SR - AGR-6668 - HSIP LEFT TURN PHASING SIGNAL MODIFICATION PROJECTS; GLASSELL & WALNUT AND CHAPMAN & JAMES _. ..
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�Q�..��,Q,,�::;,�a� November 13, 2018
. .CpUNTY CP �
Reviewed/Verified B :
TO: Honorable Mayor and
City Manager .
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Members:of the City CounCil Finance Dire or :. .
To Be Presented.Byr Christopher Cash
THRU:: Rick Otto x Cons Calendar City Mgr Rpts
. .
City Manager —
Council Reports egal a�rs:
—
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Boards/Cmtes Public Hrgs
FROM:. Christo her Cash —
P . . Admin Reports Plan/Environ
Public Works Di .ector
_
1. SUBJECT.
Award of Contract for Bid No. 178-02;: two Federal=Highway Safety Improvement Program
_ .
(HSIP) Left Turri Phasirig Signal Modification Projects: 1) Glassell Street and Walnut Avenue;
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and 2) Chapman Avenue and James Street.
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� ... . . . . .,� ..... . .. . . . .
2. : :: SUMMARY:
.
The bids for tlie two HSIP projects 1) Glassell Street aC Walnut:Averiue; and 2) Chaprrian Avenue
at:James Street were received and operied on September 20; 2018. The apparenf low bidder is:
International:Line Builders; Inc.:of Carona, CA in the amount of.$711;611. The estimated total
,. construction cost including contract, contingencies (5%), and construction engineeririg (5°Io) is .
$782,773.
3. RECOMMENDED A'CTION
1) Transfer $207,000 from the;:Tustin/1VTeats Intersection Right Turn;Lane Addition Projecf
accourit 284.5011.56330.30025 to expenditure.account number 284.5032.56100.30029, TSIP
_
.
B,:HSIP Glassell & Walnut.
2) Autliorize the appropriation of:$5,300 from the:Renewed Measure 1VI2 Traffic Improvement
. . .
Fund (263) unreseryed fund balance to::expenditure account number 263.503,2,:56100:30030,
1Vleasure M2, HSIP.Chapman &James: :
3) .Award the contract in the amount of$711,611 to International Line Builders,.Inc. and
.: authorize the 1VIayor and City Clerk to execute on behalf of:the City.
.
ITEM 3• � 1 11/13/18
4. FISCAL IMPACT
Upon transfer and appropriation, the total expenditure for construction is $783,700 and will be
funded through:
Glassell &Walnut (30029) Measure M2 (263) $ 33,200
Reimbursable HSIP (550) 265,700
TSIP "B" (284) 207,000
Chapman &James (30030) Measure M2 (263) 35,000
Reimbursable HSIP (550) 242,800
Total: $ 783,700
5. STRATEGIC PLAN GOAL(S)
lb. Provide for a safe community — Provide and maintain infrastructure necessary to ensure the
safety of the public.
3d. Enhance and promote quality of life in the community - Maintain and improve multi-modal,
transportation throughout the City.
6. GENERAL PLAN IMPLEMENTATION
Infrastructure Goal 3.0: Ensure adequate maintenance of public rights-of-way to enhance public
safety and improve circulation.
Policy 3.3: Continue to design, install, and maintain signals, signage, streetlights, and traffic
control devices within rights-of-way.
7. DISCUSSION and BACKGROUND
The City Council approved authorization to advertise the projects for construction bids on June
12, 2018. The solicitation for bids was advertised on August 30,2018 for a period of three weeks.
Eight bids were received and opened on September 20, 2018, as follows:
1) International Line Builders Electric, Corona $ 711,611
2) Calpromax Engineering, Inc., Placentia $ 719,300
3) Elecnor Belco Electric, Inc., Chino $734,686
4) California Professional Engr., Inc.,La Puente $ 750,069
5) PTM General Engr. Inc.,Riverside $789,987
6) DynaElectric,Los Alamitos $ 802,785
7) DBX Inc., Ternecula $ 840,779
8) Alfaro Communication Const., Inc., Compton $ 863,800
. International Line Builder's (ILB) proposal is responsive and complies with all requirements of
the bid solicitation. ILB is a responsible bidder and is also the prime contractor for�he Chapman
Avenue and Lemon Street Traffic Signal Improvement Project.
ITEM 2 11/13/18
The estimated total construction cost for the two projects including contract and 10% for
contingencies and construction engineering is $782,773. The two projects are combined into one
bid to take advantage of economies of scale and for ease of construction coordination with one
contractor.
Staff is requesting a transfer of funds from the Tustin/Meats Intersection Right Turn Lane Addition
Project. Adequate funds were initially budgeted to cover the estimated costs of right-of-way
acquisitions at the intersection of Tustin Street and Meats Avenue. After the completion of the
right-of-way acquisition phase, it was determined that some of the budgeted funds for right-of-
way were no longer needed. The surplus of funds can be transferred to another capacity-
enhancement project like the Glassell Street and Walnut Avenue Left Turn Signal Modification
Project.
At the Glassell Street and Walnut Avenue intersection, the project will provide protected left tuxn
phasing for the north-south approaches on Glassell Street and split phasing for the east-west
approaches on Walnut Avenue. At the Chapman Avenue and James Street intersection,the project
will provide protected left turn phasing for the east-west approaches.
The two projects were approved for funding under the Federal Highway Safety Improvement
Program (HSIP). HSIP provides a maYimum of 90% reimbursement for eligible project costs,
while the local agency contributes the remaining 10%. The purpose of the program is to reduce
traffic fatalities and injuries on public roads by implementing infrastructure-related highway safety
improvements. The installation of left turn and split phasing will also improve the operational
efficiency of the intersection and enhance pedestrian safety.
The general scope of work includes replacement of signal poles, mast arms, luminaires (safety
lighting), signal head indications, electrical service, illuminated street name signs, and concrete
foundations; installation of signal controller cabinets, signal controller, battery back-up systems,
and service pedestals; installation of emergency vehicle preemption (EVP) with new conduits and
conductors; and construction of ADA-compliant sidewalk access ramps. At the intersection of
Glassell Street and Walnut Avenue, improvements include decorative traffic signal poles
consistent with the standards of the Old Towne Master Plan of Lighting and intersection paving.
The projects are categorically exempt from the provisions of the 2016 CEQA Guidelines under
Article 19. "Categorical Exemptions", Section 15301 "Existing Facilities", classifies these
projects as Class 1 (b) "Existing highways and streets, sidewalks, gutters..." The categorical
exemption applies to these projects because the installation of the protected left turn phases and
split phases are for safety and involve negligible or no expansion of the arterials' existing use. The
Notice of Exemption has been filed with the County of Orange.
Construction is anticipated to start in Spring 2019 upon delivery of long lead materials and
equipment. Both projects are scheduled to be completed by Fall 2019.
8. ATTACHMENTS
• Contract
• Location Maps
• Bid Abstract
ITEM 3 11/13/18
CONTRACT
[HSIPL-5073 (078) Glassell St&Walnut Ave Left Turn Signal Modification;
HSIPL-5073 (080) Chapman Ave&James St Left Turn Signal Modification
(Bid No. 178-02)]
THIS CONTRACT (herein referred to as the "Contract") is made and entered into as of
, 2018 (herein referred to as the "Effective Date") by and between the CITY OF
ORANGE, a municipal corporation ("City"), and INTERNATIONAL LINE BUILDERS, INC.,
a Delaware corporation (the "Contractor"), with its principal office for purposes of this Contract
at 1055 Montecito Drive in the City of Corona, State of California.
ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City, and under the conditions expressed in the two (2) bonds
presented to the 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 the City to the
Contractor,necessary to complete in good workmanship and substantial manner the work(herein
referred to as the"Work") described in:
(1) the Construction Plans for Highway Safety Improvement Program—Left Turn
Phasing Signal Modification for Glassell Street and Walnut Avenue (HSIP-
5073 (078)) and Chapman Avenue and James Street (HSIP-5073 (080))
prepared for the City by KOA Corporation, approved by the "Engineer" (as
defined hereinbelow) on June 27, 2017, and consisting of sheets numbered 1
through 9, inclusive (herein referred to as the"Plans");
(2) The latest edition of the "City of Orange Standard Plans and Specifications"
(herein referred to as the "Orange Book") with "Engineer", as used in the
Orange Book and in this Contract,to specifically include the City Engineer(or
his designee);
(3) The "Standard Specifications for Public Works Construction (herein referred
to as the"Green Book"), and all amendments thereto;
(4) The "City of Orange Standard Special Provisions" attached hereto as
Attachment No. 1 and incorporated herein by this reference (herein referred to
as the"Special Provisions");
(5) The Contractor's Proposal, which is on file with the City's Department of
_ Public Works; _ _
(6) The Labor Relations Documents attached hereto as Attachment No. 2 and
incorporated herein;
(7) The Federal Requirements for Federal-Aid Construction Projects attached
hereto as Attachment No. 3 and incorporated herein by this reference;
(8) The City of Orange and Caltrans Standard Plans Excerpts & Material
Specifications attached hereto as Attachment No. 4 and incorporated herein by
this reference;
(9) The Federal Prevailing Wage Rates for the Work attached hereto as
Attachment No. 5 and incorporated herein by this reference.
,
The Contractor acknowledges that it has received the Plans from the 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 and the Green Book are on file with the
City's Public Works Director and are hereby specifically referred to and by such reference made
a part hereof. The Contractor hereby acknowledges that it has read, reviewed and understands
the Plans, the Standard Plans, the Orange Book, the C�"reen Book, the Special Provisions, and the
City of Orange Special Provisions and Encroachment Pernut as they relate to the Work, all of
which documents shall be referred to herein collectively as the "Plans and Specifications".
Contractor shall be aware of Chapter 8.28 of the Orange Municipal Code which requires, among
other things, that Contractor utilize the 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 5pecifications to the contrary.
The Work is to be performed in conformity with the Plans and Specifications and the
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.
Unless and until otherwise notified in writing by the City's Public Works Director, Kathy
Nguyen, Senior Civil Engineer (herein referred to as the "Authorized City Representative"),
shall be the person to whom the 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 the 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 the City's Public Works Director.
ARTICLE II
. Contractor agrees to commence the Work provided for in this Contract within fifteen _
(15) days of the date of the issuance by the City of a Notice to Proceed and to diligently
prosecute completion of the Work within ninety (90) working days from such date, unless legal
extension is granted in accordance with the terms set forth in the Green Book.
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ARTICLE III
The Contractor agrees to receive and accept an amount- not to exceed SEVEN
HUNDRED ELEVEN THOUSAND SIX HUNDRED ELEVEN DOLLARS and 00/100
($711,611.00)to be paid as follows:
HSII'L-5073 (078) Glassell St&Walnut Ave Left Turn Signal Mod $459,065.00
HSIPL-5073 (080) Chapman Ave &James St Left Turn Signal Mod $252,546.00
as full compensation for furnishing all materials and doing all the Work contemplated and
embraced in this Contract; also for all loss or damage arising out of the nature of the Work
aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the Work until its acceptance by the
City, and all risks of every description connected with the Work, also for all expenses incurred
by or in consequence of the suspension or discontinuance of the Work, and for 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.
ARTICLE IV
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of the Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
ARTICLE V
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 VI
The Contractor guarantees the construction and installation of all work included in the
Plans and Specifications for which the Contractor has been awarded this Contract.
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 specified in this Contract is accepted by the City, the Contractor
_ shall make repairs and furnish such materials and equipment as are necessary to be furnished and _
installed within fifteen(15) calendaz days after the receipt of a demand from the City.
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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.
In the event repairs are not made within fifteen (15) calendar days after the Contractor's
receipt of a demand from the City, the City shall have the unqualified option to make any needed
repairs or replacements itself or by any other contractor. The Contractor shall reimburse the
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.
It is understood that emergency repairs, by necessity, may be made by the City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
the City, the Contractor shall reimburse the City, upon demand, all expenses incurred.
Emergency repairs will be deemed as those repairs determined by the 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 the City.
ARTICLE VII
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.
Prevailing wage determinations exist for certain crafts since 1977. To the extent that the
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, the Contractor hereby agrees that Contractor, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workmen. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). It is our understanding that it is the practice and
policy of the Department of Industrial Relations to refrain from enforcing prevailing wage
obligations for any work that falls outside the scope of work referenced for a particular craft or
classification. Additionally, to perform work under this Contract, Contractor must meet all State
registration requirements and criteria, including project compliance monitoring.
Attached hereto as Attachment No. 6 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. The Contractor hereby acknowledges that it has read, reyiewed
and understands those provisions of the California Labor Code and, accordingly, hereby agrees
to and shall prosecute and complete the Work under this Contract in strict compliance with all of
the terxns and provisions contained in those provisions of the California Labor Code.
The Contractor hereby agrees to and 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, the 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'
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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."
The Contractor hereby agrees to and shall indemnify, protect, defend and hold harmless
the City and its officers, employees, contractors and agents, with counsel reasonably acceptable
to City, from arid 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
andlor 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 VIII
Contractor shall procure and maintain for the duration of this Contract insurance against
claims for injuries to persons or damages to properly which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors. �
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00
O1).
2. Insurance Services Office Form Number CA 00 O1 covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Contractor shall maintain limits no less than:
. 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.
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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.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to the City, its officers, officials, and employees; or the
Contractor shall provide a fmancial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be
endorsed to contain,the following provisions:
1. The City, its officers, officials, agents and employees are to be covered as
additional insureds with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or
operations performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work or operations. General Liability coverage shall be
provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc.
Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor's
insurance policy, or as a separate owner's policy.
2. For any claims related to this project,the Contractor's insurance coverage shall be
primary insurance with respect to the City, its officers, officials, and employees. Any insurance
or self-insurance maintained by the City, its officers, officials, and employees shall be excess of
the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days' prior written notice
has been provided to the City.
The Contractor shall furnish the City with original certificates of insurance and
endorsements effecting coverage required by this clause. The endorsements should be on forms
acceptable to City. All certificates and endorsements are to be received and approved by the
City before work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. The 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.
All insurance procured and maintained by the Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in the State of California and having
a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating
Guide.
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Contractor shall immediately notify the City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by the City.
In such a case, the 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.
Contractor hereby agrees to waive subrogation which any insurer of the Contractor may
acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in
favor of the City for all work performed by the Contractor, its employees, agents and
subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE IX
Contractor agrees to and shall defend, indemnify and hold harmless the City and its
officers, employees, attorneys, contractors and agents from and against any and all claims,
liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and
court costs) which the 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 the 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 the City or its officers, employees, attorneys, contractors or agents.
The foregoing indemnity shall survive termination of this Contract.
ARTICLE X
Time is of the essence in this Contract. Contractor shall do all things necessary and
incidental to the prosecution of Contractor's work. -
ARTICLE XI
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 or mental or physical disability.
Contractor shall ensure that applicants are employed and that employees are treated during
employment, without regard to their race, color, religion, sex, national origin, or mental or
physical disability. Such actions shall include, but not be limited to the following: employment,
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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 agrees to post in conspicuous places, available to employees and applicants for
employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by,
or on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard for race, color, religion, sex, national origin, or mental or physical
disability.
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 XII
City, acting through its City Manager or his 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 the
City may withhold any disputed compensation. City shall not be liable for any claim of lost
profits.
ARTICLE XIII
In accordance with generally accepted accounting principles, Contractor shall maintain
reasonably full and complete records of the cost of and completion of services performed under
this Contract. During the term of this Contract and for a period of two 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 agrees to make
available all records for inspection or audit at its offices during normal business hours and upon
3 days' notice from City.
ARTICLE XIV
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. This Contract shall be
construed in accordance with and governed by the laws of the State of California and Contractor
agrees to submit to the jurisdiction of California courts.
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ARTICLE XV
This Agreement 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. Except as otherwise provided herein, all notices required under this Contract shall be
in writing and delivered personally 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 may be sent by either e-mail or U.S. Mail. Notices shall be deemed received
upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices
sent by e-mail shall be deemed received on the date of the e-mail transmission.
"CONTRACTOR" "CITY"
International Line Builders, Inc. City of Orange
1055 Montecito Drive 300 E. Chapman Avenue
Corona, CA 92879 Orange, CA 92866-1591
Attn: Michael Aguirre Attn: Kathy Nguyen, Senior Civil Engineer
Telephone No.: (951) 836-7225 Telephone No.: (714) 744-5528
E-Mail: Michael.Aguirre@ilbinc.com E-Mail: knguyen@cityoforange.org
ARTICLE XVI
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 Contractor 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). Contractor further represents and warrants that he 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. Contractor 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. Contractor 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. Contractor shall require all subcontractors and/or sub-
consultants to make these same representations and warranties when hired to perform services
under this Contract.
c. Contractor shall,upon request of the City, provide a list of all employees working
under this Contract and shall provide, to the reasonable satisfaction of the City, verification that
all such employees are eligible to work in the United States. All costs associated with such
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verification shall be borne by the Contractor. Once such request has been made, Contractor may
not change employees working under this Contract without written notice to the City,
accompanied by the verification required herein for such employees. Contractor shall require all
subcontractors andlor sub-consultants to make the same verification when hired to perform
services under this Contract.
d. Any Contractor, subcontractor, or sub-consultant who 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 shall constitute a
material breach of this Contract and may be cause for immediate termination of this Contract by
the City.
e. The Contractor agrees to indemnify and hold the City, its officials and employees
harmless for, of and from any loss, including but not limited to fines, penalties and corrective
measures, the City may sustain by reason of the Contractor's failure to comply with said laws,
rules and regulations�in connection with the performance of this Contract.
