AGR-6992 - R J NOBLE COMPANY - CDBG FY 2019-20 STREET REHABILITATION SACRAMENTO, CLINTON, OLIVE AND SHAFFER STREETSK_' 4 1
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CONTRACT
CDBG FY 19-20 Street Rehabilitation, Sacramento Street, Clinton Street,
Olive Street and Shaffer Street(Bid No. 190-44)]
THIS CONTRACT (the "Contract") is made and entered into as of,,,
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), and R.J. NOBLE COMPANY, a California corporation ("Contractor"), who agree as
follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter 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 incorporated herein by this reference, Contractor hereby agrees to
and shall do all the work and furnish all the labor, materials, tools and equipment, except such as
are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in
good workmanship and substantial manner the work(the "Work") described in:
1) The Construction Plans for CDBG FY 19-20 Street Rehabilitation, Sacramento
Street, Clinton Street, Olive Street, and Shaffer Street (Drawing SP-4110) prepared for City by
Eduardo Lopez, approved by the "Engineer" (as defined herein below) on April 04, 2020, and
consisting of sheets numbered 1 through 8, 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 thereto;
4) The 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
here by this reference;
6) The "City of Orange Standard Special Provisions";
7) The Standard Plans; and
8) The Federal Special Provisions attached hereto as Attachment No. 5 and
incorporated here by this reference;
9) The Federal Labor Standards and Provisions attached hereto as Attachment No. 6
and incorporated 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 that a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereof. The Orange Book,Green Book and City of Orange Standard Special
Provisions and Standard Plans are on file with City's Public Works Director and are hereby
specifically referred to and by such reference made a part hereof. 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 Plans,the Orange Book,the Green Book,the Special
Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of
which documents shall be referred to herein collectively as the"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self-hauled construction and demolition waste. The terms and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and
the Bid Proposal and all applicable laws, including any and all applicable federal and state labor
laws and standards and applicable prevailing wage requirements and any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment.
e. Unless and until otherwise notified in writing by City's Public Works Director,
City's Principal Engineer,Randy Nguyen("Authorized City Representative"),shall be the person
to whom Contractor will report for the performance of the Work hereunder. It is understood that
Contractor's performance hereunder shall be under the direction and supervision of the Authorized
City Representative or such other person as City's Public Works Director may designate from
time to time, that Contractor shall coordinate the Work hereunder with the Authorized City
Representative to the extent required by the Authorized City Representative, and that all
performances required hereunder by Contractor shall be performed to the satisfaction of the
Authorized City Representative or City's Public Works Director.
f.It is expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and Contractor's Bid Proposal, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
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ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within ten(10) days of
the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the
Work within sixty (60) calendar days from such date, unless legal extension is granted in
accordance with the terms set forth in the Green Book. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed FIVE HUNDRED
TWENTY-ONE THOUSAND FORTY DOLLARS and 45/100($521,040.45)unless said amount
is amended by Contract Change Order approved by the City, as compensation for furnishing all
materials and doing all the Work contemplated and embraced in this Contract. Said compensation
covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements;
2) any unforeseen difficulties or obstructions which may arise or be encountered in the
prosecution of the Work until its acceptance by City, other than as provided below; (3)all risks of
every description connected with the Work; (4) all expenses incurred by or in consequence of the
suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and
for the whole thereof, in the manner and according to the Plans and Specifications, and
requirements of the Authorized City Representative under them. Retention amounts shall be
withheld from progress payments as required by law unless Contractor provides securities in lieu
of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties
recognize that additional, unforeseen work and services may be required by the Authorized City
Representative. In anticipation of such contingencies, the sum of FIFTY-TWO THOUSAND
ONE HLJNDRED FOUR DOLLARS and 00/100 ($52,104.00) has been added to the total
compensation of this Contract. The Authorized City Representative may approve the additional
work and the actual costs incurred by the Contractor in performance of additional work or services
in accordance with such amount as the Authorized City Representative and the Contractor may
agree upon in advance. Said additional work or services and the amount of compensation therefor,
up to the amount of the authorized contingency, shall be memorialized in the fortn of a Contract
Amendment approved by the City Manager on a form acceptable to the City Attorney. The
Contractor agrees to perform only that work or those services that are specifically requested by the
Authorized City Representative. Any and all additional work and services performed under this
Contract shall be completed in such sequence as to assure their completion as expeditiously as is
consistent with professional skill and care in accordance with a cost estimate or proposal submitted
to and approved by the Authorized City Representative prior to the commencement of such Work
or services.
c. The total amount of compensation under this Contract, including contingencies, shall
not exceed FIVE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED FORTY-
FOUR DOLLARS and 45/100 ($573,144.45).
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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 faulty equipment,workmanship,
materials furnished or methods of installations, or should said Work or any part thereof fail to
function properly, as designed, due to any of the above causes within twelve (12)months after the
date on which said Work is accepted by City, Contractor shall make repairs and furnish such
materials and equipment as are necessary to be furnished and installed within fifteen(15) calendar
days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as originally intended either by the Plans and Specifications of this
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen(15)calendar days after Contractor's
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
City, Contractor shall reimburse City,upon demand,for all expenses incurred. Emergency repairs
will be deemed as those repairs determined by City's Director of Public Works to be necessary
due to an immediate detriment to the health, safety, welfare or convenience of the residents of
City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
Permit"), which governs storm water and non-storm water discharges resulting from municipal
activities performed by City or its contractors. In order to comply with the Permit requirements,
the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing
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Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and
source control techniques to minimize the impact of those activities upon dry-weather urban
runoff, storm water runoff, and receiving water quality. Examples include: wash water from
cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped
areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the
office of City's Director of Public Works. Contractor hereby acknowledges that it has read,
reviewed and understands the Permit,the DAMP and the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered pursuant to this Contract. City shall not have the
right to control the means by which Contractor accomplishes services rendered pursuant to this
Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and
equipment which may be required for furnishing services pursuant to this Contract. Contractor
shall be solely responsible for,and shall indemnify,defend and save City harmless from all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security,withholding and all other wages,salaries,benefits,taxes,exactions,and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Coritractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement System benefits, or health, life, dental, long-term disability or workers'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have
no authority, express or implied,to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a "public work," as that term is
defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Department
of Industrial Relations (www.dir.ca.ov/DLSR). Additionally, to perform work under this
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Contract, Contractor must meet all State registration requirements and criteria, including project
compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a
copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and
1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of the Labor Code and shall prosecute and complete the Work
under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and
as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this contract."
d. Contractor shall indemnify,protect,defend and hold hartnless City and its officers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attorney's fees, court and litigation costs, and fees of expert witnesses)which result or
arise in any way from the noncompliance by Contractor of any applicable local,state and/or federal
law, including, without limitation, any applicable federal and/or state labor laws (including,
without limitation,the requirement to pay state prevailing wages). It is agreed by the parties that,
in connection with the construction of the Work which is the subject of this Contract, Contractor
shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as
used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted, adopted or amended from time to time. The foregoing indemnity shall
survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin,mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor shall post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
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b. Contractor shall, in all solicitations and advertisements for employees placed by,or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers,partners, or employees have a financial interest as
defined in Section 87103 of the Government Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses
including reasonable attorneys'fees and court costs)which City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury, loss or
damage whatsoever caused to any person or the property of any person which shall occur on or
adjacent to the real property which is the subject of this Contract, or in connection with
performance of this Contract which may be directly or indirectly caused by the acts or omissions
of Contractor or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or
substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any
willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents,
and employees. The foregoing indemnity shall survive termination of this Contract.
b. Any and all claims under workers' compensation acts and other employee benefit
acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out
of Contractor's Work under this Contract, including any and all claims under any law pertaining
to Contractor's status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the Work hereunder and the results of that Work by Contractor, its agents,
representatives, employees or subcontractors.
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b. Contractor shall maintain the following minimum amount of insurance: the greater
of either the limits set forth in(1)through(4), below; or all of the insurance coverage and/or limits
carried by or available to Contractor.
1) General Liability 2,000,000 per occurrence for bodily injury,personal
injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
2) Automobile Liability 1,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of California.
4) Employer's Liability 1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Contract are
sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to City, its officers, officials, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or
be endorsed to contain, the following provisions:
1) City, its officers, officials, agents, and employees are declared to be additional
insureds under the terms of the policy,with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability
arising out of Work or operations performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such Work or operations. A policy endorsement
to that effect shall be provided to City along with the certificate of insurance. In lieu of an
endorsement, City will accept a copy of the policy(ies)which evidences that City is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall
apply to City as an additional insured.
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2) For any claims related to this Contract, Contractor's insurance coverage shall be
primary insurance with respect to City, its officers, officials, agents and employees. Any
insurance or self-insurance maintained by City, its officers, officials, agents and employees shall
be excess of Contractor's insurance and shall not contribute with it.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
f.Contractor shall furnish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements shall be on forms
acceptable to City. All certificates and endorsements are to be received and approved by City
before the Work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications
at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by City. In
such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i.Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor
shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j.Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate
this Contract for any reason by giving five (5) days' written notice of intent to terminate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City terminate this Contract, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract,unless such termination shall be for cause, in which event City may
withhold any disputed compensation. City shall not be liable for any claim of lost profits.
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ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its
subcontractors shall maintain reasonably full and complete books, documents,papers, accounting
records and other information (collectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the term of this Contract and for a
period of three (3) years after termination or completion of this Contract, City shall have the right
to inspect and/or audit Contractor's records pertaining to the performance of this Contract at
Contractor's office. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal
laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this Contract comply, in all
respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including,
without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
2) Has not and will not knowingly employ any individual to perform services under
this Contract who is ineligible to work in the United States or under the terms of this Contract;and
3) Has properly maintained, and shall at all times during the term of this Contract
properly maintain, all related employment documentation records including, without limitation,
the completion and maintenance of the Form I-9 for each of Contractor's employees; and
4) Has responded, and shall at all times during the term of this Contract respond, in a
timely fashion to any government inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security,the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or subconsultants to make the same
representations and warranties required by this Article 15 when hired to perform services under
this Contract.
d. Contractor shall,upon request of City,provide a list of all employees working under
this Contract and shall provide, to the reasonable satisfaction of City, verification that all such
employees are eligible to work in the United States. All costs associated with such verification
shall be borne by Contractor. Once such request has been made, Contractor may not change
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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 governed by the laws of the State
of California and Contractor shall submit to the jurisdiction of California courts. Venue for any
dispute arising under this Contract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement,
oral or written,pertaining to the Work to be performed under this Contract shall be of any force or
effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent
with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. The
City Manager is authorized to execute amendments to this Contract up to the amounts specified in
Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in
writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of
deposit in the U.S.Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on
the date of the e-mail transmission.
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CONTRACTOR"CITY"
R.J.Noble Company City of Orange
P.O. BOX 620 300 E. Chapman Avenue
Orange, CA 92856-6620 Orange, CA 92866-1591
Attn: Kori Porter Attn: Randy Nguyen
Telephone: 714-637-1550 Telephone: 714-744-5531
E-Mail: KoriPorter@RJNobleCompany.com E-Mail: rnguyen@cityoforange.org
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the Work provided herein shall be subject to the procedures set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts,each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument. Signatures
transmitted via facsimile and electronic mail shall have the same effect as original signatures.
Remainder of page intentionally left blank; signatures on next page]
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CITY"
CITY OF ORANGE, a municipal corporation
By:
Mark A Murphy
Mayor of the City of Orange
CONTRACT, BONDS AND INSURANCE
APPROVED BY:ATTEST:
Mary E. Bin ing Pamela Coleman, City Clerk
Senior Assistant City Attorney
CONTRACTOR"
R.J.NOBLE COMPANY, a California corporation
Note: Slgnature of Chair nan oJthe By:X
Board, President or ce President is Printed Na • usTirr cnxvEx
requiredJ Title: vicE IDENT
Note: Signature of Secretary,Assistant By: X
Secretary, Chief Financia!Of,Jicer or Printed Na • EDLo`
Assistant Treasurer is also requiredJ Title: ASSITANT SECRETARY
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189
a3o E
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of (RAj r,.F 1
06/25/2020 J.DEIONGH,NOTARY PUBLIC
On before me,
e
AUSTIN CARVER Here Insert Name andTiile ofthe O cer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(j whose name(}islafe subscribed
to the within instrument and acknowledged to me that he/skie,#ey executed the same in his/+erf eir
authorized capacity(ies),and that by his/eir signature(s on the instrument the person s), or the entity
upon behalf of which the person(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoingJ.DEIONGH
4 ; . Notary Public-California paragraph is true and correct.i ;tt'' Oranqe County
comm s=o z3o aa, -
WITNESS my hand and official seal.My Comm.Expires Oc;28,2023
Signature
Place No:ary Seol and/or Siamp Above ignature of Notary PubliC
OPTIONAL
Completing this information can defer alteration of the document or
fraudulent reattochment of this form to an uninfended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General o Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator o Trustee Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
02018 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189
f3 13 E Ies f€
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validiry of that document.
State of California 1
County of QqANC;F 1
06/25/2020 J.DEIONGH,NOTARY PUBLIC
On before me,
e
JACOB BREEDLOVE Here Insert Name and Tiife ofthe O cer
personaliy appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name(s is/aFe subscribed
to the within instrument and acknowledged to me that he%pel#ey executed the same in hisf#e eir
authorized capacity(ies),and that by his/ber beir signature(s on the instrument the person s), or the entity
upon behalf of which the person(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
J.DEIONGH laws of the State of California that the foregoing
d "'"'' Notary PubBc-Califo
Orange County paragraph is true and correct.
t` / Commission 2307447 —
My Comm,Expires Oc;28,2C23 W I T N E S S my han d an d o ff icia l sea l.
Signature
Place No:ary Seol and/or Stomp Above nature of Notary P'ublic
OPTIONAL
Completing this infoimation can deter a/teration of the document or
fraudu/ent reattachmeni of this form to an uninfended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Individual o Attorney in Fact Individual Attorney in Fact
o Trustee a Guardian or Conservator Trustee Guardian or Conservator
Other: Other.
Signer is Representing: Signer is Representing:
02018 National Notary Association
ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; quali cations and application;
fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
public work contract that is subject to the requirements of this chapter. For the purposes of this section,
contractor" includes a subcontractor as defined by Section 1722.1.
a) To qualify for registration under this section, a contractor shall do all of the following:
1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and
pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under
this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee
shall be in a uniform amount set by the Director of Industrial Relations,and the initial registration and renewal
fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual
increments up to three years from the date of registration. Contractors who wish to do so will be required to
prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which
they wish to preregister.
2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section
3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is
subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or
certification of self-insurance required under Section 7125 of the Business and Professions Code.
B) If applicable,the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of
the Business and Professions Code.
C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or
determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration
award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment,
order, or determination that is under appeal, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law
providing for the debarment of contractors from public works.
E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the
performance of a contract for public works without being lawfully registered in accordance with this section,
within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e),
whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph,the period
of disqualification shall be waived if both of the following are true:
Attachment No. 1
Page 1 of 13
i)The contractor has not previously been found to be in violation of the requirements of this paragraph within
the preceding 12 months.
ii)The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars($2,000).
b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 1771.3 and shall be used only for the purposes specified in that section.
c)A contractor who fails to pay the renewal fee required under paragraph(1)of subdivision(a) on or before
the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the
performance of any contract for public work until once again registered pursuant to this section. If the failure
to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an
additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the
due date of the renewal fee.
d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered
by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of
a determination by the director pursuant to Section 1773.5 or a court decision,the requirements of this section
shall not apply, subject to the following requirements:
1)The body that awarded the contract failed, in the bid specification or in the contract documents,to identify
as a public work that portion of the work that the determination or decision subsequently classifies as a public
work.
2) Within 20 days following service of notice on the awarding body of a determination by the Director of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subcontractors are registered under this section or are
replaced by a contractor or subcontractors who are registered under this section.
3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal,
contract, or work performed after the awarding body is served with notice of the determination or decision
referred to in paragraph (2).
e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to
any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work
performed under a contract for public work on or after January 1, 2018, regardless of when the contract for
public work was executed.
