saturdays,Sundays,or legal holidays unless authorized by the
City Traffic Engineer. During non-working hours,the work area shall be delineated additionally with lighted flasher
Type barricades,spaced a maximum of 50 feet on center or as may be directed by the CiTy Traffic Engineec Emergency
vehicles shall be permitted to pass tivough ffie work area without delay at all times.My deviation from the two lane
requirement shall be reviewed and approved by the City Traffic Engineer.
During the course of work,the Contractor shall make minor changes and add or delete signing,as may be required by
the City Traffic Engineer to correct problem tra c situations which are a result of the Contractors operafions. In special
cases,Ihe Contcactor shall be required to fumish flagmen as requested.
The Engineer shall Bave the authority to direct the Contractor to reschedule his work as necessary ro reduce or eliminate:
1) vehicular haffic conflic[s, or (2) incomenience to adjacent residences and businesses, or (3) coordination with
Caltrans"freeway closures,and o[her Ciry construction projects in the area.If the permanent surfacing of an access is
not completed within 72 hours,the Contractor shall provide temporary asphalt concrete surfacing to such access at this
own e;cpense.
Each vehicle used to p(ace and remove components of a traffic control system on multi-lane highways shall be equipped
with a Type II flashing arrow sign which shall be in operarion when the vehicle is being used for placing,maintaining or
removing said components. The sign shal(be controllable by the operator of the vehicle wMle the vehicle is in morion.
The flashing arrow sign shown on the plans shall be in place before any lane closure requiring its use is comple[ed.
The Contractor is requ'ved to excavate,compact and comp(ete deep lift asphalt mncrete pavement secfion in the same
working day, prior to excavation of fuRher roadway sec[ions or cold plane operntions wi[hin project, exduding
cons[ruction of the concrete approach lanes. The length of excavation shall be limited to 1000 feet as directed and
approved by the Engineer.
Access to all private properties shall be maintained at all times during constructioa ContraMor shall provide notification
to properly owners a[least twenry-four(24)hours before commencement of any work on/or adjacent to their property.
All[ravel lanes reopened to haffic must at least have final asphalt concre[e base course placed in reconstructed areas.
Where hvo or more points of access to a business are available,only one driveway shall be closed at any time. Where
onty one driveway exists,the Conhac[or shall provide temporary access during normal business hours.
All ws[s imolved for detouring,signing,temporary stree[delineatioq and other requiremen[s specified in[his
section of the Standard Specification shall be included in the respective bid items.
601-2.2 Additional Traffic Control Notes
1) All work and materials shall comply with "Caltrans" Manual of Traffic Controls in Conslruction and
Main[enance Zones,and Work Area Traffic Conhol Handbook,latest editions.
2) The Contractor shall have all signs, delineator, barricades, arrow boazds, etc., propedy installed prior to
commencing construction. Arrow boards utilized on the project shall be solar/battery powered.
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3) All temporary sViping and markings shall conform to the"Caltrans"standard plans and specifications. Raised
pavement markers shall not be used. Shiping damaged by conshuction shall be repaired in kind ro the
satisfaction of the engineer.
4) Flashing yellow beacons,Type"B",shall be used on all C I S signs and on all type II and III barricades guarding
the work area ovemight.
5) All advance warning sign installations shall be equipped with flags or daytime closures.
6) All delineators shall be 36" minimum portable, reflectorized rubber guide posts,orange in coloq with double
weighted base rings and shall be kept in their proper position at all times and shall be repaired, replaced or
cleaned as necessary to preserve their appearance and continuiTy.
7) All signs shafl be reflecrorized and standazd size unless shown otherwise.
8) Type II barricades with flashers may be used,in lieu oF or in addition to the rubber guide posts,at the discretion
of the conhactoy when they are intended to provide additional emphasis in azeas where workers are present.
9) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to
abutting property owners.
10) The Conhactor shall maintain on a 24-hour basis, all signs, delineators, barricades, etc. to ensure proper flow
and safety of traffic.
11) Pressure sensi[ive[raffic mazking tape anNor striping paint may be used to supplement the channelizing devices,
delineators,reflectorized signs,and barricades.
12) Al( conflicfing stripes, pavement markings, and legends shall be complete(y removed by wet sandblasting, or
other method approved by the engineer prior to any change in[he traffic pattem.
13) The Conhactor shall cover all existing speed limi[signs during work hours and install C17 signs.
14) Where wo k is being performed at signalized in[ersections or detection areas aze damaged, the signal shall be
placed on vehicle recall by the Traffic Engineec Notify Tra c Engineer(714) 532-6427, sevenTy-hvo (72)
hours prior to work.
IS) At signalized intersections two signal heads shall be visible to approaching traffic at all times. The Contractor
shall be responsible for al(signal modifications during detour constructioa Signal work shall be performed by a
licensed traffic signal mntractor.
16) The trafric staging plans indicate vehicular traffic conhol in work area during construction activity. Additional
traffic controls,traffic signs,or bacricades may be required in the field. The Conhacror shalf be responsible for
the placement of any additional devices necessary to assure safety to the public at afl times during wnsVuc[ion.
17) The City Engineer reserves the right to make any changes necessary as field conditions warrant. My changes
shall supersede these plans and be done solely at the conhactor's expense.
18) The Contractor shal]norify the City Engineer or his representa[ive at least five(5)working days in advance of
initiating any construction detouc The Conhactor shall provide additional tra c detour plans for work at
signalized intersections for approval of the City Engineer.
19) The Contcactor shall provide pedeshian walk ways and crosswalk access at all times when crosswalk or
sidewalks are to be closed,R96 signs and bacricades shall be installed.
20) The Conlractor shall notify all local businesses 14 days prior to detour construction for all night time
construction. For daytime conshuctioq the Contractor shall notify the local businesses 7 days in advance of
work to be done.
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601-3 PAYMENT
DELETE in its entirety and SlIBSTIITJTE with the follawrng:
Payment for TRAFFIC CONTROL shall be incWded in respective items of work and shall include full compensation
for traffic control plans,supplemental traffic control plans,as required,furnishing all labor,materials,tools,equipment
and incidentals and doing al] the work imolved in all temporary [ra c control refated work involving placing,
removing,sroring,maintaining,moving to new locations,replacing and disposing ofthe components of traffic conhol
system, complete in place,temporary Asphalt Concrete including installation and removal; all associated temporary
signing and striping; flashing arrow signs; flagging and/or flagger costs; and project notifications,as specified in the
Standard Specifica[ions and these Special Provisions, and as directed by the Engineer. No additional compensation
will be allowed thereof.
SP-43
PART 9
ALTERNATE ROCK PRODUCTS. ASPHALT CONCRETE
PORTLAND CEMENT CONCRETE AND UNTREATED BASE
MATERIAL
SECTION 900 - PORTLAND CEMENT CONCRETE AGGREGATES
900-1.1 General
The Cleanness Value requirement of Sec[ion 200-1.4 shall be replaced with[he following:
Tests Test Method No. Reauirements
Cleanness Value Califomia 227
Individual Test 70 Min.*
Moving Average 75 Min.*
The Sand Equivalent requirement of Section 200-1.5.3 shall be replaced with the following:
Tests Test Method No. Reauirements
Sand Equivalent:California 217
Individual Test 70 Min.'
Moving Average 75 Mia•
For 2500 or less class concrete, except concrete pavement,a minimum 65 Individual Test Result and minimum 70
Moving Average will be acceptable if the 28 day s[rength exceeds 2500 ps.i.at a 6-inch slump or greater.
Portland Cement Concrete shall be sampled and tested in accordance with the following ASTM and Cafifornia Test
Methods:
Sampling Fresh Concrete Califomia No.539
Obtaining Drilled Cores C-42
Molding and Curing Specimens California No.540
Compressive Svength California No.521
Flexural Strength California No.536
Slump G143
Air Content Ca(ifomia No.504
Unit Weight,Yield Cafifomia No.518
Setting of Mortar C-191 or C-266
Mortar Cube Test Califomia No.515
Drying Shrinkage(with admixture) Califomia No.530
Unless otherwise resVicted by the City of Orange General Plan,Old Towne Historic District,Redevelopment Agency
Standards or other special dishicts,no color admiutures shall be used in PoRland Cemen[Concre[e(PCC)consVuc[ion
work within the public street righFof-way.
SP-44
900-2 PROCESSED MISCELLANEOUS BASE
At least 65 percent by weight of the material retained on No.4 sieve shall be crushed particles as determined by Test
Method No.California 205.
900-4.lASPHALTCONCRETE: GENERAL
The asphalt concrete class shall be as designated in the following table:
ASPHALT CONCRETE CLASS USE TABLE
Construction Asphalt Concrete Class Asohalt%
Arterial Hiehways
Base Course III-B2-PG 64-10 4.6 to 6.0%
Surface Course III-C3-PG 64-10 4.6 to 7.0%
Asphaft Rubber Hot M&(ARHM)ARHM-GG-B
Other Sheets IResidentia0
Base Course III-B2-PG 64-10 4.6 to 6.0%
Surface Course III-C3-PG 64-10 4.6 to 7.0%
Asphalt Concrete Curb(berm) III-D-PG 64-10 6A to 8.0%
Feathered edges of base course III-C3-PG 64-10 4.6 to 7.0%
900-4.2 Coarse Aggregate
Coarse aggregate shall consist of material of which at least 75 percent by weight shall be crushed particle.
SP-45
ATTACHMENT NO. 6
FEDERAL LABOR STANDARDS PROVISIONS
Behind This Sheet]
FEDERAL STANDARD SPECIAL PROVISIONS
This project is funded with Federally assisted Community Development Block Grant program (CDBG)
administered by the Federal Department of Housing and Urban Development (Fi[JD). The following
requirements of the Secretary of IIIJD as set forth in 23 CFR 135 published in volume 35 Federal Register
29220 of October 23, 1973 and issued pursuant ro Section 3 of the U. S. C. 17001 u, shall appy to this
conhact.
FS-2 CDBG Contract Compliance Requirements.
FS-5 CDBG Special Provisions.
FS-8 Federal Equal Employment Opportunity(EEO)Requiremen[s.
FS-IS Section 3 Affirtnative Action Requirements.
FS-1
CDBG CONTRACT COMPLIANCE REQUIREMENTS
REQUIREMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'5 OBLIGATION RESPONSE PERIOD
1. Equal Employment OpportuniTy
requirements for contracts in excess
of$l0,OD0.00
a. Employment goals
Meet minority and female employment Meet minoriry and female employment Binding for duration of construction
goals or provide evidence of good faith goals or provide evidence of good faith contract
effort effort
b. Certification of
Nonsegregated Facilities Submit certification Submit certification2 Prior to contract awazd
c. CertiScation with Regard to the
Performance of Previous
Submit certification Submit certificationZ Prior to conVact award
Contracts or Subconhacts
Subject to the Equal Opportunity
Clause and the Filing of
Required Repor[s
d. Federal EEO Provisions
Bind subconhactors to Federal EEO Bind subconhactors to Federal EEO
prior to contract award
e. Contractors Notification of Provisions for contracts over$]0,000.00 provisions for contracts over$10,000.00
Subcontracts Awarded
Submit notification3 Within 10 working days of award of any
subconVact over$10,000.00
f. Notice of Equal Employment Submi[EEO notice to unions or Submit EEO notice ro unions or Prior to commencement of construction
Opportuniry representative of workers representative of workersz work
g. EEO Poster Post EEO poster at construction site Prior to commencement of conshuction
work
FS-2
REQUIREMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'S OBLIGATION RESPONSE PERIOD
h. Monthly Employment Submit monthly report` Submit monthly report5 Submit report at the end of the month of
Utilization Report(CG257) work;contractor's reporting obligation
extends from start of construction until
completion
i. Contractor's List of Federal and Submit with monthly report`l Submit with monthly report5 Submit with initial monthly report;
Non-Federal Work in Bid subsequently when changes in
Condition Area construction work occur
2. Federal Labor Standards requirements
applies to all contractors if prime
contract exceeds$2,000.00)
a. 0.S.Deparhnent of Labor(DOL) Post DOL Wage Decision at construc[ion Prior to commencement of construction
Wage Decision site work
b.Weekly Payroll Report,Submit payroll report with properly Submit payroll repor[with pmperly Submit within seven days after wage
including Statement of completed Statement of Compliance completed Statement of Compliance payment
Compliance signed by owner,o cer or designated signed by owner,officer o designated
employee;written authori ation required employee;written authorization required
for designated employeel for designated employee2
Report conhactor's Internal Revenue Report contractols IRS ID number on
Service identification(IRS ID)number on first payroll report
first payroll report
Report the contract number on each Report the contract number on each
payroll report payroll report
Sequentialty number payroll reports with Sequentially number payrolf reports with
the last payroll repor[marked "Final"the last payroll report mazked "Final"
Report each worker's name,address and Report each worker's name,address and
social security number(SSN)on the first social security number(SSt on the first
payroll on which the worker's name payroll on which[he worker's name
appears appears
RepoR work classification that are listed Repor[work classification that are listed
in the DOL Wa e Decision in the DOL Wage Decision
FS-3
REQUIREMENTS CONTRACTOR'S OBLIGATION 506CONTRACTOR'S OBLIGATION RESPONSE PERIOD
c. Minimum wage payment Pay proper wages,including fringe Pay proper wages,including fringe Binding for duration of cons[ruction
benefits,as specified in the DOL Wage benefits,as specified in the DOL Wage contract
Decision Decision
d. Labor Poster(WH 1321) Post labor poster at cons[ruction site Prior to commencement of construction
work
e. Employment of apprentices Employ apprentices only from bona fide Employ apprentices onty from bona fde Submit apprenticeship documentation
apprenticeship program and submi[ apprenticeship program and submit with payrol]report when apprentice
apprenticeship papers apprenticeship papersZ employment is reported
3. Section 3 requirements(applies to all Provide employment or training Provide employment or haining Binding for durafion of construction
conhactors) opportunities to lower income residents, opportunities to lower income residents, contract
and business opportunities to business and business opportunities to business
firms in project area firms in project area
a. Contractor's Section 3 Submit notice to labor unions or Submit notice to labor unions or Prior ro commencement of conshnction
CommitmentNotice representativeofworkers representativeofworkers work
6. Contractor's Section 3 Submit completed plan1 Submit completed planZ Prior ro contract award
Affirmative Action Plan
4. MinoriTy Business Make good fai[h efFort to award a fair Make good fai[h effort ro award n fair Binding for duration of construc[ion
Ente prise/Women's Business share of contracts to MBE/WBEs share of contracts to MBE/WBEs contract
Entecprise(MBE/WBE)
requirements
5. Certification regarding lobbying Submit certification if applicable Submit certification if applicable2 Prior to commencement of wnstruction
applies to conhac[in excess of work
1OQ000.00)
1.Forward capy to the contract awarding agency for retention in contrnct file.
2.Forward wpy ro the pnme contracwr wha in Nm will submit document to the contrzct awarding agency for filing.
3.Fonrard copy to the contract awarding agency.
4.Fonvard report ro the contract awarding agency
5.Forward the report ihrough ihe pnme comractor to the cwtract awarding agency.
FS-
Special Provisions for Community Development Block Grants(CDBG)
Based upon the requirements of the rules and regulations of the Housing and Community Development Program,
Executive Order No. 11246 and Federal Management Circulaz 74-4 and 74-7, the following provisions must be
included in all conhac[s paid for in whole or in part from CDBG funds as indicated.
Tke to[Jowinn mus be included iir a(!contracts and subcontracts:
l. Tertnination of Conhact. In the event that any of the provisions of this contract are violated by the mnhactor of
by any of his subcontractors,the Contracting Agency may serve written notice upon the contracror and the Surety
if any of its intention to terminate the contract,such notices to wntain the reasons for such intention ro terminate
the conhact and unless within ten(10)days after the serving of such notice upon contractor, sucli violations or
delay shall cease and satisfac[ory arrangement of wrrection be made,the con[ract shall, upon the expira[ion of
ten (10) days, cease and tenninate. In the event of any such termination, the Contracting Agency shall
immediately serve notice thereof upon the Surety and the contractor and the Surery shall have the right ro take
over and perform the contract; provided, however,that if the Surety does not commence performance thereof
within ten(10)days from the date of the mailing to such surety of notice of termination,the Contracting Agency
may take over the work and prosecute the same to completion by contract at the expense of the contractor,and
the contractor and his Surety shall be liable to the Contracting Agency for any excess costs experienced by the
Contracfing Agency thereby and in such event the Conhacting Agency take possession of and use in completing
Ihe work,such materials,appliances and plant as may be on the site of the work and necessary therefore.
