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03.16 Wheelchair Access Ramps FY 2018-19 FO 9 �Q._...�P,� ��,,,\�GpRPOqATFQ.�4' �� 'Q A ITEM , AGEND �ti:�_ �� . �F��GP�,�<P April 9, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Christopher Cash, Public Works Director William R. Crouch Community Development Director REVIEW: City Mana r inance �2� 1. SU�JECT Award of Contract Bid No. 189-21; SP-4075; 'Wheelchair Access Ramps at Various Locations Project Fiscal Year 2018-2019 to All Cities Engineering, Inc. 2. SUMMARY Bids for Community Development Block Grant Americans with Disabilities Act Wheelchair Access Ramps at Various Locations Project Fiscal Year 2018-2019 were received and opened on March 21, 2019. Nine bidders responded to the Notice Inviting Bids. The apparent low bidder is All Cities Engineering Inc. of Jurupa Valley, Ca for $207,910. 3. RECOMMENDED ACTION Award the contract in the amount of $207,910 to All Cities Engineering, Inc. of Jurupa Valley California and authorize the Mayor and the City Clerk to execute on behalf of the City. 4. FISCAL IMPACT The total expenditure for this project is $239,097 and will be funded in Community Development Block Grant Americans with Disabilities Act Improvements (11328) through Community Development Block Grant (310). 5. STRATEGIC PLAN GOALS Goal 1: Provide for a safe community � b: Provide and maintain infrastructure necessary to ensure the safety of the public. Goal 4: Provide outstanding public service b: Provide facilities and services to meet customer expectations. ITEM 3 • �� 1 04/09/2019 6. DISCUSSION �►ND BACKGROUND The City Council previously approved advertisement for bids at the City Council meeting held on February12, 2019. The bid solicitation was advertised on February 28, 2019 for three weeks, and bids were opened on March 21, 2019. Nine bidders submitted proposals as follows: 1. All Cities Engineering, Inc. $207,910 2. EBS General Engineering, Inc. $241,850 3. KC Equipment, Inc. $249,380 4. Gentry General Engineering, Inc. $271,253 5. Hardy and Harper, Inc. $280,000 6. Onyx Paving Co Inc. $303,000 7. Alfaro Communications Construction, Inc. $361,690 8. CaIProMax Engineering, Inc. $363,000 9. LC Paving & Sealing, Inc. $369,050 The total cost is estimated at $239,097 including 15% for construction engineering and contingency. Staff checked the references and qualifications for All Cities Engineering, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of a similar nature to this project. Therefore, staff recommends that All Cities Engineering, Inc. be awarded the contract in the amount of $207,910 for Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project Fiscal Year 2018-2019. This project will provide for the construction of approximately 50 ADA wheelchair access ramps at various locations citywide. As part of this project, detectable warning surfaces (truncated domes) will be installed per the American with Disabilities Act Accessibility Guidelines (ADAAG) requirements. The City receives CDBG funding from the U.S. Department of Housing and Urban Development for activities that primarily benefit low and moderate income residents. Construction of ADA compliant access ramps city-wide qualifies for CDBG funding because the ramps benefit disabled residents that are considered to be low income. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 "Existing . Facilities" Class 1 (c). The Notice of Exemption has been filed with the County Recorder's Office. The proposed project is also categorically excluded from the provisions of the National Environmental Policy Act (NEPA) under CFR 24 Section 58.35. Documentation of this determination is on file. Construction is scheduled to begin in early May 2019 and is expected to be completed within 45 calendar days. 7. ATTACHMENT � 1. Bid Abstract 2. Location Maps 3. Contract ITEM 2 04/09/2019 City of Orange:Summary of Bid Abstracts for: CDBG FY 2018-19—Americans with Disabilities Act(ADA) 1 2 3 Wheelchair Access Ramp Replacement at Various Locations Bid No.189-21;Project No.SP-4075 Date of Bid Opening:3/21/2019 ENGINEER'S ESTIMATE All Ciries Engineering,Inc. EBS General Engineering,Inc. KC Equipment,Inc. Jurupa Valley Ca Carona,Ca Irvine Ca Tel.No. (909)241-3632 Tel.No. (951)279-6869 Tel.No. (949)748-6285 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT iJNIT PRICE AMOUNT 1 Sawcut Remove and Replace Sidewalk 50 EA $ 4,730.00 $236,500.00 $4,000.00 $200,000.00 $4,500.00 $225,000.00 $4,300.00 $215,000.00 Access Ramp Per City Standard Plan 121 (All Tvnacl 2 Sawcut,Remove and Replace Existing 200 SF $ 19.80 $3,960.00 $8.00 $1,600.00 $14.00 $2,800.00 $]0.00 $2,000.00 Sidewalk Per City Standard Plan No 118 Re 17(1 3 Sawcut Remove and Replace Exisitng 50 LF $ 55.00 $2,750.00 $45.00 $2,250.00 $95.00 $4,750.00 $60.00 $3,000.00 Curb and Gutter Per City Standard Plan Nn.117 4 Sawcut Remove and Replace Existing 180 SF $ 22.00 $3,960.00 $17.00 $3,060.00 $35.00 $6,300.00 $16.00 $2,880.00 Concrete Cross Gutter/and or Spandrel per City Standard Plan No.119 5 Remove and Replace Traffic Signal or 2 EA $ 1,045.00 $2,090.00 $500.00 $1,000.00 $1,500.00 $3,000.00 $4,250.00 $8,500.00 Street light Pull Box and Adjust Conduit $249,260.00 $207,910.00 $241,850.00 $231,380.00 Page 1 of 3 City of Orange:Summary of Bid Abstracts for: CDBG FY 2018-19—Americans with Disabilities Act(ADA) 4 5 6 7 Wheelchair Access Ramp Replacement at Various Locations Bid No.189-21;Project No.SP-4075 Date of Bid Opening:3/21/2019 Gentry General Engineering,Inc. Hardy&Harper,Inc. Onyx Paving Company,Inc. Alfaro Communications Rancho Cucamonga,Ca Lake Forest,Ca Anaheim,Ca Construction,Inc. Comnton.Ca Tel.No. (909)330-1128 Tel.No. 714444-1851 Tel.No. (714)632-6699 Tel.No. (310)669-8949 NO. DESCRIPTION OF WORK QUANTITY LTNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Sawcut Remove and Replace Sidewalk 50 EA $5,205.20 $260,260.00 $5,300.00 $265,000.00 $5,500.00 $275,000.00 $7,000.00 $350,000.00 Access Ramp Per City Standard Plan 121 IAII Tvnacl 2 Sawcut,Remove and Replace Existing 200 SF $11.98 $2,39G.00 $9.00 $1,800.00 $24.00 $4,800.00 $11.00 $2,200.00 Sidewalk Per City Standard Plan No 118 R 170 3 Sawcut Remove and Replace Exisitng 50 LF $7322 $3,661.00 $80.00 $4,000.00 $76.00 $3,800.00 $78.00 $3,900.00 Curb and Gutter Per City Standard Plan Nn.117 4 Sawcut Remove and Replace Existing 180 SF $15.20 $2,73G.00 $23.00 $4,140.00 $30.00 $5,400.00 $26.00 $4,680.00 Concrete Cross Gutter/and or Spandrel per City Standard Plan No.119 5 Remove and Replace Treffic Signal or 2 EA $1,100.00 $2,200.00 $2,530.00 $5,060.00 $7,000.00 $14,000.00 $455.00 $910.00 Street light Pull Box and Adjust Conduit $271,253.00 $280,000.00 $303,000.00 $361,G90.00 Page 2 of 3 City of Orange:Summary of Bid Abstracts for: CDBG FY 2018-19—Americans with Disabilities Act(ADA) 8 9 Wheelchair Access Ramp Replacement at Various Locations Bid No.189-21;Project No.SP-4075 Date of Bid Opening:3/21/2019 CALPROMAX Engineering,Inc LC Paving&Sealing,Inc. Tustin,Ca San Marcos,Ca Tel.No. (714)573-4599 Tel.No. (760)752-1743 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Sawcut Remove and Replace Sidewalk 50 EA $7,000.00 $350,000.00 $7,192.00 $359,G00.00 Access Ramp Per City Standard Plan 121 (All Tvnac) 2 Sawcut,Remove and Replace Existing 200 SF $12.00 $2,400.00 $1].50 $2,300.00 Sidewalk Per City Standard Plan No 118 R��n _ 3 Sawcut Remove and Replace Exisitng 50 LF $60.00 $3,000.00 $47.00 $2,350.00 Curb and Gutter Per City Standard Plan Nn.117 4 Sawcut Remove and Replace Existing 180 SF $20.00 $3,G00.00 $20.00 $3,600.00 Concrete Cross Gutter/and or Spandrel per City Standard Plan No.119 5 Remove and Replace Treffic Signal or 2 EA $2,000.00 $4,000.00 $600.00 $1,200.00 Street light Pull Box and Adjust Conduit $363,000.00 $369,050.00 Page 3 of 3 > - � �� yF ME�oWBRo fiP�E' � O � � ? >�iI 9'Dl.tisO� fyp�MEe RAINIFqq� y mN 0P`O`N�NP�� BALDWINAVE `` sr F`o �o • OP4,P�� 'c��R�39� c'f'�o x SP NpGANYONRD /� `` NEP y'O `rT 4. h O SPN P I� \ O / S,C _ R`� ,F� �pyr �p 9R.ys � B�pWINAVE ILA BOLIN IDGE�R BOL R C 9,p y �,y O� 2 � � � IR / B i y, O QY cc FR l Sr 5'q Sj. / P.1�c JF' R�Sfv�i 'l� c J4. 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V OL � k e 2 AVE s � E �ER aQ�� r�r1 � O r` � ? � a� � ❑ 5 I � � � �ti � i � � V I � NEWPOF2T D 4 y = �\TY WAV € 20 � A�"� � � �� _-_ f a ae �� ,a� � � ; -�, a �� w� ___ � ... �° � � p........J ...\ � . p � ..1 1 �� \ GNEENTREEAVE I 1 �`_"'" i � DOI � 'JSTICECE EHWAY b nvn+rHeEciR - � i � — � _' � ._. � a � e � ::.� �D ._.. .._... ., cirr wEsr r •• e � � Li � � � � � ,':W ', , , eii � � � a � ner ve g ° � � � �... � ��q-Q � _..� � "' � a � LAU R \ I-........� � ` �� . . . .^._, � � vwxaa �. . _.� .O n.Heacx� � � 1�-^-�:•e� � �� `� �J EATHER CIR !