This section does not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars ($15,000)or less when the project is for
maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract,and is not applicable to work carried
out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
Attachment No. 1
Page 2 of 13
Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission;
exceptions; violations; penalties
a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
b)Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public
works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of
the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
1) The subcontractor is registered prior to the bid opening.
2)Within 24 hours after the bid opening,the subcontractor is registered and has paid the penalty registration
fee specified in subparagraph(E) of paragraph (2) of subdivision(a) of Section 1725.5.
3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public
Contract Code.
d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding
authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
e)The department shall maintain on its Internet Web site a list of contractors who are currently registered to
perform public work pursuant to Section 1725.5.
fl A contract entered into with any contractor or subcontractor in violation of subdivision(a) shall be subject
to cancellation,provided that a contract for public work shall not be unlawful, void, or voidable solely due to
the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section
1725.5 or this section.
g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged
in the performance of any public work contract without having been registered in accordance with this section,
the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100)for each
day of work performed in violation of the registration requirement,not to exceed an aggregate penalty of eight
thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of
subparagraph (E) of paragraph(2) of subdivision(a) of Section 1725.5.
h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
tiered public works contractor or subcontractor who is found to have entered into a subcontract with an
unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section
1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state,of one hundred dollars($100)
Attachment No. 1
Page 3 of 13
for each day the unregistered lower tier subcontractor performs work in violation of the registration
requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of
subdivision(a)of Section 1775 when determining the severity of the violation and what penalty to assess,and
may waive the penalty for a first time violation that was unintentional and did not hinder the Labor
Commissioner's ability to monitor and enforce compliance with the requirements of this chapter.
3)A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant
to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section
1725.5 due to the revocation of a previously approved registration.
4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works
contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or
subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any
penalties pursuant to paragraph(1).
i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in
accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g)
and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment
issued under this subdivision may be requested in accordance with the provisions of Section 1742. The
regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Article 2(commencing with Section 1770), shall apply.
j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without
having been registered in violation of the requirements of Section 1725.5 or this section, the Labor
Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the
unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor
is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public
work.
2) A stop order may be personally served upon the contractor or subcontractor by either of the following
methods:
A)Manual delivery of the order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public
work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or
subcontractor at one of the following:
i)The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors'
State License Board.
ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors'
State License Board,the address of the site of the public work.
3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party
contracting with the unregistered contractor or subcontractor,by the unregistered contractor or subcontractor,
or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the
procedures, time limits, and other requirements specified in subdivision(a) of Section 238.1.
Attachment No. 1
Page 4 of 13
4)Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered
by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage
rate by that employer for any hours the employee would have worked but for the work stoppage,not to exceed
10 days.
k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or
subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty
of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding
ten thousand dollars ($10,000), or both.
1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for
public work entered into on or after April 1, 2015. This section shall also apply to the performance of any
public work, as defined in this chapter, on or after January 1, 2018,regardless of when the contract for public
work was entered.
m)Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 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 requirements when bidding and awarding public works contracts
a) All of the following are applicable to all public works projects that are otherwise subject to the
requirements of this chapter:
1)The call for bids and contract documents shall specify that the project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by
regulation.
3)Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A)At least monthly or more frequently if specified in the contract with the awarding body.
B) In a format prescribed by the Labor Commissioner.
4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on
a project for which registration is not required because of subdivision ( of Section 1725.5, the unregistered
contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years after
completion of the work.
5) The department shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
Attachment No. 1
Page 5 of 13
b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision (a) if either of the following occurs:
1)The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on
all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December 31, 2011.
2)The awarding body has entered into a collective bargaining agreement that binds all contractors performing
work on the project and that includes a mechanism for resolving disputes about the payment of wages.
c) The requirements of paragraph(1)of subdivision(a)shall only apply to contracts for public works projects
awarded on or after January 1, 2015.
d) The requirements of paragraph (3) of subdivision(a) shall apply to all contracts for public work, whether
new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded,forfeit not more than two hundred dollars($200)
for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work done
under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the
contractor.
2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of
both of the following:
i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good
faith mistake and, if so,the error was promptly and voluntarily corrected when brought to the attention of the
contractor or subcontractor.
ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the
correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily
corrected when brought to the attention of the contractor or subcontractor.
ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
within the previous three years for failing to meet its prevailing wage obligations on a separate contract,unless
those penalties were subsequently withdrawn or overturned.
iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision(c) of Section 1777.1.
C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding
wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor
Attachment No. 1
Page 6 of 13
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar
day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate
of per diem wages by the subcontractor,the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the
specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of
the following requirements:
1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5,
1813, and 1815.
2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the
subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
3)Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages,the contractor shall diligently take corrective action to halt or rectify the failure, including, but
not limited to,retaining sufficient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the
public works project and any amounts due pursuant to Section 1813.
c)The Division of Labor Standards Enforcement shall notify the contractor on a public works project within
15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a
subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive
nonredacted copies of certi ed records; noncompliance penalties; rules
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or
her in connection with the public work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both of the following:
1)The information contained in the payroll record is true and correct.
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
Attachment No. 1
Page 7 of 13
b)The payroll records enumerated under subdivision(a)shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
2)A certified copy of all payroll records enumerated in subdivision(a)shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract and the Division of Labor
Standards Enforcement of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision(a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll
records have not been provided pursuant to paragraph (2), the requesting party shall,prior to being provided
the records,reimburse the costs of preparation by the contractor, subcontractors, and the entity through which
the request was made. The public may not be given access to the records at the principal office of the
contractor.
c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of
subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with
the entity that requested the records within 10 days after receipt of a written request.
e) Except as provided in subdivision (, any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding body or the Division of Labor
Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the subcontractor
performing the contract shall not be marked or obliterated. Any copy of records made available for inspection
by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the purposes of allocating contributions to participants shall be marked or obliterated only to
prevent disclosure of an individual's full social security number, but shall provide the last four digits of the
social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-
management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29
U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security
number.
1)Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike
Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance
Code and other law enforcement agencies investigating violations of law shall, upon request, be provided
nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for
inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike
Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be
marked or redacted to prevent disclosure of an individual's name, address, and social security number.
Attachment No. 1
Page 8 of 13
2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in
good faith in compliance with this subdivision.
g)The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision(a). In the event that the contractor or subcontractor fails to
comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is
not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply
with this section.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
j)The director shall adopt rules consistent with the California Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the
release of these records, including the establishment of reasonable fees to be charged for reproducing copies
of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable
craft or trade; exemptions; contributions; compliance program
a)(1) This chapter does not prevent the employment upon public works of properly registered
apprentices who are active participants in an approved apprenticeship program.
2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of the
California Apprenticeship Council established pursuant to Section 3070.
b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or
trade to which he or she is registered.
2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch
of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice
to fill out an application or undergo testing, training, an examination, or other preemployment process as a
condition of employment, the apprentice shall be paid for the time spent on the required preemployment
activity, including travel time to and from the required activity, if any,at the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective
bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or
she fails to pass that test.
c) Only apprentices, as defined in Section 3077,who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
Attachment No. 1
Page 9 of 13
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
1)The apprenticeship standards and apprentice agreements under which he or she is training.
2)The rules and regulations of the California Apprenticeship Council.
d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However,the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
o).
e) Before commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract,
the number of apprentices proposed to be employed, and the approximate dates the apprentices would be
employed. A copy of this information shall also be submitted to the awarding body, if requested by the
awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the
journeyman and apprentice hours performed on the contract. The information under this subdivision shall be
public. The apprenticeship programs shall retain this information for 12 months.
fl The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as
otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every
five hours of journeyman work.
h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However,the contractor shall endeavor, to the greatest extent possible,to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator
Attachment No. 1
Page 10 of 13
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each five journeymen in a craft or trade classification.
i)A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship
program in the craft or trade,shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision(g).
j)Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every
five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate
exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it 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 training in the area exceeds a ratio of 1 to 5.
3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen
annually through apprenticeship training, either on a statewide basis or on a local basis.
4) Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public
at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a journeyman.
1) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a
specific trade from the 1-to-5 ratio on a local or statewide basis,the member contractors shall not be required
to submit individual applications for approval to local joint apprenticeship committees, if they are already
covered by the local apprenticeship standards.
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Department of Industrial Relations for administering this subdivision, by making
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
Attachment No. 1
Page 11 of 13
i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program shall
be made.
ii)If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade
and county for which the training contributions were made to the council, the grant shall be divided among
those programs based on the number of apprentices from that county registered in each program.
iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future
expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship
and preapprenticeship standards and requirements under this code.
B)An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the
apprenticeship program agrees,prior to the receipt of any grant funds,to keep adequate records that document
the expenditure of grant funds and to make all records available to the Department of Industrial Relations so
that the Department of Industrial Relations is able to verify that grant funds were used solely for training
apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices,
receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be
deemed to require an apprenticeship program to provide the Department of Industrial Relations with more
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C)The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used
solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds
are expended or if an apprenticeship program is found to be using grant funds for purposes other than training
apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of
the apprenticeship program.
3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the
Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of
carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.
n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
p)An awarding body that implements an approved labor compliance program in accordance with subdivision
b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under
the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of
Attachment No. 1
Page 12 of 13
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article. In awarding any contract for public work, the awarding
body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take
cognizance of all violations of this article committed in the course of the execution of the contract, and shall
report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 '/Z
times the basic rate of pay.
Attachment No. 1
Page 13 of 13
ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of
contractors for public works projects; claims process (Ef£ January 1, 2017)
a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that
all construction business performed on a public works project in the state that is complete and not in dispute
is paid in full and in a timely manner.
b)Notwithstanding any other law,including,but not limited to,Article 7.1 (commencing with Section 10240)
of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing
with Section 20104) of Chapter 1 of Part 3,this section shall apply to any claim by a contractor in connection
with a public works project.
c) For purposes of this section:
1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return
receipt requested, for one or more of the following:
A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by a public entity under a contract for a public works project.
B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled.
C)Payment of an amount that is disputed by the public entity.
2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000)of Division 3 of the Business and Professions Code who has entered into a direct contract with a public
entity for a public works project.
3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division, bureau, board, or commission,the California State University, the University of
California, a city, including a charter city, county, including a charter county, city and county, including a
charter city and county, district, special district,public authority, political subdivision,public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
B) "Public entity" shall not include the following:
i) The Department of Water Resources as to any project under the jurisdiction of that department.
ii)The Department of Transportation as to any project under the jurisdiction of that department.
iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
Attachment No. 2
Page 1 of 3
v) The Military Department as to any project under the jurisdiction of that department.
vi)The Department of General Services as to all other projects.
vii)The High-Speed Rail Authority.
4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public
structure, building, road, or other public improvement of any kind.
5)"Subcontractor"means any type of contractor within the meaning of Chapter 9(commencing with Section
7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or
is a lower tier subcontractor.
d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall
conduct a reasonable review of the claim and,within a period not to exceed 45 days,shall provide the claimant
a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon
receipt of a claim,a public entity and a contractor may,by mutual agreement, extend the time period provided
in this subdivision.
B) The claimant shall furnish reasonable documentation to support the claim.
C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension,
expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after
the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph
3) shall apply.
2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any
portion of the claim remains in dispute, the public entity shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment
due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity
issues its written statement.Any disputed portion of the claim, as identified by the contractor in writing, shall
be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs
equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each
party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator. If 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 evaluation.Any mediation utilized shall conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation
has been commenced.
E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if 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 time requirements of this section shall result in the claim being
deemed rejected in its entirety.A claim that is denied by reason of the public entity's failure to have responded
to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse
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 tier subcontractor lacks legal standing to assert a claim against a public entity
because privity of contract does not exist,the contractor may present to the public entity a claim on behalf of
a subcontractor or lower tier subcontractor.A subcontractor may request in writing,either on their own behalf
or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public entity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim,provide the subcontractor with a statement of the reasons for not having done so.
e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public
works project that may give rise to a claim under this section.
A waiver of the rights granted by this section is void and contrary to public policy,provided,however,that
1)upon receipt of a claim,the parties may mutually agree to waive,in writing,mediation and proceed directly
to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair
the timeframes and procedures set forth in this section.
g) This section applies to contracts entered into on or after January 1, 2017.
h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
i)This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
Attachment No. 2
Page 3 of 3
ATTACHMENT NO.3
COMPLIANCE DOCUMENTS
Beneath this sheet.]
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COMMUNITY DEVELOPMENT BLOCK GRANT
F CONTRACT COMPLIANCE DOCUMENTS
The following list of documents shall be completed and submitted by the contractor wit6in ten(10)days after
the award of contractor.
1
i CD-1 Contracting with Disadvantaged Business Enterprises(DBE)
CD-2 Previous contract performance regarding E.E.O.
j CD-3 Section 3 clause.
i CD-5 Contractor's Section 3 Affirmative Action Plan.
CD-6 Contractor's/Sub-contractor's certification for Section 3 compliance appointee.
t CD-7 Certification of non-segregated facilities.
CD-8 Compliance with Clean Air and Water Acts.
f CD-9 Contractor's certification of sub-contract awards.
CD-10 Attachment A: Estimated Project Work Force Breakdown.
CD-11 Contractor's Certification conceming Labor Standards and Prevailing Wage Requirements.
CD-13 Sub-contractor's Certification conceming Labor Standards and Prevailing Wage Requirements.
CD-15 Contractor's certificate regarding Lobbying activities using Federal Funds.
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CONTRACTING W1TH SMALL AND MINORITY FIRMS,WOMEN'S BUSINESS ENTERPRISE,
AND LABOR SURPLUS AREA FIRMS
I. It is national policy to award a fair share of cantracts to small and minority business firms. Accordingly,aftirmative
steps must be taken to assure that small and minority businesses are utilized when possible as sources of supplies,
equipment,construction,and services. Affirmative steps shall include the following:
a. Including qualified small and minoriry businesses on solicitation lists.
b. Assuring that small and minority businesses are solicited whenever they are potential sources.
c. W hen economically feasible,dividing total requirements into smaller tasks or quantities so as to
i permitmaximum small and minority business participation.
I d. Where the requirement permits, establishing delivery schedules which will encourage
participation by small and minority businesses.
e. Using the services and assistance of the Small Business Administration and Minority Business
Development Agency of the Department of Commerce as required.
f. If any subcontracts are to be let,requiring the prime contractor to take the affirmative steps in I
a)through 1 (e)above.
2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises.
4
ti3. Grantees are encouraged to procure goods and services from labor surplus areas.
I I have read this required information regarding contracti g with small and minority tirms, women's business
enterprise, n l or surplus area firms which is evidenced by my signature.
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Signatur N CARVER,VICE PRES[DENT
06/2G/2020
Date
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CD-1
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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 X ,proposed subcontractor_,hereby certifies that he has X ,has not_, participated in a
previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925, I L l 14,or
l 1246,and that he has X_,has not_,filed with the]oint Reporting Committee,the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity,all reports due under the applicable filing requirements.
V R.J.NOBLE COMPANY
Company)
B xY
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AUSTIN R R,VICE PRESIDENT
i Title)
Ob/26/2020
Date:
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lNOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor[41
I CFR 60-l.7(b)(1)J,and must be submitted by bidders and proposed subcontractors only in connection with contracts and
subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal
opportunity clause are set forth in 41 CFR 60-1,5. (Generally only contracts or subcontracts of$]0,000 or under are exempt.)
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the
j Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7 (b) (1)prevents the award of
i contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S.Department ofthe lnterior or by the Director,Office of Federal Contract Compliance,U.S.Department
of Labor.
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s .CE _TION.SI.AlI E
A. The work performed under this cantract is subject to the requirements of section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by
section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3. As
evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
I C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a
coilective bargaining agreement or other understanding, if any, a notice advising the labor organization 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 applicants for training and employment positions can see
the notice. The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to
hire,availability of apprenticeship and vaining positions,the qualifications for each; and the name and location of the
person(s)taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24
j CFR part I35 and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this
section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The conVactor
will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontracior has been
found in violation of the regulations in 24 CFR part 135.