2. Clean Air and Water Pollution Control Acts. The following requirements are part of every contract,subcon[ract
and subloan exceeding$100,000.
a. The conhactor agrees that no facility to be used in the pedormance of any nomexempt contract or subconhact
is listed on the list of Viola[ing Facilities issued by[he Emironmental Protection Agency (EPA)pursuant to 40
CFR 15.20.
b. The contractor agrees to comply with all the requirements of Sec[ion 114 of the Clean Air Act, as amended
42 USC 1857c-8) and Section 308 of the Federal Water Pollution Conhol Act, as amended, (33 USC 1318)
relating to inspection, monitoring,entry,reports, and information, as well as all other requirements specified in
said Section 114 and Section 308,and all regulations and guidelines issued thereunder
c. The contractor will give prompt notice of any notification received from the Director of the EPA,Office of
Federal Activities or any agent of that office, that a faciliry used or to be used for this contract is under
consideration to be lis[ed on the EPA list of Violating Facilities.
d. The contractor agrees that he will include or cause to be incWded the criteria and requirements in paragraph
a.)throuah(d.)of this secfion in every non-exempt subconhact and requiring that the contractor will take such
ac[ion as the Govemmen[may direct as a means enforcing such provisions.
3. Federal Bondine Requiremen[s. In all con[rac[s for wnstruction in excess of$100.00Q contrac[or shall provide
at least the minimum bonding requirements as follows:
a. A bid guazan[ee equivalen[to five percent(5%)of[he bid price. The"bid guaran[ee" shall consist of a firm
commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance
that the bidder will,upon acceptance of his bid,execute such contracNal document as may be required within the
time specified.
b. A pedormance bond on the part of the conhactor for 100 percent of the wntract price. A"payment bond"is
one executed in connection with a conhact to assure payment as required by law of al(persons supplying labor
and material in the execution of the work provided for in the contract [Source: Federal Management Circular
74-7 Appendix B.]
FS-5
4. FederalLaborStandards. "Exceptwithrespectrotherehabilitationofresidentialpropertydesignedforresidential
use for less than eight families, all contractors engaged under conhacts in excess of$2,000 for the construction,
prosecutioq completion or repair of any building or work financed ion whole or in part with assistance provided
under this Contract shall compty with HUD requirements pertaining ro such contracts and the applicable
requirements of the regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act, Sa(Davis-
Bacon Act),goveming the payment of wages and the ratio of appren[ices and trainees to joumeymeq pmvided,
that if wage rates higher than those required under such regulations are imposed by state or local law, nothing
thereunder is intended to relieve the contractor of its obligation, if any,to require payment of the higher rates.
The wntractor shall cause or require to be inserted in full, in al] such contracts subject to such regulations,
provisions meeting the requirements of Federal Labor Stand Provision 29 CFR 5.5 and, for such conhacts in
excess of$10,000 29 CFR 561.3."
5. Non-Discrimina6on. The conhactor, in any activity directly or indirectly financed under this con[ract shall
comply with:
a. Title N of the Civil Rights Act of 1964 (Pub.L. 88-352)and the regulations issued pursuant thereto(24 CFR
Part 1),which provides that no person in the united States shall on the grounds of race,color,or naHonal origin,
be excWded focm participation in, be denied the benefits of, or be o[herwise subjected to discrimination under
any program or activity for which the contractor received Federal financial assistance extended to the applicant,
this assurance shal]obligate the applicant,or in the case of any transfer of such property, any transferee,for Ihe
period during which the real property or structure is used for a purpose for which the Federal financial assistance
is extended,or for another purpose involving the provision of similar services or benefits.
b. Title VIII of the Civil Rights Act of 1968(Pub.L.90-284),as amended,administering all programs and activities
relating to Housing and Community Devefopment in a manner to a rmatively further fair housing in the sale or
rental of housing,the financing of housing,and the provisions of brokerage services.
c. Section109oftheHousingandCommunityDevelopmentAcrof1974,andtheregulationsissuedpursuantthereto
24 CFR Part 570.601), which provides that no person in the United states shall on the ground of race, color,
national origiq or sex, be excWded from pazticipation in, be denied [he benefits of, or be subjected to
discrimination undey any program or ac[ivity funded in whole or par[with funds provided under the Part.
d. Executive Order 11063 on equal opportuniTy in housing and nondiscrimination in the sale or rental of housing
built with Federal assistance. [Source: F.R.Vol.43,No.41,PaR 570.307(LI-4)]
6. Non-Interes[of Public Emulovees. "No membeq officer, or employee of[he contracting agency or the City of
Orange or its designees or agents, no member of the goveming body of the locality in which the program is
situated and no other public official of such Iocalities who exercise any functions or responsibilities with respect
m the program during his[enure or for one year thereaftey shall have any in[erest direct or indirect in any conhact
or subconhact or the proceeds thereof, for work to be performed in connection with the program assisted under
this contract. [Source: F.R.Vol.43,No.41,570.307(j)]
7. Lead Based Paint Prohibition. The wnstruction or rehabilita[ion ofresidential structures with assistance provided
under this contract is subject to the Hi1D Lead-Base Paint regulations,24 CFR Par[35. Any grants or loans made
for the rehabilitation oFresidential structures with assistance provided under this Contract shall be made subject
ro the provisions for the elimination of lead-base paint hazards under subpart B of said regulations and the
contractor shafl be responsible for the inspec[ions and certifications required under Section 25.14( thereof.
Source: 24 CFR Part 35]
8. Accessi6iliN/UsabiliN of Facilities and Buildine for Phvsicallv Handicaooed. The conhactor, in any activity
directly or indirectly financed under this wntract shall require every building or faciliry(other[han a privately
owned residential structure)designed,constructed or altered with funds provided under this Federal Block Grant
Program to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible
to,and Usable by,the Physically Handicapped," Number A-1171-R 1971,subject to the exceptions contained
in 41 CFR 101-19.604. [he con[ractor will be responsible for compliance with these specifications and to insure
compliance by every subconhactoc [Source: F.R.VoL 43,No.41,Part 570.307(k)]
FS-6
9. Neeotiated Contracts. For all negotiated contracts the gran[ee,the Federal grantor agency,[he Con[roller General
of[he United States or and of their duly authorized representatives, shall have access to any books, documents,
papers and records of the conhactor which are directly pertinent to a specific grant program for the purpose of
making audit,euamination,excerpts and Vanscriptions. [Source: Federal Management Circular 74-7 Appendix
0(9i)]
FS-7
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/
AFFIRMATIVE ACTION REQUIREMENTS
1. EQUALOPPORTLJNITYCLAUSE. Duringtheperformanceofthisconhact,thecontractoragreesasfollows:
a.The contrac[or will not discriminate against any employee or applicant for employment because of
race,color,religion,sex,or national origin. The contracror will take affirmative action to ensure that
applicants are employed, and[hat employees are treated during employment withou[regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoffor termination;rates of pay or other forms of compensation;and selection for training,including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
b.The contractor will,in al]solicitations or advertisements for emp(oyees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard
to race,mlor,religioq sex,or national origin.
a The contractor wil] send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding,a notice to be provided,advising
the said labor union or workers'representative ofthe contractors commitments under this section,and
shall post copies of the no6ce in conspicuous places available to employees and applicants for
employment.
d.The conhactor will comply with all provisions of Exewtive Order 11246 of September 24, 1965,and
of the rules,regulations,and relevan[orders of[he Secretary of Labor.
e.The con[ractor will fumish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules,regulations,and orders of[he Secretary of Labor,or pursuant
thereto, and will permit access to his books, records, and accounts by the City of Orange, United
States Department of Housing and Urban Development (II[ID) and the Secretary of Labor for
purposes of imestigation to ascertain compliance with such rules,regulations,and others.
f.In the event of the contractor's noncompliance with the nondiscrimination clause of[his contract or
with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole, or in part, and the contracror may be declared ineligible for further
govemment wntracts or federally assisted consWc[ion con[rac[s in acmrdance with procedures
authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor,or as otherwise provided by law.
g.The contractor will include [he provisions of Paragraph I-a through 1-g in every subcontract or
purchase order unless exempted by rules, regulations, o orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order I 1246 of September 24, 1965,so that such provisions wi11
be binding upon each subcon[ractor or vendoc The contractor will take such action with respect ro
any subcontract or purchase order as the City of Orange may direct as a means of enforcing such
provisions,incWding sanctions for noncompliance. Provided,however,that in the event a contractor
becomes imolved in,or is threatened with,litigation by a subcontractor or vendor as a result of such
direction by the City of Orange or IIUD, the contractor may request the United States to enter into
such litigation to protect the interests of the Uni[ed States.
2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYbIENT
OPPORTi1NITY(EEO)Executive Order 11246.
a.The Offerers or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Specifications"set forth herein.
FS-8
b.The goals and timetables for minority and female participation,expressed in percen[age[erms for the
contractor's aggregate work force in each trade on al( construction work in the covered area, are as
follows:
Goals for Minority Goals for Female
Participation for Participa[ion in
Timetables Each Trade Each Trade
11.9% 6.9%
These goals are applicable to all the conhactor's construction work(whether or not it is Federal or
federally assisted)pedormed in the covered area. If the contractor pedorms consVuction work in a
geographical area located outside of Ihe covered area, i[ shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the
conVac[or also is subject ro the goals for both its federally involved and non-federally involved
conshuction.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall
be based on its implementation of the Equal Opportunity Clause, speci£c affirmative action
obligations required by the specifications set forth in 41 CFR PaR 60-43(a), and its effor[s to meet
he goals. The hours of minority and female employment and Vaining must be substantially uniform
throughout[he length of[he conVac[ and in each trade, and the conhactor sha(1 make a good faith
effort to employ minorities and women evenly on each of i[s projects. The hansfer of minority or
female employees or trainees from contractor to contractor or from projec[ to project for the sole
purpose of ineeting the contractor s goals shal]be a violafion of the contract,the Executive Order,and
the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured agains[the to[al
work hours perFormed.
a The contractor shall provide written notification to the Director of the O ce of Federal Conhact
Compliance Programs within 10 working days of award of any construction subcontrac[in excess of
10,000 at any tier for construction work under the contract resulting from this solicitation. The
noti5cation shall list the name, address, and telephone number of the subcontractor; employer
identification number of the subconhactor; estimated dollar arnount of the subcontract; estimated
starting and completion dates of the subcontract and the geographical area in which[he contract is to
be performed.
d.As used in this notice, and in the wntrac[resul[ing from this solicitation, the "covered area" is the
Standard Mehopolitan Statistical Area ofAnaheim,Santa Ma,Garden Grove,specifically the County
of Orange, State of Califomia.
3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS(Executive Order 11246)
a.As used in[hese specifications:
1) "Covered area"means the geographical area described in the solicitation from which this
conhact resulted;
2) "Director" means Director, Office of Federal Conhact Compliance Programs, United
States Department of Labor,or any person to whom the Direcror delegates authority;
3) "Employer identificaHon number"means the Federal Social Security Number used on the
Employer's Quarterly Federal Tax Retum,United States Treasury Depar[ment Form 941.
4) "Minority"inoWdes:
FS-9
a) Black(all persons having origins in any of the Black African racial groups not of
Hispanic origin);
b) Hispanic(all persons of Mexican,Puerto Rican,Cubaq Cenhal or South
American or other Spanish culture or origin,regardless of race);
c) Asian and Pacific Islander(all persons having origins in any of the original
peoples of the Far East,Southeast Asia,the Indian Subcortinent,or the Pacific
Islands); and
d) American Indian or Alaskan Na[ive(all persons having origins in any of the
original peoples ofNorth America and maintaining identifiable vibal affiliations
through membership and participation or community identificarion).
b.Whenever the contractor,or any subcontractor at any tier,subcontracts a portion of the work imolving
any construction trade, it shal] physically include in each subconlrac[ in excess of$IQ000 the
provisions of these specifications and[he notice which contains the applicable goals for minoriTy and
female participation and which is set forth in the solicitations from which this contract resulted.
c.If[he contractor is participating(pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by
the United States Depar[ment of Labor in the covered area either individually or through an
associatioq its affirmative action obligations on all work in the Plan area (including goals and
timetables)shall be in accordance with that Plan for those hades which have unions participating in
the Plan. Contractors must be able to demonstrate their participation in and compliance with the
provisions ofany such Hometown Plan. Each contractor or subcontractor participating in an approved
Plan is individually required ro comply with its obligations under the EEO clause,and to make a good
fai[h effort to achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors toward a goal in an approved Plan does
not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
d.The contractor shall implement[he specific a rmative action standards pmvided in Paragraphs 3gQ)
through 3g(16)ofthese specifications. The goals set forth in the solicitation from which this conhact
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the wntractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors performing
cons[ruction work in geographical areas where they do not have a Federal or federally assisted
construction contract shall apply the minoriTy and female goals established for[he geographical azea
where the work is being perfortned. Goals are published periodically in the Federal Register in notice
form,and such notices may be obtained from any Office of Federal Conhac[Compliance Programs
or from Federal procurement contracting officers. The contractor is expected to make substantially
uniform progress in meeting its goals in each craft during the period specified.
e.Neither the pmvisions of any collective bargaining agreement nor the failure by a union with whom
the contractor has a collective bazgaining agreement,to refer either minoriry or women shal(excuse
the contractor's obligations under these specifications, Executive Order I1246, or [he regulations
promulgated pursuant thereto.
In order for the nonworking training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and hainees must be employed by the contractor during the training period,
and the contractor must have made a commitment to emp(oy the apprenfices and trainees at the
comple[ion of their training, subject to the availability of employment opportwities. Trainees must
be trained pursuant to training programs approved by the United States Department of Labor.
g.The conhactor shal(take specific a rmarive actions to ensure equal employment opportunity. The
evaluation of the contractor's compliance with these specifications shall be based upon its effort to
FS-10
achieve maximum results from its actions. The contractor shalf document these effoRs fully,and shall
implement affirmative ac[ion steps at least as eactensive as the following:
1) Ensure and maintain a working environment free of harassment,intimidation,and coercion
a[all sites,and in all facilities at which the conhacror's employees aze assigned to work. The
contractoq where possible,will assign two or more women to each construction projec[. The
contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware oFand carry out the contractor's obligation ro maintain such
a working environment,with specific attention to minority or female individuafs working at
such si[es or in such facilities.
2) Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the contractor or its unions have employment opportunities available,and
maintain a record of[he organiza[ions'responses.
3) Maintain a current file of the names,addresses,and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment
source, or community organizafion and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referzal and was not
referred back to the contractor by the union oy if referred,not employed by the contracmr,
this shall be documented in the file with the reason therefor, a(ong with whatever additional
ac[ions the contractor may have taken.
4) Provide immediate written notification to the D'uector when the union or unions with which
the contracror has a collective bargaining agreement has not referzed ro the contractor a
minority person or woman sent by the contractor, or when the contracror has other
information that the union referral pmcess has impeded [he contractors efforts to meet its
obligations.
5) Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the conVactors employment needs,
especially those progams funded or approved by the Deparhnent of Labor. The conhactor
shall provide notice of these programs to the sources compiled under 3g(2)above.
6) Disseminate the contractor s EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the contractor in meeting i[s
EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc.; by specific review of the
policy with all management personne] and with all minoriTy and female employees at lease
once a year, and by posting the company EEO policy on bulletin boards acressible to a(I
employees at each location where construction work is performed.
7) Review,at least annually,[he companys EEO policy and afrirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment,
layoff; termination or other employment decisions including specific review of these items
with on-site supervisory personnel such as Superintendents, General Foremen,etc.,prior to
the initiation of constmction work at any job site. A written record shall be made and
maintained idenHfying the time and place ofthese meetings,persons attending subject matter
discussed,and disposition of the subject matter.
8) Disseminate the con[ractor's EEO policy externally by including it in any advertising in[he
news media, specifically including minority and female news media, and providing written
noti£cation to and discussing the contractor's EEO policy with other contractors and
subcontrac[ors wi[h whom the contrac[or does or an[icipates doing business.
FS-11
9) Direct its recruitment efforts, both oral and written, to minoriTy, female, and community
organirations; ro schools wi[h minoriTy and female students; and to minority and female
recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment sources,the contractor
shall send written no[i£cation to organizations such as the above, describing the opening,
screening procedures,and tests to be used in[he selection process.
10) Encourage present minoriry and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer, and vacation employment to
minority and female youth,both on the site and in other azeas of a contrac[or's work force.
l l) Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR Part 603.
12) Conduct, at least annual(y, an inventory and evaWation at least of all minority and female
persormel for promotional opportuni[ies and encourage these employees to seek or to prepare
for,tluough appropriate training,etc.,such oppor[unities.
13) Ensure that senioriry practices,job classificaHons, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment-related activities to ensure[hat the EEO policy and[he conhactor's obligations
under these specifications ue being carried out.
14) Ensure [hat all facilities and company activities are nonsegregated except that sepazate or
single-user toilet and necessary changing facilities shall be provided ro assure privacy
between the sexes.
IS) Document and maintain a record of all solicitations of offers for subcontracGs from minoriTy
and female construction conhactors and suppliers, incWding circulation of solicitations to
minoriTy and female contractor associations and other business associations.