ARTICLE XVII
The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National
Pollutant Discharge Elimination System ("NPDE5") Permit No. R8-2009-0030 (the "Permit"),
which governs storm water and non-storm water discharges resulting from municipal activities
performed by the City or its contractors. In order to comply with the Permit requirements, the
County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing
Model Maintenance Procedures with Best Management Practices ("BMPs") that the City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention
and source control techniques to ininimize 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.
The Pernut, the DAMP and the Model Maintenance Procedures are on file in the office of
the City's Director of Public Works, which is located at 300 E. Chapman Avenue in the City of
Orange. The 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 agrees to perform the Work in conformance therewith.
ARTICLE XVIII
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. 7, and
, incorporated herein by this reference.
[Signatures on next pageJ
10 ��
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the date and year first above written.
"CITY"
CITY OF ORANGE, a municipal corporation
By:
Teresa E. Smith
Mayor of the City of Orange
CONTRACT,BONDS AND INSUR.ANCE
APPROVED BY: ATTEST:
Gary A. Sheatz, Senior Assistant City Attorney Robert Zornado, Chief Clerk
"CONTRACTOR"
INTERNATIONAL LINE BUILDERS, INC., a
� Delaware corporation
[Note: Signature of Chairman of the By:
Board,President or Vice President is Printed Name:
requiredJ Title:
[Note: Signature of Secretary,Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also requiredJ Title:
11
ATTACHMENT NO. 1
CITY OF ORANGE STANDARD SPECIAL PROVISIONS
[A copy is available at the Public Works front counter. Subsequent to finalization of the
contract, a copy will be kept on file with the City Clerk's office.]
ATTACHMENT NO. 2
LABOR RELATIONS DOCUMENTS
LABOR RELATIONS
CONTRACT COMPLIANCE FORMS
The following list of forms shall be completed and submitted by the contractor during the performance of the
contract.
LR-1. Weekly certified payroll statements. (WH347)
LR-2. Weekly statement of compliance. (WH-348)
LR-3. Weekly certified Owner Operator listing. (HC-58)
LR-4. Weekly Owner Operator statement of compliance. (HC-59)
LR-5. Fringe Benefit statement(submit with First WH-347). (HC-50)
LR-6. Monthly Employment Utilization Report. (CC-257)
LR-8. Contractor's List of Federal and Non-Federal Work in Bid Condition area.(Submit with First CC257)
LR-9. Final Report—Utilization of Disadvantaged Business Enterprise(DBE). (HC-43/CEM-2402F)
The following forms shall be posted by the contractor in conspicuous places where they can be easily read by
anyoneconcerned.
LR-11. Notice of Equal Employment Opportunity.
LR-12. Notice to all employees working on Federally Funded Projects.
LR
U.S.DEPARTMENT OF LABOR PAYROLL FORM WH-347
Wage and Hour Division. (For Contractor's Optional Use;See Instructions,Form WH-347 Inst.)
NAME AND ADDRESS:
CONTRACTOR�
SU B-CO NTRACTO R�
Payroll Number: For Week Ending: Project&Location:
1.Name,Address and Social Security Z•No.of 3.Work OT 4. DAY AND DATE s.Total 6.Rate ��ross 8. DEDUCTIONS 9. Net
Number of Employee. withholding class- or S M T W T F S Haurs of Pay qmount Withholding Tax Other TOTAL Wages
Exemptions ification ST Earned. FICA Deductions paid for
- HOURS WORKED EACH DAY Week
0
S
0
5
0
S
O
S
0
S
0
S
LR-1
U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE FORM WH-348
Wage and Hour Division
Date:
�, , do hereby state:
(name of signatory party) (Title)
(1)That I pay or supervise the payment of the person employed hy
(contractor or sub-contractor)
on the ;that during the payroll period commencing on the day of 19
(Building or Wark)
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
(Contrector or Sub-contrector)
person and that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions as
defined in Regulations,Part 3(29 CFR Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended(48 Stat.948.63 Stat.108,72 Stat
967;Stat.357;40 U.S.C.276c),and described below:
(2)That any payrolls otherwise under this contrect required to be submitted for the above period are correct and complete;that the wage retes for the
laborers or mechanics contained therein are nat less than the applicable wage retes contained in any wage determination incorporeted into the contrect;
that the classification set forth therein for each laborer ar mechanic conform with the work he perfarmed.
(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 BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS
❑ In addition ta the basic hourly wage retes paid to each laborer or mechanic listed in the above referenced payroll,payments of fringe
benefits as listed in the contrect have been or wili be made to appropriate progrems 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 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
REMARKS
NAME AND TITLE SIGNATURE
THE WILLfUL FALSIFICATION OF THE ANY OF THE ABOVE STATEMENTS MAY SUBJECf THE CONTRACTOR OR SUB CONTRACTOR TO
CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 2310F TITLE 31 OF THE UNITED STATES CODE.
LR-2
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 AND DATE 6. 7. S. 9.
number and Contrector'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
5
O
5
O
• S
0
S
' O
S
0
S
LR-3
DEPARTMENT OF PUBLIC WORKS STATEMENT OF COMPLIAfVCE 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-contrector)
person and that no deductions have been made either directly or indirectly from the full sums earned by any person,other than permissible deductions as
described below: 276c),and described below:
(2)That any payrolls or listings otherwise under this contrect required to be submitted for the above period are correct and complete;that the wage retes
for the laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporeted into the
contrect;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 BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS
� In addition to the basic hourly wage retes paid to each laborer or mechanic listed in the above referenced payroll or listings,payments of
fringe benefits as listed in the contrect have been or will be made to appropriate progrems for the benefit of such employees,except as
noted in Section 4(c)belaw.
(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 rete plus the amount of the required fringe benefits as listed in the contract,except as
noted in Section 4(c)below. '
(c)EXCEPTIONS
EXCEPTION(CRAFI') EXPLANATION
REMARKS
!
NAME AND TITLE SIGNATURE
THE WILLFUL FALSIFICATION OF THE ANY OF THE ABOVE STATEMENTS MAY SUBJECTTHE CONTRACTOR OR SUB CONTRACTOR TO
CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 2310F TITLE 31 OF THE UNITED STATES CODE. .
LR-4
CITY OF ORANGE
FRINGE BENEFIT STATEMENT
TO BE SUBMITTED WITH THE FIRST CERTIFIED PAYROLL STATEMENT Form HC-50
CONTRACT/PROPOSAL FEDERAL NUMBER: TODAY'S DATE:
NUMBER: �
TO: ADDRESS: ,City of Orange
Resident Engineer Public Works Department
300 East Chapman avenue
Orange,Ca.92666
In order that the proper Fringe Benefit rates can be used for checking payrolls or applied to Force Account
work,which may be done on the above 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 T0:name:
R Welfare: $ address:
I Pension: $ PAID TO:name:
N Vacation/ address:
G Holiday: $ PAID T0:name:
E Training& address:
Benefits Other: $ PAID T0:name:
TOTAL: $ address:
CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE or TRAVEL
PAY:$
F Health& PAID T0:name:
R Welfare: $ address:
I Pension: $ PAID TO:name:
N Vacation/ address:
G Holiday: $ PAID T0:name:
E Training& address:
Benefits Other: $ PAID T0:name: -
TOTAL: $ address:
CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE or TRAVEL
PAY:$
F Health& PAID T0:name:
R Welfare: $ address:
I Pension: $ PAID T0:name:
N Vacation/ address:
G Holiday: $ PAID T0:name:
E Training& address:
Benefits Other: $ PAID T0: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:
TITLE:
LR-5
U.5.DEPARTMENT OF LABOR MONTHLY EMPLOYMENT 1.Covered area(SMSA or EA) 3.Current Goals 4.Reporting Period
Employment Standards Administration,OFCCP UTILIZATION REPORT Minority: From:
This report is required by Executive Order 11246,5ec.203.Failure to report can result in 2.Employers ID Number Female: To:
contracts being canceled,terminated or suspended in whole or in part and the contractor may
be declared ineligible for further Federally assisted Government construction contracts.
Name and address of the Contractor Federal Funding
I Agency
6.WORK HOURS OF EMPLOYMENT(Federal&Non-Federel)
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 Percentag Percentag Number of Minority
e e
BY TRADE 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
TOTALJOURNEY WORKERS
TOTAL APPRENTICES
TOTAL TRAINEES
G RAN D TOTAL
11.Company official's signature and Title 12.Telephone Number(Including Area Cade) 13.Date signed: PAGE
OF
Form CC-257
LR-6
INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT(Form CC-257)
The monthly Utilization Report is to be completed by each subject cantractor(both prime and sub)and signed by a responsible o�cial of the company.The
reports are to be filed by the Sth day of each month during the term of the cantract, 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 contrect 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.5.Department of Labor,Employment Standards Administretion,OFCCP's regional office for
your area).
Compliance Agency................................... U.S.Government Agency assigned responsibility for equal employ-
ment opportunity.(Secure this information from the contracting
officer). �
Federal Funding Agency............................. U.S.Government Agency funding project(in whole or in part).If
more than one agency,list all.
Contractor.................................................. Any contractor who has a construction contract with the U.S.
Government or a contract funded in whole or in part with Federal
Funds.
Minority..................................................... Includes Blacks,Hispanics,American Indians,Alaskan Natives,and
Asian and Pacific Islanders-both men and women.
1.Covered Area......................................... Geographic area identified in Notice required under 41 CFR 60-4.2.
2. Employer's Identification Number.......... Federal Social Security Number used on Employer's quarterly Federal
Tax Return(U.S.Treasury Department Form 941).
3.Current Goals(Minority and Female)..... See Contract Notification.
4. Reporting Period.................................... Monthly,or as directed by the compliance agency,beginning with the
effective date of contract.
5.Construction Trade................................ Only those construction crafts which contractor employs in the
covered area.
6.Work-Hours of Employment(a-e).......... a. The total number of male hours and the total number of female
hours worked by employee in each classification.
b.-e.The total number of male hours and the total number of female
hours worked by each specified group of minority employees in
each classification.
Classification............................................. The level of accomplishment or status of the worker in the trade
(Journey Worker,Apprentice,Trainee).
7.Minority Percentage............................... The percentage of total minority work-hours of all work-hours(the
sum of columns 6b,6c,6d,and 6e divided by column 6a;just one
figure for each construction trade).
8. Female percentage................................. For each trade the number reported in 6a.(F)divided by the sum of
the numbers reported in 6a(M and F).
9.Total number of employees.................... Total number of male and total number of female employees working
_ in each classification of each trade in the contractor's aggregate work
force during reporting period.
10.Total number of minority employees.... Total number of male minority employees and total number of female
minority employees working in each classification in each trade in the
contractor's aggregate work force during reporting period
LR-7
INSTRUCTIONS:Attach to the first CC257 submitted.
Submit updated notice only if the work is completed or
new contract has been received.
CONTRACTOR'S LIST OF FEDERAL AND NON-FEDERAL WORK IN THE BID CONDITION AREA
Bid Condition Area:City of Orange. Name of Contractor:
Date: Address:
I.FEDERALLY ASSISTED CONTRACTS
Name 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
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises(DBE)and First-Tier Subcontractors
Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors
1.Local Agency Contract Number 2.Federal-Aid Project Number 3.Local Agency 4.Contract Completion Date
5.Contractor/Consultant 6.Business Address 7.Final Contract Amount
e.Contract ' 11.DBE 12.Contract Payments 13.Date 14.Date of
Item 9•Description of Work,Service,or 10.Company Name and Certification Work Final
Number Materials Supplied Business Address Number Non-DBE DBE Completed Payment
15.ORIGINAL DBE COMMITMENT AMOUNT $ 16.TOTAL
List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit.If actual DBE utilization(or item of work)was different than that approved at the time of
award, 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 AND CORRECT
17.Contractor/Consultant Representative's Signature 18.ContractodConsultant Representative's Name 19.Phone 20.Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ONSITE 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 sensary disabilities,this document is available in altemate formats.For infortnation,call(916)445-1233,Local Assistance Procedures Manual TTY 711,or write to Records and Farms
Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
LR-9
Local Assistance Procedures Manual
INSTRUCTIONS—FINAL REPORT-UTILIZATION OF DI5ADVANTAGED 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.Final Contract Amount-Enter the total fmal amount for the contract.
8. Contract Item Number-Enter contract item for work, services, or materials supplied provided.Not
applicable for consultant contracts.
9.Description of Work, Services, or Materials Supplied-Enter description of work, services, or materials
provided. Indicate all work to be performed by DBEs including work performed by the prime
contractor/consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or
furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. Company Name and Business Address -Enter the name, address, and phone number of all
subcontracted contractors/consultants. Also, enter the prime contractor/consultant's name and phone number,
if the prime is a DBE.
11. DBE Certification Number-Enter the DBE's Certification Identification Number. Leave blank if
subcontractor is not a DBE.
12. Contract Payments -Enter the subcontracted dollar amount of the work performed or service provided.
Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the
dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes
decertified.
13.Date Work Completed-Enter the date the subcontractor/subconsultant's item work was completed.
14.Date of Final Payment-Enter the date when the prime contractor/consultant made the final payment to
the subcontractor/subconsultant for the portion of work listed as being completed.
15. Original DBE Commitment Amount-Enter the"Total Claimed DBE Participation Dollars"from
Exhibits 15-G or 10-02 for the contract.
16. Total-Enter the sum of the"Contract Payments"Non-DBE and DBE columns.
17. Contractor/Consultant Representative's Signature-The person completing the form on behalf of the
contractor/consultant's firm must sign,their name.
18. Contractor/Consultant Representative's Name-Enter the name of the person preparing and signing the
form.
19. Phone-Enter the area code and telephone number of the person signing the form.
20.Date-Enter the date the form is signed by the contractor's preparer.
21.Local Agency RepresentaNve'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 1 of 2
July 23,2015
LR-10
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Project Number and Title
To:
Name of Labor Union,Worker's Representative, etc.
Address
The undersigned currently holds a contract with the City of Orange involving federally assisted
construction funds for Highway Safety Improvement Program (HSIP) or a subcontract with a prime
contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance with
Executive Order 11246, the undersigned is obliged not to discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.This obligation not to
discriminate in employment includes, but is not limited to the following:
HIRING,PLACEMENT,UPGRADING,TRANSFER,OR DEMOTION;
RECRUITMENT,ADVERTISING,OR SOLICITATION FOR EMPLOYMENT;
TREATMENT DURING EMPLOYMENT;
RATES OF PAY OR OTHER FORMS OF COMPENSATION;
SELECTION FOR TRAINING,INCLUDING APPRENTICESHIP;
AND LAYOFF OR TERMINATION.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246.
Copies of this notice will be posted by the undersigned in conspicuous places available to employees
or applicants for employment.
- Name of Contractor
Address
Signature and Title
Date
Page 1 of 2
July 23,2015
LR-11
_ .
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�' �'
.. ... . . .. ..
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. " .. .._.. . .. ... .. . .,. ;.. :. .:;.. ... .. ..... ... . ..... ... . .. .
.. .. .. ..; .. .
Work�n on Federal or Federalfy
.
Financ�d Con�truction Pr�jects
_ _ _ _
You must he Paid not less than the:wage rate
with t
in the s�hedUle: posied this Notice for he
WAGES
Kind of work you perfortii. :
_. . . .
Q`��'� You must be paid not less than one::and one-half
times your tiasic rate of pay for aU f�ours worked
over:AO a week: l-tiere ace;some exceptions.
.�a�N'T'�CES : Appreritice rates appiy only to apprentices
... .
properfy registe.red under approved;Federal or
StaCe:apprentices:rp programs.
�Q�R tf you d:o not;.r.eceive proper pay, contact fhe
P� Contcact'rng O(ficer(isted befow;:
_ .. . _ _
.. ..
_.. . .
or you may.contact the nearest;office.of the
Wage ancl Hour Division;U:S. Department of �
La6or.�he Wage and:Hour Division has offices .
in several hundred cammunities througfiout the:. .
country:They a.re listed in the U.S.:Government
section of:mosf:telephone directories under.
__ U.S.:bepartmenE ot Labor:
EmPl.oyment Standards Administration
fm �
. .. ... .. �ii hiAlc.+tl�n 1331 � . ... : : � . . .
S.DepaNmenl o( a6or //
ptoyment Sta detdS '.t`'�
. ... . . . . ... . . . AOm islralion
. :.' : '. ■<+laea�.l�oo.,rr ��986. .. �.� �� �. .. �.' ��Wa9e end Hour Divielon�-� � � . .
.. .:.. : . . ..... . . , .... . . . ... . . . ... . ...
. . . . . .. . .. .' : :.�. .. . . . .. ., . .
. .. . ... .. .... ... .. ..... _.. . .
Page l of 2::: :
,.
_. _ LR-12. . .. .. .