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j E. The contractor will certify that any vacant employment positions,including naining positions,that are filled(1)after the
contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations
of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the convactor's
obliga[ions under 24 part I35.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for
default,and debarment or suspension from future HUD assisted conuacts.
f G. With respect to work performed in connection with Section 3 covered Indian housing assistance, 5ection 7(b of the
Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e.)also applies to the work to be performed
under this contract. Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training
and employment shall be given to lndians,and(ii)preference in the award of confracts and sub constracts shall be given
to lndian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions
f
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).
i1 have read ' required information regarding section 3 requirements which is evidenced by my sign ture.
X 06/26(2020
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S/GNAT THE CONTRACTOR DATE
i AUST[N CARVER VICE PRESIDENT
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CD-3
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SECTION 3 EMPLOYEE HIRING LIST
The following list provides the names of organizations that may be contacted for potential employees to meet Section 3
requirements:
r naFeeien O ee-Eop Career Employment Center North Orange City Regional Oae-Stop Center
50 S.Anaheim Boulevard,#300 1811 W.La Habra Boulveard
Anaheim,GA 92805 La Habra,CA 90631
714)765-4350(Voice) 562}905-7076(Voice)
7l4)765-4356(Fax) 562)905-7095(Fax)
Coasfial Cou acy Etegaonal One-top Center South Orange County Regional One-Stop Center
1675 Scenic Avenue 23456 Madero,Suite I50
Costa Mesa,CA 92626 Mission Viejo,CA 92691
714)24i-4900(Voice) 949}588-3906(Voice)
714)241-4977(Fax) 949)588-3930(Fax)
VVest 9range o a&y One-Stop Center Santa Ana WORK Center
11277 Garden Grove Boulevard,Suite 101-C 1000 E.Santa Ana Boulevard
Garden firove,CA 92840 Santa Ana,CA 92701
7l4)7 1-5020(Voice) 714)565-2600(Voice)
714}741-5546(Fax) 714)647-2602(Fax)
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CD-4
CONTRACTOR'S SECTION 3
AFFIRMATIVE ACTION PLAN
The undersigned contractor 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,California.
l. Take affirma[ive action to ensure that emplayees or applicants for employment or training are not discriminated
aaainst because of race,color,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
pos:a copy of the notice at a conspicuous place available to employees and applicants for employment or training.
3. To the greatest extent feasible,make a good faith effort to recruit for employment or training lower income residents
from[he Ci[y of Orange,and to award contracts to business concems which are located in or owned in substantial
part by persons residing in the City of Orange through use of local adveRising media; signs placed at the project
site;and notification to community organizations and public or private institutions operating within or serving the
project area such as Service Employment and Redevelopment(SER),Opportunities lndustrialization Center(OlC),
Urban League, Concentrated Employment Program, U.S. Employment Service, Chamber of Commerce, labor
unions,trade associations,and business concems.
l, ivlaintain a file of al! low income area residents who applied for employment or training either on their own or on
referral from any source,and the action taken with respect to each area resident.
5. Ivlaintain a file of all business 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, Nlaintain records, including copies of correspondence, memoranda, etc., which document that at irmative action
steps have been taken.
7. incorporace the Section 3 Clause provisions in all subeontracu, and require subcontractors to submit a Section 3
4ffirmativz Action Plan.
8. List project work force needs for the project by occupation,trade,skill level,and number of positions on the attached
iorm"A",Estimated Project Work Force Breakdown.
9. List information related to subcanuacts to be awarded on the attached form"B",List of Subcontractors.
R.J.NOBLI:COMPANY l»0 G.LINCOLN AVE.,
Company\ame Street Address
x ORANGF:,CA 93865
Signature City,State,Zip Code
AUSI'IN CARVi:K.VICE PRESIDENT 06/26J2030
Title Date
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CD-5
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CONTRACTOR'S SUB-COMTRACTOR'S
i CERTIFICATION FOR SECTION 3
COMPLIANCE APPOINTEE
Please be advised that: R.J.NOBLE COMPANY
Company Name)
I5505 E.LINCOLN AVE.,ORANGE,CA 93865
Company Address)
hereby appoints AUS'TIN CARVER
Name of Appointee)
VICE PRESIDENT
Of
R.J.NOBLE COMPANY
Present official status) with company)
as it's affirmative accion officer. He/She has been given the authority to establish,dissminate and enforce the required action
steps of Equal Employment and Section 3 clauses of the contract CDB e•v zoi9izo2o
He/She may be contacted at
15505 L'.LINCOLN AVENUE,ORANGE,CA 92865
Address)
714-637-15i0
Telephone number)
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AUSTIN CARVER,V10E PRESIDEN'P
Sign f President or Legal Counsel) Printed name of Signatory)
06/26/2020
ORANGE,CA
Date)City and State)
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I CD-6
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s` CERTIFICATION OF NON-SEGREGATED FACILITIES
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I Federally Assisted Projects
The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated
facilities at any of his establishments, and that he does not permit his employees to perform their services at any location,
under his control,where segregated facilities are maintained. The federally assisted construction contractor certifies further
that he will not maintain or provide for his employees any segregated facilities at any of his establishments,and that he will
not permit his employees to perform their services at any location, under his control, where segregated facilities are
maintained. The federaliy assisted construction contractor agrees that a breach of this certification is a violation of the Equal
4 Opponunity 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
dressin; areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race,creed,color,
or national origin, because of habit, local custom,or otherwise. The federally assisted construction contractor agrees that
except where he has obtained identical certifications form proposed subcontractors for specific time periods)he will obtain
identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not
exempt from the provisions of the Equal Opportunity clause,and that he will retain such certifications in his files.
OT: The penalty for making false statements in ofters is prescribed in 18
U C.Y001
Com an
R.].NOBLECOMPANY
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Title:
USTI CARVER,VICE PRESIDGNT
0G/26/2020
Date:
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CD-7
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COMPLIANCE WITH CLEAN AIR AND WATER ACTS
f APPLICABLE TO FEDERALLY ASSISTED CONTRACTS AND RELATED SUBCONTRACTS EXCEED[NG
100,000)
During the performance of this contract,the contractor and all subcontractors shall comply with the requirements of the Clean
Air Act,as amended,42 USC 1857 et seq.,the Federal Water Pollution Control Act,as amended,33 USC 1251 et seq.,and
the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended.
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In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall fumish to the owner the
following:
l. A stipulation by the contractor subcontractors,that any facility to be utilized in the performance of any nonexempt
contract or subconvact,is not listed on the list of Violating Facilities issued by the Environmental Protection Agency
EPA)pursuant to 40 CFR 15.20.
2. Agreement by the conuactor to comply with all the requirements of Section l 14 of the Clean Air Act,as amended,
42USC 1857c-8)and Section 308 ofthe Federal Water Pollution Control 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.
3. A stipulation that as a condition for award of the contract,prompt notice will be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the
contract,is under consideration to be listed on the EPA List of Violating Facilities.
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4, Agreement by the contractor that he will include,or cause to be included,the criteria and requirements in paragraph
I through 4 of this section in every nonexempt subcontract and requiring that the contractor wi11 take such action as
the government may direct as a means of enforcing such provisions.
I have read this required informetion regarding the Clean Air and Water Acts which is evidenced by my signature.
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i Signature IN CARVER,VICE PRES[DENT
06/26/2020
Date
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CD-8
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CONTRACTOR'S NOTIFICATION O SUBCONTRACTS AWARDED
9o-a SACILAMIiN"I'O S'1'.CI.INTON S'1.OI.IVE R.SHAFFEii 5'I`DATE: (,n6f2020
CONTRACT NUMBER: PRO)EC7'AREA: •
PRO)ECT TITLE: CDHG F1'19-2o CONTRACTOR:,
5ubcontractor's Name,Address and Telepl one Employer Gontracl Esliroated Dates
1lumber ldenlification Amount Crafts to be Used
Number Starlin Com letion
CAT TRACKING INC 951-254-91G3 c-3do715S
54.500.1 u 9/1/20 9/30/20
P O.BOX 1473.CORONA.CA 92A7R
CL SURVGYING K MAPPING 951-48J-A200
45-2133'KW g2$0.00
I.ARORfiRS
1269 PUMONA RIl STE IIlB 8/3/20 9/30/20
CORONA,CA 92883
GLUBAI.ROAI)SF.ALING 71 1-893-1IR45
8/17/20 9/30/20
10832 DORTIIY 1_N 33-R36547 S I S.SINI.(KI I.AHORGRS
GARDI;N GROVIi,CA 926R3
NoaFs riNc. ia-a z-sss3
s/1/Zo 9/3o/zo
7G(Kl ACACIA AVt: 15_;2gO5U0 153,1N I(0 LORORL'RS/UPL'RA"fING tiNGINGGKS
GARI3L'•N GRUVI:,CA 92R41
NOTE: DOCUMENTATION TO BE PROVIDED BY CONTRACTOR WITHIN 10 WORKiNG DAYS OF A WARD OF ANY CONTRACT.
Tl e undersigne I reby certifies that each subcontractor or lower tier subcontractor I as been notified in writing of his equal opportunity obligations.
X AUS"I1N CARVER.VICG PRESIU}=N"f
Signature Name and Title
714-6;7-I 5. 33-1{R6G249
Telephone Number Contractor's Employer ldentification Number.
CD-9
ffTTAChi IENT"A"
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i ESTIMATED PROJECT WORK FORCE BREAKDOWN
iCOLL'!vi? 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Job Cxtegory Total Estimate No.Positions Currently Occupied No.Positions lVo.Positions to be
Positions by Perm.Employees Currently F ed with Gipar*
Unoccu ied
Officers/
Su ervisors
P[ofessiona; N1A N!A N/A N/A
Technicians N/A N/A N/n N/A
Housing/Sa[es/
Rental/M t. N NIA Nln N/n
Office Clerical 50 o 0 0
Service Workers N/A N/A N/A N/A
Others NIA NIA N/A N/A
TRADE: Aeoa ks
Journe men 35 3S
H21 C S 5 15 0 TBD
A renti es
Trainees
TRA DE:
Journe men
Hel ers
A rentices
Trainees
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TRADE:
i Joume men
i Hel ers
A rentices
7'rainees
Total:
I Lower Income Project Area Residenu
AUS'1'IN CARVER,VICE PRES1llENT
ontractor's signature Name and Title
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CD-10
J. . DEPA TIO IENT OF I OUSI iG APiD URBAN DEVELOPMENT
COMMUNiTY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
viCERiVING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO(Appropriate Recipient):THE CITY OF ORANGE DATE: o61z6/2020
300 East Chapman avenue,Orange,CA.92866 PROJECT NUMBER(lf any):
c/o:
190-SP-4110
PROJECT NAME:C t G t v i9-zo
STREET REHABILl7'ATION
SACRAMENTO,CLINTON,OLIVE&SHAFFER
1. The und rsigned,having executed a contract with the City of Orange,Orange,California,for the construction of the above
identified roject,acknowled es that:
a) The Labor Standard Provisions are included in the aforesaid contract;
b) Correc ion of any infractions of the aforesaid conditions,including infractions by any of his sub-contractors and any lower tier
sub-contractors,is his res onsibilit ;
2,He certifies that:
a)Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contractor
by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29
CFR.Part)or pursuant to Section 3(a)of the Davis Bacon Act,as amended(40 U.S.C.276a-2(a)).
b)No part of the aforementioned contract has been or will be sub-contracted to any sub-contractor if such sub-contractor or any
firm,corporation,partnership or association in which such sub-contractor has a substantial interest,is designated as an ineligible
concractor ursuant to an of the aforementioned re ulato or statuto rovisions.
3.He agrees to obcain and forward to the aforementioned recipient within ten days after the execution of any sub-contract,including
those executed 6y his sub-contractors and any lower tier sub-contractors,a Sub-contractor's Certification concerning Labor Standards
and Prevailin Pla e Re uirements executed b the sub-contractors.
4.He certifies that:
a}The legal name and the business address of the undersigned are: R,.Not3 e coMPnNY
b)The undersiened is:
1)A SINGLE t'ROPRIETORSHIP
STATE OF
ORATION ORGANIZED IN Tl-
CALIFORNIA
2)A PARTIVERSHIP 4)OTHER ORGANIZATION (Describe)
c)The name,title and address of the owner,partner or of icers of the undersigned are:
NAME T1TLE ADDRESS
15505 E.LINCOLN AVG,ORANGE,CA 92865
MICHAFL J.CARVF.R PRESIDENT
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AUSTIN CARVER VICE PRGSIDL'NT I 50 G.LINCOLN AVE.,ORANGE,CA 92865
ST[:VE MGNUOZA SECRETARY I»OS E.LINCOLN AVL'•.,ORANGL',CA 92865
JAMES N.DUCOTE C.F.O. 15505 I..LWCOLN AVE.,ORANGE,CA 92865
CD-1 1
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d)The nar,ie and addresses of all other persons,both natural and corporate,having a substantial interest in the undersigned,and
the nature of the interest are(lf none,so state):
ME ADDRESS NATURE OF 1NTEREST
e)The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a
substantial interest are(if none,so state :
NA1vIE ADDRESS TRADE CLASSIFICAT[ON
R.l.NOI3LE COMPANY
Contractor
BY:
AUS'I'W ER,VICk:PRESIDENI'
TYPE NAME AND TITLE
DATE: o6iz6n_o2o
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N!A
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C011 MUNITY DEVELOPMENT BLOCK GRANT PROGRAM
J-CONTRACTOR'S CERTIFICATION
C l 1'1 A 3R STEiNDARDS AI D PREVAILING WAGE REQUIREMENTS
TO{Appropriate Recipient):THE C[T'l OF ORANGE DATE:
300 East Chapman avenue,Orange,CA.42866 PROJECI'NtJMBER(lf any):
c/o:
PROJECT NAME:
f
1. The undersigned,having executed a conuact with contractor or subcontractor)for
nature of work), in the amount of $ in the
construction of the above idee tified ro"ect,certifies that:
a)The Labor Standard Provisions of The Contract For Construction are included in the aforesaid contract;
b)Neithee he nor any firm,corporation,partnetship or association in which he has a substantial interest is designated as an ineligible
contractor by the CoYnptroiler General of the United States pursuant to Section 5.6(b)of tt e Regutatians ofthe Secretary of Labor,Pa
5(29 GFR.Part 5)or pursuant to Section 3(a)of the Davis Bacon Act,as amended(40 U.S.C.276a-2{a)).
c)No part oi the afoeementioned conteact has been or will be sub-contracted to any sub-contractor if such sub-contractor or any
firm, corporation, partnership or association in which such sub-contractor has a substantial interest, is designated as an ineligible
contractor ursu nt to an of the aforementioned re ulato or seatuto rovisions.
2.I-Ye agrees to obtain and forward to the contraceor,for transmittat to the recipient,within ten days after the execution of any tower
sub-contract,a Sub-contractor's Certification Concerning Lalsor Standards and Prevailing Wage Requirements,executed by the.lower
tier sub-contractors,in duplicate.
a)The workmen will report for duty on or about Date).
3.He certifies ehat:
a}The legal name and the business address of the undersigned are:
g b)The undersigned is:
l)A 5[NGLE PROPRIETORSH[P 2)A CORPORATION ORGANIZED IN THE.
STATE OF
2)A PA TNERSHlP 4)OTHER ORGANIZATION (Describe)
c)The name,tiEle and address of the owner,partner or o cers of the undersigned are:
NAIv9E T1TLE ADDRESS
CD-13
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ci)The:'ame and 2ddc sse s of ail other persons,both nataeal and corporate,having a substantia(interest in the undersigned,
and the nature oi the interest are(If none,so state):
NAINlE ADDRESS NATURE OF lNTEREST
e)The names,addresses and trade classifications of all other building construction conuactors in which the undersigned has
a substantiai interest are(Ifi nane,so state):
a;p g ADDR6SS TRADE CLASSff[CATIDN
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4 Sub-contractor
BY:
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TYPE NAME AND TITLE
DATE•
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CD-14
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Co ractor's Certificatioa re ardimQ]Lohbving activities usine Fedcra[Funds
Federal Fiscal Yeu•October 1,20_to September 30,20_}
AUS17N CARVL'R
hereby certify on behalf
Contrac[or S ubcontractor)
of
R.1.N013I.L COMPANY
that
Contrac or Subcontractor)
1} 'o Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person
ior influer.cin or a[tempting to influence an officer or employee of any Federal agency,a Member of Congress,an
o cer or empioyee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal concract,che making of any Federal grant,the making ofany Federal loan,the entering into of any cooperative
agreement,and chz extension,continuation,renewal,amendment,or modification of any Federal con[rac[,grant,loan,
or cooperative agreement.