16) Conduct a review,at least annually, of all supervisors'adherence to and pedormance under
Ihe contractor's EEO policies and affirmative ac[ion obligations.
h.Contractors are encouraged [o participate in voluntary associations which assist in fu(filling one or
moreoftheiraffirmativeactionobligations3g(1)through(16). Theeffortsofawntractorusociation,
joint mntractor-unioq contractorvcommunity, or o[her similaz group of which Ihe con[ractor is a
member and participant,may be asserted as fulfilling any one or more of its obligations under 3g(1)
tivough (16) of these specifications provided that the contractor actively participates in the group,
makes every effort to ensure that the group has a positive impact on the employment of minori[ies and
women in the industry, ensures that the concrete benefits of the program aze reflected in the
conhactor's minoriry and female work force par[icipation, makes a good faith effoR to meet its
individual goals and timetables, and can provide access to documentatio which demonstrates the
eBectiveness of actions taken on behalf of the contractor. The obligation to compty,however,is the
conhactor's,and failure of such a group to fulfill an ob(igation shal l not be a defense for the contractor's
noncompliance.
i.A single goal for minorities and a sepazate single goal for women have been established. The
contractor, however, is required to provide equa] employment opportunity and ro take affirmative
action for all minority goups,both male and female,and all womeq both minocity and non-minority.
Consequently, the contractor may be in violation of the Executive Order if a particular group is
employed in a substantially disparate manner(for example, even though the contractor has achieved
its goals for women generally,the contractor may be in violation of the Executive Order if a speci£c
minority group of women is underutilized).
FS-12
j.The contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race,color,religion,sex,or national origin.
k.The contractor shall not enter into any subconVact with any person or firm debarred from Government
contracts pursuan[to Executive order I 1246.
1.The conhactor shall carry out such sanctions and penalties for violation of these specifications and of
the Equal Opportunity Clause, including suspension, termination, and cancellation of existing
subconfracts as may be imposed or ordered pursuant to Executive Order l 1246,as amended, and its
implementing regulations,by the Office of Federal ConVact Compliance Programs. Any contrac[or
who fails to carry out such sanctions and penalties shal] be in viofation of these specifications and
Executive Order 11246,as amended.
m. The contracror, in fulfi(ling its obligations under these specifica[ions, shall implement specific
affirmative action steps, at least as e Rensive as those standards prescribed in Paragraph 3g of these
speci£cations, so as to achieve maximum resul[s from its effoRs to ensure equal employment
oppor[unity. If the contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Direc[or shall proceed in accordance with 41
CFR Part 60-4.8.
The contractor shall designate a responsible o cial to monitor all employment related activity to
ensure tha[the company EEO policy is being carried out,ro submit reports relating to the provisions
hereof as may be required by the Government and to keep records. Records shafl at least include for
each employee the name, address, telephone numbers, construction trade, union affiliatioq if any,
employee identification number when assigned, social security number, race, sex, stahs (e.g.,
mechaniq apprentice,lrainee,helpeq or laborer), dates of changes in status, hours worked per week
in the indicated trade,rate of pay,and locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form; however, to the degree that existing
records satisfy this requ'uement,contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be consWed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works Empbyment Act of 1977 and the
Community Development Block Grant Program).
p.The Director, from time to time, shal] issue goals and timetables for minority and female utilization
which shall be based on appropriate work force, demographic or other relevant data and which shall
cover construction projects or construction contracts performed in specific geographic areas. The
goals,which shall be applicable to each conshuction trade in a covered contractor's or subcontractor's
entire work force which is working in the azea covered by the goals and timetables,shall be published
as notices in the Federal Register,and shall be inserted by the contracting officers and applicants,as
applicable, in[he Notice required by 41 CFR 60-4.2. Covered cons[ruction wntractors perCorcning
construction work in geographical azeas where they do not have a Federal or federally assisted
constmction contract shal]apply[he minoriry and female goals established for the geographical area
where the work is being performed.
4. SPECIFIC EEO REQUII2EMENTS. For a federally assisted construc6on conhact in excess of$10,00Q the
contrac[odsubcontractor shall:
a. Forward the following EEO ceRifica[ion forms to the contract awazding au[hority prior to contract
award: Cer[ification ofNonsegregated Facilities and Certification with Regard to the Pedomiance of
Previous Contracts or SubconVacts Subject to the Equal Oppor[unity Clause and the Filing of Required
Reports.
FS-13
b.Submit a notification of subconhacts awarded to the Director,Office of Federal Contract Compliance
Progams,Uni[ed States Deparhnent of Labor-ESA,200 Constitution Avenue,NW,Room C3325,
Washingron,D.C.,20210,within 10 working days of award of any subconhact in excess of$10,000,
listing the name,address,and telephone number ofthe subwntractor;employer identification number,
estimated dollar amount of the subconMnct;estimated staRing and comple[ion dates of the subconhact;
and the geographical area in which the contract is to be performed.
c.Send a notice of the contractor's commitment to equal employment opportunity to labor unions or
representatives of workers prior to commencement of construction work.
d.Display an equal employment opportunity poster in a conspiwous place available to employees and
applicants for employment.
e.For contracts in excess of$10,00Q bind subconhactors to the Federal equaf employment opportunity
requirements by inclvding the provisions of Paragraphs 1 through 3,above,in the subcontract.
f.Upon commencement of constmction work and until the work is completed, forward the Monthly
Employment Utilization Report(Form CC-257)ro the contract awarding authority by the end of each
work mon[h. With[he initial monthly report,the conhactodsubcontracror shall attach the Conhacror's
List of Federal and Non-Federal Work in Bid Condition Area to the mon[hly report.
5. CIVII,RIGHTS ACT OF 1964. Under TiHe VI of the Civil Rights Act of 1964,no person shall,on the gcounds
of race,color,or national origin,be excluded from participation in,be denied the benefits of,or be subjected
to discrimination under any program or activity receiving Federal financial assistance.
6. SECTION 109 OF TI-IE HOUSING AND COMMLINII'Y DEVELOPMENT ACT OF 1974. No person in
the United States shall on the grounds of rue,cofor,nationa] origin, or sex be excluded from partici-pation
in,be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole
or in part with funds made available under this Htfe.
FS-14
CITY OF ORANGE
SECTION 3
AFFIRMATIVE ACTION PLAN
AUTHORITY:
This Section 3 Affirma[ive Action Plan has been prepared pursuant to regulations established in the Secretary of
Housing and Urban Development Act of 1968 (24 CFR 135.7Q October 23, 1973).
PURPOSE:
The purpose of this plan is to outline the process the City of Ornnge will follow so that to the greatest eactent feasible
employment opportunities will be given to low and moderate income residents and procurement opportunities for
CDBG funded wntracts awards be given to local businesses.
DEFINITION OF TERMS:
1. Low and Moderate Income Residents:My individua(residing within the City limits of the City of Orange
whose household income does no[exceed 80%of the CiTy's median family income.
2. Local Business Concerns:Those businesses eligible for CDBG contract awazds and]ocated within the City
limits of the City of Orange.
3. Contractor.Any entity which perfoans work in connection with a Section 3 covered project.
4. Sub-Contractor.Any entity(other than a person who is an employee of the conhactor)which has agreed or
arranged with a conhactor to undertake a portion of the conhactor's obligation or performance of work in
connection with a Section 3 covered project.
5. Section 3 Covered Proiect:My project,wntract,and any sub-contract connected with programs
administered by the Secretary of Housing and Urban Development.
Projects admrnistered under Section 235 and 236 of the National Ho:sing Act, as well ar public hoe sing
program which does not exceed$500,000 in estima[ed costs, are exemp[from the req:irement oeUlrned in lhis
A rmative Action Plan.Arry snb-cond acts oj$50,000 or/ess on such projecls or contracts rn excess oj5500,000
are also exempt from Section 3 reqa iremenls).
BIDDING CONTRACTOR'S RESPONSIBILITIES:
Section 3 requires tha[each contractor and sub-conVac[orperforming work on a Section 3 covered project are required
by 24 CFR Part 135 to establish that a good faith effort has been made to fill all training positions with low and
moderate income residents and to provide business opportunities to firms located in the City. To comply with these
requirements,the contractor and/or the sub-contractor shall,at a minimum,perform the following:
1. Prepare a preliminary statement of work force needs(skilled,semi-skilled,unskilled labor,and trainees by
category)where Imown,where not known;such information is ro be supplied prior to the signing of any contracts
between contractors and their sub-contractors.This information is to be listed as in the format on Form CD-9.
2. Set forth the approximate number and dollar value of all contrac[s proposed to be sub-contracted to business
firms within the City.This information shall be listed on Form CD-8
FS-15
3. Solicit,to the greatest extent feasible,to employ low to moderate income residents and provide business
opportunities to business firms within the City.This solicitation shall include,but not necessarity be limited to,
advertisements in a newspaper of curzent circulation,posting of notices in]ocal union halfs,and posting notices in
areas of local assembly.
AWARDED CONTRACTOR'S RESPONSIBILITIES
The City will award the contract to the lowest responsible bidder whose proposal complies with all the requiremen[s
in[he bid package.The awarded contractor will be required[o fulfill[he componen[s of this Section 3 Plan to the
grea[est extent feasible.At a minimum,the contractor and all the sub-contractors shall:
L Appoint an Affirmative Action O cer who is to be responsible for the maintenance of records and data
collection pursuant to this plan and provide CiTy representatives with such information when requested.Form
CD-5 is to be filled out and submitted to the City for future reference.
2. Maintain a list of all low and moderate income residents who have applied either on their own or on refemal
from any source,and employ such persons,if otherwise eligible and if a trainee vacancy eacists.If the
con[ractor or sub-contractor have no vacancies,the applicant,if otherwise eligible,shall be listed for the
first available vacancy.
3. Provide the Ciry with a detailed narrative of the efforts qken to comply with these requirements,in the event
that no low or moderate income residents are employed or no local business concems are sub-contracted.
C TY'S RESPONSIBILTTIES:
The City of Orange shall facilita[e the contractor's compliance with the Section 3 Affirmative Action Plan by
pedorming,at a minimum,the following:
1. The City shall develop and maintain a mailing list of (ocal business concems interested in receiving
information regarding CDBG funded pmjects. These firms shall be sent a speciaf notice that the City Council
of the City of Orange has authorized the project, and they may procure [he bid application packages at the
designated location.Each firm is responsible for the cost of bid package.
2. The City shall develop and main[ain a registry of interested local business concerns which may be utilized as
poten[ial sub-con[rac[ors or vendors to the general contracror.This regishy shall be made available to the
general contractor.
It is the policy of the City of Orange,to provide equal employment opportunity to all persons, and all services
contracted wt by the City are obligated to compty with the same equal employment opportuniTy standards.
Informa[ion and records tegarding the implementation of this Affirmative Action Plan will be made
available[o City Officials upon request.
FS-16
CITY OF ORANGE
SECTION 3 AFFIRMATIVE ACTION PLAN
PROCESSFLOW CHART
OBJECTIVES:
1. To provide employment opportunities to low and moderate income residents through CDBG funded projects.
2. To provide opportunities for CDBG conhact awards to Ciry businesses,particularly those firms located in
low and moderate income areas.
A. City Council approves CDBG funded project.
B. City sends special notices to local businesses whom have expressed such an interest.
C. Call for Projects Process
L Interested conhactors procure bid packages and develop
proposals.
2.Prepaze preliminary statement of work force needs.
3.Prepare statement of sub-conhact needs and set target amounts
for sub-contracts to In-City Businesses.
4.Advertise for employment and business opportunities.
5.Present proposal to appropriate CiTy Staff at designated time
and place.
D. Awarding Process
1. City selects bid and awazds a conhact.
2. Awarded mntractor designates Affirmative Action Officer.
3. Affirmative Action Office maintains list of low and moderate
income residen[s whom have applied fo positions when no
trainee vacancy exists.
4. Contractor provides a detailed narra6ve of actions taken to
implement A rmative Action Plan if he is unable to employ
low and moderate income residents or awards sub-contracts to
local business concems.
FS-17
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the consiruction work 7) The work to be per(ormetl by the classification
covered by this contract pertains is being assisted by the requested is not performed by a classificatlon in ihe wage
Unitetl States of America and ihe following Federal Labor determina[ion; and
Standards Provisions are included in this Contractpursuant
y) Theclassificationisulilizedintheareabytheconslruction
totheprovisionsapplicable osuchFederal assis[ance.
industry; and
A. 1. (i) Minimum Wages. All laborers and mechanics
3) The proposed wage rate, including any bona (ideemployedorworkinguponlhesiteo! the work, will be paid fringe benefits, bears a reasonable relationship to ihe
unconditionally and not less often than once a week, and
age rates contained in [he wage determination.
without subsequent tletluction or rebate on any account
except such payroll deductions as are permilted by b) If the conlractor and the laborers and mechanics lo be
regulations issued by the Secretary of Labor under the employed in the classifica ion (if known), or their
Copeland Act (29 CFR Parl 3), the full amount of wages representatives, and HUD or its designee agree on the
and bona fide fringe bene(its (or cash equivalents ihereaf) classificalion and wage rate (including ihe amount
due at time of paymeM computed at rales not less than designated for fringe benefits where appropriate), a report
those contained in the wage determination of the of the action taken shall be sent by HUD or its designee to
Secretary of Labor which is attached hereto antl matle a the Administrator of the Wage and Hour Division,
part hereo(, regardless of any coniractual relationship Employment Stantlartls Atlministration, U.S. Depariment of
which may be alleged to exist between the conUactor and Labor, Washington, D.0. 20210. The Administrator, or an
such laborers and mechanics. Contributions made or authorizetl representative, will approve, motlify, or
costs reasonably anticipated for bona fide fringe benefits disapprove every additional classification action within 30
untler Sec ion I(b)(2) of lhe Davis-Bacon Act on behalf of days of receipt and so advise HUD or its tlesignee or will
laborers or mechanics are considered wages paid to such notify HUD or its designee within the 30-day period that
laborers or mechanics, subject lo the provisions of 29 CFR additional time is necessary. (Approved by the Otfice of
5.5(a)(i)(iv); also, regular coniributions made or costs Management and Budget untler OMB conirol number 1215-
incurretl for more than a weekly period (but not less often 0140.)
ihan quarterly) under plans, funds, or programs, whichcover c) In the event the contrector, the laborers or mechanics
iheparticularweeklyperiod, aretleemedtobeconstructively o be employed in ihe classification or their
made or incurred during such weekly period. representa[ives, and HUD or its designee do not agree on
Such laborers antl mechanics shall be paid the appropriate the proposed classification antl wage rate (including the
wage rate and fringe benefits on the wage determination amount designated for fringe benefits, where appropriate),
for the classification of work actually performetl, without HUD or its designee shall refer the questions, including the
regard to skill, except as provided in 29 CFR 5.5(a)(4). iews of all interestetl parties and the recommendation o!
Laborers or mechanics performing work in more than one HUD or its designee, to the Administrator for determination.
classification may be compensated at ihe rate specified for TheAdministrator,oran authorizetl representative,will issue
each classification for the time actually worked lherein: atleterminationwithin30daysof receipt and so advise HUD
Provided, That the employer's payroll records accurately or its designee or will notifyHUD or its designee within
set torth the lime spent in each classification in whichwork he 30-day period that atltlitional time is necessary.
is performed. The wage determination (including any ApprovedbytheOfficeofManagement antl Budge untler
additional classi(ication and wage rates conformed under OMB Control Number
29 CFR 5.5(a)(7)(ii) and ihe Davis-Bacon poster (WH- Z 5-0140.)
1321) shall be posted at all times by the conlractor antl its tl) The wage rete (including (ringe benefits where
subcontreetors at the site of ihe wark in a prominent and appropriate) determined pursuant to subpara9raphs
accessible, place where it can be easily seen by the 1)(ii)(b) or (c) o( this paragraph, shall be paid to all
workers. workers performing work in lhe classification under this
ii) (a) Any class of laborers or mechanics which is not coniract trom the first day on which work is performed in
listed in the wage tletermination and which is to be the classification.
employedunderthecontractshallbeclassifiedinconformance iii) Whenever the minimum wage rate prescribed in the
with the wage determination. HUD shall approve an contract for a class of laborers or mechanics includes a
additional classi(ication and wage rate and fringe benefils tringe bene(it which is not expressed as an hourly rale, lhe
heretor only when lhe following criteria have been mel: conirac or shall either pay the benefit as stated in the wage
tleterminationorshallpayanotherbonafidefringe bene(il or
an hourly cash equivalent thereot.