ATTACHMENT NO. 3
FEDERAL REQUIREMENT5 FOR FEDERAL-AID
CONSTRUCTION PROJECTS
LocaTAssistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
EXI�IBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language,with minor edits,was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
1. DISADVANTAGED BUSINESS ENTERPRISE5(DBE).....................................................................2
A. DBE COMMITMENT SUBMITTAL..................................................................................2
B. GOOD FAITH EFFORTS SUBMITTAL.............................................................................2
C. EXHIBIT 15-G-CONSTRUCTION CONTRACT DBE COMMITMENT...................................3
D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS.................3
E. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES.....................................4
2. BIDOPENING.........................................................................................................................5
3. BID RIGGING..........................................................................................................................5
4. CONTRACT AWARD................................................................................................................5
5. CONTRACTOR LICENSE..........................................................................................................5
6. CHANGED CONDITIONS..........................................................................................................5
A. DIFFERING SITE CONDITION........................................................................................5
B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER..................................................5
C. SIGIVIFICANT CHANGES IN THE CHARACTER OF WORK................................................6
7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES..............................6
8. BiJl'AMERICA........................................................................................................................6
FURNISH STEEL AND IRON MATERYALS TO BE INCORPORATED INTO THE WORK WITH CERTIFICATES OF COMPLIANCE.
STEEL AND IRON MAT'ERIALS MiJST BE PRODUCED IN THE U.S.EXCEPT.............................................................6
9. QUALITY ASSURANCE.............................................................................................................6
10. PROMPT PAYIVIENT OF FUNDS WITHI3ELD TO SUBCONTRACTORS.............................................7
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS...................J
12. FEMALE A1�iD MINORITI'GOALS............................................................................................18
13. TITLE VI ASSURANCE.............................................................................................................20
14. USE OF UNITED STATES-FLAG VESSELS(CARGO PREFERENCE ACT�........................................21
15. FEDERAL TRAINEE PROGRAM................................................................................................22
Page FR-1 of 23
January 2018
Local Assistance Procedures Manual Exhibif 12-G
Required Federal-Aid Contract Language
i. DISADVANTAGED BUSINESS ENTERPRISES(DBE)
Under 49 CFR 26.13(b):
The:contractor,subrecipient or subcontractor shall:no.t discriminate on the:basis of race,color,national origin,
or:sex.in the performance of this contract. The contractor shall carry outapplicable requirements of;49 CFR
part 26 in the award and administration of DOT-assisted contracts. Failure by the coritractor to carry out these.
requirements is a material breach of this contract,which may result in the termination of this contract or such : . .
other remedy as the recipient deems appropriate. :
Take necessary.and reasonable steps to.ensute that DBEs have opportunity to participate in the confract(49 CFR 26).
To ensure equal participation of DBEs provided in 49 CFR.26.5;the Agency shows a goal for DBEs.
Make work available to DBEs and select work parts.consistent with available DBE subcontractors:and suppliers.
Meet 4he DBE.goal shown elsewhere in.these special provisions or demonstrate.that you made adequate,good faith
efforts to meef this goaL
It is:your responsibility to verify that the DBE firm is certified as DBE at date of bid opening.Eor a:list of DBEs ceitified:
by:tlie California Unified Ceitification Program,go:fo: http://www:dot:ca: o� v q ep n certi ie . tm.
All DBE paiticipation will count towaid.the California Depaitrrient of Transportation's federally mandated statewide
ov,erall DBE goal:
Gredit for materials or supplies you purchase from DBEs counts towards the:goal in the following manner:
_
• 100'percent counts if the materials or supplies are obtained from a DBB manufacturer.
• 60 percenf counts if the materials or supplies are obtained from a:DBE regular dealer..,
• . Only.fees,commissions;and charges for assistance in the procurement and delivery of materials or
:
supplies:count if obtained fiom:a DBE that is neither:a'manufacturer nor regular:dealer. 49 CFR 26.55:
defines"manufacturer"and"regular dealer."
You.receive credit towards the goal if you employ,a DBE trucking company that performs a commercially useful
function as defined in 49 CFR 26.55(d)(1)through(4)and(6); : :
_
a.. DBE Commitment Submittal
Submit the Exhibit 15=G Gonstruction ContractDBE Commitment form,included in the Bid book. ;If the form is not =-
submitted with:ttie bid,remove.the foim from the Bid book liefore submitting your bid.: :
If the.DBE Commitment form is not subriutted with the bid;ttie apparent low bidder,the 2nd low.bidder,aud the 3r ow. .. �
_
bidder must complete and sulimit the DBE Commitment form to the Agency. DBE Commifinent forin must be received :: .
liy the Agency no later ttian 4:00 p.m,on the Stti calendar day after Bi opexung. .
_ .. . .
Other bidders do:not need to submiYttie,DBE Commitment:forni unless the Agency requests it. If the Agency requests
.
you:to submit a DBE Commitment form,submit the completed form within:5:calendar days_of the reguest.
Submit written confirmation from each DBE stating fhat it is participating in the contract. Include confirmation with the
DBE Commitment form. A copy of a:DBE's quote will serve as written confirmation that the DBE is participating in the
contract:
If yo.0 do not submif the DBE Commitment forrii within the specified time;ttie Agency will find your bid nonresponsive:
b. Good Edith Bfforts Submittal : :
If you have not met the DBE goal,complete and submit the DBE Informariom-Good Faith.Efforts;Exhibit 15-H,form
with:the bid showing that you made adequate gbod faith efforts to meet the goal. Only good faith:efforts directed
towards obtaining participation by DBEs will be considered. If good faith efforts documentafion'is not.submitted with
the bid,it must be received by the Agency no later than 4:00 p.m.on the Sth calendar day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or.if you are required to submit the DBE
Commitment form,you must also submit good.faith efforts documentarion within the specified time to protect your.
eligibility for award of the contract in the event the Agency finds.that the DBE goal has not been met. :
Page FR-2 of_23:
Janu.ary 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Good faith efforts documentation must include the following information and supporting documents,as necessary:
1. Items of work you have made available to DBE finns. Identify those items of work you might
otherwise perform with your own forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed,show the dollar value
and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to
meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the
items of work offered. Describe the methods used for following up initial solicitations to determine
with certainty if the DBEs were interested,and the dates of the follow-up. Attach supporting
documents such as copies of letters,memos,facsimiles sent,telephone logs,telephone billing
statements,and other evidence of solicitation. You are reminded to solicit certified DBEs through all
reasonable and available means and provide su�cient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include name,
address,and telephone number of each DBE that provided a quote and their price quote. If the fum
selected for the item is not a DBE,provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the project. Attach-
copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in contacting,
recruiting,and using DBE firms. If the agencies were contacted in writing,provide copies of
supporting documents. ��
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications,and requirements of the contract to assist them in responding to a solicitation. If you
have provided information,identify the name of the DBE assisted,the nature of the information
provided,and date of contact. Provide copies of supporting docutnents,as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding,lines of credit,insurance,
necessary equipment,supplies,and materials,excluding supplies and equipment that the DBE
subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is
provided by you,idenrify the name of the DBE assisted,nature of the assistance offered,and date
assistance was provided. Provide copies of supporting documents,as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The Agency may consider DBE comxnitments of the 2nd and 3rd bidders when determining whether the low bidder
made good faith efforts to meet the DBE goal.
c. Exhibit 15-G-Construction Contract DBE Commitment
Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless
of whether DBE participation is reported.
Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote
serves as written confirmation. If a DBE is participating as a joint venture partner,the Agency encourages you to submit
a copy of the joint venture agreement.)
d. Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors(DBE and Non-DBE)and E�chibit
15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each lst-tier subcontractor
Page FR-3 of 23
January 2018
Local Assistance Procedures Manual Ezhibit 12-G
Required Federal-Aid Contract Language
• Name and business address of each DBE subcontractor,DBE vendor,and DBE trucking
company,regardless of tier
• Date of payment and total amount paid to each business
If you are a DBE contractor,include the date of work performed by your own forces and the corresponding value of the
work.
Before the 15th of each month,submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work,the DBE must notify you in writing of the decertification date. If a
business becomes a certified DBE before completing its work,the business must notify you in writing of the certification
date. Submit the notifications. On work completion,complete a Disadvantaged Business Enterprises(DBE)
Certification Status Change,E�ibit 17-0,form. Submit the form within 30 days of contract acceptance.
Upon work completion,complete Exhibit 17-F Final Report—Utilization of Disadvantaged Business Enterprises(DBE),
First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold$10,000 until the
form is submitted. The Agency releases the withhold upon submission of the completed form.
e. Performahce of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment
form,included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain
materials from other sources without authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the
proj ect.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet
your bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors
License Law.
4. Listed DBE fails or refuses to perform the work or fumish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes banlaupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the
Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE
with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or
sources of materials should not occur. Your request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from you to the DBE regarding the request.
3. Notices from the DBEs to you regarding the request.
If a listed DBE is terminated or substituted,you must make good faith efforts to find another DBE to substitute for the
original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the
contract to the extent needed to meet the DBE goal.
Page FR-4 of 23
January 2018
Local Assistance Procedures Manual Eahibit 12-G
Required Federal-Aid Contract Language
The substitute DBE must be certified as a DBE at the time of request for substitution Unless the Agency authorizes(1)a
request to use other forces or sources of materials or(2)a good faith effort for a substitution of a ternunated DBE,the
Agency does not pay for work listed on the Exhibit 15-G Construction Contract DBE Commitment form unless it is
performed or supplied by the listed DBE or an authorized subsritute.
2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U.S.Department of Transportation(DOT)provides a toll-free hotline to report bid rigging
activities.Use the hotline to report bid rigging,bidder collusion,and other fraudulent activities.The hotline number is
(800)424-9071.The service is available 24 hours 7 days a week and is confidential and anonymous..The hotline is part
of the DOT's effort to idenrify and investigate highway construction contract fraud and abuse and is operated under the
direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract,the award is made to the lowest responsible and
responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance(Public
Contract Code§ 10164).
6. CHANGED CONDITIONS
_ a. Differing Site Conditions
1. During the progress of the work,if subsurface or latent physical conditions are encountered at the site
differing materially from those indicated in the contract or if unknown physical conditions of an unusual
nature,differing materially from those ordinarily encountered and generally recognized as inherent in the
work provided for in the contract,are encountered at the site,the party discovering such conditions shall
promptly notify the other party in writing of the specific differing conditions before the site is disturbed and
before the affected work is performed.
2. Upon written norificarion,the engineer will investigate the conditions,and if it is determined that the
conditions materially differ and cause an increase or decrease in the cost or time required for the
perfortnance of any work under the contract,an adjustment,excluding anticipated profits,will be made and
the contract modified in writing accordingly.The engineer will notify the contractor of the determination
whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has
provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work.(This
provision may be omitted by the Local Agency,at their option.)
b. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for
an unreasonable period of time(not originally anticipated,customary,or inherent to the construction
industry)and the contractor believes that additional compensation and/or contract time is due as a result of
such suspension or delay,the contractor shall submit to the engineer in writing a request for adjustment
within 7 calendar days of receipt of the notice to resume work.The request shall set forth the reasons and
support for such adjustment.
2. Upon receipt,the engineer will evaluate the contractor's request.If the engineer agrees that the cost and/or
time required for the performance of the contract has increased as a result of such suspension and the
suspension was caused by conditions beyond the control of and not the fault of the contractor,its suppliers,
or subcontractors at any approved tier,and not caused by weather,the engineer will make an adjustment
(excluding profit)and modify the contract in writing accordingly.The contractor will be notified of the
engineer's determinarion whether or not an adjustment of the contract is warranted:
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment
within the time prescribed.
Page FR-5 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
4. No contract adjustment will be allowed under this clause to the extent that performance would have been
suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any
other term or condition of this contract.
c. Significant Changes in the Character of Work
1. The engineer reserves the right to make,in writing,at any time during the work,such changes in quantities
and such alterations in the work as are necessary to satisfactorily complete the project.Such changes in
quantities and alterations shall not invalidate the contract nor release the surety,and the contractor agrees to
perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract,
whether such alterations or changes aze in themselves significant changes to the character of the work or by
affecting other work cause such other work to become significantly different in character,an adjustment,
excluding anticipated profit,will be made to the contract.The basis for the adjustment shall be agreed upon
prior to the performance of the work.If a basis cannot be agreed upon,then an adjustment will be made
either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be
performed under the contract,the altered work will be paid for as provided elsewhere in the contract.
4. The term"significant change"shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or
included in the original proposed construction;or
• When a major item of worlc,as defined elsewhere in the contract,is increased in excess of 125 percent
or decreased below 75 percent of the original contract quantity.Any allowance for an increase in
quantity shall apply only to that portion in excess of 125 percent of original contract item quantity,or
in case of a decrease below 75 percent,to the actual amount of work performed.
7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of TEN(10)WORKING DAYS beginning
on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Orange the sum of$750.00 per day,for each and every calendar days'delay in
finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated inta the work with certificates of compliance and
certified mill test reports.Mill test reports must indicate where the steel and iron were melted and
manufactured.Steel and iron materials must be produced in the U.S.except:
1. Foreign pig iron and processed,pelletized,and reduced iron ore may be used in the domestic
production of the steel and iron materials[60 Fed Reg 15478(03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or
$2,500,materials produced outside the U.S.may be used.
Production includes:
1. Processing steel and iron materials,including smelting or other processes that alter the physical form
or shape(such as rolling,extruding,machining,bending,grinding,and drilling)or chemical
composition;
2. Coating application,including epoxy coating,galvanizing,and painting,that protects or enhances the
value of steel and iron materials.
9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program(QAP)to ensure a material is produced to comply with the Contract.
Page FR-6 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
You may examine the records and reports of tests the Agency performs if they are available at the j ob site.
Schedule work to allow time for QAP.
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of
portions,as determined by the agency,of the contract work,and pay retainage to the prime contractor based on these
acceptances. The prime contractor,or subcontractor,shall return all monies withheld in retention from a subcontractor
within 30 days after receiving payment for work satisfactorily completed and accepted including incremental
acceptances of portions of the contract work by the agency. Federal law(49CFR26.29)requires that any delay or
postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval.
Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties,sanctions
and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual,administrative,or judicial remedies otherwise available to the prime
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor,
deficient subcontract performance,or noncompliance by a subcontractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
(Excluding ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS)
[The following 10 pages must be physically inserted into the contract without modification.]
Page FR-7 of 23
, January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General II. NONDISCRIMINATION
II. Nondiscrimination
III. No segregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable
IV. Davis-Bacon and Related Act Provisions to all Federal-aid construction contracts and to all related construction
V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more. The provisions of 23 CFR Part 230
VI. Subletting or Assigning the Contract are not applicable to material supply,engineering,or architectural
VII. Safety:Accident Prevention service contracts.
VIII. False Statements Conceming Highway Projects In addition,the contractor and all subcontractors must comply with the
IX. Implementation of Clean Air Act and Federal Water Pollution following policies:Executive Order 11246,41 CFR 60,29 CFR 1625-
Control Act 1627,Title 23 USC Section 140,the Rehabilitation Act of 1973,as
X. Compliance with Government wide Suspension and Debarment amended(29 USC 794),Title VI of the Civil Rights Act of 1964,as
Requirements amended,and related regulations including 49 CFR Parts 21,26 and
XI. Certification Regarding Use of Contract Funds for Lobbying Z7�and 23 CFR Parts 200,230,and 633.
ATTACHMENTS The contractor and all subcontractors must comply with: the
A.Employment and Materiais Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding$10,000,the Standard Federal
(included in Appalachian contracts only) Equal Employment Opportunity Canstruction Contract Spec�cations in
41 CFR 60-4.3.
I. GENERAL Note:The U.S.Department of Labor has exclusive authority to '
determine compliance with Executive Order 11246 and the policies of
1.Form FHWA-1273 must be physically incorporated in each the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627.
construction contract funded under Title 23(excluding emergency The contracting agency and the FHWA have the authority and the
contracts solely intended for debris removal). The contractor(or responsibility to ensure compliance with Title 23 USC Section 140,the
subcontractor)must insert this form in each subcontract and further Rehabilitation Act of 1973,as amended(29 USC 794);and Title VI of
require its inclusion in all lower tier subcontracts(excluding purchase the Civil Rights Act of 1964,as amended,and related regulations
orders,rental agreements and other agreements for supplies or including 49 CFR PaRs 21,26 and 27;and 23 CFR Parts 200,230,and
services). 633.