2i li an funds ocher than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempcin;to influence an officer or empfoyee of any Federal agency,a Member of Congress,an officer ar employee
or`ongress, or ar. employee of a Member of Congress in connection with this Federal contract, grant, loan, or
couperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all
subaw2;ds a zli tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and
coa;erative agreen:ents)which e ceed S I00,000,and that all such subrecipients shall certify and disclose accordingly.
This ce:citic cion is a macerial representation of fact upon which reliance was placed when this transaction was made
or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1353,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil
pelaity of not less han 10,000 and not more that 160,000 for each failure.
xecuted:his 6 I H _day of JUNG ?p2U
BY:
X
Si e of authorized official)
AUSTIN A VGR,VICE PRCSIDENT
Title of authorized official)
R.J.NODLE COMPANY
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f CD-15
ATTACHMENT NO. 4
LABOR RELATIONS FORMS
Beneath this sheet.]
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U.S. Department of Labor PAYROLL
Wage and Hour Division For Contractor's Optional Use;See Instructions at www.dol.gov/whd/forms/wh347instr.htm)U.S.W.gc and Hour Dicisinn
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev.Dec.2008
NAME OF CONTRACTOR OR SUBCONTRACTOR nooRess
OMB No.:1235-0008
Expires:04/30/2021
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.
1) 2) 3) 4)DAY AND DATE 5)
I (
6) 7) 9)
oZ N DEDU(CTIONS
NET
NAME AND INDIVIDUAL IDENTIFYING NUMBER LL=a I GROSS WITH-WAGES
e.g.,LAST FOUR DIGITS OF SOCIAL SECURITY F w WORK o TOTAL RATE AMOUNT HOLDING TOTAL PAID
NUMBER OF WORKER z 3 w CLASSIFICATION HOURS WORKED EACH DAY HOURS OF PAY EARNED FICA TAX OTHER DEDUCTIONS FOR WEEK
O
S
O
S
O
S
O
S
O
S
O
S
O
5
O
5
While completion of Form WH-347 is optional,it is mandatory for covered contrectors and subcontradors perfortning work on Federally financed or assisted construction contrads to respond to the information wlledion contained in 29 C.F.R.§§3.3,5.5(a).The Copeland Act
40 U.S.C.§3145)contradors and subcontractors performing work on Federally financed or assisted construdion contrads to"fumish weekly a statement with resped to the wages paid each employee during the preceding week." U.S.Department of Labor(DOL)regulations at
29 C.F.R.§5.5(a)(3)(ii)require contractors to submit weekly a copy of all payrolls to the Federal agency contrading for or financing the construdion project,accompanied by a signed"Statement of Compliance"indicating that the payrolls are correct and compiete and that each laborer
or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed.DOL and federal contracting agencies receiving this information review the informa6on to determine that employees have received Iegally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to compiete this collection,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and compieting and reviewing lhe collection of information.If you have
any comments regarding these estimates or any other asped of this collection,including suggestions for reducing this burden,send them to the Administrator,Wage and Hour Division,U.S.Department of Labor,Room S3502,200 Constitution Avenue,N.W.
Washington,D.C.20210
over)
Date
b)WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed in the above referenced payroll has been paid,
Name of Signatory Party) Title) as indicated on the payroll,an amount not less than the sum of the applicable
do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract,except as noted in section 4(c)below.
1)That I pay or supervise the payment of the persons employed by
c)EXCEPTIONS
on the
Contractor or SLbcontractor) EXCEPTION(CRAFT) EXPLANATION
that during the payroll period commencing on the
Building or Work)
day of and ending the day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have
been or will be made either directly or indirectly to or on behalf of said
from the full
Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly
from the full wages eamed by any person,other than permissible deductions as defined in Regulations,Part
3(29 C.F.R.Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended(48 Stat.948,
63 Stat.108,72 Stat.967;76 Stat.357;40 U.S.C.§3145),and described below:
REMARKS:
2)That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract;that the classifications
set forth therein for each laborer or mechanic conform with the work he pertormed.
3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and
Training,United States Department of Labor,or if no such recognized agency exists in a State,are registered
with the Bureau of Apprenticeship and Training,United States Department of Labor.
4)That:
a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS NAME AND TITLE SIGNATURE
in addition to the basic hourly wage rates paid to each laborer or mechanic listed in
the above referenced payroll, payments of fringe benefits as IIStBd I thB COfltfaCt THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
have been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 23'I OF TITLE
except as noted in section 4(c)below. s oF THE uNiTEo srnTEs cooe.
y
5._ , .,
CITY OF ORANGE PUBLIC WORKS DEPARTMENT FORM HC-58
OWNER OPERATOR LISTING
NOTE:THE CERTIFICATION 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 t1ND DATE 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 Gross Check
Owner Operator(If any) Pay. Amount Number
License No. ST Hours Earned
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 state:
name of signatory party) Title)
1)That I pay or supervise the payment of the persons reported on this form as Owner Operators by
contractor or sub-contractor)
on the that during the payroll period commencing on the day of
19
Building or Work)
all persons employed on said project have been paid the full weekly wages earned,that no rebates have been or will be made either directly or indirectly to or
on behalf of said from the full weekly earned by any
Contractor or Sub-contractor)
person and that no deductions have been made either directly or indirectly from the full sums earned by any person,other than peanissible deductions as
described below: 276c),and described below:
2)That any payrolls or listings otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for
the laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that
the classification set forth therein for each laborer or mechanic conform with the work he performed.
3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency
recognized by the Bureau of Apprenticeship and Training,United States Department of Labor.
4)That:
a)WHERE FRINGE BENEFTI'S ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS
In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll or listings,payments of
fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted
in Section 4(c)below.
b)WHERE FRINGE BENEFITS ARE PAID IN CASH
Each Laborer or mechanic listed in the above referenced payroll or listings has been paid as indicated on the payroll,an amount not less than
the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in
Section 4(c)below.
c)EXCEPTIONS
EXCEPTION(CRAFT) EXPLANATION
REMAIiK5
NAME AND TITLE SIGNATURE
Tf WILLFUL FALSIFICATION OF THE ANY OF Tf ABOVE STATEMENTS MAY SUBJECT Tf CONTRACTOR OR SUB CONTRACTOR TO
CIVIL OR CRIMINAL PROSECiTTION.SEE SECTION 1001 OF TTI'LE 18 AND SECTION 231 OF TITLE 31 OF THE iTNITED STATES CODE.
LR-4
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CITY OF ORANGE
FRINGE BENEFIT STATEMENT
TO BE SUBMITTED WITH THE FIRST CERTIFIED PAYROLL STATEMENT Form HG50
CONTRACT/PROPOSAL FEDERAL NUMBER: TODAY'S DATE:
NUMBER:
i
TO: ADDRESS: City of Orange
Resident Engineer Public Works Deparhnent
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
f work,which may be done on the above contract,the hourly rates for the Fringe Benefits,subsistence and/or
travel allowance payments(as required by collective bargaining agreements)made for employees on the
various classes of work are tabulated below.
CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE 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: EFFECTIVE DATE: SUBSISTENCE or TRAVEL
PAY: $
F Health& PAID TO:name:
R Welfare: $ address:
I Pension: $ PAID TO:name:
N Vacation/address:
G Holiday: $ PAID TO:name:.
i '; E Training& address:
Benefits Other:PAID TO:name:
TOTAL: $ address:
CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE 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:
Supplemental statements must be submitted during the progress of work should a change in the rate of any
of the classifications be made.
SUBMITTED:Contractor/Sub-contractor BY:
4;
1
TITLE:
LR-5
11. U.S.DEPARTMENT OF MONIT Y EMPLOYMENT 1.Covered area(SMSA or EA) 3.Current Goals 4.Reporting Period
LABOR
Em lo ent Standards Administration,OFCCP UTII.IZAT'ION REPORT Minority: From:
This report is required by Executive Order 11246,Sec.203.Failure to report can result in 2.Employers ID Number Female: To:
contracts being canceled,terminated or suspended in whole or in part and the contractar may be
declared ineligible for further Federally assisted Government construction contracts.
Name and address of the Contractor Federal Funding
Agency
6.WORK HOURS OF EMPLOYMENT(Federal&Non-Federal)
5 6a. 6b. 6c. 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 T12ADE Hispanic origin) ISLANDERS Alaskan Native Employees Employees
M F M F M F M F M F M F M F
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
Journey worker
Apprentice
Trainee
SUB-TOTAL
TOTAL JOURNEY WORKERS
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
11. Company official's signature and Title 12.Telephone Number(Including Area Code) 13.Date signed: PAGE
OF
LR-6
i = 1
INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT(Form CC-257)
The monthly Utilization Report is to be completed by each subject contractor(both prime and sub)and signed by a responsible official of the company.The reports are
to be filed by the Sth day of each month during the term of the contract,and they shall include the total work-hours for each employee classification in each trade in the
covered area for the monthly reporting period.The prime contract shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's
aggregate work force to the Federal Compliance Agency that has Executive Order 11246 responsibility.(Additional copies of this form may be obtained from the U.S.
Department of Labor,Employment Standards Administration,OFCCP's regional office for your area).
Compliance Agency................................... U.S.Government Agency assigned responsibility for equal employ-
ment opportunity.(Secure this information from the contracting
officer).
Federal Funding Agency............................. U.S. Government Agency funding proj ect(in whole or in part).If
I more than one agency,list all.
Contractor.................................................. Any contractor who has a construction contract with the U. S.
Government or a contract funded in whole or in part with Federal
Funds.
Minority..................................................... Includes Blacks,Hispanics,American Indians,Alaskan Natives,and
Asian and Pacific Islanders-both men and women.
j
1.Covered Area......................................... Geographic area identified in Notice required under 41 CFR 60-4.2.
2.Employer's Identification Number.......... Federal Social Security Number used on Employer's quarterly Federal
Tax Return(U. S.Treasury Deparhnent Form 941).
3.Current Goals(Minority and Female)..... See Contract Notificarion.
4.Reporting Period.................................... Monthly,or as directed by the compliance agency,beginning with the
effective date of contract.
I
5.Construction Trade................................ Only those construction crafts which contractor employs in the
covered area.
6.Work-Hours of Employment(a-e).......... a. The total number of male hours and the total number of female
hours worked by employee in each classification.
b.-e.The total number of male hours and the total number of female
hours warked by each specified group of minority employees in
each classification.
Classification............................................. The level of accomplishment or status of the worker in the trade
Journey Worker,Apprentice,Trainee).
7.Minority Percentage............................... The percentage of total minority work-hours of all work-hours(the
sum of columns 6b,6c,6d,and 6e divided by column 6a;just one
figure for each construction trade).
8.Female percentage................................. For each trade the number reported in 6a.(F)divided by the sum of
the numbers reported in 6a(M and F).
9:Total number of employees....:............... Total number of male and total number of female employees working
in each classification of each trade in the contractor's aggregate work
force during reporting period.
10.Total number of minority employees.... Total number of male minority employees and total number of female
minority employees working in each classification in each trade in the
contractor's aggregate work force during reporting period
LR-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 CONDTTION AREA
Bid Condition Area: City of Orange.Name of Contractor:
Date: Address:
I.FEDERALLY ASSISTED CONTRACTS
Name of Federal Agency funding the project. Project Name and Location. Contract/Dollar Amount Starting Date Percent Projected date
Project No. of construction complete of completion.
1.
2.
3.
4.
5.
II.NON-FEDERAL CONTRACTS
Name of Agency contracting the project. Project Name and Location. Contract/Dollar Amount Starting Date Percent Projected date
Project No. of construction complete of completion.
1.
2.
3.
4.
5.
LR-8
I, _ __I `_ '_ _ ' _.a "
i_ ' . " _' ""
s
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises(DBE)and First-Tier Subcontractors
E 3IBIT 17-F FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES(DBE AND FIItST-TIER SUBCONTRACTORS
1.Local Agency Contract Number 2. Federal-Aid Project Number 3.Local Agency 4.Contract Completion Date
5.ContractoNConsultant 6.Business Address 7. Final Contract Amount
8.Contract 11. DBE 12.Contract Payments 13. Date 14.Date of
9. Description of Work,Service,or 10.Company Name andItem
Materials Su lied Business Address
Certification Work Final
Number PP Number Non-DBE DBE Completed Payment
15.ORIGINAL DBE COMMITMENT AMOUNT $ 16.TOTAL
List all first-tier subcontractors/subconsultants and DBEs regardiess of tier whether or not the firms were originally listed for goal credit.If actual DBE utilization(or item of work)was different than that approved at the time of
award, rovide comments on an additional a e.List actual amount aid to each enti .If no subcontractors/subconsultants were used on the contract,indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AIdD CORRECT
17.Contractor/Consultant Representative's Signature 18.Contractor/Consultant Representative's Name 19.Phone 20. Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S)HAS BEEN MONITORED
21.Local Agency Representative's Signature 22. Local Agency Representative's Name 23.Phone 24. Date
DISTRIBUTION: Original—Local Agency,Copy—Caltrans District Local Assistance Engineer.Include with Final Report of Expenditures
ADA NOTICE: For individuals with sensory disabilities,this document is available in altemate formats.For information,call(916)445-1233,Local Assistance Procedures Manual TTY 711,or write to Records and Forms
Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises(DBE) -
and First-Tier Subcontractors
INSTRUCTIONS—FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE)AND FIRST-TIER SUBCONTRACTORS
1. Local Agency Contract Number -Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number -Enter the Federal-Aid Project Number.
3. Local Agency-Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date-Enter the date the contract was completed.
5. Contractor/Consultant-Enter the contractor/consultant's firm name.
6. Business Address -Enter the contractor/consultant's business address.
7. nal Contract Amount-Enter the total final amount for the contract.
8. Contract Item Number-Enter contract item for work, services, or materials supplied provided. Not
applicable for consultant contracts.
9. Description of Work, Services,or Materials Supplied -Enter description of work, services, or materials
provided. Indicate all work to be performed by DBEs including work performed by the prime
contractor/consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or
furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. Company Name and Business Address -Enter the name, address, and phone number of all
subcontracted contractors/consultants. Also, enter the prime contractor/consultant's name and phone number,
if the prime is a DBE.
11. DBE Certification Number - Enter the DBE's Certification Identification Number. Leave blank if
subcontractor is not a DBE.
12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided.
Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the
dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes
decertified.
13. Date Work Completed -Enter the date the subcontractor/subconsultant's item work was completed.
14. Date of Final Payment-Enter the date when the prime contractor/consultant made the final payment to
the subcontractor/subconsultant for the portion of work listed as being completed.
15. Original DBE Commitment Amount-Enter the"Total Claimed DBE Participation Dollars"from
Exhibits 15-G or 10-02 for the contract.
16. Total-Enter the sum of the"Contract Payments"Non-DBE and DBE columns.
17. Contractor/Consultant Representative's Signature-The person completing the form on behalf of the icontractor/consultant's firm must sign their name.
18. Contractor/Consultant Representative's Name-Enter the name of the person preparing and signing the
form.
19. Phone- Enter the area code and telephone number of the person signing the form.
20. Date- Enter the date the form is signed by the contractor's preparer.
21.Local Agency Representative's Signature -A Local Agency Representative must sign their name to
certify that the contracting records and on-site performance of the DBE(s)has been monitored.
22. Local Agency Representative's Name-Enter the name of the Local Agency Representative signing the
form.