iv) If the contractor does not make payments to a lrustee
or olher lhird person, lhe contrecto may consitler as part
Previous editions are obsolete Page 1 of 5 fortn HUD-0070(06l2009)
ref.Hand600k 1344.1
ofthewagesofanylaborerormechanictheamountofanycosts communicated in writing to the laborers or mechanics
reasonably anticipated in praviding bona fitle fringe benefits atfected, and records which show the costs anticipated or
under a plan or program, Provided, That the Secretary theactualcostincurretlinprovidingsuchbenefits.Contractors
of Labor has fountl, upon ihe writlen request ot ihe employing apprentices ortrainees untler approved programs
contrector, that the applicable standards of the Davis- Bacon shall maintain written evidence of the registration of
Acl have been met. The Secretary of Labor may require apprenticeship programs and certification of irainee
theconUactortosetasitleinasepareleaccountasselsforihe programs,theregisirationo(theapprenticesandtrainees,and
meeting otobligations underthe plan or program. (Approved the ratios and wage retes prescribed in the applicahle
by the Office of Management and Budget under OMB programs. (Approved by the Office of Management and
Control Number 1215-0140.) Budget untler OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an authorized li) (a) The contractor shall submit weekly for each week
representative ot the Department of Labor withhold or in which any contract work is performed a copy ot all
cause to be withheld from ihe contraclor under this payrolls to HUD or its designee i( the agency is a party to
contract or any other Federal con[ract wi h the same prime thecon[ract,butiftheagencyisnotsochaparty,lhe contractor
contractor, or any other Fetlerelly-assisted contract will submit the payrolls to the applicant sponsor,or
subject to Davis-Bacon prevailing wage requirements, owner, as lhe case may be, for iransmission to HUD or its
which is held by the same prime coniractor so much o! he designee. The payralls submiited shall set out accurately
accruetl payments or advances as may be considered and completely all ot Ihe information required o be
necessary to pay laborers and mechanics, including maintainetl under 29 CFR 5.5(a)(3)(i) except Ihat tull social
apprentices, trainees and helpers, employed by the securitynumbersandhomeaddressesshallnotbeinclutletlon
conlractor or any subconiractor the full amount of wages weekly transmittals. Instead the payrolls shall only need to
required by the con ract In ihe event of failure to pay any include an individually identifying number tor eachemployee
laborer or mechanic, including any apprentice, rainee or e.g., the last four tligits of the employee's social security
helper, employed or working on ihe site of the work, all or number). The required weekly payroll
part of he wages required by the contract, HUD or its information may be submittetl in any form desired.
designee may, after writien no[ice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, ake such action as may be the Wage and Hour Division Web sile at
necessary to cause the suspension o( any further http//www.dol.aov/esa/whd//orms/wh347instr.htm or its
payment, ativance, or guarantee of funds until such successor site. The prime coniractor is responsible for the
violalions have ceased. HUD or its designee may, a(ter submission of copies of payrolls by all subcontrectors.
writ[en notice to ihe contrector, disburse such amounts Contrec ors and subcontrectors shall maiNain the full
wi[hheld tor and on account of the contractor or social security number antl current eddress of each
subcontrec or to lhe respective employees to whom they coveretl worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if ihe agency is a party to the
disbursements in lhe case o( tlirect Davis-Bacon Act . contract, but it ihe agency is not such a party, the
contracts. coniractor will submit the payrolls to the applicant
3. (i) Payrolis and baslc recortls. Payrolls and basic sponsor,orowner,asthecasemaybe,fortransmissiontoHUD
records relaling thereto shall be maintained by the or its designee, the contractor, or the W age and Hour
contractor tluring the course ot the work preserved for a Division of ihe Department of Lahor for purposes of an
period of three years lhereafter for all laborers and nvestigation or audit of compliance with prevailing wage
mechanics working a the site of the work. Such recortls requiremenis. Il Is not a violation o( ihis subparagraph for
shall contain lhe name, atldress, antl social securily a prime coniractor to require a subcontractor to provitle
number of each such worker, his or her correct addresses antl social secuNry numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs an icipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis-bacon Act), daily and z 5-0149.)
weekly number o! hours worketl, tletluctions made and b) Each payroll su6mitted shall be accompanied by a
actual wages paid. Whenever the Secretary o( Lahor has Statement of Compliance,° signed by lhe contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontrector or his or her agent who pays or supervises
laborer or mechanic include ihe amount of any costs ihe payment of the persons employed under Ihe cantract
reasonably anticipated in providing benefits under a plan and shall certify ihe following:
or program described in Section I(b)(2)(B) of ihe Davis- That the payroll for the payroll period contains the
BaconAct, thecontrectorshallmain[ainrecortlswhichshow Informationrequiredtobeprovidedunder29CFR5.5(a)(3)(ii),
thal ihe commitment to provide such benefi[s is enforceable, he appropriate information is being malntalned under 29 CFR
thatiheplanorprogramisfinanciallyresponsible, and that 5.5(a)(3)(i), and that such intormation Iscorrect and
the plan or program has been
complete;
2) That each laborer or mechanic (inclutling each helper, is not registered or otherwise employed as stated above,
apprentice, and ireinee) employed on the contract tluring shallbepaidnotlessthantheapplicablewagerateonthewage
the payroll periotl has 6een paid ihe full weekly wages determinationfortheclassificationofworkactuallyperformed.
earnetl, without rebate, either directly or indirectly, and ihat In addition, any apprentice per(orming work on thejoh site in
no deductions have 6een made either directly or excess of the ralio permilted under the registeretl program
intlirectly from the full wages earned, olher than permissible shall be paid not less than ihe applicable wage rale on
deductions as set forth In 29 CFR Part 3; ihe wage determination for lhe work actually performed.
3) That each laborer or mechanic has been paid not less Whereaconiractorisperforming construction on a project in
a locality other lhan that inwhich its program is registered,than the applicable wage rates and fringe benefits or cash
the re[ios and wage rates (expressed in percentages ot
equivalents for the classification of work pertormed, as
the Journeyman's hourlyrate)specifiediniheconiractor'sorspecifiedintheapplicablewagedeterminalionincorporatetl
subcontractor's registered program shall be observed.into he contract.
Every apprentice must be paid at not less than ihe rate
c) The weekly submission of a properly executed specifietl in the registeretlprogramfor heapprentice'slevel
certification set forth on ihe reverse side o! Optional Form of progress, exDressed as a percentage of the journeymen
WH-347 shall satisfy the requirement for submission of the hourlyratespecified in the applicable wage determination.
Siatement of Compliance" required by subparagraph Apprentices shall be paid frin9e benefits in accordancewilh
A.3.(ii)(b). the provisions o! the apprenticeship program. If ihe
tl) The falsification of any of the above certifications may apprenticeship program does nol speci(y fringe benefits,
subject the contrector or subconUactor to civil or criminal apprentices must be paid the full amount of fringe benefits
prosecution under Section 1001 of Title 18 and Section listetl on the wage tletermination tar the applicable
231 0(Title 31 of the Unitetl States Code. classification. If the Administretor determines that a
iii) The conlractor or subcontrector shall make the different practice prevails for ihe applicable apprentice
records required untler subparagraph A.3.(i) available for classification, tringes shall be paid in accordance with that
inspection, copying, or lranscrip[ion by authorized determination. In the event the Otfice of Apprenticeship
representatives of HUD or its tlesignee or the Department Training, Employer antl Labor Services, or a State
of Labor, antl shall permit such representatives to PPrenticeship Agency recognizetl by the Office,
interview employees during working hours on [he job. If withdraws approval of an apprenticeship progrem, the
ihe coniractor or subcontrector fails to submit ihe required contractor will no longer be permitted to utilize
records or to make them available, HUD or its designee appren ices at less than the applicable predetermined rate
may, atter written no ice to the contrector, sponsor, for ihe work performed until an acceptable program is
applicant or awner, take such action as may be necessary
approved.
to cause the suspension of any furiher payment, advance, ii) Trainees. Except as provided in 29 CFR 5.16,
or guarentee of funtls. Furthermore, failure to submit the trainees will not be permitted to work at less lhan the
required rewrds upon request or to make such records predelerminetl rate for the work per(ormed unless they are
available may be grounds for deharment action pursuanl to employedpursuant',oantlindividuallyregisteretlinaprogrem
29 CFR 5.12. which has received prior approval, evidenced by formal
4. ApprenticesantlTralnees, certificationbytheU.S.DepartmentofLabor,Employmentantl
TfainingAdminis ration. Thefati0oftraineeStOJoumeymen
q Apprentices. Apprentices will be permitted to work at
on the job site shall not be greater ihan permitted under
less than the predetermined rate for Ihe work ihey the plan approved by the Employment and Training
performetl when they are employetl pursuant to antl Adminisiration. Every trainee must be paid at not less
Indlvidually registered in a bona fide apprenticeshipprogram
than ihe rate specified in the approved program tor ihe
registeredwithiheU.S.DepartmentofLabor,Employmentand trainee'slevelofprogress, expressetlasapercentageo(the
Training Adminisiration, Office of Apprenticeship Training, journeyman hourly rate specified in the apP icable wage
EmployerandLaborServices,orwith a State Apprenticeship dete mination. Trainees shall be paitl fringe benefits in
Agency recognized by lhe Otfice, or if a person is
accordance with Ihe provisions of the irainee program. If
employed in his or her first 90 days of prabationary the trainee program tloes not mention fringe benefits,
employment as an apprentice in suchan apprenticeship trainees shall be paidthefullamountoffringebenefitslistetl
program, who is not indivitlualty registered in the program, onthewage tletermination unless the Administralor of lhe
but who has been certified bytheOfticeofApprenticeship y,age and Hour Division determines that there is an
Training, Employer and Labor Services or a State
apprenticeshipprogram associated with the corresponding
ApprenticeshipAgency(whereappropriate) to be eligible for
journeyman wage rate on the wage tletermination which
probationary employment as an apprentice. The allowable
provides for less than full frin e benefits for a
ratio of apprentices to
9 pprentices.
Any employee lis[ed on the payroll at a trainee rate who is not
journeymen on the job site in any craft classification shall registered and participating In a treining plan approved by
not be greater than the ralio permitted to the contractor as
to the entire work force under the registeretl program. Any
worker listed on a payroll al an apprentice wage rate, who
the Employment and Training Adminisiration shall be paid awardetl HUD con racis or participate In HUD programs
not less than the applicahle wage rate on ihe wage pursuant to 24 CFR Part 24.
tletermination for the work actually pertormed. In addition, li) No part of this contract shall be subcontracled to any
any trainee performing work on the jo6 site in excess of person or firm ineligible (or awartl of a Government
ihe ratio Dermitted under the registered program shall be coniract by virtue o( Section 3(a) of the Davis-Bacon Act
paid not less ihan the applicable wage rate on the wage or 29 CFR 5.12(a)(i) or to be awarded HUD contrects or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment antl Training Administretion
The penalty for making false statements is prescribetl
withtlraws approval ot a lraining proqrem, lhe contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Atlditionally,will no longer be permitted to utilize trainees at less than U.S. Criminal Code, Section 1 01 0, Title 78, U.S.C.,
the applicable pretletermined rate for the work performed Federal Housing Administration iransactions°, provitles in
until an acceptable program is approvetl.
part: "Whoever, for the purpose of . . . influencing in any
iil) Equal employment opportunity. The utilization of way ihe action of such Administratlon..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes eny statement knowing ihe same o be false.....
shall be in conformity with the equal employment shall be tined not more ihan $5,000 or imprisoned not more
opportunily requirements o( Executive Order 11246, as than lwo years, or both.°
amendetl, an0 29 CFR Part 30.
Complaints, Proceedings, or Testimony by
5. Compliance with Copelantl Act requfrements. The Employees. No laborer or mechanic to whom he wage,
contractor shall comply with he requirements ot 29 CFR salary, or other labor standards provisions of this Contracl
Part 3 which are incorporated by reference in this contract are applicable shall be tlischargetl or in any other manner
6. Subcontracts. The contractor or subcontraclor will discriminated against by the Contractor or any
insert in any subcontrects the clauses contained in subconiractor because such employee has filetl any
subparagraphs 1 through 11 in this paragraph A antl such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
insiructions require, antl a copy of the applicable proceetling untler or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Coniract to his employer.
subcontractors to inclutle these clauses in any lower ier B. Contrect Work Hours and Safety StantlarCs Act The
subcontracts. The prime contrac[or shall be responsible provisions af this paragraph B are applicable where the amount of the
tor the compliance by any subcontractor or lower tier pnme contract exceetls $100,000. As used in this paragraph, [he
subcontractor with all the contract clauses in ihis tertns"laborers"and"mechanics"includewatchmenandguards.
paragraph. 1) Overtime requirements. No contractor or subcon[ractor
7. Contract termination; debarment. A breach ot the coniractingforanypartofthecontractxrorkwhichmayrequireorinvolve
coniract clauses in 29 CFR 5.5 may be grounds for Ihe employment o( laborers or mechanics shall require orpermit
terminationofihecontractandfordebarment as a anysuchlaborerormechanicinanyvrorkvreekinwhichtheintlivitlualis
contractor and a subcontractor as provided in 29 CFR employedonsuchwoflc oworkinexcessof40hoursinsuchworkweek
5.2. unless such laborer or mechanic receives compensation at a rate not
e. Compliance with Davis-eacan antl Relatetl Act Requirements. less ihan one and one-half times ihe basic rate o( pay (or alI hours
All rulings and interpretations of the Davis-Bacon and worked in excess of 40 hours in suchworkweek.
Related Acts contained in 29 CFR Parts 1, 3, and 5 are 2) Vlolation; Ilabllity for unpald wages; Iiquitlatetl
herein incorporatetl 6y reference In this coniract tlamages. In [he event of any violation ot the clause sel
9. Disputes concerning labor stantlartls. Disputes forth in subparagraph (1) of this paragraph, ihe contractor
arising out ot the labor standards provisions of this antl any subcontractor responsible therefor shall be liable
conlract shall not be subject to the general disputes Por Ihe unpaid wages. In addition, such contractor and
clause of this contract. Such disputes shall be resolved in subcontractor shall be liable to the United States (in the
accortlance with lhe procetlures of lhe Depariment of case of work tlone under contract for the Distric[ o(
Labor set torth in 29 CFR Parts 5, 6, and 7. Disputes within Columbia or a territory, o such District or to such
ihe meaning of this clause include disputes between the terrilory), tor liquidated damages. Such liquidated
contrector (or any of its subcontractors) antl HUD or its damages shall be computed with respect to each individual
designee, the U.S. Department of Labor, or Ihe laborer or mechanic, including watchmen and guards,
employees or their representalives. employetl in violation of lhe clause set forlh insubparagraph
10. (i) Certlficatlon of Elfgihility. By entering into ihis af this paragraph, inthesumof$10foreachcalendar tlay on
contract ihe contrector certifies that neither it (nor he or ch such individual was required or peimifled tovrorkinexcessof
she) nor any person or firm who has an interest In the he stantlard vmrkweek of 40 hours withoui payment of ihe otreNme
contractor's firm is a person or firm ineligible to be 9es required by the clause set torth in sub paragraph (1)
awarded Government contracts by virtue of Section 3(a) of of ihis paragraph.
lhe Davis-Bacon Act or 29 CFR 5.12(a)(7) or to be
3) Withholding for unpaid wages and ifquidated
damages. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Depariment of Labor withhold or
cause to be wilhheld, from any moneys payable on
account of work performed by the contrector or
su6contrec or untler any such contract or any other
Federal contract with the same prime conirect, orany
other Federelly-assistetl contract subject to the Contract
Work Hours and Sately Standartls Act which isheldby
thesameprimecontrectorsuchsumsasmaybe determined
to be necessary to satisfy any liabilities of such
contractor or subcontractor (or unpaid wages and
liquidated damages as provided in the clause set forth in
subparegraph (2) of this paragraph.
4) Subcontracts. The contrector or subcontrector
shell inseri in any subconlracls ihe clauses sel forth in
subparagraph (1) through (4)of ihis paragraph and also a
clause requiring ihe subconirectors to include Ihese
clauses in any lower tier subcontracts. The prime
conlractor shall be responsible tor compliance by any
subcontractor or lower tier subcontrector wi[h ihe
clauses set forth in subparegraphs (1) through (4) o(
this paregraph.
C. Health and Safety. The provisions of ihis para9raph C
are applicable where the amount of the prime wntracl ezceeds
100,000.
1) No laborer or mechanic shall be required o work in
surroundings or untler working conditions which are
unsanitary, hazardous, or dangerous to his healih
and safety as determined under construction safety and
health stantlards promulgated by lhe Secretary of Labor by
regulation.
2) The Contractor shall comply wiih all regula ions
issuetl by ihe Secretary of Labor pursuant to Title 29
Part
1926 and (ailure to comply may result in imposition o(
sanctions pursuant to the Contrect Work Hours antl
SafetyStandafd5 Act, (Public Law 91-54, 83 S[al 96).
40 USC
3701 et s
s
3) The contractor shall include the provisions of this
paragraph in every subcontracl so that such provisions
will be binding on each subconlractor. The cantractor
shall take such action with respect to any subcontrector as
the Secretary of Housing and Urban Development or
the Secretary of Labor shall direct as a means of
enforcing such provisions.
I have read this required information regarding the fair labor standards provisions which is evidenced by my signature.
Signature
Date
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED"ANT4HICKBACK ACT" AND REGULATIONS PROMULGATED
PORSUANT THERETO BY THE SECRETARY OF LABOR,
ONITED STATES DEPARTMENT OF LABOR
TITLE 1S,U.S.C.,sectiou 874
Replaces section I of the Act of June 13,1934(48 Stat.948,40 U.S.C.,
sec.276b)pursuant to the Act of June 25,1948,62 Stat.862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever,by force,in[imidatioq or[hreat of prowring dismissal from employment,or by any other manner whatso-
ever induces any person employed in[he conshuction,prosecution,completion or repair ofany public building,public
work,or building or work financed in whole or in part by loans oc grants from the United Sta[es,to give up any part
of the compensation to which he is entitied under his contract of emp(oyment,shall be fined not more than$5,000 or
imprisoned not mor(-than five yean,or both.