�, , ` � \ � N� 4 9 �� O�� 0. i F _ _ �Nf INLEAF CI , y � F Op e � �aq fipp� o � U � �e .e yatTR q V � S4NDALW00 IR q � k � w � ,� 4 � 3 � PA4K BA�BON RVE � � � BLUE SPfiUCE AVE � JE `n �p � 3 o PARN CENTRNLPV � � �� 0 p fSPENWOODAVE y § EL PRA00 AVE 0 6 ]�� - CARKGRIFFRHAVE "lf PHADO A � � � � ELRANCHOAVE ��_ _ p GARpEN GROVE BlVO GANDEN(;ROVt:B�V� LOfiETTA�N CDBG ADA Sidewalk Access Ramp e • Proposed Ramp Re lacement Pro1ect FY 2018-19 P J 0 412.5 825 1,650 Feet Area 3 October 31,2018 Attachment "A" - Exhibit 1 Page 3 of 3 CONTRACT [CDBG FY 2018-19—Americans with Disabilities Act(ADA) Wheelchair Access Ramp Replacement at Various Locations (Bid No. 189-21, SP-4075)] THIS CONTRACT ("Contract") is made and entered into as of , 2019 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and ALL CITIES ENGINEERING, INC., a California corporation ("Contractor"), with its principal office for purposes of this Contract at 5881 Snowgrass Trail, Jurupa Valley, California 92509. ARTICLE I For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and fiunish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work(the"Work") described in: (1) The Project Maps for CDBG FY 2018-19 —Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various Locations (Exhibit 1) prepared for City by Eduardo Lopez, approved by the "Engineer" (as defined herein below) on February 26, 2019 and consisting of sheets numbered 1 through 3, 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 Compliance Documents attached hereto as Attachment No. 1 and incorporated herein by this reference; (5) The Labor Relations Forms attached hereto as Attachment No. 2 and incorporated herein by this reference; (6) The "City of Orange Standard Special Provisions" attached hereto as Attachment No. 3 and incorporated herein by this reference (herein referred to as the"Special Provisions"); (7) The Standard Plans attached hereto as Attachment No. 4 and incorporated herein by this reference; (8) The Federal Special Provisions attached hereto as Attachment No. 5 and incorporated herein by this reference; (9) The Federal Labor Standards and Provisions attached hereto as Attachment No. 6 and incorporated herein by this reference; (10) The Federal Prevailing Wage Rates attached hereto as Attachment No. 7 and incorporated herein by this reference; and (11) Contractor's Proposal, which is on file with City's Departrnent of Public Works. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book and the Green Book are on file with City's Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Standard Plans, the Orange Book, the Green Book, the Special Provisions, and the City of Orange Special Provisions and Encroachment Permit 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 City's exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary. 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 City's Public Works Director, City's Principal Civil Engineer Randy Nguyen ( "Authorized City Representative") shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor's performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City's Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City's Public Works Director. ARTICLE II Contractor agrees to commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion of the Work within forty five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Green Book. 2 ARTICLE III Contractor agrees to receive and accept an amount not to exceed TWO HUNDRED SEVEN THOUSAND NINE HUNDRED TEN and 00/100 DOLLARS ($207,910.00) 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 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 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 Contractor guarantees the construction and installation of all work included in the Plans and Specifications for which 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 City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen(15) calendar days after the receipt of a demand from City. 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 Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, 3 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 City. Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, all expenses incurred. Emergency repairs will be deemed as those repairs determined by City's Director of Public Works to be necessary due to an immediate detriment to the health, safety,welfare or convenience of the residents of City. ARTICLE 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. To the extent Contractor's employees will perform any work that falls within any of the classifications for which the California Department of Labor Relations promulgates prevailing wage determinations, Contractor hereby agrees that it, 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). 