23. Phone-Enter the area code and telephone number of the person signing the form.
24.Date-Enter the date the form is signed by the Local Agency Representative.
Page 2 of 2
July 23,2015 .
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Bid No. 190-44; SP-4110; CDBG FY 19-20 Street Rehabilitation,Sacramento Street. Clinton
Street.Olive Street.and Shaffer Street
I.O:
LABORERS UNION NO.652
Name of Labor Union,Worker's Representative, etc.
1532 CHESTNUT,SANTA ANA,CA 92701
Address
The undersigned currently holds a contract with the City of Orange involving federally assisted
construction funds for Arterial Highway Rehabilitation(AHRP) or a subcontract with a prime contractor
holding such contract.
i You are advised that under the provisions of the above contract and in accordance with Executive Order
11246,the undersigned is obliged not to discriminate against any employee or applicant for employment
because of race, color,religion, sex, or national origin. The obligation not to discriminate in employment
j includes, but is not limited to,the following:
HIRING,PLACEMENT,UPGRADING,TRANSFER,OR DEMOTION;
RECRUITMENT,ADVERSITESEMENT,OR SOLICITATION FOR EMPLOYMENT;i
i TREATEMENT DURING EMPLOYMENT;
RATES OF PAY OR OTHER FORMS OF COMPENSATION;
SELECTION FOR TRAINING,INCLUDING APPRENTICESHIP;
I
AND LAYOFF OR TERMINATION
f This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246.
I' ^
Copies of this notice will be posted by the undersigned in conspicuous places available to employees or
i applicants for employment.
I ^'
I
R.J.NOBLE COMPANY
Name of Contractor
15505 E.LINCOLN AVE.,ORANGE,CA 92865
I
Address
X STEVE MENDOZA,SECRETARY
ign ure and Title
i "' o iosizo2o
Date
i
I
I
NOTICE OF SECTION 3 COMMITMENT
Bid No. 190-44;SP-4110; CDBG FY 19-20 Street Rehabilitation,Sacramento Street,Clinton
Street,Olive Street,and Shaffer Street
Project Number and Title
TO:
LABORERS iJNION NO.652
Name of Labor Union,Worker's Representative,etc.
v
1532 CHESTNiJT,SANTA ANA,CA 92701
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 contract.
You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing
and Urban Development Act of 1968, the undersigned is obliged, to the greatest extent feasible, to give opportunities 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 located 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 contract 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 conspicuous places available to employees or applicants for
employment.
w
R.J.NOBLE COMPANY
Name of Contractor
15505 E.LINCOLN AVE.,ORANGE,CA 92865
Address
X STEVE MENDOZA,SECRETARY
Signature and Tille
07/08/2020
Date
LR-12
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LR-13
L
ATTACHMENT NO. 5
FEDERAL SPECIAL PROVISIONS
Beneath this sheet.]
FEDERAL STANDARD SPECIAL PROVISIONS
This project is funded with Federally assisted Community Development Block Grant program (CDBG)
administered by the Federal Deparhnent of Housing and Urban Development (HUD). The following
requirements of the Secretary of HUD as set forth in 23 CFR 135 published in volume 35 Federal Register
29220 of October 23, 1973 and issued pursuant to Section 3 of the U. S. C. 17001 u, shall appy to this
contract.
r '
FS-2 CDBG Contract Compliance Requirements.
I
FS-5 CDBG Special Provisions.
FS-8 Federal Equal Employment Opporiunity(EEO)Requirements.
FS-15 Section 3 Affirmative Action Requirements.
r
i' '
FLSP-1
t--- - -, - - ---
CDBG CONTRACT COMPLIANCE REQUIItEMENTS
REQUIREMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'S OBLIGATION RESPONSE PERIOD
1. Equal Employment Opporhtnity
requirements for contracts in excess
of$10,000.00
a. Employment goals
Meet minority and female employment Meet minority 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 certificationl Submit certification2 Prior to contract award
c. Certification with Regard to the
Performance of Previous Prior to contract award
Contracts or Subcontracts
Submit certificationl Submit certification2
Subject to the Equal Opportunity
Clause and the Filing of
Required Reports
d. Federal EEO Provisions
Prior to contract award
Bind subcontractors to Federal EEO Bind subcontractors to Federal EEO
e. Contractor's Notification of provisions for contracts over$10,000.00 provisions for contracts over$10,000.00
Subconiracts Awarded
Submit notification3 Within 10 working days of award of any
subcontract over$10,000.00
f. Notice of Equal Employment Submit EEO notice to unions or Submit EEO notice to unions or Prior to commencement of construction
Opportunity representative of workers 1
representative of workers2 work
g. EEO Poster Post EEO poster at construction site Prior to commencement of construction
work
FS-2
REQUIItEMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'S OBLIGATION RESPONSE PERIOD
h. Monthly Employment Submit monthly report4 Submit monthly report5 Submit report at the end of the month of
Utilization Report(CC-257) work;contractor's reporting obligation
extends from start of construction until
completion
i. Contractor's List of Federal and Submit with monthly report4 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. U.S.Department of Labor(DOL) Post DOL Wage Decision at construction Prior to commencement of construction
Wage Decision site work
b. Weekly Payroll Report,Submit payroll report with properly Submit payroll report with properly Submit within seven days after wage
including Statement of completed Statement of Compliance completed Statement of Compliance payment
Compliance signed by owner,officer or designated signed by owner,officer or designated
employee;written authorization required employee;written authorization required
for designated employeel for designated employee2
Report contractor's Internal Revenue Report contractor's 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
Sequentially number payroll reports with Sequentially number payroll reports with
the last payroll report marked"Final"the last payroll report marked"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(SSI on the first
payroll on which the worker's name payroll on which the worker's name
appears appears
Report work classification that are listed Report work classification that are listed
in the DOL Wage Decision in the DOL Wage Decision
FS-3
l',
REQUIIiEMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'S OBLIGATION RESPONSE PERIOD
c. Minimum wage payment Pay proper wages,including fringe Pay proper wages,including fringe Binding for duration of construction
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 construction site Prior to commencement of construction
work
e. Employment of apprentices Employ apprentices only from bona fide Employ apprentices only from bona fide Submit apprenticeship documentation
apprenticeship program and submit apprenticeship program and submit with payroll report when apprentice
apprenticeship papersl apprenticeship papers2 employment is reported
3. Section 3 requirements(applies to all Provide employment or training Provide employment or training Binding for duration of construction
contractors)opportunities to lower income residents, opportwuties 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 to commencement of construction
Commitment Notice representatiye of workers representative of workers work
b. Contractor's Section 3 Submit completed planl Submit completed plan2 Prior to contract award
Affirxnative Action Plan
4. Minority Business Make good faith effort to award a fair Make good faith effort to award a fair Binding for duration of construction
Enterprise/Women's Business share of contracts to MBE/WBEs share of contracts to MBE/WBEs contract
Enterprise(MBE/WBE)
requirements
5. Certification regarding lobbying Submit certification if applicablel Submit certification if applicable2 prior to commencement of construction
applies to contract in excess of work
100,000.00)
1.Forward copy to ttte contract awarding agency for retention in contract file.
2.Forwazd copy to the prime conttactor who in tum will submit document to the contract awarding agency for filing.
3.Forwazd copy to the contract awazding agency.
4.Forward report to the contract awarding agency
5.Forwazd the report through the prune contractor to the contract awazding agency.
FS-4
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 Circular 74-4 and 74-7, the following provisions must be
included in all contracts paid for in whole or in part from CDBG funds as indicated.
The followinQ must be included in all contracts and subcontracts:
1. Termination of Contract. In the event that any of the provisions of this contract are violated by the contractor of
by any of his subcontractors,the Contracting Agency may serve written notice upon the contractor and the Surety
if any of its intention to terminate the contract,such notices to contain the reasons for such intention to terminate
the contract and unless within ten(10)days after the serving of such notice upon contractor, such violations or
delay shall cease and satisfactory arrangement of correction be made,the contract shall,upon the expiration of
ten (10) days, cease and terminate. In the event of any such termination, the Contracting Agency shall
immediately serve notice thereof upon the Surety and the contractor and the Surety shall have the right to 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
Contracting Agency thereby and in such event the Contracting Agency take possession of and use in completing
the 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,subcontract
and subloan exceeding$100,000.
a. The contractor agrees that no facility to be used in the performance of any non-exempt contract or subcontract
is listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40
CFR 15.20.
b. The contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended
42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control 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
a 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 facility used or to be used for this contract is under
consideration to be listed on the EPA list of Violating Facilities.
d. The contractor agrees that he will include or cause to be included the criteria and requirements in paragraph
a.)through(d.) of this section in every non-exempt subcontract and requiring that the contractor will take such
action as the Government may direct as a means enforcing such provisions.
3. Federal Bonding Requirements. In all contracts for construction in excess of$100.000,contractor shall provide
at least the minimum bonding requirements as follows:
a. A bid guarantee equivalent to five percent(5%)of the bid price. The"bid guarantee" 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 contractual document as may be required within the
time specified.
b. A performance bond on the part of the contractor for 100 percent of the contract price. A"payment bond"is
one executed in connection with a contract to assure payment as required by law of all 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. Federal Labor Standards. "Except with respect to the rehabilitation of residential property designed for residential
use for less than eight families,all contractors engaged under contracts in excess of$2,000 for the construction,
prosecution,completion or repair of any building or work financed ion whole or in part with assistance provided
under this Contract shall comply with HUD requirements pertaining to 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),governing the payment of wages and the ratio of apprentices and trainees to journeymen,provided,
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 contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of Federal Labor Stand Provision 29 CFR 5.5 and, for such contracts in
excess of$10,000 29 CFR 561.3."
5. Non-Discrimination. The contractor, in any activity directly or indirectly financed under this contract shall
comply with:
a. Title IV 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 national origin,
be excluded fortn participation in,be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity for which the contractor received Federal financial assistance extended to the applicant,
this assurance shall obligate the applicant, or in the case of any transfer of such property,any transferee,for the
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 Development in a manner to affirmatively further fair housing in the sale or
rental of housing,the financing of housing,and the provisions of brokerage services.
c. Section 109 of the Housing and Community Development Act of 1974,and the regulations issued pursuant thereto
24 CFR Part 570.601), which provides that no person in the United states shall on the ground of race, color,
national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under,any program or activity funded in whole or part 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,Part 570.307(LI-4)]
6. Non-Interest of Public Employees. °No member, officer,or employee of the contracting agency or the City of
Orange or its designees or agents, no member of the governing body of the locality in which the program is
situated and no other public official of such localities who exercise any functions or responsibilities with respect
to the program during his tenure or for one year thereafter,shall have any interest direct or indirect in any contract
or subcontract 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 construction or rehabilitation of residential structures with assistance provided
under this contract is subject to the HUD Lead-Base Paint regulations,24 CFR Part 35. Any grants or loans made
for the rehabilitation of residential structures with assistance provided under this Contract shall be made subject
to the provisions for the elimination of lead-base paint hazards under subpart B of said regulations and the
contractor shall be responsible for the inspections and certifications required under Section 25.14(fl thereof.
Source: 24 CFR Part 35]
8. Accessibilitv/Usability of Facilities and Buildin f s v Handica e d. The contractor, in any activity
directly or indirectly financed under this contract shall require every building or facility(other than a privately
owned residential shucture)designed,constructed or altered with funds provided under this Federal Block Grant
Program to comply with the"American Standard Specif cations for Making Buildings and Facilities Accessible
to, and Usable by,the Physically Handicapped," Number A-117.1-R 1971, subject to the exceptions contained
in 41 CFR 101-19.604. the contractor will be responsible for compliance with these specifications and to insure
compliance by every subcontractor. [Source: F.R.Vol.43,No.41,Part 570.307(k)]
FS-6
9. Negotiated Contracts. For all negotiated contracts the grantee,the Federal grantor agency,the Controller General
of the United States or and of their duly authorized representatives, shall have access to any books,documents,
papers and records of the contractor which are directly pertinent to a specific grant program for the purpose of
making audit,examination,excerpts and transcriptions. [Source: Federal Management Circular 74-7 Appendix
0(9i)]
FS-7
FEDERAL EQUAL EMPLOYMENT OPPORTiJ1VITY/
AFFIltMATIVE ACTION REQUIREMENTS
1. EQUAL OPPORTiJIVITY CLAUSE. During the performance of this contract,the contractor agrees as follows:
a.The contractor will not discriminate against any employee or applicant for employment because of
race,color,religion,sex,or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without 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;
layoff or 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 all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard
to race,color,religion,sex,or national origin.
c.The contractor will send to each labor uniori 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 ar workers'representative of the contractar's commitments under this section,and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
d.The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and
of the rules,regulations,and relevant orders of the Secretary of Labor.
I-
e.The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by the rules,regulations,and orders of the 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 (HUD) and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules,regulations,and others.
f.In the event of the contractor's noncompliance with the nondiscrimination clause of this 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 contractor may be declared ineligible for further
government contracts or federally assisted construction contracts in accordance 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 the provisions of Paragraph 1-a through 1-g in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to
any subcontract or purchase order as the City of Orange may direct as a means of enforcing such
provisions,including sanctions for noncompliance. Provided,however,that in the event a contractor
becomes involved in,or is threatened with,litigation by a subcontractor or vendor as a result of such
direction by the City of Orange or HUD, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTiJNITY(EEO)Executive Order 11246.
a.The Offerers or Bidder's attention is called to the "Equal Opporiunity Clause" and the "Standard
Federal Equal Employment Specifications" set forth herein.
FS-8
r
b.The goals and timetables for minority and female participation,expressed in percentage terms for the
contractor's aggregate work force in each trade on all construction work in the covered area, are as
follows:
Goals for Minority Goals for Female
Participation for Participation in
Timetables Each Trade Each Trade
11.9%6.9%
These goals are applicable to all the contractor's construction work(whether or not it is Federal or
federally assisted)performed in the covered area. If the contractar performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the
contractor also is sub'ect to the oals for both its federall involved and non-federall involvedJgYY
construction.
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, specific affirmative action
obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet
the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract and in each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer of minority or
female employees or trainees from contractor to contractor or from project to project for the sole
purpose of ineeting the contractor's goals shall be a violation of the contract,the Executive Order,and
the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total
work hours performed.
c.The contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess of
10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address, and telephone number of the subcontractor; employer
identification number of the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract;and the geographical area in which the contract is to
be performed.
d.As used in this notice, and in the contract resulting from this solicitation, the "covered area" is the
Standard Metropolitan Statistical Area of Anaheim,Santa Ana,Garden Grove,specifically the County
of Orange,State of California.
3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS(Executive Order 11246)
a.As used in these specifications:
1) "Covered area"means the geographical area described in the solicitation from which this
contract resulted;
2) "Director" means Director, Office of Federal Contract Compliance Programs, United
States Deparhnent of Labor,or any person to whom the Director delegates authority;
3) 'Bmployer identification number"means the Federal Social Security Number used on the
Employer's Quarterly Federal Tax Return,United States Treasury Deparhnent Form 941.
4) "Minority" includes:
FS-9
a
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,Cuban,Central 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 Subcontinent,or the Pacific
Islands);and
d) American Indian or Alaskan Native(all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
b.Whenever the contractor,or any subcontractor at any tier,subcontracts a portion of the work involving
any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the 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 the contractor is participating(pursuant to 41 CFR Part 60-4.5)in a Hometown Plan approved by
the United States Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that Plan for those trades which have'unions participating in
the Plan. Contractors must be able to demonstrate their participation in and compliance with the
provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved
Plan is individually required to comply with its obligations under the EEO clause,and to make a good
faith 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 the specific affirmative action standards provided in Paragraphs 3g(1)
through 3g(16)of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors performing
construction 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 the geographical area
where the work is being performed. Goals are published periodically in the Federal Register in notice
form, and such notices may be obtained from any Office of Federal Contract Compliance Programs
or from Federal procurement contracring officers. The contractor is expected to make substantially
uniform progress in meeting its goals in each craft during the period specified.
e.Neither the provisions of any collective bargaining agreement nor the failure by a union with whom
the contractor has a collective bargaining agreement,to refer either minority or women shall excuse
the contractor's obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
f.In order for the nonworking training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees must be employed by the contractor during the training period,
and the contractor must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the United States Department of Labor.
g.The contractor shall take specific affirmative 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 shall document these efforts fully,and shall
implement affirmative action steps at least as extensive as the following:
1) Ensure and maintain a working environment free of harassment,intimidation, and coercion
at all sites,and in all facilities at which the contractor's employees are assigned to work. The
contractor,where possible,will assign two or more women to each consh-uction project. The
contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the contractor's obligation to maintain such
a working environment,with specific attention to minority or female individuals working at
such sites 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 the organizations'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 organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not
referred back to the contractor by the union or, if referred,not employed by the contractor,
this shall be documented in the file with the reason therefor, along with whatever additional
actions the contractor may have taken.