SECTION 2 OF THE ACT OF NNE l3, 1934,AS AMENDED
48 Stat.945,62 Stat.862,63 Stat. 108,72 Stat 967,40 U.S.C.,sec.276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the
cons[mc[ion, prosecution, completion or repair of public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States,including a provision that each contractor and subcontractor
shall fumish weekly a statement with respect to the wages paid each employee during the preceding week. Section
1001 of Title 18(United States Code)shall apply to such statements.
xxx--
Pursuant to the aforesaid Mti-Kickback Act,the Secretary of Labor,United States Departmen[of Labor,has promul-
gated the regulations hereinafter se[ forth, which regula[ions are found in Tide 29, Subti[le A, Code of Federal
Regulations,Part 3. The term "this part," as used in the regulations hereinafter se[ forth, refers to Part 3 last above
mentioned. Said regulatiotis are as follows:
TITLE 29-LABOR
Subtitle A-Omce of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON POBLIC BUILDING OR PUBLIC WORK
FINANCED IN NHOLE OR IN PART BY LOANS OR GRANTS FROM THE ONITED STATES
Sec[ion 31 Purpose and scope.
This part prescribes"anti-kickback"regulations under section 2 ofthe Act ofJune 13. 1934,as amended(40
U. S. C.276c),populazly known as the Copeland Act This par[applies to any conhact which is subject to Federal
wage standards and which is for[he construction,prosecution,completion,or repair of public buildings,public works
or buildings or works financed in whole or in part by loans or grants from the united States. The part is intended to
aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing wi[h
Federafly assisted construction that contain similar minimum wage provisions,including those provisions; which are
not subject to Reorganizafion Plan No. 14
e.g.,the College Housing Act of 195Q the Federal Water Pollution Control Act,and the Housing Ac[of 1959),and
iii the enforcement ofthe overtime provisions ofthe Contract Work Hours Standards Act whenever they aze applicable
o construction work. The part details Ihe obligation of con[ractors and subcontrectors relative to the weekly
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submission of statements regazding the wages paid on work covered thereby; sets forth the circumstances and
pmcedures goveming the making of payroll deductions from the wages of those employed on such work; and
delineates[he methods of payment permissible on such work.
Section 3.2 Definitions.
As,used in the regulations in this part:
a) The terms "building" or "work" generally include construction activity as distinguished from
manufacturing, fumishing of materials, or servicing and maintenance work The terms include, without limitation,
buildings, stmctures„ and improvements of all types, such as bridges, dams, plants, highways, pazkways, sheets,
subways,tunnels,sewers,mains,power.lines,pumping staUons,railways,airports,terminals,docks,piers,wharves,
waterways, ligh[houses, buoys, jetties, breakwaters, levees, and canals; dredging shoring, scaffolding, drilling,
blasfing,excavating clearing,and landscaping. Un(ess conducted in connection with and at the site ofsuch a building
or work as is described in the foregoing sentence, the manufacture or furnishing of materials, artic(es, supplies, or
equipment(whether or not a Federal or State agency acquires title to such materials,articles,supplies,or equipment
during the course of the manufac[ure or fumishing, or owns the materials from which they are manufactured or
fumished)is not a"building"or"work"within the meaning of the regulations in this part.
b) The terms "constructioq" "prosecu[ion," "completion," or "repair" mean all types of work done on a
particular building or work at the site thereof, including, without limitatioq altering, remodeling, painting and
decorating, the transporting of materials and supplies to or from the building or work by the employees of the
construction conhactor or construction subcontracror, and the manufacturing or fumishing of materials, aRicles,
supplies, or equipment on the site of the building or work, by persons employed a[ [he si[e by the contracror or
subcontractor.
c) The terms "public budding" or "public work" incWde building or work for whose construction,
prosecution, completion, o repair, as defined above, a Federal agency is a conhacting party,regardless of whether
title thereof is in a Federal agency.
d)The term "building or work financed in whole or in part by loans or grants from the"United States"
includes building or work for whose conshvction, prosecution,completion, or repair, as defined above,payment or
part paymen[is made directty or indirectly @om funds provided by loans or grants by a Federal agency. The term
does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance.
e) Every person paid by a contractor or subwntractor in any manner for his labor in the cons[mction,
prosecutioq completion,or repair of a public building or public work or building or work financed in whole or in paR
by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual
relationship alleged to exist behveen him and the real employer.
The term"any a liated person"includes a spouse,child,parent,or other cbse relative of the conhactor
or sub-conhactor; a par[ner or officer of the contractor or subcontractor, a corporation cfosety connected with the
contractor or subcontractor as parent,subsidiary or otherwise,and an officer or agent of such corporation.
g) The term "Federal agency" means the United States, [he District of Columbia, and all executive
departments, independent establishments, administrative agencies, and instrumentalities of the united States and of
the Distric[of CoWmbia,including corporations,all or substantially all ofthe stock ofwhich is beneficially owned by
the United States, by the Distric[of Columbia, or any of the foregoing deparhnents, establishments, agencies, and
instrumentalities.
Section 3.3 Weekly statement with respect to payment af wages.
a)As used in this sectioq the term"employee"shall not apply to persons in classifications highe than that
of laborer or mechanic and those who are Ihe immediate supervisors of such employees.
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b) Each contrac[or or subcon[ractor engaged in the construction, prosecutioq completion,or repa'v of any
public building or public work, or building or work financed in whole or in part by loans or grank from the United
State, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work
covered by 29 CFRPar[s 3 and 5 during the preceding week(y payroll period.This statement shall be executed by the
contractor or the subcontractor or by an authorized officer or an employee of the mntractor or subcontractor who
supervises the payment ofwages,and shall be on Form WH-348,"Sta[ement of Compliance",or on an identical form
on the back of WH-347,"Payroll(for contractor's optional use)"or on any form with identical wording.Sample copies
of Form WH-347 and WH-348 may be obtained from the Govemment con[racting or sponsoring agency,and copies
of those forms may be purchased at the Govemment printing office.
c) The requirements of this section shall not apply to any convact of $2,000 or less.
d)Upon a written finding by the head of a Federa]agency,the Secretary of Labor may provide reasonable
limitations,variations,tolerances,and exemptions from the requirements of this section subject to such conditions
as the Secre[ary of Labor may specify.
29 F.R.95,Jan.4. 1964,as amended at 33 F.R. 10186,July 17, 1968]
Section 3.4 Submission of Weekly statements and the preservation and inspection of weeWy payroll records.
a) Each weekly statement required under § 33 shall be delivered by the contractor w the subcontractor
within seven days after[he regular payment date of the payroll period,to a representative of a Federal or State agency
in charge at the site of the building or work,oq if there is no representative of a Federal or State agency at[he site of
the building or work, the statement sha(I be mailed by the contractor or the subcontractoy within such time, to a
Federal or State agency contracting for or financing the building or work.After such examination and check as may
be made,such statement;or a copy thereof shall be kept available,or shall be transmitted together with a report of any
violation,in accordance with applicable procedures prescribed by the United States DepaRment of Labor.
b) Each contracmr or subcontractor shall preserve his weekly payroll records for a period of three years
from the date of completion of contract. The payroll records shall set out accurately and completely the name and
address of each laborer and mechanic,his wrrect classification,rate of pay,daily and weekly number ofhours worked,
deduc[ions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by
the con[racting officer or his authorized representative,and by authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval otthe Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor.
a)My deductions made in compliance with[he requiremen[s of Federal,S[ate,or bcal law,such as Federal
or State withholding income ta ces and Federal Social Security Ta es.
b) Any deduc[ion of sums previously paid to employees as bona fide payment of wages when such
prepayment is made without discount or interest A"bona fide payment of wages"is considered to have been made
only when cash or its equivalent has been advanced to person employed in such manner as to give him complete
freedom of disposition of the advanced funds.
c)My deduction of amounts required by court proress to be paid to another,unless the deduction is in favor
of the contcactor,subcontractor or any a liated person,or when collusion or collaboration exists.
d)Any deduction constituting a contribution on behalf of the person employed to funds established by the
employer or representatives of employees,or both, for the purpose of pmviding either from principal or income, or
both,medical or hospital care,pensions or annuities on retirements,death benefits,compensation for injuries,illness,
accidents,siclmess,or disability,or for insurance to provide any of the forgoing,or unemployment benefits,vacation
pay, savings accounts or similar payments for the benefit of emp(oyees, their families and dependen[s: Provides,
FLSP-3
however,that the following standards are met:(1)The deduction is not otherwise prohibited by law;(2)it is either(i)
voluntarily wnsented by the employee in writing and in advance of the period in which the work is to be done and
such consent is not a condition either for the obtaining of or for the continuation of employment,or(ii)provided for
in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees;(3)no profit orotherbenefit is otherwise obtained,directly or indirectly,by the contractor orsubcontractor
or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shal] serve the
comenience and in[erest of[he employee.
e) My deduction contributing towards the purchase of United States Defense Stamps and Bonds when
voluntarily authorized by the employee.
Any deduction reques[ed by the employee to enable him to repay loans to or purchase shares in credit
unions organized and operated in aceordance with Federal and State credit union statutes.
g) Any deduction voluntarily authoriud by the employee for making of contributions to governmental or
quasi-governmental agencies,such as American Red Cross.
h)Any deduction voluntarily authorized by the employee for making of contributions to Communiry Chests,
United Givers Funds,and similar chazitable organizations.
i)My deduction to pay regular union initiation fees and membership dues, not including fines or special
assessments:Provided,however,That a collective bargaining agreement behveen the contracror or sub-conhactor and
representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law.
j)Any deduction not more than for the"reasonable cosY'of board,lodging or other facilities meeting the
requirements of section 3(m)of[he Fair Labor Standards Act of 1938, as amended, and part 531 of this title. When .
such a deduction is made the additional records required under§•516.27(a)ofthis[itle shal]be kep[.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
My contractor or subcontractor may appty to the Secretaty of Labor for permission to make any deduction not
permitted under§3.5.The Secretary may grant pertnission whenever he finds[hat:
a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or
indirectly from the deduction either in the form of a commissioq dividend,or otherwise;
b)The deduction is not otherwise prohibited by law;
c) The deduction is either (1) voluntarily consen[ed to by the employee in wri[ing and in advance of the
period in which the work is to be done and such consent is not a condi[ion either for the obtaining of employment or
its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or
subcon[ractor and representatives of its employees;and
d)The deduction serves the wmenience and interest of[he employee.
Section 39 Applicatious for the approval of the Secretary ot Labor.
My application for the making of payroll deductions under § 3.6 shall comply with the requirements prescribed in
the following paragraphs ofthis section:
a)The application shall be in writing and shall be addressed to the Secretary of Labor.
b) The application shall identify the contract or conhacts under which the work is in question to be
performed.Permission will be given for deductions only on specifiq identified contracts, except upon a showing of
exceptional circumstances.
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c) The application shall state aftirmatively that there is compliance with [he standards se[ forth in the
provisions of§3.6.The affirma[ion shall be accompanied by a full statement of the fac[s indicating such compliance.
d)The application shall include a description of the proposed deductioq the purpose to be served thereby,
and the classes of laborers or mechanics from whose wages the proposed deductions would be made.
e)The application shall state the name and business of any third person to whom any funds obtained from
the proposed deductions are to be transmitted and the affiliation of such person,if any,with the applicant.
Section 3.8 Action by the Secretary oPLabor upon application
The Secretary of Labor shall decide whether or not the requested deduction is permissib(e under the provisions of§
3.6,and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not ea(sewhere provided for by this part and which are not fonnd to be permissible under § 3.6 are
prohibited.
Section 310 Methods ot payment of wages.
The payment of wages shall be cash, negotiable instruments payable on demand, or the additional forms of
compensation for which deductions aze permissible under this part.No o[her methods of payment shall be recognized
on work subject ro Copeland Act.
Section 311 Regulations part of contract.
All contracts made with respect ro the constructioq procecution,completion or repair ofany public building or public
work or building or work financed in whole or in part by loans or grants from [he United States covered by the
regulations in this part shall expressly bind[he wntracWr or subcontractor.
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ATTACIIMENT NO. 7
FEDERAL PREVAILING WAGE RATES
Behind This Sheet]
General Decision Number: CA20200024 01/10/2020
Superseded General Decision Number: CA20190024
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PRO7ECT5; DREDGING PRO7ECT5 (daes not
include hopper dredge work); HEAW CONSTRUCTION PRO]ECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PRO7ECT5
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 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, 2015. If this contract is covered by the E0, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis-eacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1(a)(2)-(6e). Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2020
1 01/10/2020
ASBE0005-002 09/01/2019
Rates Fringes
Asbestos Workers/Insulator
Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of inechanical systems). . . ..$ 43.77 22.48
Fire Stop Technician
Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls).. . . . . . . . . . . . .. . . ... . . ... . .$ 28.92 18.73
ASBE0005-004 07/01/2019
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)... .$ 20.63 12.17
BRCA0004-010 05/01/2018
Rates Fringes
BRICKLAYER; MARBLE SETTER... . . . ..$ 39.98 14.90
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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
BRCA0018-004 06/01/2019
Rates Fringes
MARBLE FINISHER. . . . . . . . . . . ... . . ..$ 33.43 14.11
TILE FINISHER. . . .. . . .. . . . . ... . . ..$ 28.23 12.65
TILE LAYER. . . .. . .. . . .. . . . . . .. . . . .$ 40.07 18.36
BRCA0018-010 09/01/2018
Rates Fringes
TERRAZZO FINISHER. ... . . . .... . . .. .$ 31.25 13.41
TERRAZZO WORKER/SETTER. . . . .. . . . . .$ 38.39 14.15
CARP0409-001 07/01/2018
Rates Fringes
CARPENTER
1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer. . . . .. . . .. . . .. . . . . .$ 41.84 19.17
2) Millwright. . . .. . . .. . . . . .$ 42.91 19.17
3) Piledrivermen/Derrick
Bargeman, Bridge or pock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
Commercial). .. . . .. . . .... . . .$ 42.54 19.17
4) Pneumatic Nailer,
Power Stapler. .. . . . . . . . .. . . .$ 40.09 19.17
5) Saw4iler. . . . . . . . . ... . . .$ 39.83 19.17
6) Scaffold Builder. .... . .$ 31.60 19.17
7) Table Power Saw
Operator. . .. . . .. . . . . . . . ... . .$ 40.93 19.17
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 n pre- drilled holes, fior that portion o4 a lagged
trench against which contrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
CARP0409-005 07/01/2015
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER. . . .$ 37.35 11.08
STOCKER/SCRAPPER. . .. . . . .. . . .$ 10.00 7.17
CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer. . . .. .$ 17.00 7.41
ELEC0011-002 12/31/2018
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer.. . . . .. . . . . . . ... . . .$ 36.07 3%+14.43
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, mitrowave 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 Ord ance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
ELEC0441-001 08/26/2019
Rates Fringes
CABLE SPLICER.. .. . . .. . ... . . . .. . . .$ 46.72 21.59
ELECTRICIAN. . .. . . . . .. . . .. . . . .. . . .$ 44.67 21.53
ELEC0441-003 12/31/2015
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCN highway systems)
Rates Fringes
Communications System
Installer. . . . .. . . .. . . . . .. . . .$ 35.12 13.77
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 N 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
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. Seturity 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.
ELEC0441-004 08/26/2019
Rates Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
Splicer.. . . . ... . . . . . . ... . . . .$ 45.27 21.55
Electrician. . .. . . .. . . . .. . . . .$ 44.67 21.53
Technician. . . . .. . . . . . . . .. . . .$ 33.50 21.20
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 (CCN), 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.
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.
70URNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
70URNEYMAN 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 electrital
systems including interconnect, dector loop, fiber optic
cable and video/data.