The applicable requirements of Form FHWA-1273 are incorporated by The following provision is adopted from 23 CFR 230,Appendix A,with
reference for work done under any purchase order,rental agreement or appropriate revisions to conform to the U.S.Department of Labor(US
agreement for other services. The prime contractor shall be responsibie DOL)and FHWA requirements.
for compliance by any subcontractor,lower-tier subcontractor or service
provider. 1.E ual Em lo ment O ortuni E ual em lo ent o ortuni
Q P Y PP h/� Q P Y�►� PP tY
Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to take affirmative action to
contracts,in all subcontracts and in lower tier subcontracts(excluding assure equal opportunity as set forth under laws,executive orders,
subcontracts for design services,purchase orders,rental agreements rules,regulations(28 CFR 35,29 CFR 1630,29 CFR 1625-1627,41
and other agreements for supplies or services). The design-builder shall CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as
be responsible for compliance by any subcontractor,lower-tier modified by the provisions prescribed herein,and imposed pursuant to
subcontractor or service provider. 23 U.S.C.140 shall constitute the EEO and specific affirtnative action
standards for the contractor's project activities under this contract.The
Contracting agencies may reference Form FHWA-1273 in bid proposal provisions of the Americans with Disabilities Act of 1990(42 U.S.C.
or request for proposal documents,however,the Fortn FHWA-1273 12101 et seq.)set foRh under 28 CFR 35 and 29 CFR 1630 are
must be physically incorporated(not referenced)in all contracts, incorporated by reference in this contract.In the execution of this
subcontracts and lower-tier subcontracts(excluding purchase orders, contract,the contractor agrees to comply with the following minimum
rental agreements and other agreements for supplies or services related spec�c requirement activities of EEO:
to a construction contract).
a.The contractor will work with the contracting agency and the Federal
2.Subject to the applicability criteria noted in the following sections, Govemment to ensure that it has made every good faith effort to
these contract provisions shall apply to all work perfortned on the provide equal opportunity with respect to all of its terms and
contract by the contractors own organization and with the assistance conditions of employment and in their review of activities under the
of workers under the contractor's immediate superintendence and to contract.
all work performed on the contract by piecework,station work,or by
subcontract. b.The contractor will accept as its operating policy the following
statement:
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding af "It is the policy of this Company to assure that applicants are employed,
progress payments,withholding of final payment,tertnination of the and that emplayees are treated during employment,without regard to
contract,suspension/debarment or any other action detertnined to their race,religion,sex,color,nationai origin,age ar disability. Such
be appropriate by the contracting agency and FHWA. action shall include:employment,upgrading,demotion,ar transfer;
recruitment or recruitment advertising;layoff or tertnination;rates of pay
4.Selection of Labor.During the performance of this contract,the or other fortns of compensation;and selection for training,including
contractor shali not use convict labor for any purpose within the limits apprenticeship,pre-apprenticeship,and/or on-the job training."
of a construction project on a Federal-aid highway unless it is labor
- performed by convicts who are on parole,supervised release,or - -
probation. The tertn Federal-aid highway does not include roadways
functionaliy classified as local roads or rural minor collectors.
Page FR-8 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1,2012
2.EEO Officer:The contractor will designate and make known to
the contracting officers and EEO Officer who will have the c.The contractor will encourage its present employees to refer
responsibility for and must be capable of effectively administering minorities and women as applicants for employment.
and promoting and active EEO program and who must be assigned Information and procedures with regard to referring such
adequate authority and responsibility to do so. applicants will be discussed with employees.
5.Personnel Actions:Wages,working conditions,and employee
3. Dlssemination of Policy:All members of the contractor's staff benefits shall be established and administered,and personnel
who are authorized to hire,supervise,promote,and discharge actions of every type,including hiring,upgrading,promotion,
employees,or who recommend such action,or who are transfer,demotion,layoff,and termination,shall be taken without
substantially involved in such action,will be made fully cognizant of, regard to race,color,religion,sex,national origin,age or disability.
and will implement,the contractor's EEO policy and contractual The following procedures shall be followed:
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met,the a.The contractor will conduct periodic inspections of project sites to
following actions will be taken as a minimum: insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then b.The contractor will periodically evaluate the spread of wages paid
not less often than once every six months,at which time the within each classification to determine any evidence of
contractor's EEO policy and its implementation will be reviewed discriminatory wage practices.
and explained. The meetings will be conducted by the EEO
Officer. c.The contractor will periodically review selected personnel actions
b.All new supervisory or personnel office employees will be given in depth to determine whether there is evidence of discrimination.
, a thorough indoctrination by the EEO Officer,covering all major Where evidence is found,the contractor will promptly take
aspects of the contractor's EEo obligations within thirty days corrective action. If the review indicates that the discrimination
following their reporting for duty with the contractor. may extend beyond the actions reviewed,such corrective action
shall include all affected persons.
c.All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's d.The contractor will promptly investigate all complaints of alleged
procedures for locating and hiring minorities and women. discrimination made to the contractor in connection with its
obligations under this contract,will attempt to resolve such
d. Notices and posters setting forth the contractors EEO policy will complaints,and will take appropriate corrective action within a
be placed in areas readily accessible to employees,applicants reasonable time. If the investigation indicates that the
for employment and potential employees. discrimination may affect persons other than the complainant,
e.The contractors EEO policy and the procedures to implement such corrective action shall include such other persons. Upon
such policy will be brought to the attention of employees by completion of each investigation,the contractor will inform every
means of ineetings,employee handbooks,or other appropriate complainant of all of their avenues of appeal.
means.
6.Tra(ning and Promotlon:
4.Recruitment:When advertising for employees,the contractor a.The contractor will assist in locating,qualifying,and increasing
will include in all advertisements for employees the notation:"An the skills of minorities and women who are applicants for
Equal Opportunity Empioyer." All such advertisements will be employment or current employees. Such efforts should be aimed
placed in publications having a large circulation among minorities at developing full joumey level status employees in the type of
and women in the area from which the project work force would trade or job classification involved.
normally be derived.
a.The contractor will,unless precluded by a valid bargaining b. Consistent with the contractor's work force requirements and as
agreement,conduct systematic and direct recruitment through Permissible under Federal and State regulations,the contractor
shall make full use of training programs,i.e.,apprenticeship,and
public and private employee referral sources likely to yield on-the-job training programs for the geographical area of contract
qualified minorities and women. To meet this requirement,the performance. In the event a special provision for training is
contractor will identify sources of potential minority group provided under this contract,this subparagraph will be
employees,and establish with such identified sources superseded as indicated in the special provision. The contracting
procedures whereby minority and women applicants may be agency may reserve training positions for persons who receive
referred to the contractor for employment consideration. welfare assistance in accordance with 23 U.S.C.140(a).
b.In the event the contractor has a valid bargaining agreement c.The contractor will advise employees and applicants for
providing for exclusive hiring hall referrals,the contractor is employment of available training programs and entrance
expected to observe the provisions of that agreement to the requirements for each.
extent that the system meets the contractor's compliance with
EEO contract pravisions. Where implementation of such an d.The contractor will periodically review the training and promotion
agreement has the effect of discriminating against minorities or potential of employees who are minorities and women and will
women,or obligates the contractor to do the same,such encourage eligible employees to apply for such training and
implementation violates Federal nondiscrimination provisions. promotion.
Page FR-9 of 23
January 2018
_
Local Assistance�Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-=•Revised May 1,2012 : .
7.Unions:If the contractor relies in whole or.in part upon unions as 10:Assurance Required by 49'CFR 26.13(b):
a source of employees,the contractor will use good faith efforts to.
.... . . .
obtain.the cooperation of such unions to increase opportunities:for a.The requirements of 49 CFR Pait 26 and the State DOT's U.S.
, minorities and women. Actions by the contractor,either directly or DOT-aPp[oyed;DBE program are incorporated by reference.
th�ough:a contractor's associatiori acting as agent,will include:tFie
procedures set forth tielbw:
b:The:contractor or subcontractor.shall not discrimfnate an the
tiasis of race,color,national origin,or sex in the perforinance of
a.The.confractor will use.good faith efforts to develop,in. ... . fhis contract..The.cantrsctor shall carry out.applicable
cooperation with the unions,:joint training programs aimed : requirements of.49 CFR Pa�t 26 irt the.award and administration ..
towsrd qualifying more minorities and women for.membership of DOT-assisted contracts. Failure by the contractor to carry.out:
in the unions and.increasing the skills af minorities and women these requirements is a material breach of this contract;which
.. ..
so that they.maygualify for higher paying employment. may result in the termination.of this contract or such:other remedy
as eem
the contracting agency d s appropriate,
' b..The contractor will use goad faith efforts to incorporate an.EEO ' �
': clause into each union ag�e@me.nt to the end that such union 11.Records:and Reports:The contractor sh�ll keep such records: , :'
' will be contractually bound to refer,applicants withdut rega�d to as necessary to document compliance with"tfie EEO requirements.
their rece,colo�;[eligion,sex,national origin,age or disability: Sucli.records shall be'retained:for a period of three years:following
the date of the final payment to tfie contractor for ali.cont�act work
c.The contractor is to obfain irif6Rnatian as to the referral : : :: and shall tie adailable at reasonable Simes'and:places for inspection
p�actices and policies of:4lie labor union except ttiat to the:: by authorized representatives of the oorifracting agency and the :
ezterit such infortnation is within the.exclusive possessian of FHWA.
the labor union:and such labor union refuses to fumish such
information to ttie contractor,the contractor shall so certify to. a. The records kept by the:contractor shall documen4 the following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority:and non-minority group:
: . : .
_ memtiers and women employed'in each work classifcation on
.....
d.In the event.the union is unable to provide:the,contractor with a the project;
reasonabie flow qf:referrals within the:time limit set forth in the. :
collective bargaining agreement,the contracto�will,through (2)The progress and efforts tieing made in.cooperation with
ind'ependent recruitrrient efforts,fill the employrtient vacancies unians,when:applicable,to increase ertiployment opportunities : :: .
without regard to race,color,;religion,sex,natianal.origin,:age for minarities and women;and
or disability;making full efforts to obtain qualified and/or
. ..
qualifialile minorities and women. The.failure:of a union to (3)7tie progress and effor#s tieing made in locating,fiiririg,t�aining,
prouide sufficien4 referrals(even though it is abligated.to . .. qualifying,and upgrading minorities and women:
provide exclusive referrals underthe terms of a collective: =
bargaining agreement)does:not relieve the contrac4or-from:the b.The contractors and subcontractors:will submit an annual report:.. :
requirements'ofthis paragraph. In the event the union referral to the contracting agencyeach July for the duration of the
practice prevents:the contractorfrom meeting:the obligations project,indicating the nGmberof minority,women,:and non-
ursuant to'Executive Order 11246;as amended,and these minori rou. em lo ees curtentl en. a ed in each wark
P .... tY9 ..P....P Y Y 9 .9... �
special provisions,such contractor shall immediately notify khe classification:required by the coritract.work.: This infortnation is,_. : ;';
_
conf[acting agency. _.. to be.repoitecl on Form FHWA-1391;:The staffing data should
represent the p�oject work.faroe on board in all or any part of the
8. Reasona6le Accommodation for licants/Em lo ees lasf a roll eriod �recedin' tHe end of Jul . If on-the-'b6
APP P Y P Y P P 9 Y )
with Dlsabilities: The contractor must be familiar with the training is being required tiy:§pecial provision;the'coritractor will
requirements for and comply with the Americans with Disabilities. be required to collect and report:trainirig data. The employment
Acf and ail rules and regulations established there under.: data should reflect the wark force on board.during all or any part
Employers must provide reasonable accommodation'in all of.the last payroll period preceding fhe end of July. .. . .
employment activities unless to do so would.cause an undue
hardship.
III.:NONSEGREGATED FACILITIES
9._Selection of Subcontractors,Procurement of Materials and This provision is;applicable to all Federal=aid construction contracts
:. . .
_ ....
Leasing of Eguipment;The contrector shall,not.discriminate on and to.all related constructio.n subcontracts of$10,000 or more:
the grounds qf race;color,religion,sex;national;origin,age or
disability in the sel.ection and retention of su4cont�actors,including., :;The contractor must ensu�e tliat facilities provided.fo�:employees
procu[ement of materials and leases of equipment. The contractor are p�ovided in such a manne�that segregatiomon the basis of.
:
shalFtake all necessary and reasanable steps to ensu�e. : :: . rece,color,religion,sex,or nationaf origin cannbt result. The
nondiscrimination in the administration of this contract. . contractor rtiay rieither require such segregated.use by written or.
oral policies nortolerate such:use.by employee custom. The.
a.The contractor shall notify all potential subcontractors and contractor's obligation extends further to ensure that its employees
suppliers and lessars of their EEO.obliga4ions under.this.contcact. are not assigned to perForin their services at any loce4ion;under the . . ...
contractor's control,:where the facilities are segregated. The tertn .
b.The contractor will use good faith effoRs to ensure subcontractor "facilities"includes waiting rooms,work areas;restaurants and--
compliance with their EEO obligations, othereating areas,time clocks;:restrooms,washrooms,locker
: . :
• rooms,and other storage:or dressing areas,parking lots,;drinking
- fountains,recreation.or entertainment areas,transportatian;and
housing provided for employees. The contractor shall provide :
separate,or si�gle-user restrooms and necessary dressing or ..
t een sexe .. .
sleeping areas o assure privacy:betw s..
Page FR-10 of.23: ::
018
Janu.ary 2...
Local Assistance Procedures Manual Eahibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1,2012
IV. DAVIS-BACON AND RELATEO ACT PROVISIONS (i)The work to be perFortned by the classification requested is not
performed by a classification in the wage determination;and
This section is applicable to all Federal-aid construction projects
exceeding$2,000 and to all related subcontracts and lower-tier ��i)The classification is utilized in the area by the construction
subcontracts(regardless of subcontract size). The requirements industry;and
apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
roadways functionally classified as local raads or rural minor (iii)The proposed wage rate,including any bona fide fringe benefits,
collectors,which are exempt. Cantracting agencies may elect to bears a reasonable relationship to the wage rates contained in
apply these requirements to other projects. the wage determination.
The following provisions are from the U.S.Department of Labor (2)If the contractor and the laborers and mechanics to be
regulations in 29 CFR 5.5"Contract provisions and related matters" employed in the classification(if known),or their
with minor revisions to confortn to the FHWA-1273 fortnat and representatives,and the contracting officer agree on the
FHWA program requirements. classification and wage rate(including the amount designated
for fringe benefits where appropriate),a report of the action
1. Minimum wages taken shall be sent by the contracting officer to the Administrator
of the Wage and Hour Division,Employment Standards
Administration,U.S.Department of Labor,Washington,DC
a. All laborers and mechanics employed or working upon the site 20210.The Administrator,or an authorized representative,will
of the work,will be paid unconditionally and not less often than approve,modify,or disapprove every additional classification
once a week,and without subsequent deduction or rebate on any action within 30 days of receipt and so advise the cantracting
account(except such payroll deductions as are permitted by officer or wiil notify the contracting officer within the 30-day
regulations issued by the Secretary of Labor under the Copeland period that additional time is necessary.
Act(29 CFR part 3)),the full amount of wages and bona fide fringe
benefits(or cash equivalents thereo�due at time of payment �3)In the event the contractor,the laborers or mechanics to be
computed at rates not less than those contained in the wage employed in the classification or their representatives,and the
determination of the Secretary of Labor which is attached hereto contracting officer do not agree on the proposed classification
and made a part hereof,regardless of any contractuai relationship and wage rate(including the amount designated for fringe
which may be alleged to exist between the contractor and such benefits,where appropriate),the contracting officer shall refer
laborers and mechanics. the questions,including the views of all interested parties and
the recommendatian of the contracting afficer,to the Wage and _
Contributions made or costs reasonably anticipated for bona fide Hour Administrator for determination.The Wage and Hour
fringe benefits under sectian 1(b)(2)of the Davis-Bacon Act on Administrator,or an authorized representative,will issue a
behalf of laborers or mechanics are considered wages paid to such determination within 30 days of receipt and so advise the
laborers or mechanics,subject to the provisions of paragraph 1.d. contracting officer or will notify the contracting officer within the
of this section;also,regular contributions made or costs incurred for 30-day period that additionai time is necessary.
more than a weekly period(but not less often than quarterly)under
plans,funds,or programs which cover the particular weekly period, �4)The wage rate(including fringe benefits where appropriate)
are deemed to be canstrucGvely made or incurred during such determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this
weekly period.Such laborers and mechanics shall be paid the section,shall be paid to all workers performing work in the
appropriate wage rate and fringe benefits on the wage classification under this contract from the first day on which work
determination for the classification of work actually performed, is pertormed in the classification.
without regard to skill,except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics perForming work in more than one
classification may be compensated at the rate specified for each c.Whenever the minimum wage rate prescribed in the contract for
classification for the time actually worked therein:Provided,That a class of laborers or mechanics includes a fringe benefit which
the employer's payrall records accurately set forth the time spent in is not expressed as an hourly rate,the contractor shall either
each classification in which work is performed.The wage pay the benefit as stated in the wage determination or shall pay
determination(including any additional classification and wage another bona fide fringe benefit or an hourly cash equivalent
rates conformed under paragraph 1.b.of this section)and the thereof.