4) Provide immediate written notification to the Director when the union or unions with which
the contractor has a collective bargaining agreement has not referred to the contractor a
minority person or woman sent by the contractor, or when the contractor has other
information that the union referral process has impeded the contractor's efforts to meet its
obligations.
5) Develop on-thejob 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 contractor's employment needs,
especially those programs funded or approved by the Deparhnent of Labor. The contractor
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 its
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 personnel and with all minority and female employees at lease
once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed. i
7) Review,at least annually,the company's EEO policy and affirmative 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 construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings,persons attending,subject matter
discussed,and disposition of the subject matter.
8) Disseminate the contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
FS-11
9) Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations; to schools with 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 notification to organizations such as the above, describing the opening,
screening procedures,and tests to be used in the selection process.
10) Encourage present minority 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 areas of a contractor's work force.
11) Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR Part 60-3.
12) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare
for,through appropriate training,etc.,such opportunities.
13) Ensure that seniority practices,job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment-related activities to ensure that the EEO policy and the contractor's obligations
under these specifications are being carried out.
14) Ensure that all facilities and company activities are nonsegregated except that separate or
single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
15) Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including 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 performance under
the contractar's EEO policies and affirmative action obligations.
h.Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations 3g(1)tl rough(16). The efforts of a contractor association,
joint contractor-union, contractor-community, or other similar group of which the contractor is a
member and participant,may be asserted as fulfilling any one or more of its obligations under 3g(1)
through (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 minorities and
women in the industry, ensures that the concrete benefits of the program are reflected in the
contractor's minority and female work force participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the contractor. The obligation to comply,however,is the
contractor's,and failure of such a group to fulfill an obligation shall not be a defense for the contractor's
noncompliance.
i.A single goal for minorities and a separate single goal for women have been established. The
contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups,both male and female,and all women,both minority 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 specific
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 subcontract with any person or firm debarred from Government
contracts pursuant to Executive order 11246.
1.The contractor 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
subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended, and its
implementing regulations,by the Office of Federal Contract Compliance Programs. Any contractor
who fails to carry out such sanctions and penalties shall be in violation of these specifications and
Executive Order 11246,as amended.
m. The contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in Paragraph 3g of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41
CFR Part 60-4.8.
n.The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out,to submit reports relating to the provisions
hereof as may be required by the Government and to keep records. Records shall at least include for
each employee the name, address, telephone numbers, construction trade, union affiliation, if any,
employee identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice,trainee,helper, 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 requirement,contractors shall not be required to maintain separate records.
o.Nothing herein provided shall be construed 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 Employment Act of 1977 and the
Community Development Block Grant Program).
p.The Director, from time to time, shall 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 construction trade in a covered contractor's or subcontractor's
entire work force which is working in the area 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 the Notice required by 41 CFR 60-4.2. Covered conshuction contractors performing
construction 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 the geographical area
where the work is being performed.
4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of$10,000,the
contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract
award: Certification of Nonsegregated Facilities and Certification with Regard to the Performance of
Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required
Reports.
FS-13
b.Submit a notification of subcontracts awarded to the Director,Office of Federal Contract Compliance
Programs,United States Department of Labor-ESA,200 Constitution Avenue,NW, Room C3325,
Washington,D.C.,20210,within 10 working days of award of any subcontract in excess of$10,000,
listing the name,address,and telephone number of the subcontractor;employer identification number;
estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract;
and the geographical area in wfiich 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 conspicuous place available to employees and
applicants for.employment.
e.For contracts in excess of$10,000,bind subcontractors to the Federal equal employment opportunity
requirements by including the provisions of Paragraphs 1 through 3,above,in the subcontract.
f.U on commencement of construction work and until the work is com leted forward the MonthlPP Y
Employment Utilization Report(Form CG257)to the contract awarding authority by the end of each
work month. With the initial monthly report,the contractor/subcontractor shall attach the Contractor's
List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964,no person shall,on the grounds
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 THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in
the United States shall on the grounds of race, color,national origin, or sex be excluded from partici-pation
in,be denied the benefits of,or be subj ected to discrimination under any program or activity funded in whole
or in part with funds made available under this title.
FS-14
CITY OF ORANGE
SECTION 3
AFFIltMATIVE ACTION PLAN
AUTHORITY:
This Section 3 Affirmative Action Plan has been prepared pursuant to regulations established in the Secretary of
Housing and Urban Development Act of 1968(24 CFR 135.70,October 23, 1973).
PURPOSE:
The purpose of this plan is to outline the process the City of Orange will follow so that to the greatest extent feasible
employment opporiunities will be given to low and moderate income residents and procurement opportunities for
CDBG funded contracts awards be given to local businesses.
DEFINTTION OF TERMS:
1. Low and Moderate Income Residents:Any individual residing within the City limits of the City of Orange
whose household income does not exceed 80%of the City's median family income.
2. Local Business Concerns:Those businesses eligible for CDBG contract awards and located within the City
limits of the City of Orange.
3. Contractor:Any entity which performs work in connection with a Section 3 covered project.
4. Sub-Contractor:Any entity(other than a person who is an employee of the contractor)which has agreed or
arranged with a contractor to undertake a portion of the contractor's obligation or performance of work in
connection with a Section 3 covered project.
5. Section 3 Covered Project:Any project,contract,and any sub-contract connected with programs
administered by the Secretary of Housing and Urban Development.
Projects administered under Section 235 and 236 of the Natiorral Housing Act, as well as public housing
program which does not exceed$500,000 in estimated costs, are exempt,from the requirement outlined in this
Affirmative Action Plan.Any sub-contracts of$50,000 or less on such projects or contracts in excess of$500,000
are also exempt from Section 3 requirements).
BIDDING CONTRACTOR'S RESPONSIBILITIES:
Section 3 requires that each contractor and sub-contractor performing 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 known,where not known;such information is to 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 contracts 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
opporiunities to business firms within the City.This solicitation shall include,but not necessarily be limited to,
advertisements in a newspaper of current circulation,posting of notices in local union halls,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 requirements
in the bid package.The awarded contractor will be required to fulfill the components of this Section 3 Plan to the
greatest extent feasible.At a minimum,the contractor and all the sub-contractors shall:
1. Appoint an Affirmative Action Officer 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 referral
from any source,and employ such persons,if otherwise eligible and if a trainee vacancy exists.If the
contractor or sub-contractor have no vacancies,the applicant,if otherwise eligible,shall be listed for the
first available vacancy.
3. Provide the City with a detailed narrative of the efforts taken to comply with these requirements,in the event
that no low or moderate income residents are employed or no local business concerns are sub-contracted.
CITY'S RESPONSIBILITIES:
The City of Orange shall facilitate the contractor's compliance with the Section 3 Affirmative Action Plan by
performing,at a minimum.the following:
1. The City shall develop and maintain a mailing list of local business concerns interested in receiving
information regarding CDBG funded projects. These firms shall be sent a special notice that the City Council
of the City of Orange has authorized the project, and they may procure the bid application packages at the
designated location.Each firm is responsible for the cost of bid package.
2. The City shall develop and maintain a registry of interested local business concerns which may be utilized as
potential sub-contractors or vendors to the general contractor.This registry 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 out by the City are obligated to comply with the same equal employment opporhznity standards.
Information and records regarding the implementation of this Affirmative Action Plan will be made
availableto City Officials upon request.
FS-16
ATTACHMENT NO. 6
FEDERAL LABOR STANDARDS AND PROVISIONS
Beneath this sheet.]
i
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability 1) The work to be performed by the classification
I'
The Project or Program to which the construction work requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor 2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal 3) The proposed wage rate, including any bona fidet-
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. .
employed or working upon the site of the work, will be paid b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
idue at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
lc) In the event the contractor, the laborers or mechanics
incurred for more than a weekly period (but not less often
to be employed in the classification or their
than quarterly) under plans, funds, or programs, which
representatives, and HUD or its designee do not agree on
cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the
constructively made or incurred during such weekly period.
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification ma be com ensated at the rate s ecified foryPP HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
i Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination (including any
additional classification and wage rates conformed under
d) The wage rate (including fringe benefits where
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-
appropriate) determined pursuant to subparagraphs
1)(ii)(b) or (c) of this paragraph, shall be paid to all1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and Workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
workers.
the classification.
ii) (a) Any class of laborers or mechanics which is not Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be
contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the
j conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and Wage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria
benefit or an hourly cash equivalent thereof.
have been met: iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(06/2009)
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
i
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics _
costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs.and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under 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 ii) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the ,
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant '
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract, HUD or its information may be submitted in any form desired.
designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from _
sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further hffp://www.dol.qov/esa/4vhd/forms/wh347insfr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. -
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the payrolls to the applicant
3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contrector during the course of the work preserved for a Division of the Department of Labor for purposes of an __
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime -,
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated 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 1215-0149.)
weekly number of hours worked, deductions made and b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has Statement of Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises —
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- 1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is a)(3)(ii), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is --
responsible, and that the plan or program has been correct and complete;
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2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination expressed in percentages of the journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
c) The weekly submission of a properly executed
must be paid at not less than the rate specified in the
certification set forth on the reverse side of Optional Form
registered program for the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the
expressed as a percentage of the journeymen hourly rate
Statement of Compliance" required by subparagraph
specified in the applicable wage determination.
A.3.(ii)(b).
Apprentices shall be paid fringe benefits in accordance
i d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
i.subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the i) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant ',to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they
Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship
than permitted under the plan approved by the
program registered with the U.S. Department of Labor,
Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90
specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor
the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where
determination unless the Administrator of the Wage and
i appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall Wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as
less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
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Page 3 of 5 ref.Handbook 1344.1
i
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs _
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, ii) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration
withdraws approval of a training program, the contractor
The penalty for making false statements is prescribed -
will no longer be permitted to utilize trainees at less than
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
the applicable predetermined rate for the work performed
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
until an acceptable program is approved.
Federal Housing Administration transactions", provides in
part: "Whoever, for the pu pose of . . . influencing in any
iii) Equal employment opportunity. The utilization of
Way the action of such Administration..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both."
amended, and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and 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
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier
prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards.
paragraph.
1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or ;
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or '
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract 2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set —
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment ;
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub i
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
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I ;
3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000.
i 1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
j 3701 et sea.
3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
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i'
I have read this required information regarding the fair labor standards provisions which is evidenced by my signature.
Signature
Date
Form HUD-4010(07/2003)
REF.Handbook 1344.1
Previous edition is obsolete
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED"ANTI-KICKBACK ACT"AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18,U.S.C.,section 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)
HICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever,by force,intimidation,or threat of procuring dismissal from employment,or by any other manner whatso-
ever induces any person employed in the construction,prosecution,completion or repair of any public building,public
work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part
of the compensation to which he is entitied under his contract of employment,shall be fined not more than$5,000 or
imprisoned not mor(-than five yean,or both.
SECTION 2 OF TAE ACT OF JUNE 13,1934,AS AMENDED
48 Stat.948,62 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
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,including a provision that each contractor and subcontractor
shall furnish 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 Anti-Kickback Act,the Secretary of Labor,United States Department of Labor,has promul-
gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal
Regulations,Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above
mentioned. Said regulatiotis are as follows:
TITLE 29-LABOR
Subtitle A-Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUII.DING OR PUBLIC WORK
FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes"anti-kickback"regulations under section 2 of the Act of June 13. 1934,as amended(40
U. S. C. 276c),popularly known as the Copeland Act. This part applies to any contract which is subject to Federal
wage standards and which is for the 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 with
Federally assisted construction that contain similar minimum wage provisions,including those provisions;which are
not subject to Reorganization Plan No. 14
e.g.,the College Housing Act of 1950,the Federal Water Pollution Control Act, and the Housing Act of 1959), and
iii the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable
to construction work. The part details the obligation of contractors and subcontractors relative to the weekly
FLSP-1
submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and
procedures governing the making of payroll deductions from the wages of those employed on such work; and
delineates the 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, furnishing of materials, or servicing and maintenance work. The terms include, without limitation,
buildings, structures„ and improvements of all types, such as bridges, dams, plants, highways, parkways, streets,
subways,tunnels,sewers,mains,power.lines,pumping stations,railways,airports,terminals, docks,piers,wharves,
waterways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling,
blasting,excavating,clearing,and landscaping. Unless conducted in connection with and at the site of such a building
or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, 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 manufacture or furnishing, or owns the materials from which they are manufactured or
furnished)is not a"building" or"work"within the meaning of the regulations in this part.
b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a
particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and
decorating, the transporting of materials and supplies to or from the building or work by the employees of the
construction contractor or construcrion subcontractor, and the manufacturing or furnishing of materials, articles,
supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or
subcontractor.
c) The terms "public budding" or "public work" include building or work for whose construction,
prosecution, completion, or repair, as defined above, a Federal agency is a contracting 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 construction,prosecution, complerion, or repair, as defined above,payment or
part payment is made directly or indirectly from 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 subcontractor in any manner for his labor in the construction, i
prosecution,completion,or repair of a public building or public work or building or work financed in whole or in part
by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual
relationship alleged to exist between him and the real employer.
fl The term"any affiliated person" includes a spouse,child,parent,or other close relative of the contractor
or sub-contractor; a partner or officer of the contractor or subcontractor, a corporation closely 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, the District of Columbia, and all executive
deparhnents, independent establishments, administrative agencies, and instrumentalities of the united States and of
the District of Columbia,including corporations,all or substantially all of the stock of which is beneficially owned by
the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and
instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
a)As used in this section,the term"employee"shall not apply to persons in classifications higher than that
of laborer or mechanic and those who are the immediate supervisors of such employees.
FLSP-2
b) Each contractor or subcontractor engaged in the construction, prosecution,completion,or repair of any
public building or public work, or building or work financed in whole or in part by loans or grants 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 CFR Parts 3 and 5 during the preceding weekly payroll period.This statement shall be executed by the
contractor or the subcontractor or by an authorized o cer or an employee of the contractor or subcontractor who
supervises the payment of wages,and shall be on Form WH-348,"Statement 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 Government contracting or sponsoring agency,and copies
of.those forms may be purchased at the Government printing office.
c) The requirements of this section shall not apply to any contract of $2,000 or less.
d)Upon a written finding by the head of a Federal 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 Secretary 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 weekly payroll records.
a) Each weekly statement required under § 33 shall be delivered by the contractor or the subcontractor
within seven days after the 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,or,if there is no representative of a Federal or State agency at the site of
the building or work, the statement shall be mailed by the contractor or the subcontractor, 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 Department of Labor.
i b) Each contractor 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 correct classification,rate of pay,daily and weekly number of hours worked,
deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by
the contracting 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 of the 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)Any deductions made in compliance with the requirements of Federal,State,or local law,such as Federal
or State withholding income taxes and Federal Social Security Taxes.
b) Any deduction 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)Any deduction of amounts required by court process to be paid to another,unless the deduction is in favor
of the contractor,subcontractor or any affiliated person,or when collusion or collaboration exists.
i
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 providing either from principal or income, or
both,medical or hospital care,pensions or annuities on retirements,death benefits,compensation for injuries,illness,
accidents,sickness,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 employees, their families and dependents: Provides,
FLSP-3
I
however,that the following standards are met:(1)The deduction is not otherwise prohibited by law;(2)it is either(i)
voluntarily consented 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 or other benefit is otherwise obtained,directly or indirectly,by the contractor or subcontractor
or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the
convenience and interest of the employee.
e) Any deduction contributing towards the purchase of United States Defense Stamps and Bonds when
voluntarily authorized by the employee.
fl Any deduction requested by the employee to enable him to repay loans to or purchase shares in credit
unions organized and operated in accordance with Federal and State credit union statutes.
g)Any deduction voluntarily authorized 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 Community Chests,
United Givers Funds,and similar charitable organizations.
i)Any deduction to pay regular union initiation fees and membership dues,not including fines or special
assessments:Provided,however,That a collective bargaining agreement between the contractor or sub-contractor 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 cost"of board,lodging,or other facilities meeting the
requirements of section 3(m) of the 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)of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not
permitted under§3.5.The Secretary may grant permission whenever he finds that:I
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 commission,dividend,or otherwise;
b)The deduction is not otherwise prohibited by law;
i
c) The deduction is either (1)voluntarily consented to 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 employment or
its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or
subcontractor and representatives of its employees;and
d)The deduction serves the convenience and interest of the employee.