ELEC1245-001 06/01/2019
Rates Fringes
LINE CONSTRUCTION
1) Lineman; Cable splicer..$ SS.09 19.36
2) Equipment specialist
operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).. . . . . . .. . .$ 46.40 18.17
3) Groundman. . . . .. . . . . . .. . .$ 35.47 17.79
4) Powderman. . . . ... . . . . .. . .$ 49.55 3+17.65
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 01/01/2019
Rates Fringes
ELEVATOR MECHANIC.. . . . ... . . . . . . . .$ 55.58 34.125
FOOTNOTE:
PAID VACATION: Employer contributes 8Y 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.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
ENGI0012-003 07/01/2018
Rates Fringes
OPERATOR: Power Equipment
All Other Work)
GROUP 1.. . . . .. . . . . . . . . .. . . .$ 45.30 25.25
GROUP 2.. . . . .. . . .. . . . . .. . . .$ 46.08 25.25
GROUP 3. . . . . .. . . .. . . . . .. . . .$ 46.37 25.25
GROUP 4.. . . . .. . . . . . . .... . . .$ 47.86 25.25
GROUP 5.. . . .... . . . . . . .. . . . .$ 48.96 25.25
GROUP 6.. . . . .. . . . . . . . .. . . . .$ 48.08 25.25
GROUP 8.. . . . ... . . . . . . ... . . .$ 48.19 25.25
GROUP 9.. . . . ... . . . . . . ... . . .$ 49.29 25.25
GROUP 10.. . . ... . . . . . . ... . . . .$ 48.31 25.25
GROUP 11. . . . . . .. . . .. . . . .. . . .$ 49.41 25.25
GROUP 12. . . . . . .. . . .. . . . .. . . .$ 48.48 25.25
GROUP 13.. . . . . .. . . .. . . . .. . . .$ 48.58 25.25
GROUP 14. . . . . . .. . . . . . . . .. . . .$ 48.61 25.25
GROUP 15. .. . . . .. . . . . . . . .. . . .$ 48.69 25.25
GROUP 16. .. . . . ... . . . . . . .. . . .$ 48.81 25.25
GROUP 17. .. . . . ... . . . . . . .. . . .$ 48.98 25.25
GROUP 18. . .. . . . .. . . . . . . . . . . .$ 49.08 25.25
GROUP 19. . .. . . . .. . . . . . . . . . . .$ 49.19 25.25
GROUP 20. ... . . ... . . . . . . . . . . .$ 49.31 25.25
GROUP 21. . .. . . . .. . . . . . . . . . . .$ 49.48 25.25
GROUP 22. . ... . . . . . . . .. . . . . . .$ 49.58 25.25
GROUP 23. . ... . . . . . . .... . .. . .$ 49.69 25.25
GROUP 24. . ... . . . .. . .... . .. . .$ 49.81 25.25
GROUP 25. . ... . . . .. . . ... . . .. .$ 49.98 25.25
OPERATOR: Power Equipment
Cranes, Piledriving & ,
Hoisting)
GROUP 1. . . ... . . .. . . . .. . . ...$ 46.65 25.25
GROUP 2. . . . .. . . . . . . . .. . . . ..$ 47.43 25.25
GROUP 3. . . . .. . . . . . . . .. . . . ..$ 47.72 25.25
GROUP 4. . . . .. . . . .. . . ... . . ..$ 47.86 25.25
GROUP 5. . . . . .. . . . . . . . . . . . . .$ 48.08 25.25
GROUP 6.. . . . .. . . .. . . . ... . . .$ 48.19 25.25
GROUP 7.. . . . .. . . .. . . . ... . . .$ 48.31 25.25
GROUP 8.. . . . .. . . .. . . . . .. . . .$ 48.48 25.25
GROUP 9.. . . . ... . . . . . . . .. . . .$ 48.65 25.25
GROUP 10. . . . . . . . . . . . . . . .. . . .$ 49.65 25.25
GROUP 11.. . . . ... . . . .. . . .. . . .$ 50.65 25.25
GROUP 12.. . . . ... . . .. . . . .. . . .$ 51.65 25.25
GROUP 13. .. . . . ... . . .. . . . . . . .$ 52.65 25.25
OPERATOR: Power Equipment
Tunnel Work)
GROUP 1. . . . . . ... . . .. . . . . . . .$ 47.15 25.25
GROUP 2. . ... . . .. . . . .. . . .. . .$ 47.93 25.25
GROUP 3. . ... . . .. . . . .. . . .. . .$ 48.22 25.25
GROUP 4. . .. . . . .. . . . .. . . .. . .8 48.39 25.25
GROUP 5. . ... . . ... . . ... . .. . .5 48.58 25.25
GROUP 6. . ... . . . .. . . ... . . . . .$ 48.69 25.25
GROUP 7. . ... . . . ... . ... . . .. .$ 48.81 25.25
PREMIUM PAV:
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
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
includes loed, 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 loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
asphalt or concrete plant); Petromat laydown machine; P]U
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; eoxman 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), ]ackson 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-7ohnson-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
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 contrete 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 plating
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-7ohn 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); 7ractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
7renching 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-7exoma 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 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP li: 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)
GROUa 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
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
si gle 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 HOISTIN6 EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
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
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 intluding 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); Helitopter pilot; Hoist operator,
stiff legs, Guy derritk 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: BiY 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)
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
eernardino 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, T255, 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, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection 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 T lare County
boundary, until that point which is the NW corner of T255,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, M M. Co tinue W to the NW corner of T315, R33E,
MDM. Continue 5 to the SW corner of T325, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue 5 to SW corner o4 T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue 5 to SW corner o4 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 Tls, SBM (Riverside County Line) to SW torner of
T15, R10E, SBM. Continue 5 along west boundary of R10E, SBM to
Imperial County line at the SW corner of T85, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T95, R9E, SBM. Continue 5 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
and San Luis Obispo County boundary at the NW corner of T255,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T305, R16E, MDM. Continue E to SW
corner of T305, R17E, MDM. Continue 5 to SW corner of T315,
R17E, MDM. Continue E to SW corner of T315, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
eernardino Meridian numbering area and becomes R30W. Follow
the west side o4 R30W, 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 TSN, 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, R23E, MDM. [T12N SBM is a think strip between T11N SBM
and T325 MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T255, R23E, MDM, continue West along the Kings County and Kern
County soundary 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 eoundary: eegin 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, T85, 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 S 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 1S, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012-004 08/01/2015
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OPERATOR: Power Equipment
DREDGING)
1) Leverman. .. . . .. . . . ... . ..$ 49.50 23.60
2) Dredge dozer. ... . . . .. . . .$ 43.53 23.60
3) Deckmate. ... . ... . . . .. . . .$ 43.42 23.60
4) Winch operator (stern
winch on dredge). . ... . . ... . .$ 42.87 23.60
5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand. .. . . .. . . ... . . . .. . .$ 42.33 23.60
6) Barge Mate. . . . .... . . . .. .$ 42.94 23.60
IRON0377-002 07/01/2019
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Ironworkers:
Fence Erector. . . . . . . ... . . ...$ 33.58 24.66
Ornamental, Reinforcing
and Structural. . .. . . . . .. . . . .$ 40.00 33.30
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
LAB00300-005 01/01/2018
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Asbestos Removal Laborer. . . . .. . . .$ 33.19 17.78
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 07/01/2019
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LABORER (GUNITE)
GROUP 1. . . ... . . ... . . . .. . . ...$ 44.05 18.42
GROUP 2. . . ... . . . .. . . . .. . . . . .$ 43.10 18.42
GROUP 3. . . ... . . . .. . . . .. . . . . .$ 39.56 18.42
FOOTNOTE: GUNITE PREMI M PAY: Workers working 4rom a
sosn'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
LAB00652-001 07/01/2019
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LABORER (TUNNEL)
GROUP 1. . .. . . . . . . . . . .. . . .. . .$ 40.19 19.07
GROUP 2. . . ... . . . . . . . ... . . .. .$ 40.51 19.07
GROUP 3. . . ... . . . . . . . . .. . . .. .$ 40.97 19.07
GROUP 4. . . ... . . . . . . . . .. . . . . .$ 41.66 19.07
LABORER
GROUP 1. . . . . ... . . .. . . . . . . . ..$ 35.24 20.09
GROUP 2.. . . . ... . . .. . . . .. . . ..$ 35.79 20.09
GROUP 3. . . . . . .. . . . . . . . .. . . ..$ 36.34 20.09
GROUP 4. . . . . . .. . . . . . . . .. . . ..$ 37.89 20.09
GROUP 5. . . . . . ... . . .. . . .. . . . .$ 38.24 20.09
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,
piler 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 o4 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
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 inethod used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of inechanical 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; ]ackleg miner; ]umbo 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 fiinisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
LAB00652-003 87/01/2018
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Brick Tender.. . . . . . . . .. . . .. . . .. . .$ 32.26 18.40
LA801184-001 07/01/2019
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Laborers: (HORI20NTAL
DIRECTIONAL DRILLING)
1) Drilling Crew Laborer.. .$ 36.70 15.05
2) Vehicle Operator/Hauler.$ 36.87 15.05
3) Horizontal Directional
Drill Operator. . . .. . . . ... . ..$ 38.72 15.05
4) Electronic Tracking
Locator. . .. . ... . . ... . . . .. . ..$ 40.72 15.05
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1. . . .. . . .. . . ... . . .. . . .$ 37.91 15.06
GROUP 2. . . .. . . .. . . ... . . .. . ..$ 39.21 iS.06
GROUP 3.. . .. . . .. . . ... . . . . . . .$ 41.22 18.06
GROUP 4.. . .. . . .. . . . .. . . . . . . .$ 42.96 18.06
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
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 traffiic control; operation of all
related machinery and equipment
LAB01414-001 08/07/2019
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LABORER
PLASTER CLEAN-UP LABORER. .. .$ 34.82 20.02
PLASTER TENDER. . .. . .... . . . . .$ 37.37 20.02
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0036-001 07/01/2018
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Painters: (Including Lead
Abatement)
1) Repaint (excludes San
Diego County). .. . . .. . . . ... . .$ 27.59 14.92
2) All Other Work.. . . . ... . .$ 31.12 15.04
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 10/01/2018
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DRYWALL FINISHER/TAPER.. . . . ... . . .$ 40.18 19.22
PAIN0036-015 06/01/2018
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GLAZIER. ... . .. . . .. . . . . . . .. . . . . .. .$ 42.20 25.50
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
PAIN1247-002 01/01/2019
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SOFT FLOOR LAVER. . . . .. . .. . . . .. . . .$ 35.35 14.56
PLA50200-009 08/07/2019
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PLASTERER. . . . . . . . . . . . . . . .. . . . .. . .$ 43.73 16.03
PLA50500-002 07/01/2019
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CEMENT MASON/CONCRETE FINISHER. . .$ 37.00 25.53
PLUM0016-001 09/01/2018
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PLUMBER/PIPEFITTER
Plumber and Pipe4itter
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. . . .. . .. . . .. . . . .. . . . .. .$ 50.13 22.16
Work ONLV on new additions
a d remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space. .. . . . . . . . .. . . . ..$ 48.58 21.18
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work. . . . . .. . ... . .. . . . .... . . .$ 37.10 19.51
PLUM0345-001 09/01/2019
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PLUMBER
Landscape/Irrigation Fitter.$ 34.40 23.05
Sewer & Storm Drain Work. . ..$ 34.40 23.05
ROOF0036-002 08/01/2019
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ROOFER. . .. . .. . . .. . . .. . . . .. . . . . . . .$ 39.52 17.47
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay.
SFCA0669-008 04/01/2019
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIM2T5 OF LOS ANGELES:
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SPRINKLER FITTER. . . .. . . . .. . . . .. . .$ 38.85 23.85
SFGA0709-003 01/01/2018
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEVOND THE CITY LIMITS OF LOS
ANGELES:
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SPRINKLER FITTER (Fire). . .. . . . .. .$ 42.26 25.92
SHEE0105-003 01/01/2020
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
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SHEET METAL WORKER
1) Commercial - New
Construction and Remodel
work. . .. . .. . . ... . . . .. . . . .. . .$ 45.78 28.96
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. ..$ 45.78 28.96
TEAM0011-002 07/01/2019
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TRUCK DRIVER
GROUP 1. .. . . ... . . .. . . . ... . .$ 31.59 29.59
GROUP 2. .. . . ... . . . .. . . ... . .$ 31.74 29.59
GROUP 3. . . . . . . . . . . .. . . . .. . .$ 31.87 29.59
GROUP 4. . . . . . . .. . . ... . . .. . .$ 32.06 29.59
GROUP 5. . . . . . . .. . . ... . . .. . .$ 32.09 29.59
GROUP 6. . .. . . . .. . . ... . . . . . .$ 32.12 29.59
GROUP 7. . . . . . . .. . . . .. . . . . . .$ 32.37 29.59
GROUP 8. . . .. . . . .. . . .. . . . . . .$ 32.62 29.59
GROUP 9. . . .. . . . .. . . .. . . . . ..$ 32.82 29.59
GROUP 10. . . .. . . . . . . . . .. . . . ..$ 33.12 29.59
GROUP 11. . . . .. . . . . . . . .. . . . ..$ 33.62 29.59
GROUP 12. . . . ... . . .. . . ... . . ..$ 34.05 29.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 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 Tru[k 17K and above
WELDERS - Receive rate prescribed for cra4t performing
operation to which welding is incidental.
Note: Exec tive 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 39 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 o4, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
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 classifiication and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier o4
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 ]uly 1,
2014.
Union prevailing wage rates are updated to reflect all rate
thanges 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
non-union rates. Example: SULA2012-007 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 tompletion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in 7anuary 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
Regional Office for the area in which the survey was conducted
because those Regional Offices have 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 4rom the Wage and Hour Administrator
See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
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 in4ormation (wage
payment data, projett destription, 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 DECISION"
FSCON-2
ACoiro' CERTIFICATE OF LIABILITY INSURANCE
A',m`°°"""'
03@7 2020
7HIS CERTIFICATE IS ISSIIED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS I1PON THE CERTIFICATE HOLDER. THIS
CER7IFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EX7EN0 OR AL7ER 7HE COVERAGE AFFORDEO BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSl1RANCE OOES NOT CONS71Tf1TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATNE OR PRODl10ER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If[he certi0cate holdar Is an AODITIONAL INSURED, the pollcypes) must have ADDITIONAL INSUREO provisions or be endorsed.
If SUBROGATION IS WANED, sub)ect to the terms antl contlttlons of the policy, certaln pollcies may require an entlorsemant. A s[atemen[ on
his certlflcate does not confer ri hts to ihe ceAKcate holder in Ileu of such endorsement s.
PRODUCEfi 916J64-7380 H? Dan B oek
Slerta Oak Insurance Services PHONE 976-364-7380 F^x 976J64-7387
Lic# OC97528 Wc,Ho,ea7: Wc,No:
9700 Buslness Park r. Ste 105 q R ss:Ce emsurancespeaa is .com
Sacremento, CA 95827
Ddf1ICI E.BfOCK INSURER S AFFOROING COVERAGE NNCi
iHsuaeRa:Mercu InsuranceCom an 27553
irusuaeo insuaeRe:The Ohio Casualty Insurance Co 24074
Fs contractors, inc. Scottsdale Insurance Com an 4129714838BICd50BSIINSURERC: P y
Syimar,CA 97342 Insurance Com an of the West 27847INSURERD: P Y
INSURERE:p'dmIf8IIf1S11(811CCCORI 78flY 24856
INSUftERF:
COVERAGES CER7I CA E U 8E V SION U R
iH15 IS TO CERTIFY 7HAT iHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSl1RED NAMED ABOVE FOR hIE POLICY PERIO
INDICATE. N07VJITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH iH15
CERTIFICATE MAV BE ISSl1E OR MAY PERTAIN, THE INSl1RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL hIE TERMS,
EXCLUSIONS AN CONOITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDl10ED BY PAID CLAIMS.
INSR AO LSUB POLICYEFF POLICYE%P
TPEOFINSUFANCE N D POLICYNUM9ER p MI O M
C X COMMERCIALGENERALLIA9ILIIY EACHOCCURRENCE
OOO OOO
cuuns-rnnne occua x BCS001B453 O7N312020 01I13@021 GETOREMEO 100,000
meoow nn ona erson s Exluded
PEaSOru Bn VINJuaY 7,000,000
GENLAGGREGAIELIMp6ITPPPLIESPFR'. GENERPLAGGREGAIE Z OOO OOO
POLICY X jECT LOC PROOUCTS-COtdP/OPAGG g PrOOO O00
OTHER:
A AIITOMOBRELIABILRY
COMBINEDSINGLELIMIT
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C X UM9RELLALIAB X OCCUi EqCHOCWRRENCE B OOO OOO
E%cE55LIAe CLnIMSMPDE L50112973 U1N3@020 01N3/2027 q GREGAIE
8 000 000
oE REfEMION 5 GLICAIWC
WORI(ERSCDMPENSATiDN X 6AME ER'"ANOEMPLOYERS'LIABILf1V
SA5032771 D4 3/2 9 0/3$O20 0 0 00
AM'PROPRIEfORIPARTNERIFJ(ECUIIYE
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E.L.OISEPSE-EAEMPLOYE $ OOO OOO
MIfyes,Eesmoe unaer 1 000,000ESCRIWIONOFOPERATIONSbalmrEL.DISEPSE-PoLICY LIMIT
E Pollutlon FEIECC25&t0-07 01/13/2020 01/73/2021 Occurance 5,000,000
Aggregate 70,000,000
OESLWPTIONOFOPERATONSILOCATONSIVEHICLES (ACORO101,AEtlitlenNRemarka3cM1eEule,mrybeatlac etlilmonspacalsrequirem
ob:Various Locations City of Orange CDBG FY 2079-20—Americans with
Oisabilities Act ADA)Wheelchair Aeeess Ramp. City of Orange to be nametl
additional insured on the generel liability&auto.
CERTIFICATE HOLDER CANCELLATION
dTYORA
SXOULD ANY OF TNE A80VE DESCRIBED POLICIES BE CqNCELLEO BEFORE
THE EXPIRATION UATE THEREOF, NOTICE WILL BE OELNERED IN
ACCOROANCE WITH THE POLICY PROVISIONS.