Davis-Bacon poster(WH-1321)shall be posted at all times by the
contractor and its subcontractors at the site of the work in a d.If the cantractor does not make payments to a trustee or other
prominent and accessible place where it can be easily seen by the third person,the contractor may consider as part of the wages of
workers. any laborer or mechanic the amount of any costs reasonably
anticipated in providing bana fide finge benefits under a plan or
b. (1)The contracting afficer shall require that any class of program,Provided,That the Secretary of Labor has found,upan the
laborers or mechanics,including helpers,which is not listed in the written request of the contractor,that the applicable standards of
wage determination and which is to be employed under the contract the Davis-Bacon Act have been met.The Secretary of Labor may
shall be classified in conformance with the wage determination.The require the contractar to set aside in a separate account assets for
contracting officer shall approve an additional classification and the meeting of obligations under the plan or program.
wage rate and fringe benefits therefore only when the following
criteria have been met: - "
� Page FR-11 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1,2012
2. Withholding
current address of each covered worker,and shall provide them
The contracting agency shall upon its own action or upon written upon request to the contracting agency for transmission to the
request of an authorized representative of the Department of Labor, State DOT,the FHWA or the Wage and Hour Division of the
withhold or cause to be withheld from the contractor under this Department of Labor for purposes of an investigation or audit of
contract,or any other Federal contract with the same prime compliance with prevailing wage requirements.it is not a violation
of this section for a prime contractor to require a subcontractor to
contractor,or any other federally-assisted contract subject to Davis- provide addresses and social security numbers to the prime
Bacon prevailing wage requirements,which is held by the same contractor for its own records,without weekly submission to the
prime contractor,so much of the accrued payments or advances as contracting agency.
may be considered necessary to pay laborers and mechanics,
including apprentices,trainees,and helpers,employed by the
contractor or any subcontractor the full amount of wages required (2) Each payroll submitted shali be accompanied by a"Statement
by the contract. In the event of failure to pay any laborer ar of Campliance,"signed by the contractor ar subcontractor or his
mechanic,including any apprentice,trainee,or helper,employed or or her agent who pays or supervises the payment of the
working on the site of the work,all or part of the wages required by persons employed under the contract and shall certify the
the contract,the contracting agency may,after written notice to the following:
contractor,take such action as may be necessary to cause the
suspension of any further payment,advance,or guarantee of funds �i)That the payroll for the payroll period contains the information
until such violations have ceased. required to be provided under§5.5(a)(3)(ii)of Regulations,29
CFR part 5,the appropriate information is being maintained
3. Payrolls and basic records under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such
information is correct and complete;
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a (ii)That each laborer or mechanic(including each helper,
period of three years thereafter for all laborers and mechanics apprentice,and trainee)employed on the contract during the
working at the site of the work.Such records shall contain the payroll period has been paid the full weekly wages earned,
name,address,and sacial security number of each such worker, without rebate,either directly or indirectly,and that no
his or her correct classification,hourly rates of wages paid deductions have been made either directly or indirectly from the
(including rates of contributions or costs anticipated for bona fide full wages eamed,other than permissible deductions as set
fringe benefits or cash equivalents thereof of the types described in forth in Regulations,29 CFR part 3;
section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly
number of hours worked,deductians made and actual wages paid. (iii)That each laborer or mechanic has been paid not less than the
Whenever the Secretary of Labor has found under 29 CFR applicable wage rates and fringe benefits or cash equivalents
5.5(a)(1)(iv)that the wages of any laborer or mechanic include the for the classification of work pertormed,as specified in the
amount of any costs reasonably anticipated in providing benefits applicable wage determinatian incorporated into the contract.
under a plan or program described in section 1(b)(2)(B)of the
Davis-Bacon Act,the contractor shall maintain recards which show
that the commitment to provide such benefits is enforceable,that (3)The weekly submission of a properly executed certification set
the plan or program is financially respansible,and that the plan or forth on the reverse side of Optional Form WH-347 shall
program has been communicated in writing to the laborers or satisfy the requirement for submission of the"Statement of
mechanics affected,and records which show the costs anticipated Compliance"required by paragraph 3.b.(2)of this section.
or the actual cost incurred in providing such benefits.Contractors
employing apprentices or trainees under approved programs shall (4)The falsification of any of the above certifications may subject
maintain written evidence af the registration of apprenticeship the contractor or subcontractor to civil or criminal prosecution
programs and certification of trainee programs,the registration of under section 1001 of title 1 S and section 231 of title 31 of the
the apprentices and trainees,and the ratios and wage rates United States Code.
prescribed in the applicable programs.
b. (1)The contractor shall submit weekly for each week in which c.The contractor or subcontractor shall make the records
any contract work is performed a copy of all payrolls to the required under paragraph 3.a.of this section available for
contracting agency. The payrolls submitted shall set out accurately �nspection,copying,or transcription by authorized
and completely all of the infortnation required to be maintained representatives of the contracting agency,the State DOT,the
under 29 CFR 5.5(a)(3)(i),except that full social security numbers FHWA, or the Department of Labor,and shall permit such
and home addresses shall not be included on weekly transmittals. representatives to interview employees during working hours
Instead the payrolls shall only need to include an individually on the job.If the contractor or subcontractor fails to submit the
identifying number for each employee(e.g.,the last four digits of required records or to make them available,the FHWA may,
the employee's social security number).The required weekly payroll after written notice to the contractor,the contracting agency or
information may be submitted in any form desired.Optianal Form the State DOT,take such action as may be necessary to
WH-347 is available for this purpose from the Wage and Hour �use the suspension of any further payment,advance,or
Division Web site at guarantee of funds.Furthertnore,failure to submit the required
http://www.dol.gov/esa/whd/forms/wh347instr.htrn or its successor records upon request or ta make such records available may
site.The prime contractor is responsible for the submission of be grounds for debarment action pursuant to 29 CFR 5.12.
copies of payrolls by all subcontractors.Contractors and _
subcontractors shall maintain the full social security number and
Page FR-12 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
� FHWA-1273-- Revised May 1,2012
4. Apprentices and trainees The ratia of trainees to joumeymen on the job site shall not be
greater than permitted under the plan approved by the Employment
a.Apprentices(programs of the USDOL). and Training Administration.
Apprentices will be permitted to work at less than the predetermined Every trainee must be paid at not less than the rate specified in the
rate for the work they performed when they are employed pursuant approved program for the trainee's level of progress,expressed as
to and individually registered in a bona fide apprenticeship program a percentage of the journeyman hourly rate specified in the
registered with the U.S.Department of Labor,Employment and applicable wage determination.Trainees shall be paid fringe
Training Administration,Office of Apprenticeship Training,Employer benefits in accordance with the provisions of the trainee program.If
and Labor Services,or with a State Apprenticeship Agency the trainee program does not mention fringe benefits,trainees shall
recognized by the Office,or if a person is employed in his or her be paid the full amount of fringe benefits listed on the wage
first 90 days of probationary employment as an apprentice in such determination unless the Administrator of the Wage and Hour
an apprenticeship program,who is not individually registered in the Division determines that there is an apprenticeship program
program,but who has been certified by the Office of Apprenticeship associated with the corresponding joumeyman wage rate on the
Training,Employer and Labor Services or a State Apprenticeship Wage determination which provides for less than full fringe benefits
Agency(where appropriate)to be eligible for probationary for apprentices.Any employee listed on the payroll at a trainee rate
employment as an apprentice. who is not registered and participating in a training plan approved
by the Emplayment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination far
The allowable ratio of apprentices to joumeymen on the job site in the classification of work actually pertormed.In addition,any trainee
any craft classification shall not be greater than the ratio permitted performing work on the job site in excess of the ratio permitted
to the contractor as to the entire work force under the registered under the registered program shall be paid not less than the
program.Any worker listed on a payroll at an apprentice wage rate, applicable wage rate on the wage determination for the wark
who is not registered or otherwise employed as stated above,shall actually pertortned.
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.In In the event the Employment and Training Administration withdraws
addition,any apprentice perForming work on the job site in excess approval of a training program,the contractor will no longer be
of the ratio permitted under the registered program shall be paid not Permitted to utilize trainees at less than the applicable
less than the applicable wage rate an the wage determination for predetermined rate for the work perFarmed until an acceptable
the work actually perfartned.Where a contractor is perFortning program is approved.
construction on a project in a locality other than that in which its
program is registered,the ratios and wage rates(expressed in
percentages of the joumeyman's hourly rate)specified in the c.Equal employment opportunity.The utilization af apprentices,
contractors or subcontractor's registered program shall be trainees and joumeymen under this part shall be in confarmity
observed. with the equal employment opportunity requirements of Executive
Order 11246,as amended,and 29 CFR part 30.
Every apprentice must be paid at not less than the rate specfied in
the registered program for the apprentice's level of progress, d.Apprentices and Trainees(programs of the U.S.DOT).
expressed as a percentage of the joumeymen houriy rate specified
in the applicable wage determination.Apprentices shall be paid Apprentices and trainees working under apprenticeship and skill
fringe benefits in accordance with the provisions of the training programs which have been certified by the Secretary of
apprenticeship program.If the apprenticeship program does not Transportation as promoting EEO in connection with Federal-aid
specify fringe benefits,apprentices must be paid the full amount of highway construction programs are not subject to the requirements
fringe benefits listed on the wage determination for the applicable of paragraph 4 of this Section IV.The straight time hourly wage
classification.If the Administrator determines that a different rates for apprentices and trainees under such programs will be
practice prevails for the applicable apprentice classification,fringes established by the particular programs.The ratio of apprentices and
shall be paid in accordance with that detertnination. trainees to joumeymen shall not be greater than permitted by the
tertns of the particular program.
In the event the Office of Apprenticeship Training,Employer and �
Labor Services,or a State Apprenticeship Agency recognized by 5.Compliance with Copeland Act requirements. The contractor
the Office,withdraws approval of an apprenticeship program,the shall comply with the requirements of 29 CFR part 3,which are
contractor will no longer be permitted to utilize apprentices at less incorporated by reference in this contract.
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
6.Subcontracts. The contractor or subcontractor shall insert
b.Trainees(programs of the USDOL). Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Fortn FHWA-1273 in any lower tier
subcontracts.The prime contractor shall be responsible for the
Except as provided in 29 CFR 5.16,trainees will not be permitted to compliance by any subcontractar or lower tier subcontractor with all
work at less than the predetermined rate for the work pertormed the contract clauses in 29 CFR 5.5.
unless they are employed pursuant ta and individually registered in
� a program which has received prior approval,evidenced by fortnal �,Contract termination:debarment. A breach of the contr.act
certification by the U.S.Department of Labor,Employment and clauses in 29 CFR 5.5 may be grounds for termination of the
Training Administration. contract,and for debarment as a contractor and a subcontractar as
provided in 29 CFR 5.12.
Page FR-13 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
8.Complfance with Davis-Bacon and Related Act requlrements. 3.Withholding for unpald wages and liquidated damages.The
All rulings and interpretations of the Davis-Bacon and Related Acts FHWA or the contacting agency shall upon its own action or upon
contained in 29 CFR parts 1,3,and 5 are herein incorporated by written request of an authorized representative of the Department of
reference in this contract. Labor withhold or cause to be withheld,from any moneys payable
on account of work pertormed by the contractor or subcontractor
9.Disputes concerning labor standards.Disputes arising out of under any such contract or any other Federal contract with the
the labor standards provisions of this contract shall not be subject to same prime contractor,or any other federally-assisted contract
the general disputes clause of this contract.Such disputes shall be subject to the Contract Work Hours and Safety Standards Act,
resolved in accordance with the procedures of the Department of which is held by the same prime contractor,such sums as may be
Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the determined to be necessary to satisfy any liabilities of such
meaning of this clause include disputes between the contractor(or contractor or subcontractor for unpaid wages and liquidated
any of its subcontractors)and the contracting agency,the U.S. damages as pravided in the clause set forth in paragraph(2.)of this
Department of Labor,or the employees or their representatives. section.
10.Certlflcation of ellglbility. 4.Subcontracts. The contractor or subcontractor shail insert in
any subcontracts the clauses set forth in paragraph(1.)through(4.)
of this section and also a clause requiring the subcontractors to
a.By entering into this contract,the contractor certifies that neither include these clauses in any lower tier subcontracts.The prime
it(nor he or she)nor any person or firm who has an interest in the contractor shall be responsible for compliance by any subcontractor
contractor's firm is a persan ar firm ineligible to be awarded or lower tier subcontractor with the clauses set forth in paragraphs
Government contracts by virtue of section 3(a)of the Davis- (1.)through(4.)of this section.
Bacon Act or 29 CFR 5.12(a)(1).
b.No part of this contract shall be subcontracted to any person ar VI.SUBLETTING OR ASSIGNING THE CONTRACT
firm ineligible for award of a Govemment contract by virtue of
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
c.The penalty for making false statements is prescribed in the U.S. 1.The contractor shall perform with its own organization contract
Criminal Code,18 U.S.C.1001. work amounting to not less than 30 percent(or a greater
percentage if specified elsewhere in the contract)of the total
V. CONTRACT WORK HOURS AND SAFEiY STANDARDS original contract price,excluding any specialty items designated
ACT by the contracting agency. Specialty items may be perfarmed
by subcontract and the amount of any such specialty items
The following clauses apply to�any Federal-aid constructian contract Performed may be deducted from the tatal original contract price
in an amount in excess of$100,000 and subject to the overtime before computing the amount of work required to be performed
provisions of the Contract Work Hours and Safety Standards Act. by the contractors own organization(23 CFR 635.116).
These clauses shall be inserted in addition to the clauses required a. The term"pertorm work with its own organization"refers to
by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the workers employed or leased by the prime contractor,and
terms laborers and mechanics include watchmen and guards. equipment owned or rented by the prime contractor,with or
without operators. Such term does not include employees or
1.Overtlme requirements. No contractor or subcontractor equipment of a subcontractor or lower tier subcontractor,
contracting for any part of the contract work which may require or agents of the prime contractor,or any ather assignees. The
involve the employment of laborers or mechanics shall require or term may include payments for the costs of hiring leased
permit any such laborer or mechanic in any workweek in which he employees fram an employee leasing firm meeting all relevant
or she is employed an such work to work in excess of forty hours in Federal and State regulatary requirements. Leased
such workweek unless such laborer or mechanic receives employees may only be included in this tertn if the prime
compensation at a rate nat less than one and one-half times the contractor meets all of the following conditians:
basic rate of pay for all hours worked in excess of forty hours in
such workweek. (1)the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
(2)the prime contractor remains responsible for the quality of the
2.Violation;liability for unpaid wages;liquidated damages. In work of the leased employees;
the event of any violation of the clause set forth in paragraph(1.)of �3)the prime contractor retains all power to accept or exclude
this section,the contractor and any subcontractor responsible individual employees from work on the project;and
therefor shall be liable for the unpaid wages.In addition,such (4)the prime contractor remains ultimately responsible for the
contractor and subcontractar shall be liable to the United States(in payment of predetermined minimum wages,the submission of
the case of work done under contract for the District of Columbia or Payralls,statements of compliance and all other Federal
a territory,to such District or to such territory),for liquidated regulatory requirements.
damages.Such liquidated damages shall be computed with respect
to each individual laborer or mechanic,including watchmen and b."Specialty Items"shall be construed to be limited to work that
guards,employed in violation of the clause set forth in paragraph requires highly specialized knowledge,abilities,or equipment
� not ordinarily available in the type of contracting organizations �
qualified and expected to bid or propose on the contract as a
whale and in general are to be limited to minor camponents of
the overall contract.
� Page FR-14 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1,2012
(1.)of this section,in the sum of$10 for each calendar day on which In order to assure high quality and durable construction in
such individual was required or permitted to work in excess of the conformity with approved plans and specifications and a high
standard workweek of forty hours without payment of the degree of reliability on statements and representations made by
overtime wages required by the clause set forth in paragraph(1.) engineers,contractors,suppliers,and workers on Federal-aid
of this section. highway projects,it is essential that all persons concerned with the
project perForm their functions as carefully,thoroughly,and honestly
as possible. Willful falsification,distortion,or misrepresentation with
2.The contract amount upon which the requirements set forth in respect to any facts related to the project is a violation of Federal
paragraph(1)of Section VI is computed includes the cost of law. To prevent any misunderstanding regarding the seriousness of
material and manufactured products which are to be purchased these and similar acts,Form FHWA-1022 shall be posted on each
or produced by the contractor under the contract provisions. Federal-aid highway project(23 CFR 635)in one or more places
where it is readily available to all persons concemed with the
3.The contractor shall fumish(a)a competent superintendent or project:
supervisor who is employed by the firm,has full authority to direct
perFarmance of the work in accordance with the contract
requirements,and is in charge of all construction operations 18 U.S.C.1020 reads as follows:
(regardless of who performs the work)and(b)such other of its
own organizational resources(supervision,management,and °Whoever,being an officer,agent,or employee of the United
engineering services)as the contracting officer determines is States,or of any State or Territory,or whoever,whether a person,
necessary to assure the performance af the contract. associatian,firm,or corporation,knowingly makes any false
statement,false representation,or false report as to the character,
4.No portion of the contract shall be sublet,assigned or otherwise quality,quantity,or cost of the material used or to be used,o�the
disposed of except with the written consent of the contracting quantity or quality of the work performed or to be performed,or the
officer,or authorized representative,and such consent when cost thereof in connection with the submission of plans,maps,
given shall not be construed to relieve the contractor of any specfications,cantracts,or costs af construction on any highway or
responsibility for the fulfillment of the contract. Written consent related project submitted for approval to the Secretary af
will be given only after the contracting agency has assured that Transportation;or
each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the prime contract. Whoever knowingly makes any false statement,false
representation,false report or false claim with respect to the
5.The 30%self-performance requirement of paragraph(1)is not character,quality,quantity,or cost of any work performed or to be
applicable to design-build contracts;however,contracting pertormed,or materials fumished or to be fumished,in connection
agencies may establish their own self-perfortnance requirements W�th the construction of any highway or related project appraved by
the Secretary of Transportation;or
Whoever knowingly makes any false statement or false
VII.SAFETY:ACCIDENT PREVENTION representation as to material fact in any statement,certificate,or
report submitted pursuant to provisions of the Federal-aid Roads
This provision is applicable to all Federal-aid construction contracts Act approved July 1,1916,(39 Stat.355),as amended and
and to all related subcontracts. supplemented;
1. In the pertormance of this contract the cantractor shall comply Shall be fined under this title or imprisoned not more than 5 years
with all applicable Federal,State,and local laws goveming or both."
safety,health,and sanitation(23 CFR 635).The contractor shall
provide all safeguards,safety devices and protective equipment IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
and take any other needed actions as it determines,or as the yypTER POLLUTION CONTROL ACT
contracting officer may detertnine,to be reasonably necessary This provision is applicable to all Federal-aid construcfion contracts
to protect the life and health of empioyees on the job and the and to all related subcontracts.
safety of the public and to protect property in connectian with the
performance of the work covered by the contract. By submission of this bid/praposal or the execution of this contract,
2. It is a condition of this contract,and shall be made a condition of or subcontract,as appropriate,the bidder,praposer,Federal-aid
each subcontract,which the contractor enters into pursuant to construction contractor,or subcontractor,as appropriate,wiil be
this contract,that the contractor and any subcontractor shall not deemed to have stipulated as follows:
permit any employee,in perFarmance of the contract,to work in �,That any person who is or will be utilized in the perfortnance of
surroundings or under conditions which are unsanitary, this contract is not prohibited from receiving an award due to a
hazardous or dangerous to his/her health or safety,as violation of Section 508 of the Clean Water Act or Section 306 of
determined under construction safety and health standards(29 the Clean Air Act.