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under § 3.6 shall comply with the requirements prescribed in
the following paragraphs of this 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 contracts under which the work is in question to be
performed. Permission will be given for deductions only on specific,identified contracts, except upon a showing of
exceptional circumstances.
FLSP-4
c) The application shall state affirmatively that there is compliance with the standards set forth in the
provisions of§3.6.The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
d)The application shall include a description of the proposed deduction,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 of Labor upon application
The Secretary of Labor shall decide whether or not the requested deduction is permissible under the provisions of§
3.6,and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not ealsewhere provided for by this part and which are not found to be permissible under § 3.6 are
prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be cash, negotiable instruments payable on demand, or the additional forms of
compensation for which deductions are permissible under this part.No other methods of payment shall be recognized
on work subject to Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,procecution,completion or repair of any public building or public
work or building or work financed in whole or in part by loans or grants from the United States covered by the
regulations in this part shall expressly bind the contractor or subcontractor.
FLSP-5
ATTACHMENT NO. 7
FEDERAL PREVAILING WAGE RATES
Beneath this sheet.]
General Decision Number: CA20200024 03/06/2020
Superseded General Decision Number: CA20190024
t
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PRO7ECT5; DREDGING PRO7ECT5 (does not
include hopper dredge work); HEAVY CONSTRUCTION PRO]ECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PRO]ECTS
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 7anuary
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 $10.80 per hour (or the applicable wage
t rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
1
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forthsin29CFR5.5(a)(1)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
j; the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
j Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2020
1 01/10/2020
2 01/31/2020
3 03/06/2020
ASBE0005-002 09/01/2019
f
Rates Fringes
Asbestos Workers/Insulator
Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of inechanical systems). . . . .$ 43.77 22.48
Fire Stop Technician
Application of Firestopping
F;
t:lr
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain G:
walls). . . . . . . . . . . . . . . . . . . . . . . .. . .$ 28.92 18.73
ASBE0005-004 07/01/2019 C;;•.
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
r:
t:;.,
BRCA0004-010 05/01/2018
Rates Fringes
4f}'.1
BRICKLAYER; MARBLE SETTER. . . . . . . .$ 39.98 14.90
The wage scale for prevailing wage projects performed in fBlythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate y
BRCA0018-004 06/01/2019
l
Rates Fringes
MARBLE FINISHER. . . . . . . . . . . . . . .. . .$ 33.43 14.11
TILE FINISHER. . . . . . . . . . . . . . . . .. . .$ 28.23 12.65
TILE LAYER. . . . . . . .. . . . . . . . . . . .. . .$ 40.07 18.36
BRCA0018-010 09/01/2018
Rates Frin es tgF.
TERRAZZO FINISHER. . . . . . . . . . . . .. . .$ 31.25 13.41
TERRAZZO WORKER/SETTER. . . . . . . .. . .$ 38.39 14.18
i€:.
CARP0409-001 07/01/2018
Rates Fringes
CARPENTER
1) Carpenter, Cabinet ti'
Installer, Insulation j
Installer, Hardwood Floor
Worker and acoustical
installer. . . . . . . . . . . . . . . .. . .$ 41.84 19.17
2) Millwright. . . . . . . . . . .. . .$ 42.91 19.17
3) Piledrivermen/Derrick
Bar eman Brid e or pockg ,g
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
Commercial).. . . . . .. . . . . . . . .$ 42.54 19.17
4) Pneumatic Nailer,
Power Stapler. . : :: : : : : : : : : : .$ 40.09 19.17
5) Sawfiler. . 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 in pre- drilled holes, for that portion of a lagged
q trench against which concrete is poured, namely, as a
E 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
s
CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer. . . . . .$ 17.00 7.41
ELEC0011-002 12/31/2018
COMMUNICATIONS AND SYSTEMS WORK
I
i
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
9 systems, microwave transmission, multi-media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock .systems in commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
Ilisted systems; inclusion or exclusion of terminations and
testings of conductors determined by their funct'ion;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
k
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
ELEC0441-001 02/24/2020
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 48.28 21.90
ELECTRICIAN. . . . . . . . .. . . . . . . . . . . . .$ 46.16 21.83 j
ELEC0441-003 12/01/2019
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent pi;1
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System j'
Installer. . . . . . . . . . . . . . . . . . .$ 36.72 14.81
Technician. . . . . . . . . . . . . . . . . .$ 31.23 15.39
i
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 I
commercial education securit and entertainment ur osesYpP
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above n
listed systems SCADA (Supervisory control/data acquisition q;;
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 E;
systems
B. Sound and Voice Transmission/Transference Systems y:
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
5 stems Nurse Call S stems Radio Pa e 5 stems School
f',
Y Y g Y f'
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 j
C. *Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
li
IEntertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits.
2. Fire Alarms-Open Wire Systems: installed by the Technician.
ELEC0441-004 02/24/2020
Rates Fringes
1 ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber.Optic. .
Splicer. . 46.76 21.86
Electrician. .. . . . . . . . . . . . . . .$ 46.16 21.83
Technician. . .. . . . . . . . . . . . . . .$ 34.62 21.49.
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
s Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
f or egress from freeways, toll-ways, etc.
Intelligent Transportation Systems shall include all systems
iand 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
1 Systems, Infrared and Sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio Systems, highway Weight and
Motion Systems, etc.
j Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
f 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.
JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
OURNEYMAN TECHNICIAN duties shall consist of: Distribution
jof 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
t;;,
u
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video/data. il
fi:
ELEC1245-001 01/01/2020
y:
Rates Fringes
LINE CONSTRUCTION a:-
1) Lineman; Cable splicer. .$ 58.09 19.74
2) Equipment specialist
operates crawler rJtractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &j;;
underground distribution
line equipment). . . . . . . . . . .$ 46.40 18.55
3) Groundman. . . . . . . . . . . . . . .$ 35.47 18.17 Y
4) Powderman. . . . . . . . . . . . . . .$ 51.87 18.79 S 3
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day i:•
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2020
Rates Fringes
t3 i3
ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 57.40 34.765+a+b
FOOTNOTE: I;;a
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.l
b. PAID HOLIDAYS: New Years Day, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day. 3,t
ENGI0012-003 07/01/2018
Tr Asis,,
Rates Fringes
OPERATOR: Power Equipment
All Other Work) 1
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 45.30 25.25
GROUP 2. . . . . . . . . . . . . . . . . . . .$ 46.08 25.25
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 46.37 25.25 y f.
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 47.86 25.25 t
GROUP 5. . . . . . . . . . . . . . . . . . . .$ 48.96 25.25
GROUP 6. . . . . . . . . . . . . . . . . . . .$ 48.08 25.25
s
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
I
i
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
1 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
i 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
i
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
i 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. . . . . . . . . . . . . . . . . . . .$ 48.39 25.25
GROUP 5. . 48.58 25.25
3 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 48.69 25.25
GROUP 7. . . . . . . . . . . . . . . . . . . .$ 48.81 25.25
PREMIUM PAY:
3.75 per hour shall be paid on all Power Equipment Operator
k
work on the followng Military Bases: China Lake Naval
i Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
1 Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
i 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.
f SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
ii
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
J
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
includes loed, lull or similar types under 5 tons;
j Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
I,
F;•`
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; P7U
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd. L
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler c`
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 J);
1 Ffi
similar type); Boring machine operator; Boxman or mixerman r4,
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 j}-
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 a,
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
li`t;';
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
i;t'r;.
GROUP 6: Articulating material hauler; Asphalt plant
j
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
r:,:°
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types r:
Watson 1000 auger or similar types - Texoma 330, 500 or k';
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), 7ackson track x;,;;
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
below ground); Pavement breaker operator (truck mounted);
f t':
Road oil mixing machine operator; Roller operator (asphalt rxr
or finish), rubber-tired earth moving equipment (single 1
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator E}:,
crawler and wheel type, over 3/4 yd. and up to and j
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
r;drum); Ultra high pressure waterjet cutting tool system ar,,
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution op.erator;
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
i similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
idrill 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); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator,
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
1
z..
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 I;
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
k?"'
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - tw+n
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 z_;
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,
J
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); f
Wheel excavator operator (over 750 cu. yds.) t;
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine, 1•;
Caterpillar, Euclid, Athey Wagon and similar types with any
Y
and all attachments over 25 yds. and up to and including 50
ds. struck • Rubber-tired earth-movin e ui ment o erator F''
Y g q P P E,:j
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
rt:;:
GROUP 16: Rubber-tired earth-moving equipment operator,i:
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
o erator o eratin e ui ment with ush- ull s stem
t;'"
P p g q P p p Y
multiple engine, Euclid, Caterpillar and similar, over 25 1
yds. and up to 50 yds. struck)
a
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 a,u
tandem - Quad 9 and similar type)
k
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
1
combination excludin com action units - sin le en inegpgg ,
Caterpillar, Euclid, Athey Wagon and similar types with any
1 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)
1
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,
1 Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
l 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
1 earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
I
GROUP 2: Truck crane oiler
y
GROUP 3: A-f rame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
f:.
i{:.
Helicopter hoist operator
4LL
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 i±;
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
s`:;,
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
t:
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 E.;;;
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.)
f(x.
t}:'t
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 r;
t;.
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
r;-
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 k
f;;
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
E'
tons up to and including 200 tons mrc); Hoist operator,
stiff le s Gu derrick or similar t e over 100 tons ug Y YP p
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 t
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and t'
G,;:,
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
5f,
GROUP 13: Crane operator (over 300 tons); Derrick barge 4
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
i
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
s including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
p 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
q 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
j track type); Pneumatic concrete placing machine operator
C 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 & S,4N BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
j Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
i
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
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. Cont.inue 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,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
f
boundary until the intersection with Tulare County, at that
r point which is the SW corner of the SE quarter of Section 32,
T245, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. ontinue 5 to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue 5 to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
W
line at the SW corner of T15, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to s,
Imperial County line at the SW corner of T85, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue 5 along the boundary between
Im erial and San Die o Counties alon the west ed e of R9EPggg F;;
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:
j;f
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
J
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side F:
of R16E to the SW corner of T305, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S 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
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa fi:;
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 o-f 3
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T325 MDM]. Continue North along the East side of R21E, MDM a
to the Kings County and Kern County border at the NE corner of
T255, R21E, MDM, continue West along the Kings County and Kern
4s'
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey i
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM. k'•
j
E
Northerndportion ofrSANuBERNARDINO CountyNasCdefined bed the
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the I;,
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 f:`:.
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, s;..
until the intersection with Kern County at the point which is
r-,..
the SW corner of the SE 1/4 of Section 32, T245, R37E, MDM.
i 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 pointl.which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue 5 to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino.Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012-004 08/01/2015
f
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lOPERATOR: 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
r winch on dredge). . . . . . . . . . . .$ 42.87 23.60
5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand. . . . . . . . . . . . . . . . . . 42.33 23.60
I 6) Barge Mate. . . . . . . . . . . . . .$ 42.94 23.60
J.
IRON0377-002 07/01/2019
1
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Ironworkers:
1`
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
l,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
J
4.00 additional per hour at the following locations:
I Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
LI
I-
ia
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, r``,3
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
t.,,,
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 i
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, f,
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 f--
person; Grout pump person; 7ackleg miner; 7umbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
I .:
i
1 LAB00652-003 07/01/2018
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Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 32.26 18.40
LAB01184-001 07/01/2019
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I Laborers: (HORIZONTAL
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
f Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.91 18.06
GROUP 2. . . . . . . .. . . . . . . . . . . . .$ 39.21 18.06
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 41.22 18.06
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 42.96 18.06
1 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
I GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
I delineating devices including traffic control. This
l category includes all traffic related surface preparation
sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
J installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
I monument markers; operation of all related machinery and
equipment; power broom sweeper
J
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
I
i3
LAB01414-001 08/07/2019
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LABORER t.
PLASTER CLEAN-UP LABORER. . . .$ 34.82 20.02
PLASTER TENDER. . . . . . . . . . . . . .$ 37.37 20.02
4,
Work on a swing stage scaffold: $1.00 per hour additional.n
PAIN0036-001 07/01/2019
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Painters: (Including Lead
Abatement) r;
1) Repaint (excludes San
v
Diego County). . . . . . . . . . . . . . .$ 28.59 15.97
2) All Other Work. . . . . . . . . .$ 32.12 16.09
E[:.
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries, 1
commercial recreational facilities, hotels which operate ii'
commercial establishments as part of hotel service, and
sports facilities.
PAIN0036-008 10/01/2019
t`
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DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 42.18 19.52
y
PAIN0036-015 01/01/2020
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GLAZIER. . . . .. . . . . . . . . . . . . . . . . . . . .$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, rt
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up r
t{;ti
PAIN1247-002 01/01/2020 r,
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rs
SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 37.55 13.78
F6
PLAS0200-009 08/07/2019
f
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PLASTERER. . .. . . . . . . . . . . . . . . . . . . . .$ 43.73 16.03
r _
kJPLAS0500-002 07/01/2019
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CEMENT-MASON/CONCRETE_FINISHER$_37 00-__--___-_--25_53---____
PLUM0016-001 09/01/2018
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f
PLUMBER/PIPEFITTER
Plumber and Pipefitter
All other work except
work on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft.
of floor space and work
on strip malls, light
commercial, tenant
improvement and remodel
work. . . . . . . . . . . . . . . . . . . . . . .$ 50.13 22.16
Work ONLY on new additions
and 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
f
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
I
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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 $1.75 per
hour ""pitch premium"" pay.
I
SFCA0669-008 04/01/2019
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
I
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u:S
SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 38.85 23.85
SFCA0709-003 01/01/2018
i i:3.
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS
ANGELES:
Rates F ringes
SPRINKLER FITTER (Fire). . . . . . . . . .$ 42.26 25.92
i
SHEE0105-003 01/01/2020 i's v
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
r.
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SHEET METAL WORKER
1) Commercial - New 4
Construction and Remodel
work. . . . . . . . . . . . . . . . . . . . . . . .$ 45.78 28.96
2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding j
aritechtural sheet metal
work, excluding A-C,
heating, ventilating i
systems for human comfort. . .$ 45.78 28.96
TEAM0011-002 07/01/2019 ir''
z r
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TRUCK DRIVER i
GROUP 1. . . . . . . .. . . . . . . . . . . .$ 31.59 29.59
GROUP 2. . . . . . . . . . . . . . . . . . . .$ 31.74 29.59
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 31.87 29.59 i-`
r= _{
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 j'h,
GROUP 11. . . . . . . . . . . . . . . . . . . .$ 33.62 29.59
A'
GROUP 12. . . . . . . .. . . . . . . . . . . .$ 34.05 29.59
r±
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
k*,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]i+
TRUCK DRIVERS CLASSIFICATIONS
S
GROUP 1: Truck driver
I
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
s
GROUP 3: Driver of vehicle or combination of vehicles - 3
Z 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
4
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
ji GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
IGROUP 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
1 or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
J
j WELDERS - Receive rate prescribed for craft performing
t operation to which welding is incidental.