City of Orange
300 E.Chapman Ave.
012I79e,CA 92866 A HO^RISEO REPRESENTATNE
V I
ACORD 25(2076/03J OO 1968-2075 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks oi ACORD
POLICYNUMBER: Bc50038a53 COMMERCIALGENERALLIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL IfVSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s Location s Of Covered O erations
ANY PERSON OR ORGANIZATION WHEN REQUIRED ALL LOCATIONS
BY WRITTEN CONTRACT OR AGREEMENT,
EXECUTED PRIOR TO THE OCCURRENCE TO
WHICH THIS INSURANCE APPLIES, THAT SUCH
PERSON OR ORGANIZATION BE ADDED AS AN
ADDITIONAL INSURED ON YOUR POLICY.
Information re uired to com lete this Schedule if not shown above will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury' ordamage" or "personal and advertising injury' property damage"occurring after:caused, in whole or in part, by:
1. Your acts or omissions; or
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
2. The acts or omissions of those acting on your project (other than service, maintenance or
behalf;repairs) to be performed by or on behalf of the
in the performance of your ongoing operations for additional insured(s) at the location of the
the additional insured(s) at the location(s)
covered operetions has been completed; or
designated above. 2. That portion of 'your work" out of which the
However: injury or damage arises has been put to its
1. The insurence afforded to such additional
iMended use by any person or organization
other than another cordractor or subcontractor
insured only applies to the extent permitted by engaged in pertorming operetions for a principal
law;and as a part of the same project.
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the cont act o agreement to provide
for such additional insured.
CG 20101219 Insurance Services Office, Inc., 201 S Page 1 of 2
C. With respect to the insurance afforded to these 2. Available under the applicable limits of
additional insureds, the following is added to insurance;
Section III—Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the applicable
required by a contract or agreement, the most we limits of insurance.
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement;or
Page 2 of 2 Insurance Services Office, Inc., 2018 CG 20101219
POLICYNUMBER: BC50038453 COMMERCIALGENERALLIABILITY
CG 20 3712 79
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s Location And Descri tion Of Com leted O erations
ANY PERSON OR ORGANIZATION WHEN ALL LOCATIONS
REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT, EXECUTED PRIOR TO THE
OCCURRENCE TO WHICH THIS INSURANCE
APPLIES, THAT SUCH PERSON OR ORGANIZATION
BE ADDED AS AN ADDITIONAL INSURED ON YOUR
POLICY
Information re uired to com lete this Schedule, if not shown above will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to 2 If coverage provided to the additional insured is
include as an additional insured the person(s) or required by a contrect or agreement, the
organization(s) shown in the Schedule, but only insurance afforded to such additional insured
with respect to liability for"bodily injury"or"property will not be broader than that which you are
damage"caused, in whole or in part, by'your worK' required by the corrtrect or agreement to provide
at the location designated and described in the for such additional insured.
Schedule of this endorsement pertormed for that
additional insured and included in the "products-
completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law;and
CG 20 371219 Insurance Services Office, Inc., 2D18 Page 1 of 2
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III—Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
Page 2 of 2 O Insurance Services Office, Inc., 2018 CG 20 37 7219
THIS ENDORSEMENTCHANGESTHE POLICY. PLEASE READ ITCAREFULLY.
Business Auto Broadening Endorsement
This endorsement modifies insurence provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY(BROAD FORM NAMED INSURED)
II. EMPLOYEESASINSUREDS
III. AUTOMATICADDITIONALINSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARYPAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONALTRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTALAIRBAGDEPLOYMENTCOVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR—DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
XIV. WAIVEROFSUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
XVIII. HIREDAUTO—COVERAGETERRITORY
XIX. BODILYINJURYREDEFINEDTOINCLUDERESULTANTMENTALANGUISH
Copyright2017Mercurylnsurance5ervices,LLC. Allrightsreserved.
MCA851D0817-fA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 1 of 6
BUSINESS AUTO COVERAGE FORM
I.NEWLYACQUIRED OR FORMED ENTITY(Broad Form Named Insured)
SEC710N II- LIABILIiY COVERAGE,A.Coverage, 1.Who Is An Insured,the following is added:
d. Any business entity newly acquired or formed by you during the policy period
provided you own 50%or more of the business entity and the business entity is not
separately insured for Business Auto Coverage.Coveroge is extended up to a
maximum of 180 days following acquisition or formation of the business entity.
Coverege under this provision is afforded only until the end of the policy period.
Coverage does not apply to an "accidenY'which occurred before you acquired or
formed the organization.
II. EMPLOYEESASINSUREDS
SECiION II-LIABILIiY COVERAGE,A.Coverage, 1.Who Is An Insured,the following is added:
e. Any"employee"of yours is an "insured" while using a covered "auto"you don't
own, hire or borrow in your business or your personal affairs.
111. AUTOMATICADDITIONALINSURED
SECTION II-LIABILIN COVERAGE,A.Coverege,l.Who Is An Insured,the following is added:
f.Any person or organization that you are required to include as additional insured
on the Coverege Form in a written contract or agreement thaf is signed and
executed by you before the "bodily injury"or"property damage"occurs and that is
in effect during the policy period is an "insured"for Liability Coverege, but only for
damages to which this insurence applies and only to the extent that person or
organization qualifies as an"insured" under the Who Is An Insured provision
contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION I I- LIABILITY COVERAGE,A.Coverege,l.Who Is An Insured,the following is added:
g. An "employee"of yours is an"insured"while operating an "auto"hired or rented
under a contract or agreement in that"employee's" name,with your permission,
while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECiION II—LIABILIiY COVERAGE,A.Coverage, 2.Coverege Extensions,a.Supplementary
Payments,Subparagrephs(2) and (4)are repiaced by the following:
2) Up to$3,000 for cost of bail bonds(including bonds for related traffic law
violations) required because of an "accident"we cover. We are not obligated to
furnish these bonds.
4) All reasonable expenses incurred by the"insured"at our request,including
actual loss of earnings up to$SOD a day because of time off from work.
Copyright 2017 M ercury Insurance Services,LLC. All rights reserved.
MCASSSOD817-U1 Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 2 of 6
VI. FELLOW EMPLOYEECOVERAGE:
SECTION II—LIABILITYCOVERAGE, B. Exclusions,5. Fellow Employee
This exclusion does not apply if you have workers'compensation insurance in-force covering all of
your"employees". Coverage is excess over any other collectible insurance.
VII. ADDITIONALTRANSPORTATION IXPENSE
SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,a.Transportation
Expenses,is replaced with the following:
We will pay up to$50 per day to a maximum of$5000 for temporary trensportation
expense incurred by you because of the total theft of a covered "auto"of the private
passenger type.We will pay only for those covered "autos" for which you carry either
Comprehensive or Specified Causes of Loss Coverage.We wili pay for temporary
transportation expenses incurred during the period beginning 48 hours after the theft and
ending,regardless of the policy's expiration,when the covered"auto"is returned to use or
we pay for its"loss". If your business shown in the Declaretions is other than an auto
dealership,we will also pay up to$1,000 for reasonable and necessary costs incurred by
you to return a stolen covered auto from the place where it is recovered to its usual
garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,the following is
added:
c.If Liability Coverege is provided in this policy on a Symbol 1 or a Symbol 8 basis and
Comprehensive,Specified Causes of Loss,or Collision coverages are provided under
this coverage form for any"auto"you own,then the Physical Damage Coverages
provided are extended to"autos"you hire,subject to the following limit:
1) The most we will pay for"loss"to any hired "auto"is$50,000 or Actual
Cash Value or Cost of Repair,whichever is less
2j $500 deductible will apply to any loss under this coverage extension,
except that no deductible shall apply to "loss"caused by fire or lightning
Subject to the above limit and deductible we will provide coverege equal to the
broadest coverage applicable to any covered "auto"you own of similar size and
type. This coverage extension is excess coverege over any other collectible
insurance.
IX. ACCIDENTALAIRBAGDEPLOYMENTCOVERAGE
SECiION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
Copyright 2017 Mercury Insurance Services,LLC. All rights reserved.
MCA85100817-G4 Includes wpyrighted material of Insurance Services Office,Inc.,with its Permission Page 3 of 6
X. LOAN/LEASE GAPCOVERAGE
SECTION III- PHYSICAL DAMAGE COVERAGE C. Limit of Insurance,the following is added:
4. In the event of a"total loss"to a covered"auto" shown in the schedule or declarations for
which Collision and Comprehensive Coverege apply,we wiil pay any unpaid amount due on
the lease or loan for that covered "auto;' less:
a. The amount paid under the Physical Damage Coverage Section of the
policy;and
b. Any:
1) Overdue lease/loan payments atthe time of the"loss";
2) Financial penalties imposed under a lease for excessive use,abnormal wear
and tear or high mileage.
3) Security deposits not returned 6y the lessor;
4) Costs for extended warrenties,Credit Life Insurance, Health,Accident or
Disability Insurance purchased with the loan or lease;and
5) Carry-over balances from previous loans or leases.
The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of
the actual cash value of that insured auto at the time of the loss.
XI. GLASSREPAIR—DEDUCTIBLEWAIVER
SECfION I II -PHYSICAL DAMAGE COVERAGE, D. Deductible,the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SEC ION III -PHYSICAL DAMAGE COVERAGE,D. Deductible,the following is added:
If two or more"company" policies or coverege forms apply to the same accident:
1.If the applicable Business Auto deductible is the smallest, it will be waived; or
2.If the applicable Business Auto deductible is not the smallest, it will be reduced by
the amount of che smallest deductible;or
3.If the loss involves two or more Business Auto coverage forms or policies the
smallest deductible will be waived.
For the purpose of this endorsement"company"means the company providing this
insurence and any of the affiliated members of the Mercury Insurence Group of companies.
XIII. AMENDEU DUTIES IN EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS
The requirement in SECiION IV, BUSINE55 AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The
Event Of Accident,Claim,Suit,Or Loss,a.,In the event of"accident",you must notify us of an
accidenY'applies only when the"accidenY' is known to:
1J You, if you are an individual;
2) A partner,if you are a partnership;
3) A member,if you are a limited liability company;or
4) An executive officer or insurance manager, if you are a corporetion.
Capyright 2017 Mercury Insurance Services,LLC. All rights reserved.
MCA85100517{A Includes wpyrighted material of Insurance Services Office,Inc.,with iM Permission Page 4 of 6
XIV. WAIVEROFSUBROGATION
SECTION IV- BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5.Trensfer of Rights Of Recovery
Against OthersTo Us,section is replaced by the following:
5. Trensfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to
the extent required of you by a written contract executed prior to any"accidenY'or
loss",provided that the "accident"or"loss"arises out of the operations
contemplated by such contract.The waiver applies only to the person or
organization designated in such contract.
XV. UNINTENTIONAL ERROR,OMISSION, OR FAILURETO DISCLOSE HAZARDS
SECfION IV-BUSINESS AUTO CONDITIONS, B.Generel Conditions, 2.Concealment,
Misrepresen[ation,or Fraud,the following is added:
Any unintentional omission of or error in information given by you,or unintentional failure
to disclose all exposures or hazards existing as of the effective date or at any time during
the policy period shall not invalidate or adversely affect the coverage for such exposure or
hazard or prejudice your rights under this insurance. However,you must report the
undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right
of cancellation or non-renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV—BUSINE55 AUTO CONDITIONS, B.Generel Conditions,5. Other Insurance, b. For Hired
Auto Physical Damage Coverege,is replaced by,the following:
b.For Hired Auto Physical Damage Coverage,the following are deemed to be covered
autos" you own:
1.Any covered"auto"you lease,hire, rent or borrow;and
2. Any covered"auto" hired or rented by your"employee"under a contract i
that individual "employee's" name,with your permission,while performing
duties related to the conduct of your business.
However,any"auto" that is leased, hired,rented or borrowed with a driver is not a covered
auto".
XVII. PRIMARYAND NONCONTRIBUTORY IF REQUIRED BYCONTRACT
SECfION IV—BUSINESS AUTO CONDITIONS, B.General Conditions,S. Other Insurance,the
following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurence
available to an additional insured under your policy provided that:
1) The additional insured is a Named Insured under such other insurance;and
2) You have agreed in writing in a contract or agreement that this insurance
would be primary and would not seek contribution from any other
insurance available to the additional insured.
Copyright 2017 Mercury Insurance Services,LLC. All rights reserved.
MCA85100817-fA Includes copyrighted material of Insurence Services Office,Inc.,with i[s Permission Page 5 of 6
XVIII. HIREDAUTO-COVERAGETERRITORY
SECfION IV-BUSINESS AUTO CONDITIONS, B. General Conditions,7. Policy Period,Coverage
Territory,e.Anywhere in the world if:,is replaced by the following:
e. Anywhere in the world if:
i) A covered "auto" is leased,hired,rented or borrowed without a driver for a
period of 30 days or less;and
2) The"insured's" responsibility to pay damages is determined in a "suiY'on
the merits, in the United States of America,the territories and possessions
of the United States of America, Puerto Rico,or Canada or in a settlement
we agree to.
XIX. BODILY INIURY REDEFINED TO INCLUDE RESULTANT MENTALANGUISH
SECTION V—DEFINITIONS,C."Bodily Injur' is amended by adding the following:
Bodily injury"also includes mental anguish but only when the mental anguish arises from
other bodily injury,sickness,or disease.
Copyright 2017 Mercury Insurance Services,LLC. All rights reserved,
MCA85300817-CA Includes copyrighted ma[erial of Insurance Services Office,Inc.,with its Permission Page 6 of 6
r
CAI.IFOI2N7A PUBLIC WOI27CS BandNo.RC80021571
PERFORrIANCE BOIVD Premium:54,349.00
Premium Ba5e0 on Final
KNOtP ALl MEN 6Y 7NESC PRESEN'I'S, ConUact Amount-
inmwc, FSContractars Inc. cotti7tnC7o[t)asPtluclput,anA
RLI Insurance Companv SURE71 aCorypalianaBaniznlanduisling
v dathclu.coft6<StetcoC IIIII1 i5 mdaWAorizedmenric n6 u'v.aeint6eStateofCalifomia,mSuxety,a eheldandFnniylwuryl
urslo the C[TY OF ORANCE,heteina(Icr called We ObGgce,in Ihe sumTHREE HIINDRFA TWO TH011ShND AND OOt10D(5302,W6.WJ for ihcyaymrnt w erea(
weil ond duly to bc made aod wc Wch of bind ourclres,our heirs,erecutms,administeatots,sucarsats end assigns,joiully end s vpaRy,firMy by Ihese preseNs.
TNE COPIDifION oithe atroix obli tion is suchtLat,NEiEREAS.the a6weoamed6onmled rsineipal is ryuiad lo fiunah abond W saidObligee,guaemtming the
faithfid pe+fa mmce ofa wnl act m do a d pertorsa Ihe fallowing work,ta wit
Aid No. 790-22: SP-4122: CDBG FY 2019-20 — Americaos wifh Disabitities Act (ADAI Whxlehair Aececc Ram
Reolacemeni at Various IocaBons
a copy of which caNract is ot may 6c avxcbal M1crt o,s ul is hereby re4rtal m and made a part hettof.
NOW,THEREFORE,!C Ihe abovc bowdal prineipal siisll well and InJy patojm Ne urork wnireaed lu be pc+Cajmed undcr stid wn iap,thcn this o6tigi iuo m be
nvll ond void;oUenvix m rpnain in full fo ce and eft'ct. 'SLe swely haeLy stipulata and agrccs tLat no change,rxtension oCtimc,eltcmtian or eddition m the tecros
of J c contmci ngrcemmf,or the work ta heperfomu d there ua1m,or the specitcaoont flcurmpanying the ame 51ia11 ofhc wisc affecl lhe ob6gatioc s on Ws 6om1,and
il daes Mreby waive wrisa otany wch ehango,esteesian oftimq ahmoon ar addidon m Ihe te ms oftha Conv+ot ogrcemmt orm Iha woh orm the vpmifrcations.
SIGNEDM'DSEALEDthis 3 Sf dayot MBfCh 2020
FS ntractors Inc. RLI Insurance CompSny_ __-. _ - .
RRACfOR N E O+F S EIY
6Y: BY: j,(G ,
ARY/IREAS ' A7TORNEY•IN•FAC1;7eeer M,Icciche
HY:__—'—._ Er// BY:
P SIDENTMC RESIDENT AYP VEDAS'POFO CITYATTORNEY'
STAIEOFCA(.iFORNIA Oniha dayof inlAeyrar20 beFonme,theuMasign a
COUNTI'OF NotaryPublicinandfortheseidS am,personallyappored
ppsowllyF.nowntome(orprov eonihebasisofsalisfactoryevidrnce)tobethepersa s)whoexacuted
thewitlun' emon6ehalfofthe therein nmed,and
acqwwloCgeJ me tbeesuch uauted the same.
W7fNFS5 mY Ma d aM ulLcinl val.
No a Pubficinandfw hesaidState.
SCA7EOFCALIFORPIIA OnUtis diryof intheyeu20 befo¢me,lhewdasi
COUIYI'YOF NOGryPublicina dfoct6e5aidSmle,pasormllyappen¢d
personailytmowntomc(or mco Neb%SlsofsaUsieaoryavldenee)to0etheyerson(s)whoexeculcA
lhewii{dn' emon6eFdFaftSe thacinecwed,and
a<ixmwled6cdmntiiatm ch caeutedNcaame.