CFR 1926)promulgated by the Secretary of Labor,in 2.That the contractor agrees to include or cause to be included the
accordance with Section 107 of the Contract Work Hours and requirements of paragraph(1)of this Section X in every
Safety Standards Act(40 U.S.C.3704). subcontract,and further agrees to take such action as the
3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that contracting agency may direct as a means of enfarcing such
the Secretary of Labor or authorized representative thereof,shall requirements.
� have right of entry to any site of contract pertortnance to inspect - � �
or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the
Page FR-15 of 23
January 2018
_
_ _ . ...
.
Local Assistance Procedures Manual � Exhibif 12-G
� Required_Federal-Aid Contract Language
.. . FHWA-1273--.Revised May 1,2012
_ . . . . . .
_.. _...
Secretary ur�der Section 107 of the Contract Work;Hours and X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
Safety Standards�ACt(40 U.S.C.3704). ; INELIGIBILITY AND VOLUNTARY EXCLUSION. ;_ , , _ ,
This proVisian.is applicable to all Federal-aid construction contracts,: :. .
Vlll:FAL:SE STATEMENTS_CONCERNING HIGHWAY design-build contracts,subcontracts;lower=tiersubcontracts,
PROJECTS:. purcFiase orders,lease.agreements,consultant coritracts:or any
..
othe�:covered transaction:�equiririg FHWA approval orthaf is
. . . . .
This.provision is applicable.to all.Federal-aid construction contracts estimated to cost.$25,000 or more— as defined in 2�CFR Parts 1 SO .. ... .
�.
and.to:all related subcontracts... : _ : : : and 1200:
h.A participant.in a covered transaction may rely upon a certification .
1.Instructions for Certification-First Tier Participents: of a prospective participanY in a lower tier covered transaction that
... . . . i :� m
s of debarred,suspended,ineligible,or voluntarily excluded fro
a..By signing and submitting this proposal,the prospective first tier
the covered transaction,unless it knows that the certification is
participant is providing the certification set out below, erroneous. A participant is responsible.for ensuring that its
principa.ls are.not suspended,debarretl,,:or othervvise ineligible to: : :
b.The inability of a person to provitle the certification sef out 6elow participate in covered transactions. To verifythe eligibili.ty of its
will not necessarily':�esult in denial of participation in this covered
principals,as well as the.eligibility of any lower tier prospective
transaction:TFie prospective first tier participanf shall submit an participants,each participant may,but is not required to;check the
, explariation of why it cannot provide the certification-set out:6elow. Excluded Parties:List System website(hftps:7lwww.epls.gov/),wHich
:
The ce�tification or explariation virill:be considered in oonneotiori is compiled bjr 4he General Services Admioist�ation.
with fhe department or agency's determination.whether to enfer
..
into this transaction:.Fiowever,failure of the prospective first tier i.Nothing contained in the.foregoing shall be construed.to require
participant to furnish.a certification or an explanation shall the.establishment af a system of records in arder.to:render in good
disqualifysuch a person from participation in this transaction.::_: faith the certification required by 4his clause.The knowledge and
:. :.
intormation of the;prospective participant is no4 required to exceed
c.The cehification in this clause is a material representation of fact , that which is normally possessed,by a prudent person in the.
upon whicH reliance was placed when the contracting agency ordinary course of business dealings.
determined.to enter into this transaction.If:it.is later determined ..
that the:prospective paiticipant knowingly rendered an erroneous j.Except.for transactions authoriied.under�paragraph(�of these
certification,in addition to other�emedies available to the Fetle�al instruotions;if:a participant in a covered transaction knowingljr .
Governrrient,the contracting agenoy.may terminate this enters into a lower tier covered transaction:iniith a person who is
transaction:for cause of default. suspended,debarred;ineligitile;or voluntarily exoluded:from
. ..
participation in this transaction,in addition to other:remedies
d.The prospective firsf tier participant.shall provide immediate written available to the Eederal Govemment,the deparfinenE or agency
notice to:the contracting agency to whom this proposal is. , may terminate this transaction for cause or.default.
submitted if any time the.prospective first tier participant:leams:that
its cert'ification was erroneous when submitted orhas become **""*
_. ..
erroneous by reason of changed circumstances:,:
.. : . : ... .
2. Certification Regarding Debarment,Suspension,Ineligibility ..
. P
e.The t:e[ms"covered transaction,•,'"debarred,""suspended,": : : and Voluntary Exclusion—First Tier Partici.ants:
"ineligible,""participant,""person;'. "principal,"and"volurita�ly: � . :
exclutletl,"as used in:this clause,are defined in 2 CFR Parts 1 S0. a.The prospective first tier participant certifies to the best of its
and 1200. "First Tie�Covered Transactions''refe�§to any covered
knowledge and belief,that it.arid its principals:
transaction befween:a grantee or subgrantee of:Federal funds and .
a part'iciPant(such as the.prime or general contract). "Lovirer Tier (1) Are not presently debarred,suspended;p�oposed for
Cove�ed.Transactions"refers to any covered transaction under.a debarment,declared ineligible,or voluntarily excluded from
First Tier Covered Transaction(auch as.subcontrac4s): "First Tier . participating in covered transactions by any Federal departmen4
ParticipanY'refers to:4he participant who has entered into a or agency;
covered transaction with a grantee or subgrantee of Federal funds. : .
such as the nme or eneral contcactor 'Lower Tier Partici anY 2 Have not within a three- ear eriod receding this proposal
� P� 9 )• ` P.. ' � ) Y P P
:.
refers any participant who has entered into a covered transactian been convicted of or had a civil judgment�endered against them
with a First Tier Participant or other Lower Tier.Participants(such . for commission�of fraud or a.criminal offense in connection with
as subcont�actors antl,suppliers). otitaining,attempting to.obtain;or performing a public:(Federal,
� : : ...
State or local)transacki.on or contract under a putilic t�arisaction;
f. The prospective first tier participant agrees by subinitting this : violation of Federal o�Stafe antitrust statutes or commission of
proposaFthat,should the prop.osed,covered transactian be ente�ed embezzlemerif,.theft,forgery,britiery,falsification or destruction: :
inta,it sFiall not knowingly enter into any lower tier cove�ed : :. . of records;rtiaking false statements,or�eceiving stolen
transaction:with a person who is debarred,susperided,declared :. property; �: .
ineligibie,or voluntarily excluded from participation in this covered
_ transaction,unless authorized by.the department or agency (3) Are not presently indicted for or othervvise.criminally orcivilly.
entering into this transaction.... : charged by.a govemmental entify(Federal,:State or local)with -. :
. . ..
commissian of any of the offenses enumerated in paragraph : ..
The ros ective first tier artici ant further a rees_b submittin a 2 of this certification;and;;
9• P P.. P P 9... Y 9 C).� ) _.
this proposal that it will include the clause:titled"Certification "
Regarding Debarrtient,Suspension,Ineligibility and Valuntary.,, (4) Have not within a three=yea�period preceding this
Exclusion-Lower Tier Covered Tra.nsactions,"provided by.tMe. : application%p�oposal had one or mare.public transactions
depaftrrient or contracting agency,entering into this.code�ed ; (Federal;Stafe or local)terminated fo[c.ause or default.
_
... . ..
. .... . . . _ _.. . . . _ . . .
� .
Page FR-16 of.23: :.
January 2018 :
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1,2012
transaction,without madification,in all lower tier covered b.Where the prospective participant is unable to certify to any of
transactions and in all solicitations for lower tier covered the statements in this certification,such prospective participant
transactions exceeding the$25,000 threshold. shall attach an explanation to this proposal.
2.Instructlons for Certiflcation-Lower Tier Participants: i.Except for transactions authorized under paragraph e of these
instructions,if a participant in a covered transaction knawingly
(Applicable to all subcontracts,purchase orders and other lower tier enters into a lower tier cavered transaction with a person who is
transactions requiring prior FHWA approval or estimated to cost suspended,debarred,ineligible,or voluntarily excluded from
$25,000 or more-2 CFR Parts 180 and 1200) participation in this transaction,in addition to other remedies
available to the Federal Govemment,the department or agency
a.By signing and submitting this proposal,the prospective lower tier „yith which this transaction originated may pursue available
is providing the certification set out below. remedies,including suspension and/or debarment.
...«.
b.The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was Certification Regarding Debarment,Suspension,Ineliglblllty
entered into.If it is later determined that the prospective lower tier and Voluntary Exclusion--Lower Tier Participants:
participant knowingly rendered an erroneous certification,in 1.The prospective lower tier participant certifies,by submission of
addition to other remedies available to the Federal Govemment, this proposal,that neither it nor its principals is presently
' the department,or agency with which this transaction originated debarred,suspended,proposed for debarment,declared
may pursue available remedies,including suspension and/or ineligible,or voluntarily excluded from participating in covered
debarment. transactions by any Federal department or agency.
c.The prospective lower tier participant shall provide immediate 2.Nlhere the prospective lower tier participant is unable to certify to
written notice to the person to which this proposal is submitted if any of the statements in this certification,such prospective
at any time the prospective lower tier participant leams that its participant shall attach an explanation to this proposal.
certification was erroneous by reason of changed circumstances. �����
d.The terms"covered transaction,""debarred,""suspended;' XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS
"ineligible,""participant,""person,""principal,"and"voluntarily FOR LOBBYING
excluded,"as used in this clause,are defined in 2 CFR Parts 180 This provision is applicable to all Federal-aid construction contracts
and 1200. You may contact the person to which this propasal is and to all related subcontracts which exceed$100,000(49 CFR
submitted for assistance in obtaining a copy of those regulations. 2p),
"First Tier Covered Transactions"refers to any covered
transaction between a grantee or subgrantee of Federal funds 1.The prospective participant certifies,by signing and submitting
and a participant(such as the prime or general contract). "Lower this bid or proposal,to the best of his ar her knowledge and
Tier Covered Transactions"refers to any covered transaction belief,that:
under a First Tier Covered Transaction(such as subcontracts). a.No Federal appropriated funds have been paid or will be paid,
"First Tier ParticipanY'refers to the participant who has entered by or on behalf of the undersigned,to any person for influencing
into a covered transaction with a grantee or subgrantee of or attempting to influence an o�cer or employee of any Federal
Federal funds(such as the prime or general contractor). "Lower agency,a Member of Congress,an officer or employee of
Tier Participant"refers any participant who has entered into a Congress,or an employee of a Member of Congress in
covered transaction with a First Tier Participant or other Lower connection with the awarding of any Federal contract,the
Tier Participants(such as subcontractors and suppliers). making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative agreement,and the
e.The prospective lower tier participant agrees by submitting this extension,continuation,renewal,amendment,or modification of
proposal that,should the proposed cavered transaction be any Federal contract,grant,loan,or cooperative agreement.
entered into,it shall not knowingly enter into any lower tier b.If any funds other than Federal appropriated funds have been
covered transaction with a person who is debarred,suspended, paid ar will be paid to any person for influencing or attempting to
declared ineligible,or voluntarily excluded from participation in influence an o�cer or employee of any Federal agency,a
this covered transaction,unless authorized by the department or Member of Congress,an officer or employee of Congress,or an
agency with which this transactian originated. employee of a Member of Congress in connection with this
Federal contract,grant,loan,or cooperative agreement,the
f.The prospective lower tier participant further agrees by submitting undersigned shall complete and submit Standard Fortn-LLL,
this proposal that it will include this clause titled"Certification "Disclasure Fortn to Report Lobbying,"in accordance with its
Regarding Debarment,Suspensian,Ineligibility and Voluntary instructians.
Exclusion-Lower Tier Covered Transaction,"without modification,
in all lower tier covered transactions and in all solicitatians for
lower tier covered transactions exceeding the$25,000 threshold. 2•This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
g.A participant in a covered transaction may rely upon a into. Submission of this certification is a prerequisite for making
certification of a prospective participant in a lower tier covered or entering into this transaction imposed by 31 U.S.C.1352.
transaction that is not debarred,suspended,ineligible,or Any person who fails to file the required certification shall be
voluntarily excluded from the covered transaction,unless it knows subject to a civil penalty of not less than$10,000 and not more
that the certification is erroneous.A participant is responsible for than$100,000 for each such failure.
ensuring that its principals are not suspended,debarred,ar -
otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals,as well as the eligibility of any . 3.The prospective participant also agrees by submitting its bid ar
lower tier prospective participants,each participant may,but is proposal that the participant shall require that the language of
not required to,check the Excluded Parties List System website this certification be included in all lower tier subcontracts,which
Page FR-17 of 23
January 2018
Local Assistance Procedures Manual Ezhibit 12-G
Required Rederal-Aid Contract Language
FHWA-1273-=.Revised May 1,2012
(https://www.epls. ov/),which is compiled by the General Services exceed information;of participant is not required to @xceed that
Administration,:. : which is$100,000 and:that all_such recipients sh21(certify and
disclose accordingly.
h.:Nothing contained in the foregoing shall be construed 4o require
establishment of a system'of records in order to render in good .
faith the certifcation.required by this clause.The knowledge and
normally possessed;by a prudent person in the ordinary course of,
busin.ess dealings.
_.
_ . _ P
:
age FR-18 ofi 23:. .
January 2
018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of"Required Contract Provisions Federal-Aid Construction Contracts,"
the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that
exceed$10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization[45 Fed Reg 65984(10/3/1980)]are as follows:
MINORITY UTII..IZATION GOALS
Economic Area Goal
ercent
Redding CA:
174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: 6'8
CA Lassen;CA Modoc;CA Plumas;CA Shasta;CA Siskiyou;CA Tehama
Eureka,CA
175 Non-SMSA Counties: 6.6
CA Del Norte;CA Humboldt;CA Trinity
San Francisco-Oakland-San Jose,CA:
SMSA Counties: ,
7120 Salinas-Seaside-Monterey,CA 28'9
CA Monterey
7360 San Francisco-Oakland 25.6
CA Alameda;CA Contra Costa;CA Marin;CA San Francisco;CA San Mateo
7400 San Jose,CA
CA Santa Clara,CA 19.6
176 �485 Santa Cruz,CA
CA Santa Cn,� 14.9
7500 Santa Rosa
CA Sonoma 9.1
8720 Vallejo-Fairfield-Napa,CA
CA Napa;CA Solano 17.1
Non-SMSA Counties:
CA Lake;CA Mendocino;CA San Benito 23'Z
Sacramento,CA:
SMSA Counties:
6920 Sacramento,CA 16.1
1�� CA Placer;CA Sacramento;CA Yolo
Non-SMSA Counties 14.3
CA Butte;CA Colusa;CA El Dorado;CA Glenn; CA Nevada;CA Sierra;CA Sutter;CA Yuba
Stockton-Modesto,CA:
SMSA Counries:
5170 Modesto,CA 12.3
1�8 CA Stanislaus
8120 Stockton,CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA A1 ine;CA Amador;CA Calaveras;CA Mari osa;CA Merced;CA Tuolumne
Fresno-Bakersfield,CA
SMSA Counties:
179 0680 Bakersfield,CA � 19.1
CA Kem
2840 Fresno,CA 26.1
Page FR-19 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
CA Fresno
Non-SMSA Counties: 23.6
CA Kings;CA Madera;CA Tulare �
Los Angeles,CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove,CA 11.9
CA Orange
4480 Los Angeles-Long Beach,CA 28'3
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura,CA 21.5
180 CA Ventura
6780 Riverside-San Bemardino-Ontario,CA 19.0
CA Riverside;CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc,CA 19.7
CA Santa Barbara
Non-SMSA Counties 24.6
CA Inyo;CA Mono;CA San Luis Obispo
San Diego,CA:
SMSA Counries
7320 San Diego,CA 16.9
181 CA San Diego
Non-SMSA Counties 18'2
CA Imperial
For the last full week July during which work is performed under the contract,you and each non material-supplier
subcontractor with a subcontract of$10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR
230).Submit the forms by August 15.