J
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hoursI
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 t
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
C'
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after i3:
award only as provided in the labor standards contract clauses
29CFR 5.5 (a) (1) (ii)).
E
J;
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 s
v J
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), F3`ii3,
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 F,-
in dotted lines beginning with characters other than ""SU"" or
UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
r-
where a licable i.e. Plumbers Local 0198. The next numberPP r
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 t;
changes in the collective bargaining agreement (CBA) governing
A
t.,
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate revailed for this classification in the surve andPY
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 i,
r
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 x;'
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 exam le is an internal number used inp , producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in 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.
4.
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
I process described here, initial contact should be with the
J 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
i interested party (those affected by the action) can request
J
review and reconsideration from the Wage and Hour Administrator
See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
i:i;
Wage and Hour Administrator y-
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210 4 y
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material, i
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:
ti,.
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210 j
4.) All decisions by the Administrative Review Board are final.
E•.
END OF GENERAL DECISION"
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FEDER.AL WAGE RATES INTERNET REFERENCE
This project is federally funded by the Community Development Block Grant(CDBG) program requiring
conformance to Federal Guidelines.All the Federal requirements,the Davis Bacon Act,in particular shall apply for
this project.If Federal and State wage rates are applicable,then the higher of the two will prevail
The federal minimum wage rates are available directly from Department of Labor Home Page under
i l ttps:/ibeta.sam.gov.Click under the Davis-Bacon Act section"Selecting DBA WDs",
iEd
Contracting
Wage Determinations (WDOL)
M This website has officially replaced WDOL.gov.
About Wage Determinations
Search w'age Determir ations
f
FBO.gav ra d EFL7S.ga_remaintheauthoritativesourcesforcontract
information.We encou age you to test the search function,user accounts,
saved sea ches,and provide feecibac3.
In the following screen,enter the WD Number CA20200024
He1R me find a Wage Determination
Search by lND Num'aer
Idonu# l;do
knawth4 knonrthe`--¢ ;?.. fi(i,h:r.C.:IriFntifirr
nomher' °nuinbec,
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i_ _ .
m____,_.__
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Pub6c 3wldmgcjVlarks Ser•ice Ce tra t
Ccntracts Jag3 r.Fs f]t'S2r.'i:e
coe rate_`cr l bcrers ar, n-playees
ntechanics c;i felEral,yrfcncecl
era s sied:ontrars
I The final contract package upon lieing signed by the local agency and the contractor,shall physically contain the
Federal Wage Rates or the Federal Wage Rates as revised by addendum,if any addendums were issued.
I
l
4 Executed in Duplicate
CALIFORNIA PUBLIC WORKS Bond No.30104925
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,t
R.J.NOBLE COMPANYThatwe, CONTRACTOR)as Principal,and
Western Surety Company SURETY)aCorporationorganized and existing
under the laws of the State of South Dakota and authorized to transact businesc in the State of Califomia,as Surety,are held and firmly bound
unto the CITY OF ORANGE, hereinafler called the Obligee, in the sum FIVE H[JNDRED TWENT'Y-ONE THOUSEND FOR7'Y DOLLARS AND 45/100
5521,040.45)for the payment whereof well and wly to be made and we each of us biml outselves,our hei s,executors,administrators,succcssors and assigns,joirtly
and severally,fimily by these presents.
THE CONDITION of the above obligation is such that,WHEREAS,the above rramed bounded pri ipal is required to fumish a bond to said Obligee,guaranteeing the
faithful perfoimance of a conuact to do and perform the following worlc,W wit:
Bid No. 190-04; SP-4110: CDBG FY 19-20 Street Rehabilitation. Sacramento Street, Clinton Street, Olive Street, and
Shaffer Street
a copy of which cort act is or may be attached hereto,and is hereby refecred to and made a part hereof.
NOW,THEREFORE,if the above bounded principal shall well and wly perfonn the work conhacted to be perfonned under said contract,then this obligation to be
null and void;ottienvise to cemain in full force and eflecG The surety hereby stipulates and agrees that ro change,extension of time,alteration or addition to the te ms
of the conuact agreement,or the work to be perfo med there under,or the specifications accompanying the same shall othenvise affect the obligations on this bond,and
it does hereby waive notice of any such change,extension of time,alteration or addition to the tem s of the Contrect agreemrnt or to the work or to the specifications.
SIGNED AND SEALED this
26th y o f J u ne ZO 20
R.J.NOBLE COMPANY Westem Surety Com any
CONTRACTOR A URETY
BY:
X BY:
JACOB BREEDLOVE,ASST.SECRETARV J8f11eS S EY-IN-FACT
BY:
X
BY:
AUSTIN CARVER,
NICE PRESIDENT APPROVED S TO FORM:Cl'Y A RNEY
STATE OF CALIFORNIA On this day of in the year 20 before me,the undeisigned,a
COUNfY OF Notary Public in and for the said State,personally appeared
ri
personally known to me(or pmved to me on the basis of satisfactory evidence)to be the person(s)who executed
the within instniment on behalf of the therein named,and
4
acknowledged me that such executed the same.
WITNESS my hand and official seal.
No Public in and for the said State.
y STATE OF CAI.IFORNIA On this day of in the year 20 _,before me,the undersigned,a
it
COUNTY OF Notary Public in and for the said State,personally appeared
J
3
pe:sonally known to me(or proved to me on the basis of satisfactory evidrnce)to be the peison(s)who executed
4 the within inshument on behalf of the therein named,and
acknowledged me that such executed the same
i WITNESS my hand and official seal.
Nota Public in and for the said State.
v
k
t
n
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 1189
r
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy;or validity of that document.
State of California 1
County of (RAN F
06/26/2020 J.DEIONGH,NOTARY PUBLIC
On before me,
e
JACOB BREEDLOVE Here Insert Name andTifle ofthe O cer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sj whose name(sj is/afe subscribed
to the within instrument and acknowledged to me that he/ey executed the same in hisf#jerftl eir
authorized capacity(ies),and that by his/ku t#eir signature(s on the instrument the person s), or the entity
upon behalf of which the person(acted,executed the instrument.
I certify under PENALTY OF PERJURY under the
J.DEIONGH laws of the State of California that the foregoing
r\Notary Public-California paragraph is true and correct.r r`i; Orange County _
Commission,.2307441
My Comm.Expires Oc:23,2C23 WITNESS my hand and official seal.
Signature
Place Nota.ry Seol and/or Siamp Above Si ature of Notary Public
OPTIONAL
Completing this infoimation can deter alteration of the document or
fraudulent 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 Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
o Individual, Attorney in Fact Individual o Attorney in Fact
Trustee Guardian or Conseroator o Trustee Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
o o(
02018 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189
em
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of nROnIrF 1
06/26/2020 J.DEIONGH,NOTARY PUBLIC
On before me,
e
AUSTIN CARVER Here Insert Name andTiile ofthe O cer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sj whose name(sj is/efe subscribed
to the within instrument and acknowledged to me that he/ey executed the same in hisf#ertk+eir
authorized capacity(ies,and that by his/eir signature(on the instrument the person(s), or the entity
upon behalf of which the person(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
J.DEIONGH laws of the State of California that the foregoingGNotaryPublic-California
Orenge CountY ; paragraph is true and correct.
Commission 2307441 —
My Comm.Expires Oc!23,2023
WITNESS my hand and official seal.
i
Signatu'e
Place No;ary Seol and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this infoimotion can deter alteration of the document or
fraudulent reaftachment 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 Name:
o Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Individual o Attorney in Fad Individual Attorney in Fact
Trustee Guardian or Conservator o Trustee o Guardian or Conservator
Other: Other: __
Signer is Representing: Signer is Representing:
02018 National Notary Association
ACKNOV4ILEDGMEIdT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validi of that document.
State of California
Counry of Orange
on JUN 2 6 ZOZo before me, Annette Lisa Romero, A Notary Public
insert name and title of the officer)
personally appeared J es Scott Salandi
who proved to me on the basis of satisfactory evidence to be the person(g)whose name() is/aec
subscribed to the within instrument and acknowledged to me that he/s 1 o executed the same in
his/b[bte4k authorized capacity(ies, and that by his/h exbtb ir signature()on the instrument the
person(s), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ANNETTE LISA ROMERO
WITNESS my hand and official seal. Q connM.#22aao s
NOTARYPUBLICCALIFORNIA o
ORANGECOUNTY N
L My comm.ezpires May.26,2022 It
Signatur J . Seal)
Executed in Duplicate
CALIFORNIA PUBLIC WORKS 8ond No.30104925
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
W,e, R.J.NOBLE COMPANY COIVTRACTOR)as Principal,and
Western Surety Company SURETY)aCo poration organized and existing
under the laws of the State of South Dakota and authorized to transact business in the State of Califomia,as Surety,are held and firmly bound
unto the CITY OF ORANGE,hereinafter called the Obligee,in the sum of FIVE HUNDRED TWENTY-ONE THOUSEND FORTY DOLLARS AND 45/100
l$521.040.451 for the payment whereof well and uuly
to be made and we each of us bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severelly,firmly by these presents.
WHEREAS,the above named bou ed principal is required to fumish a bond tn said Obligee,guaranteeing the payment of claims of laborecs,mechanics,material
suppliers and any other persons,as pmvided by the law in connection with a conuact to do and perCom the following work,to wit:
Bid No 190-04• SP-4110• CDBG FY 19-ZO Street Re6abilitation, Sacramento Street, Clinton Street, Olive Stree and
Shaffer Street
NOW,THEREFORE,if the Principal or his subconuactocs,shall fail to pay any person named in Section 3181 of the Civil Code of the State of Califomia,or amounts
due under the Unempbyment Insura e Code with cetpect to work or labor perfo[med by any person named in Section 3181 of the Civil Code of the Sfate of Califomia,
or for any amounts required to be deducted,withheld,a paid over to the Employment Developmmt Department from the wages of employees of the principal ar d his
subconVactors pursuant to Section 13020 of the Unemployment Insurence Code,with respect to such work a labor,the Surety will pay for the same in an aggregate
amount not exceeding the sum specified in this bond,and also,in case suit is brought upon this bond,a reaconable attomey's fee,to be fixed by the court in accordance
with Section 3250 of the Civil Code of the State of Califomia.
7'his bo shall inure to the benefit of any person named in Section 3I81 of the Civil Code of the State of Califomia so as to give a right of action to such person or his
assigns in any suit b ught upon this bond.
SIGNED AND SEALED this 26th y of June ZO 2
R.J.NOBLE COMPANY WeSteC'ft SU afl :
CONfRACTOR E OF SURETY
BY: BY:
JACOB BREEDLOVE,ASST SECRETARY Jam 0 81 R RNEY-IN-FACf
BY:, BY:
AUSTIN CARVER PRESIDENT APPROV AS T FORM:CITY TT RNIEV
STATE OF CAI.IFORNIA On this_day of in the year 20 before me,the undersigned,a
COUNI'Y OF Notary Public in and for the said State,personally appeared
Personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)who exacuted
The within inshument on behalf of the thercin named,a
Acknowledged me that such arecuted the same.
WITNESS my hand and official seal.
No Public in and for the said State.
STATE OE CALIFORNIA On this day of in the year 20 before me,the undersigned,a
COUNTY OF Notary Public in and for the said Slate,petsonally appeared
personally krrown to me(or pmved to me on the basis of satisfactory evidence)to be the person(s)who acecuted
the within insuument on behalf of the therein named,and
acknowledged me that such executed the same.
WITNESS my hand and official seal.
Notary Public in and.for the said State.
i
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189
13 oE
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of C F
06/26/2020 J.DEIONGH,NOTARY PUBLIC
On before me,
a e
JACOB BREEDLOVE Here InseK Name and Tifle of the O cer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name(is/afe subscribed
to the within instrument and acknowledged to me that he/ey executed the same in his"-n,„
authorized capaciry(ies),and that by his/k er eir signature(s on the instrument the person(s), or the entity
upon behalf of which the person(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
A?:.-:;, .DEIONGH laws of the State of California that the foregoing
1,• Notary public-Ca(ifomiaf'' Orange County ; paragraph is true and correct.
Commission 2307441 '
My Comm.Expires Oc;2g,ZpZ3 WITNESS my hand and official seal.vsc•
Signature
Place No:ary Seol ond/or Stomp Above ignature of Notary Pub/ic
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachmeni 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 Name:
Corporate Officer-Title(s): O Corporate Officer-Title(s):
Partner- Limited General Partner- Limited o General
o Individual Attorney in Fact Individual Attorney in Fact
o Trustee Guardian or Conservator Trustee Guardian or Conservator
o Other. Other. _ _
Signer is Representing: Signer is Representing: `
e ef3
02018 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Califomia 1
Counry of F AN F 1
06/26/2020 J.DEIONGH,NOTARY PUBLIC
On before me,
e
AUSTIN CARVER Here Insert Name and Tiile ofthe O cer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name($j is/afe subscribed
to the within instrument and acknowledged to me that he/ey executed the same in hisff erft#eir
authorized capacity(ies),and that by his/eir signature(on the instrument the person s), or the entity
upon behalf of which the person(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
J.DEIONGH
laws of the State of California that the foregoing
paragraph is true and correct.Nota Publtc-California
Orenge County
Commission i3o aa, -
WITNESS my hand and official seal.My Comm.Expires Occ 28.2023
Signature
P1ace No:ory Seal and/or Siamp Above Si ature f Notary Public
OPTIONAL
Comp/eting ihis information can deter olteration of the document or
fraudulent reattachment of this form to an uninfended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited O General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator D Trustee Guardian or Conservator
Other: a Other: .
Signer is Representing: Signer is Representing:
02018 National Notary Association
r
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies onty the identity of the individual
who signed the document to which this certiflcate is
attached, and not the truthfulness, accuracy, or
validi of that document.
State of California
County of Orange
On JUN 2 6 2020 before me, Annette Lisa Romero, A Notary Public
insert name and title of the officer)
personally appeared J es Scott Salandi
who proved to me on the basis of satisfactory evidence to be the person(g)whose name(s) is/ec
subscribed to the within instrument and acknowledged to me that he/#1o executed the same in
his/b k authorized capacity(iee, and that by his/h Gta sft signature(ss)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ANNETTE LISA ROMERO
WITNESS my hand and official seal. o COMI 1.#2244076 g
NOTARY PUBLIC CALIFORNIA o3ORANGECOUNTYN
I My comm.expires May.26,2022 It
Signatur J Seal)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I{now All Men By These Presents,That WESTIItN SURETY COMPANY>a South Dakota coiporation,is a duly organized and exis[ing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signad re and seal herein af xed hereby
make,constitute and appoint
James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually
of Lvine,CA,its true and lawful Aitomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on iis behalf bonds,
undertakings and other obligatory instrumenis af similar nature
Ill Urilllril tl L lri011rit5-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of Ute coiporation and all the acts of said
Auorney,pursuant to the authority hereby given,aze hereby raiified and conf'umed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholdeis of the corporafion.
In Wilness Whereot,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its cotporate seal to be
hereto affixed on this 18th day of June,2015.
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WESTERN SURETY COMPANY
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aul T.Bruflat,Vice President
State of South Dakota
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County of Minnehaha
On this 18th day of June,2015,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Vice Presideni,of WFSTERN SURETY COMPANY described in and which executed
the above inshument;that he knows the seal of said corporation;that the seal affixed to the said insWment is such corporate seal;that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like avthority,and acknowledges
same to be the act and deed of said co poration.
My commission expires w"`"` _
S.EI H
February 12,2021 N TaFiY WBLIC •
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S.Eich,Notary Public
CERTIFICATE
I,L.Neison,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Auomey hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is stillAi n force. Inq teqstimony whereof I ha e hereurno subscribed
my name and xed the seal of the said cotporation this day of U v 2 LOL
S"aErY ` WESTERN SURETY C MPANY
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L.Nelson,Assistant Secretary
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Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS F WESTERN SURETY COMPANY
This Power of Attomey is made and executed pursuant to and by au ority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds,policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer, or any Vice President, or by such other
officers as the Boazd of Directors may au orize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertaldngs in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.