WfCNfSS my ha and olficiat scal.
Na PoblicinandPorthestid54vc.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§17&9
A notary public or other o cer crompleting this certificate verifies only the identiry of the individual who signed the
document to which this certificate Is attached,and not thetruthfulness,accuracy,or validity of that document.
State of Califomia
County of Los An eles
On Aoril 3. 2020 before me, Martha Tcahel T.one Rinhi,Nntary Public
Date Here Insert Name and Title o(the O cer
personally appeared Jose An el Fierros
Name o/Slgner(
who proved to me on the basis of satisfactory evidence to be the perso whose name/afe
subscribed to the within instrument and ack owledged to me that he/ ey executed the same in
his/yr€ir authorized capacity(es and that b his/b/tl ir signature on the instrument the person(Sf,
or the entity.upon behalf of which the persor!(s acted, executed the mstrument.
I certity under PENALIY OF PERJURY under the laws
of the State of California that the foregoing paregraph
is true and correct.
WITNESS my hand and official seal.
MqqTNA ISA6EL LOPEZ HIU81
Notary Publio-Califomia
s LosAngelesCounty _ natureCommis5ionk31983189
MyComm.Expi esMay21.3071 SignatureofNotary ub c
Place Notary Seal A6ove
OPTIONAL
Though this section is optional, completing this information can deter alteration of the docum or
fraudulent reaKachment of this Iorm to an unintended document.
Description of Attached Document
Title or Type of Document: Docum ate:
Number of Pages: Signer(s) Other Than Named Abo .
Capacity ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
Corporate OKcer — Title(s): Corporate Officer — Title(s):
Partner — Limited Gene Partner — Limited General
Individual Attor Fact Individual Attorney in Fact
Trustee ardian or Conservator Trustee Guardian or Conservator
Other:Other:
Signer epresenting: Signer Is Representing:
002014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-682 Item ti5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the idenfity of the individual who signed tha
document to which this certificate is attached,and not the Wthfulness,accuracy,or validity ot that document.
State of California
Counry of Los Aneeles
On Anril 3, 2020 before me, MaHha Tcahrl T.one RinMi o a Pt blic
Date Here Insert Name and Title of the Officer
personally appeared 7ose Emesto Fierros
Name/Signe
who proved to me on the basis of satisfactory evidence to be the personja)'whose name s/arE
subscribed to the within instrument and acknowledgec to me that he%stfe/ executed the same in
his/Ja€dJh ir authorized capacity(tes'j and that by his/p tp r signature(,syafi the instrument the person(s'
or the entity_upon behalf of which the person cted, executed the instrument.
I certity under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
ls true and conect.
WITNESS my hand and official seal.
MAflTHAISABELLOPEZRIU81
NotaryPublio-Callfomia
i -.p<`'LoSAngEleSCowry
I natureCommi55one21983189
My Comm.Expires May 11,2o2t Slgl18[U(E O(NOfary PU' lC
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the docum or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Docum ate:
Number of Pages: Signer(s) Other Than Named Abo .
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
Corporate O cer — Title(s): Corporate Officer — Title(s):
Partner — Limited Gene Partner — Limited Generai
Individual Attor Fact Individual Attorney in Fact
Trustee ardian or Conservator Trustee Guardlan or Conservator
omer:aner:
Signer epresenting: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-682 Item#5907
CALIFOIiN1A ALL-PUHPOSE ACKNOWLEDGMENT CML CODE§1189
A notary pu6lic or other officer completing this certificate verifies onty the identity of fha indhridual who signed the
doeumeM to which this certifirate is attached,and not the truthfuiness,accuracy,or validity of that document.
State of Califomia
Counry of Los Angeles
On Mf1R e7 L L before me, Anqel Nunez Notary Public
Date Here Insert Name and Title of the Officer
personaly appeared Peter Micciche
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within inshument and acknowledged to me that he/she/they executed the same in
his/hedtheir authorized capacity(es),and that by his/her/their signature(s)on the insVument the person(s),
or the entity upon hehalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paregreph
is true and conect.
WITNESS my an official seal.
ANGEL NUNE2 fjYfNotaryPubllo[allfomia Sig atu e
los angeles Counry $ Signature o ary P licCommis:ian Y 2321675 —
My Comm.Expires Mar 74,1021
P(ace Notary Seal Above
OPTIONAL
Though ffiis section is optiona/, compleUng this information can defer altara6on of the document or
fraudulent reattachment of this torm[o an unintended document.
Description of Attached Document
Tdle or Type of Document: Document Date:
Num6er of Pages: Signer(s) Q[her Than Named Above:
Capacity(es) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): Corporate Officer—Tdle(s):
Partner — LimBed General Partner— Limited General
Individual Attorney in Fact O Individual Attomey in Fact
O Trustee Guardian or Conservator hustee Guardian or Conservator
Other: Other.
Signer Is Representing: Signer Is Representing:
2014 National Notary Association •www.NationalNotary.org •1-800-US NOTARY(t-800-876-682 Item#5907
r
CAI.IFORNL4PURLICWORKS Eondna. RCeaOzis i
PAYIKENI'HQ1Vll Premium included oq
performance bond
KNOW ALG AlE BY THESE PRESENT5
llmtwq_,_______F$ r.OfISIdCf0 5, OC. _ COlYfItACIOR)etPtlMIPal,Antl
RLI Insurance Company su[tsrv aca p,vono audandektsang
underthclawsofWeStateof IIIinDiS ardauthom.ttllotrensact6usinssinYaeStateofCelifomia,asSmety,arehcidandfimilypuund
wto the CIiY OF ORAi\GE,hereinaRcr<al ed the Obligee,in the sum of THRF.E HUNDRED TWO THOUSEND AND 0.+1D0(5302.000.001 for ihe ry ymcnt
whereof well aod huly
tobemademdweeachofusbindwrselva,owheus,eswuturs,admmisuawrs,succarorsendesaigs,joimtyaid severally,fi mlybyUvaepcesmt.
R7IERE,IS,the alwve namrd bo mded principal is a{vired W furzrish e Ltmd to sid Obliga,guaranYating lhe paymrnt of elaims of tahoma,mmtisnies,matnial
suppliers and any othnpersonv,as pmvided by thelaw in connectionwith a eo nract to da end perfmm ihe folluwing wo`k m wie
Bid IYu. t40.22; 3P-J122; CDBG FY 2019-20 — Amedcans with Dt5ablllpes Act (ADA1 Wheelchalr Access Ramp
Re lacement at Yarious locationa
NOW.T}EFORE,ifil c Pnncipal arhis au6cont anors,sM1all fail w pay any pasnrt na ued in Seetion 7181 oClhe Civil Code oC1he Sm e otQliWmie,or amrrvms
tlucuntla Ne Unempioymeni/nswancc CotlewiLLt respec[to wotk m labar etl'oimecl Gy eirypuson nemed iu Sation 318i oFNe Cevil Code ofi6e SSate ofCalifmnta,
nr Por any amounts rcquirzd fo be dducted,withhe d,and paid w t to the Employment Developmtn!Depanmrnt hom Ihc vrayres of employe of 1he peincipal end his
suLcontmelors pursUmt to Section 13020 n[the Unemplayme t insnrenee fade,with respeel m snch wode aeM labay Ihe Surety will pay Coc Ihe same in an oggregate
amount nol ueeeding hesum s}recified io his bond,and a1so,in case suit u brougiu upan t6is bo d,n reasomble auomey's ke,m 6e 6xed by the caurt in accordar¢e
dth SMim 3350 ol'I.e Civil Codu af Wo Sa[n nf Cnlifomia
iLis bond shail inurc m the 6enefit of any pecsan nama3 in Section 3181 oflhe Civil Codeofthe Smieo[CyfiComia so ax lo givo a ri bt of ecNon to sucL person or his
asxigns in a ry suit brougiu upurt tlus barid.
5[GNEDAIVDSEALEDtItis 315i deyof IV BfCh 2020
F S C tractors Inc. RLI Insurance Comoan -
c cron n etv /'
BY:_ BY 16(G G "_ _
l
SyCRF.TAAYlfRF,ASURER ATTORNEV-IN-F.1GT;.Peter.Micciche
EY: I—. -- U/" DY:l.t
RESIDF,h 7CEPRESIDENf OV A$TO :CI7VATfOiiNEY'
STATEDF'GiLiFORNIA Onihis dayof intheyear20 beforemFtheundetsigncd,a
COUM'Y OF No+ary Puhfic in a¢d fort8e said Smte,personaliy apQrarM
Persomltyknowntome(mtzov eontbebasisofwtisfaGorycvidence)mbethepeson(s)whoezecuud
lircwithiuin tonbehalfoFMe Araeinramcd,end
knowlcdgcd me thet such uautad lhe same.
W17'NESS my hund and ofFitiei sral
Nom PubticinandfwihesaidSmtc.
STAti:OFCALIFORNIA Onthis dayof ia heymr20 befu ema,theuMpaignal
CQUMI'YOF No-ryPuMicinmdforWesaidState,prasonal{yappmecd
p xsooallyknoumtome{orpm onthebasisofsetisfacloryevidrnc<7to6etbepe son(s)wMeeeeu ed
thewithinin entanbdvilfotthc thaeinmmed,aad
wleJgWmcltutsuch ezecu[edthesame.
WITNESS my tandaM officiat seal.
a__.. _____
Note PublicinmdforthesaiSSfete
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only lhe identity of the individual who signed the
document to which this certificale is attached,and not the Wthfutness,accuracy,or validity of that document.
State of Califomia
County of Las An eles
On Aoril 3, 2020 before me, Martha Tcabe.l T.ez Rinbi, Nntary Public
Date Here Insert Name and Title o/the O ce
personally appeared Jose An el Fierros
Nam of Slgne
who proved to me on the basis of satisfactory evidence to be the person(s)'whose nam s/ar
subscribed to the within instrument and acknowledged to me that he/s /theyexecuted the same in
hi kt eifauthorized capacity and that b is/hef/t r signatur on the instrument the persoq(Sf
or the entity_upon behalf of which the persor cted, executed the instrument.
I certiiy under PENALIY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
MARTHAISABELLOPEZflIUBI
NOIaryPublic-California S19f18tUf0
LasMgeles(aunry
comm s:o nnse3ia - Signature of No ary ub c
My Comm.&pires May 21.2021
Place Notary Sea!Above
OPT/ONAL
Though this section is optional, compfeting this information can deter aReration of the docum or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Docum ate:
Number of Pages: Signer(s) Other Than Named Abo .
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — Limited Gene Partner — Limited General
Individual Attor Fact Individual Attorney in Fact
Trustee ardian or Conservator Trustee Guardian or Conservator
Other:Other:
Signer epresenting: Signer Is Representing:
2014 National NotaryAssociation •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-682 Item k5907
CALIFORPIIA ALL-PUiiPOSE ACKNOWLEDGMENT CIVIL CODE§1789
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certifcate is attached,and not the truthfulness,accuracy,or validiTy of that document.
State of California
County of Los An¢eles
On Anri] 3, 2020 before me, Martha Tsabrl T.nne Rinhi Nn a Puhlic
Date Here Insert Name and Title o(the O cer
personally appeared Jose Ernesto Fierros
Na of Slgne
who proved to me on the basis of satisfactory evidence to be the person whose nam s/ar
subscribed to the within instrument and acknowledged to me that he/Sp€JkH€y executed the same in
his/h flt authorized capacity ie,and that by his/pedfhelr signature n the instrument the person(s;
or the entity_upon behalf of which the person(s)acted, executed the instrument.
I certity under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
MARTHAISABELLOPEZ111UBI
NotaryPublir ellfomlB z
losAngelesLounry ' SI9f13SUf0 OCommissiant]19831fi
MyComm.ExpirxzMay11,t021
f
SICJOffiI/fB0/NOfBf}Pfl IC
Place Notary Seaf Above
OPT/ONAL
Though this section is optional, completing this information can deter alteration of the docum or
fraudulent reattachment of this lorm to an unintended document.
Description of Attached Document
Title or Type of Document: Docum ate:
Number of Pages: Signer(s) Other Than Named Abo .
Capacity ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — Limited Gene Partner — Limited General
Individual Attor Fact Individual Attorney in Fact
Trustee ardian or Conservator Trustee Guardian or Conservator
Other:Other:
Signer epresenting: Signer Is Representing:
002014 National Notary Association •www.NatlonalNotary.org• 1-800-US NOTARY(1-800-876-682 Item#5907
CALI OHNIA ALL-PURPOSE ACKNOWLED6MENT CML CODE§1189
A notary public or other officer completing this certificate verifies only tha idantiry of the individual who signed the
documerrt ro which fhis certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Califomia
County of Los Angeles
On MAR S 1 2020 before me, Anqel Nunez Notary Public
Date Here lnsert Name end Tdie of the Ofl'ice
personalty appeared Peter Micciche
Name(s)of Signer(s)
who proved to ma on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within insWment and aclmowledged to me that he/she/they executed the same in
his/herRheir authoriied capacity(es),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 PENALN OF PERJURY under the laws
of the State of California that the foregoing paragreph
is true and cortect:
WITNESS my h d otficiai seal.
ANGELNUNEZ Signatu
NotaryPublic•Wlifornla Signatureof aryPublic
LoSAngelesCounty Commisslonpi321675 —
My Comm.Erpires A1ar 14,t0I4
Place Notary Sea!Above
OPTIONAL
Though this secfion is optionaf, completlng this informatlon can deter alteration of ihe document or
liaudulen[reattachment of this form to an unintended 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 Narne:
Corporate Officer — Title(s): Corporate Officer — Tdle(s):
Partner — LimBed General Partner — Limited General
Individual Attomey in Fact D Individual Attomey in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: O[her.
Signer Is Aepresenting: Signer Is Representing:
2014 National Notary Association •www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827J Item N5907
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N.Lindbergh Dt. Peoria,II,61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attomey is not valid or in effect unless attached to the bond which it aulhorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Compauy and/or Contractors Bonding and Insurance Company, each an Illinois corporetion, (separately and
togetheq the"Company")do hereby make,constitute and appoinh
Patricia Zeniw,Peter Micciche.Aneel Nunez.Elsa Eswbar.iointiv or severallv
in the City of Glendale State of California its We and lawful Agent(s) and Attomey(s) in Fact,with
full power and authoriTy hereby conferred,to sign, execute, acknowledge and deliver for and on its behalf as Surery, in general, any and all
bonds and undertakings in an amount not to exceed Twentv Five Million Dollars
25.000.000.00 1 for any single obligation.
The acknowledgment and execution of suchbond by4he said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regulazly elec[ed o cers of the Company.
RLI Insurance Company and/or Con[ractors Bonding and Insuraoce Company, as applicable, have each further certified that the
following is a true and e ct copy of a Resolution adopted by the Board of Directors of each such corporaKon,and is now in force,to-wit:
All bonds,policies, undertakings,Powers of Attomey o other obligations of the corporation shall be executed in the corporate name of
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Boazd
oF D'vectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attomeys in Fact or Agents who shall have authority to issue bonds,policies or undectakings in[he name of the Company. The wrporate
seal is not necessary for the validiTy of any bonds,policies,undertakings,Powers of Attorney or other obligations of the co=poration. The
signaNre of any such officer and the corporate seal may be printed by facsimile."
IN WIT'NESS WfIEREOF, the RLI Insurance Company and/or Contractors Bonding and Iusurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this llth day of
November , 2019
RLI Insuranre Company
oaowc xn'
q„
ppNCE o;4 CootrectorsBondingandInsuranreCompany
OpPOH l".'n': J • AYOq,l Z I
F' ;m2 =¢. w a:.<"
s' SEAL :` ; SEAL : ; B'"
ia•, Barton W.Davis Vice Presiden[
u
Sta[eofIllinois
uxo s p p s,o"
SS
Caunty ofPeoria CERTIFICATE
On this llth day of Nmember , 2019 ' before me, a Notary I, the undersigried officer of RLI I surance Company and/or
Publiq personally appeamd Barton W. Davis . who being by me duly Contractors Bonding and Insurance Company, do hereby certify
swom, aclmowledged that he signed the above Power of Attomey as [he that the attached Power of Attomey is in full force and effec[and is
aforesaid ollicer of [he RLI Insurance Company and/or Contractors 'vrevocable; and fiuYhermore, that the Resolution of the Compeny as
Bonding and Insuranre Company end acknowledged said instrument ro be set for[h in the Power of Attorney, is now in force. In testimony
the voluntary act and deed of said corporazion. whereof, I have hereunro set my hand and the seal of the RLI
Iusurance Ca v an y anNor Contrayt rs Dondin,a,!d_ Insurance
Compenythis sr day of 'MQIS .` -.
By; f j'' I+, (q'+ RLIlnsuranceCompany
Gretchen L.7ohnigk Notazy Public Contractors Bonding and Insuranre Company
GRETCHEN LJOHNIGK
I,iqM^"""'a 'OFFICIALSEAL• y;
H^^^^w^ Jean tephenson Colpon[eSecretaryMaV.2030
OJ49JJ30303/]
A005881,