13. TITLE VI ASSURANCES
During the performance of this Agreement,the contractor,for itself,its assignees and successors in interest
(hereinafter collectively referred to as CONTRACTOR)agrees as follows:
(1) Compliance with Re ations:CONTRACTOR shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the Department of Transportation,Title 49,Code of Federal Regulations,Part
21,as they may be amended from time to time,(hereinafter referred to as the REGULATIONS),which are
herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR,with regazd to the work performed by it during the AGREEMENT,shall
not discriminate on the grounds of race,color,sex,national origin,religion,age,or disability in the selection
and retention of sub-applicants,including procurements of materials and leases of equipment. CONTRACTOR
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations,including employment practices when the agreement covers a program set forth in Appendix B of
the Regulations.
(3) Solicitations for Sub-a�reements Including Procurements of Materials and Equipment:In all solicitations
either by comperitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-
agreement,including procurements of materials or leases of equipment,each potential sub-applicant or supplier
shall be norified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the
Regulations relative to nondiscriminarion on the grounds of race,color,or national origin.
(4) Information and Reports:CONTRACTOR shall provide all informarion and reports required by the
Regulations,or directives issued pursuant thereto,and shall pemut access to its books,records,accounts,other
sources of information,and its facilities as may be determined by the California Depariment of Transportation
or FHWA to be pertinent to ascertain compliance with such Regulations or directives.Where any information
Page FR-20 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
required of CONTRACTOR is in the exclusive possession of another who fails or refuses to fumish this
information,CONTRACTOR shall so certify to the California Deparhnent of Transportation or the FHWA as
appropriate,and shall set forth what efforts CONTRACTOR has made to obtain the information.
(5) Sanctions for Noncompliance:In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement,the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate,including,but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time,not
to exceed 90 days;and/or
(b) cancellation,ternunation or suspension of the Agreement,in whole or in part.
(6) Incorporation of Provisions:CONTRACTOR shall include the provisions of paragraphs(1)through(6)in every
sub-agreement,including procurements of materials and leases of equipment,unless exempt by the Regulations,
or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including sancrions for
noncompliance,provided,however,that,in the event CONTRACTOR becomes involved in,or is threatened with,
litigation with a sub-applicant or supplier as a result of such direction,CONTRACTOR may request the Califomia
Department of Transportation enter into such litigation to protect the interests of the State,and,in addition,
CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United
States.
14. USE OF U1vITED STATES-FLAG VE5SEL5
The CONTRACTOR agrees-
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carries,dry cargo liners,and tankers)involved,whenever shipping any
equipment,material,or commodities pursuant to this contract,to the extent such vessels are available at fair and
reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State or
within 30 working days following the date of loading for shipments originating outside the United States,a
legible copy of a rated"on-board"commercial ocean bill-of-lading in English for each shipment of cargo
described in paragraph(1)of this section to both the Contracting Officer(through the prime contractor in the
case of subcontractor bills-of-lading)and to the Division of National Cargo,Office of Market Development,
Maritime Administration,Washington,DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuaxit to this contract.
Page FR-21 of 23
, January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Federal Trainee Program Special Provisions
(to be used when applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program,the number of trainees or apprentices is
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmarive action program,provide on-the-job training to develop full journeymen in
the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part,determine how many trainees or apprentices are to be trained by the subcontractor.
Include these training requirements in your subcontract.
Where feasible,25 percent of apprentices or trainees in each occupation must be in their lst year of apprenticeship or
training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the
availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work,submit to the City/County of
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City/County's of approval for this submitted information before you start work.The City/County
of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes
enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make
every effort to enroll minority and women apprentices or trainees,such as conducting systematic and direct recruitment
through public and private sources likely to yield minority and women apprentices or trainees,to the extent they are
available within a reasonable recruitment area. Show that you have made the efforts.In making these efforts,do not
discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman
status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor,Bureau of Apprenticeship and
Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been
employed as a journeyman. Your records must show the employee's answers to the quesrions.
In your training program,establish the minimum length and training type for each classification. The City/County of
and FHWA approves a program if one of the following is met:
1. It is calculated to:
■ Meet the your equal employment opportunity responsibilities
■ Qualify the average apprenrice or trainee for journeyman status in the classification involved by the
end of the training period
2. It is registered with the U.S.Department of Labor,Bureau of Apprenticeship and Training,and it is
administered in a way consistent with the equal employment responsibilities of Federal-aid trighway
construction contracts
Obtain the State's approval for your training program before you start work involving the classificarion covered by
the program.
Page FR-22 of 23
January 2018
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Provide training in the construction crafts,not in clerk-typist or secretarial-type positions.Training is allowed in
lower level management positions such as office engineers,estimators,and timekeepers if the training is oriented
toward construction applications.Training is allowed in the laborer classification if significant and meaningful
training is provided and approved by the division office.Off-site training is allowed if the training is an integral part
of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at
least one of the following:
■ Contribute to the cost of the training
■ Provide the instruction to the apprentice or trainee
■ Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section. '
_ Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportuniries exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
Page FR-23 of 23
January 2018
ATTACHMENT NO. 4
STANDARD PLANS
[A copy is available at the Public Works front counter. Subsequent to finalization of the
contract, a copy will be kept on file with the City Clerk's office.]
ATTACHMENT NO. 5
FEDERAL PREVAILING WAGE RATES
9/11/2018 https://www.wdol.gov/wdol/scafilesldavisbacon/CA35.dvb?v=15
General Decision Number: CA180035 09/07/2018 CA35
Superseded General Decision Number: CA20170035
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PRO7ECT5; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PRO]ECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PR07ECT5
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the E0, the contractor
must pay all workers in�any classification listed on this wage
determination at least $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 01/19/2018
3 02/09/2018
4 03/02/2018
5 05/04/2018
6 05/18/2018
7 06/15/2018
8 06/29/2018
9 07/06/2018
10 07/13/2018
11 07/20/2018
12 08/17/2018
13 08/24/2018
14 08/31/2018
15 09/07/2018
AS8E0005-002 07/03/2017
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of inechanical systems).....$ 39.72 20.81
Fire Stop Technician
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(Application of Firestopping
Materials for wall openings
, and penetrations in walls, �
floors, ceilings and curtain
walls)..... .. ..... ....... ....... .$ 26.96 17.81
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ASBE0005-004 07/03/2017
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)....$ 19.26 11.27
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* BRCA0004-010 05/01/2018
Rates Fringes
BRICKLAYER; MARBLE SETTER. .... .. .$ 39.98 14.90
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
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BRCA001'8-004 07/01/2017
Rates Fringes
MARBLE FINISHER..... ..... .. .... ..$ 30.93 12.95
TILE FINISHER.. .......... .. ..... .$ 25.98 11.23
TILE LAYER. .. .. .......... .... ... .$ 37.76 16.37
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BRCA0018-010 09/01/2017
Rates Fringes
TERRAZZO FINISHER......... .......$ 29.75 12.91
TERRAZZO WORKER/SETTER. .. .. ......$ 36.75 13.82
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CARP0409-001 07/01/2016
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical - -
installer....... ......... .$ 39.83 15.50
(2) Millwright..............$ 40.90 15.50
(3) Piledrivermen/Derrick
Bargeman, Bridge or pock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
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(Commercial).. .. .. .. .. ..... .$ 40.53 15.50
(4) Pneumatic Nailer,
Power Stapler........ .... ...$ 40.09 15.50
(5) Sawfiler........ ...... .$ 39.83 15.50
(6) Scaffold Builder...... .$ 31.60 15.50
(7) Table Power Saw �
Operator. . ... .. .... .. . .. .. ..$ 40.93 15.50
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
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CARP0409-005 07/01/2015 ,
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 40.40 15.03
STOCKER/SCRAPPER..... . . .. ...$ 10.00 7.17
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CARP0409-008 08/01/2010
Rates Fringes
, Modular Furniture Installer..... .$ 17.00 7.41
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ELEC0011-002 07/30/2018
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer.. . .. ....... .... .. .$ 33.64 3%+14.33
Technician.. .. ....... .......$ 33.30 3%+27.82
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV
monitoring and surveillance, background-foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding �
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
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ELEC0441-001 08/27/2018
Rates Fringes
CABLE SPLICER. ... ......... .... ...$ 45.77 20.12
ELECTRICIAN. . . . ..................$ 43.76 20.06
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* ELEC0441-003 01/01/2018
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems.)
Rates Fringes
Communications System
Installer. ........... .... .. .$ 33.16 13.73
Technician...... .. ..... .....$ 31.23 15.39
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CAN 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 ATarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
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fringe benefits.
2. Fire Alarms-Open Wire Systems: installed by the Technician.
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ELEC0441-004 08/27/2018
Rates Fringes '
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
Splicer. ... ....... ..... .... .$ 45.77 20.12
Electrician..... ...... ..... .$ 43.76 20.06
Technician........ .. .. ......$ 31.76 16.75
SCOPE OF WORK: Electrical work on public streets, freeways,
toll-ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways, toll-ways, etc.
Intelligent Transportation Systems shall include all systems
and components to control, monitor, and communicate with
pedestrian or vehicular traffic, included but not limited
to: installation, modification, removal of all Fiber optic
Video System, Fiber Optic Data Systems, Direct interconnect
and Communications Systems, Microwave Data and Video
Systems, Infrared and Sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio Systems, highway Weight and
Motion Systems, etc.
Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
fitting and bandaging of ducts, raceways, and conduits.
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
of material at job site, manual excavation and backfill,
installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication
systems. Pulling, terminating and splicing of traffic -
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video/data.
----------------------------------------------------------------
ELEC1245-001 06/01/2018
• Rates Fringes "
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 56.79 17.91
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
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trenchers, cranes (50 tons
and below), overhead &
underground distribution -
line equipment).... .......$ 45.36 16.74
(3) Groundman........ .......$ 34.68 16.36
(4) Powderman.. ...... .. .... .$ 49.55 3%+17.65
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0018-001 01/01/2018
Rates Fringes
ELEVATOR MECHANIC.. ......... .... .$ 53.85 32.645
FOOTNOTE:
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.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0012-003 07/01/2018
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1. .. .......... .......$ 45.30 25.25
GROUP 2. .. ..... ..... .... ...$ 46.08 25.25
GROUP 3. .. ..... ..... .......$ 46.37 25.25
GROUP 4. .. ....... .... .... ..$ 47.86 25.25
GROUP 5.. .......... ........$ 48.96 25.25
GROUP 6. . ....... ... .. .. .. ..$ 48.08 25.25
GROUP 8. . .......... ........$ 48.19 25.25
GROUP 9. . . ........ ........ .$ 49.29 25.25
GROUP 10. .. ....... ... .......$ 48.31 25.25
GROUP 11. .. ......... .. ......$ 49.41 25.25,
GROUP 12. .. ... ...... ...... ..$ 48.48 25.25
GROUP 13. . .......... ....... .$ 48.58 25.25
GROUP 14. .. .......... .... .. .$ 48.61 25.25
GROUP 15. .. .......... ...... .$ 48.69 25.25
GROUP 16. .. ....... .. ........$ 48.81 25.25
GROUP 17..... ....... .. .... ..$ 48.98 25.25
GROUP 18.. .......... ........$ 49.08 25.25
GROUP 19............ ........$ 49.19 25.25
GROUP 20. . ........... ...... .$ 49.31 25.25
GROUP 21. . ........... .......$ 49.48 25.25
GROUP 22. . ........... .......$ 49.58 25.25
GROUP 23. .. ........... ......$ 49.69 25.25
GROUP 24............ .. .... ..$ 49.81 25.25
GROUP 25. .. ......... .... ....$ 49.98 25.25
OPERATOR: Power Equipment - -
(Cranes, Piledriving &
Hoisting)
GROUP 1. ......... ..........$ 46.65 25.25
GROUP 2. . . .................$ 47.43 25.25
GROUP 3. .. .................$ 47.7Z 25.25
GROUP 4..... ....... .. ......$ 47.86 25.25
GROUP 5............. ...."...$ 48.08 25.25
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GROUP 6........... .. .......$ 48.19 25.25
GROUP 7........ ..... .......$ 48.31 25.25
GROUP 8.. ........ ..........$ 48.48 25.25
GROUP 9.. ..................$ 48.65 25.25
GROUP 10.. ... ....... .. ..... .$ 49.65 25.25
GROUP 11. . .......... .. ... .. .$ 50.65 25.25
GROUP 12. . ... ....... .. ..... .$ 51.65 25,.25
GROUP 13. . .......... .. ......$ 52.65 25.25
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1. . ..... ..... .. ......$ 47.15 25.25
GROUP 2.. ..... ... .. .. ..... .$ 47.93 25.25
GROUP 3. . ..... ..... .. ... .. .$ 48.22 25.25
GROUP 4. . . .. ..... .. ..... .. .$ 48.39 25.25
GROUP 5............ ....... .$ 48.58 25.25
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
work on the followng Military eases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton '
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson �
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
� GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or �
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
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truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), 7ackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-7ohnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
enginey up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine�operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
- similar types); Mobark Chipper or similar; Ozzie padder or -
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
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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-]ohn 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
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel -
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
- GROUP 13: Rubber-tired earth-moving equipment operator -
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
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GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25'
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
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yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier �
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
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GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator �
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San �
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T275,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
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corner of the western half of the northern quarter of Section
6, T255, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T245, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T245, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T255,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue 5 to the SW corner of T325, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T325, 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 S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T15, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T15, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T85, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T95, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below: '
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T255,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T305, R16E, MDM. Continue E to SW
corner of T305, R17E, MDM. Continue 5 to SW corner of T315,
R17E, MDM. Continue E to SW corner of T31S, 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
earbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue 5 along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE�corner of
T325, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T325 MDM]. Continue North along the East side of R21E, MDM -
to the Kings County and Kern County border at the NE corner of .
T255, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
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of T255, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue 5 fhen
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the fVE corner of the
Western half of the NW quarter of Section 2, T85, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T245, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T245, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T255, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T275, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
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ENGI0012-004 08/01/2015 �
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman. .. ...... .......$ 49.50 23.60
(2) Dredge dozer.... .. . .....$ 43.53 , 23.60
(3) Deckmate........ .. .. .. ..$ 43.42 23.60
(4) Winch operator (stern
winch on dredge).... .... ....$ 42.87 23.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand.. ...... .. .. .......$ 42.33 23.60
(6) Barge Mate.. ..... .... .. .$ 42.94 23.60
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* IRON0377-002 07/01/2018
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Ironworkers:
Fence Erector. .. ..... .......$ 31.58 22.41
Ornamental, Reinforcing
and Structural.. ..... .......$ 38.00 31.05
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
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Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
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LAB00300-005 01/01/2018
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Asbestos Removal Laborer... ......$ 33.19 17.78
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
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LAB00345-001 07/01/2018
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LABORER (GUNITE)
GROUP 1. . .. ......... .. ......$ 42.18 18.27
GROUP 2. .. ........... .. .....$ 41.23 18.27 -
GROUP 3. .. ....... .... .. .....$ 37.69 18.27
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a �
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid •
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0" above base level and which work must be performed in
whole or in part more than 75'-0" above base level, that
work performed above the 75'-0" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen -
GROUP 2: Gunmen
GROUP 3: Reboundmen
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LABORER (TUNNEL)
GROUP 1. ... ....... .. ... .. .. .$ 40.19 19.07
GROUP 2. . .. ....... .. . .... ...$ 40.51 19.07
GROUP 3.. .. ... .. ..... .. .... .$ 40.97 19.07
GROUP 4.. . . .............. .. .$ 41.66 19.07
LABORER
GROUP 1. . .. . .. ....... .... .. .$ 34.24 19.07
GROUP 2. . . . ... ....... .... .. .$ 34.Z9 19.07
GROUP 3. . . .. ..... .... .......$ 35.34 19.07
GROUP 4. . . ....... .. .. . .. ....$ 36.89 19.07
GROUP 5. . . . . ... .. .. .. ... .. ..$ 37.24 19.07
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; �oncrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
� longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and -
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
("applying" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
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machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for, the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of inethod used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of inechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; ]ackleg miner; 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
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LAB00652-003 07/01/2018
Rates Fringes
Brick Tender. . .. ... ............. .$ 32.26 18.40
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LAB01184-001 07/01/2018
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer.. .$ 35.70 14.03
(2) Vehicle Operator/Hauler.$ 35.87 14.03
(3) Horizontal Directional
Drill Operator... .... ...... .$ 37.72 14.03
(4) Electronic Tracking
Locator. . . ....... .. .. .......$ 39.72 14.03
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.. ........ .... .......$ 35.86 16.21
GROUP 2.. .. ........ .. ...... .$ 37.16 16.21
GROUP 3.. .................. .$ 39.17 16.21
GROUP 4.. . ....... ... ....... .$ 40.91 16.21
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
I installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment� �
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LAB01414-001 08/08/2018
Rates Fringes
LABORER
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PLASTER CLEAN-UP LABORER....$ 33.82 19.40
PLASTER TENDER....... .... .. .$ 36.37 19.40
Work on a swing stage scaffold: $1.00 per hour additional.
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PAIN0036-001 07/01/2018
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)....... .. .. .. ..$ 27.59 14.92
(2) All Other Work.. .. .... ..$ 31.12 15.04
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-008 10/01/2017
Rates Fringes
DRYWALL FINISHER/TAPER... .. .. .. ..$ 38.58 18.57
----------------------------------------------------------------
PAIN0036-015 06/01/2018
Rates Fringes
GLAZIER... .. . . . ... .. ..... ........$ 42.20 25.50
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PAIN1247-002 05/01/2018
Rates Fringes
SOFT FLOOR LAYER.... .. .... .... .. .$ 33.85 14.56
----------------------------------------------------------------
* PLA50200-009 08/01/2018
Rates Fringes
PLASTERER. . .. ... .......... .......$ 36.86 18.00
----------------------------------------------------------------
PLA50500-002 07/01/2018
Rates Fringes
CEMENT MASON/CONCRETE FINISHER. ..$ 35.75 22.48
-------------------------------------=-------------------------- �
* PLUM0016-001 09/01/2018
Rates Fringes
PLUMBER/PIPEFITTER
Plumber and Pipefitter
All other work except
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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
----------------------------------------------------------------
PLUM0345-001 07/01/2017
Rates Fringes
PLUMBER _
Landscape/Irrigation Fitter.$ 32.30 21.00
Sewer & Storm Drain Work....$ 33.24 17.13
----------------------------------------------------------------
ROOF0036-002 08/01/2018
Rates Fringes -
ROOFER. .. .. . .. . . .......... ...... .$ 38.12 16.97
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour "pitch premium" pay.
----------------------------------------------------------------
SFCA0669-008 04/01/2017
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
. Rates Fringes
SPRINKLER FITTER.......... .......$ 39.07 15.84
----------------------------------------------------------------
SFCA0709-003 01/01/2018
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS
ANGELES: - '
Rates Fringes
SPRINKLER FITTER (Fire).. .. ......$ 42.26 25.92
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SHEE0105-003 07/01/2018
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LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work.. ... .. .......... .......$ 44.28 28.46
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 44.28 28.46
----------------------------------------------------------------
TEAM0011-002 07/01/2018
Rates Fringes
TRUCK DRIVER
GROUP 1. .. ......... ........$ 30.59 28.59
GROUP 2. ........... .. ......$ 30.74 28.59
GROUP 3. .. ......... ........$ 30.87 28.59
GROUP 4. .. .......... .......$ 31.06 28.59
GROUP 5. . ...... ............$ 31.09 28.59
GROUP 6. .. ... ........ .. ....$ 31.12 28.59
GROUP 7. .. ... ....... .......$ 31.37 28.59
GROUP 8. .. ... ....... .......$ 31.62 28.59
GROUP 9. . . ... .. ..... .......$ 31.82 28.59
GROUP 10.. . .......... .......$ 32.12 28.59
GROUP 11. . ... ........ .......$ 32.62 28.59
GROUP 12. . ........... .. .....$ 33.05 28.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
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GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
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 7anuary 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
- award only as provided in the labor standards contract clauses -
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
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and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
. "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is ]uly 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate. .
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all ,
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
-determination. 08/29/2014 indicates the survey compYetion date �
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in ]anuary of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W. .
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Depar.tment of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.)�All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION
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ATTACHMENT NO. 6
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
OF THE CALIFORNIA LABOR CODE
California Labor Code Section 1725.5. Re�istrataon of contractors; aYaandatory re�astration;
qualifications ancl a�plication; fees; exempt contractoa�s
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) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by
the department and pay an initial nonrefundable application fee of three hundred dollars ($300) 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.
(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
deternunation 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. 6
Page 1 of 11
(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 sha11 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) of this subdivision.
(e) The requirements of this section sha11 apply to any bid proposal submitted on or after March 1, 2015, and
any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.
California Labor Code Section 1771. Pavment of�eneral 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. 6
Page 2 of 11
California Labor Code Section 1771.1. Ite�istration as a contractor or subeontractor required prio�
to bid stxbmission; exceptions; substitutions; Internet listin�of re�istered contractors
(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 speci�ed 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) 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.
California Labor Code Section 1771.4. Additional requirememts when biddin� and awa�din� 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.
Attachment No. 6
Page 3 of 11
(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) The department shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision (a) of this section 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)(1) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works
projects awarded on or after January 1, 2015.
(2) The requirements of paragraph (3) of subdivision (a) shall only apply to the following projects:
(A) Projects that were subject to a requirement to furnish records to the Compliance Monitoring Unit
pursuant to Section 16461 of Title 8 of the California Code of Regulations, prior to the effective date of this
section.
(B) Projects for which the initial contract is awarded on or after April 1, 2015.
(C) Any other ongoing project in which the Labor Commissioner directs the contractors or subcontractors
on the project to furnish records in accordance with paragraph (3) of subdivision (a).
(D) All projects, whether new or ongoing, on or after January 1, 2016.
California Labor Code 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 fifty dollars ($ 50) 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:
Attachment No. 6
Page 4 of 11
(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 ten dollars ($10) 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 twenty dollars ($20) 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 thirty dollars ($30) 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) When 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 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 sha11 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 Sections 1771, 1775, 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 certi�ed 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,
Attachment No. 6
Page 5 of 11
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 sha11 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.
California Labor Code Section 1776. Payroll records; retention; inspection; noncompliance penalties;
rules and re�ulations
(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.
(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, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial
Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) sha11 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, the Division of Apprenticeship 5tandards, 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) 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.
Attachment No. 6 �
Page 6 of 11
(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) 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, the Division of Apprenticeship Standards, 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 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 name and social security number. A joint labor management
committee may maintain an action in a court of competent jurisdiction against an employer who fails to
comply with Section 1774. The court may award restitution to an employee for unpaid wages and may
award the joint labor management committee reasonable attorney's fees and costs incurred in.maintaining
the action. An action under this subdivision may not be based on the employer's misclassification of the
craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available
remedies for a violation of this chapter.
(fl 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.
(g) 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 twenty-five dollars ($25) for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or 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.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i) 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.
California Labor Code Section 1777.5. Emulovment of re�istered annrentices; wa�es; standards;
number; anprenticeable craft or trade; exemntions; contributions
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public
works.
Attachment No. 6
Page 7 of 11
(b) 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. �
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that
have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice
shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training.
(2) The rules and regulations of the California Apprenticeship Council.
(d) When 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) Prior to 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 awazding body if requested by
the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
sha11 submit to the awarding body, if requested, and to the apprenticeship program a verified statement of
the journeyman and apprentice hours performed on the contract. The information under this subdivision
shall be public. The apprenticeship programs shall retain this information for 12 months.
(� The apprenticeship program that can supply 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 where the contractor agrees to be bound by those standards, but, 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.
Attachment No. 6
Page 8 of 11
(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. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the
Division of Apprenticeship Standards, 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 sovered by this section that has agreed to be covered by an apprenticeship program's
standards upon the issuance of the approval certificate, or that 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 Chief of the Division of Apprenticeship Standards
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) When 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
Attachment No. 6
Page 9 of 11
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) 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 Division of Apprenticeship Standards for administering this subdivision, by making
grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be
distributed as follows:
(A) 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.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or
trade and geographic area for which the training contributions were made to the council, the grant shall be
divided among those programs based on the number of apprentices registered in each program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the
future expenses of the Division of Apprenticeship Standards.
(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. Notwithstanding Section 13340
of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the
Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall �x 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) All decisions of an apprenticeship program under this section are subject to Section 3081.
California Labor Code Section 1813. Forfeiture for violations; contract stiaulation; renort 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
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.
Attachment No. 6
Page 10 of 11 �
California Labor Code Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2
times the basic rate of pay.
Attachment No. 6
Page 11 of 11
�
ATTACHMENT NO. 7
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
§ 9204. Legislative findings and declarations regarding timely and complete payment of contractors for
public works projects; claims process
Effective: 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 bepartment 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.
Attachment No. 7
Page 1 of 4
(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.
(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 sha11 select a mediator and those mediators shall select a qualified neutral third party to
Attachment No. 7
Page 2 of 4
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 sha11 be subject to applicable procedures outside this section.
(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 his
or her 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 th�t 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 sha11
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. '
(fl 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.
Attachment No. 7
Page 3 of 4
(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, 2020, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
Attachment No. 7
Page 4 of 4
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�c�cy� LOCATION MAP
ran�e Chapman/James Left 1�rn Phasing
Traffic Signal Modification �, ro s�
C`+ . City of
�"I"�11��;;t'
Public Works Department
HSIP-5073(078):Glasscll St and Walnut Avc Lcft Tum Signal Modificatiun Project
IISIP-5073(O80):Chapman Avc and James St Lcfi Tum Signal Modification Projcct I 2 3 4
Bid No.178-02;SP-3867;SP-3869 IC.B Blec[ric Calpromax I?ngineering,Inc. Helco P.Iecnor Group CA Pro(essional Gnginecring
Date of Bid Opening:09/20/18 1055 Montecito Drive 650 N.Rose Drive#186 14320 Albers Way 929 Otterbein Avenue,Unit L'
Bid Abstract SP3867GlasscllWalnut_SP3869ChapmanJamcs.zlsx ENGINEER'S ESTIMATE Corona,CA 92879 Placcntia,CA 92870 Chinq CA 91710 La Pucntc,CA 9U4R
(951)682-2982 (714)573-4599 (909)993-5470 (626)810-1338
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOLiNT UNIT PRICE AMOUNT UNIT PRICC: AMOUNT UNIT PRICE AMOUNT
� Glassell Street and Walnut Avenue Left Tum Signal 1 LS $249,527.00 5249,527.00 $318,305.00 5318,305.00 $356,000.00 a356,000.00 $338,000.00 5338,000.00
Modifica[ion per Plans and Specs $336,796.00 5336,796.00
2 Traffic Control 1 LS 5,000.00 $8,000.00 $7,500.00 $7,500.00 $2,800.00 $2,800.00 53,000.00 53,000.00 55,000.00 $5,000.00
3 Construct ADA-compliant Sidewalk Aceess Ramp per City Std. 3 EA 11,063.00 533,189.00 518,236.00 E54,708.00 $6,000.00 $18,000.00 57,966.00 523,898.00
Plan 121,Type per Plan 38,500.00 $25,500.00
4 [nsta(I Signing and Striping pec Plan l LS 20,315.00 520,315.00 516,907.00 $16,907.00 518,500.00 �18,500.00 514,793.00 514,793.00 515,800.00 515,800.00
5 AdjusURemove&Replace Water Valves Box per OWD Std. 5 EA 660.00 53,300.00 8785.00 $3,925.00 5800.00 $4,000.00 51,366.00 $6,830.00
Plan l01 51,450.00 59,250.00
l50 TON 145.00 521,750.00 5322.00 E48,300.00 E328.00 a49,200.00 5444.00 566,600.00
6 Construc[2"Asphal[Rubber Hot Mix Surfare Course Includes
_ Cold Milling,Weed Kill,Crack Seal,and Dust Rock Blotter 5540.00 $81,000.00
� Adjust Manhole Frame and Cover m Grade per City SW.Plan 4 EA RS0.00 53,520.00 52,355.00 59,420.00 51,000.00 54,000.00 $2,049.00 58,196.00
408
a2,zoo.00 $s,soo.00
g Chapman Avenue and James Street Left Turn Signal 1 LS 240,454.00 S24Q454.00 $216,560.00 E216,560.00 5242,000.00 $242,000.00 $250,000.00 5250,000.00
Modification per Plans and Specs $245,423.00 $245,423.00
9 Traffic Control 1 LS 5,000.00 $5,000.00 $7,500.00 $7,500.00 $2,800.00 $2,800.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00
Construct ADA-compliant Sidewalk Access Ramp per Ciry Std. 1 EA 6,542.00 $6,542.00 E14,492.00 514,492.00 $6,000.00 $6,000.00 $7,966.00 $7,966.00
10 Plan 121,Type per Plan a8,500.00 $8,500.00
11 InstallSigningandStripingperPlan l LS 11540.00 Sll 540.00 E13,994.00 513,994.00 $16,000.00 $16,000.00 $12403.00 $12,403.00 513,000.00 513,000.00
5603,137.00 5711,611.00 5719,300.00 5734,6R6.00 5750,069.00
5 6 7 R
PTM Genecal Engineering Svcs Dynaelectric DBX,Inc. Alfazo Comm Constmction
5942 Acom Street 4462 Corporate Center Drive 42024 Avenida Alvarado,Ste. 15614 S.Adantic Avenue
Riverside,CA 92504 Los Alamitos,CA 90720 Temecula,CA 92590 Compton,CA 90221
(951)710-1000 (714)828-7000 (951)296-9909 (310)669-8949
NO. DESCRIPTION OF WORK QUANTITY UN[T PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
� Glassell SVeet and Walnut Avenue Left Tum Signal 1 LS $345,527.00 5345,52�.00 $302,424.00 $302,424.00 $375,143.00 $375,143.00 $424,000.00 $424,000.00
Modification per Plans and Specs
2 TrafficControl 1 LS $9,000.00 59,000.00 $12,537.00 $12,539.00 $18,000.00 $18,000.00 �7,000.00 $7,000.00
3 Construct ADA-compliant Sidewalk Access Ramp per City Std. 3 EA $R,900.00 $26,700.00 521,045.00 E63,135.00 $8,500.00 $25,500.00 $6,500.00 $I9,500.00
Plan 121,Type per Plan
4 Install Signing and Striping per Plan 1 LS _ $15,000.00 E15,000.00 515,472.00 515,472.00 $I4,000.00 514,000.00 515,000.00 515,000.00
5 Adjust/Remove&Replace Water Vatves Box per OWD Std. 5 EA 51,800.00 E9,000.00 E1,705.00 58,525.00 5950.00 54,750.00 E1,100.00 55,500.00
Plan]Ol
150 TON $570.00 585,500.00 5644.00 596,600.00 $525.00 578,750.00 $288.00 543,200.00
6 Construct 2"Asphalt Rubber Hot Mix Surface Course Includes
Cold Milling,Weed Kill,Crack Seat,and Dust Rock Blotter
� Adjust Manhole Frame and Cover to Grade per City Std.Plan 4 EA E2,450.00 59,800.00 a2,571.00 510,284.00 54,200.00 516,800.00 �1,200.00 54,R00.00
408
$ Chapman Avenue and James Street Left Turn Signal 1 LS 5261,000.00 $261,000.00 5246,335.00 E246,335.00 $277,748.00 $277,748.00 5323,000.00 $323,000.00
Modification per Plans and Specs
9 Traffic Control 1 LS _ __ _ E7,000.00 57,000.00 a9,542.00 $9,542.00 $10,000.00 510,000.00 53,000.00 53,000.00
Construct ADA-compliant Sidewalk Access Ramp per CiTy Std. 1 EA 58,860.00 $8,860.00 525,104.00 525,104.00 $8,500.00 58,500.00 $5,800.00 55,800.00
�� Plan 121,Type per Plan
�1 InstallSigningandStripingperPlan 1 LS $12,600.00 $]2,600.00 SI2,827.00 $12,827.00 $11,S8R.00 $11,SRR.00 513,000.00 $13,000.00
$789,987.00 $802,785.00 $840,779.00 $863,800.00
No. Sub-Contrac[ors Work T e
l Smithson ElecVic,Ina Loo Detectors
2 Su erior Pavement Markin s Si nin &Stri in
3 Hardy&Hazper Asphalt
Page 1
CITY COUNCIL MINUTES NOVEMBER 13, 2018
3. CONSENT CALENDAR(Continued)
3.15 Final Acceptance of Bid No. 178-12; Villa Real Drive Southern California Edison
(SCE) Service Undergrounding for electrical service to Reservoir No.2; and
authorization to file Notice of Completion with the County Recorder. (AGR-6576)
ACTION: Accepted Villa Real Drive Southern California Edison (SCE) Service
Undergrounding, for electrical service to Reservoir No.2 project as complete; and
authorized the Mayor and City Clerk to execute the Notice of Completion.
3.16 Final Acceptance of Bid No. 178-33, SB-1 Street Improvements, FY18; and
authorization to file Notice of Completion with the County Recorder. (AGR-6621)
ACTION: Accepted SB-1 Street Improvements, FY18 as complete; and authorized the
Mayor and City Clerk to execute the Notice of Completion.
3.17 Rejection of Bids; Bid No. 178-34; Water System SCADA & Controls upgrades and
authorization to re-advertise for bids. (C2500.P)
ACTION: Rejected all bids received, and authorized the re-advertisement of this project.
3.18 Claims for Damages. (C3200.0)
ACTION: Denied the following claims for damages and referred to City Attorney and
Claims Adjuster:
a. So Cal Gas
b. Leonardo Sandoval
c. Michele Stepp
d. Meghan Taylor on behalf of minor
e. Daniel C. Roth
3.19 Award of Contract for Bid No. 178-02, two Federal Highway Safety Improvement
Program (HSIP) Left Turn Phasing Signal Modification Projects: 1) Glassell Street
and Walnut Avenue; and 2) Chapman Avenue and James Street. (AGR-6668)
ACTION: 1) Transferred $207,000 from the Tustin/Meats Intersection Right Turn Lane
Addition Project account 284.5011.56330.30025 to 284.5032.56100.30029 TSIP B, HSIP
Glassell and Walnut;2)Authorized the appropriation of$5,300 from the Renewed Measure
M2 Traffic Improvement Fund (263) unreserved fund balance to expenditure account
number 263.5032.56100.30030, Measure M2, HSIP Chapman and James; and 3)Awarded
the contract in the amount of$711,611 to International Line Builders, Inc., and authorized
the Mayor and City to execute on behalf of the City.
3.20 Mills Act Contract No. MAC-271.0-18 (Historic Property Preservation Agreement),
272 N. Cambridge Street. (AGR-6669)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and property owner for the preservation and rehabilitation of a
qualified historic property.
PAGE 6