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. 8 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the 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 terms and provisions contained in those provisions of the California Labor Code. 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, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor hereby agrees to and shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including reasonable attorney's fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the work which is 4 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 property which may arise from or in connection with the performance of the work hereunder and the results of that work by 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 the following minimum amount of insurance: the greater of(a) the limits set forth in 1 through 4, below; or (b) all of the insurance coverage and/or limits carried by or available to Contractor. 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or . other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecdlocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of Califorrua. 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 City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its officers, officials, and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5 Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor; and with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. 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 City) to Contractor's insurance policy, or as a separate owner's policy. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance with respect to City, its officers, officials, and employees. Any insurance or self-insurance maintained by City, its officers, officials, and employees shall be excess of 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 City. The minimuxn liability coverage required above shall apply to City as an additional insured. Contractor shall furnish 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 City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. All insurance procured and maintained by 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. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. 6 Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. 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 City for all work performed by Contractor, its employees, agents and subcontractors. 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 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 City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers; employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, 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, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recnutment 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 employrnent, 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 7 employment without regard for race, color, religion, sex, national origin, or mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. ARTICLE 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 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 three (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. 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 saxne 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 three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. 8 "CONTRACTOR" "CITY" All Cities Engineering, Inc. City of Orange 5881 Snowgrass Trail 300 E. Chapman Avenue Jurupa Valley, CA 92509 Orange, CA 92866-1591 Attn: Apolonio Ramirez Attn: Randy Nguyen Telephone No.: (909)241-3632 Telephone No.: (714) 744-5531 E-Mail: kim.aceinc@gmail.com E-Mail: rnguyen@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 Deparhnent 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 City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. 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 City. 9 e. Contractor agrees to indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Contract. ARTICLE XVII The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National Pollutant Discharge Elimination System ("NPDES") Pernut No. R8-2009-0030 (the "Permit"), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City's Director of Public Works, which is located at 300 E. Chapman Avenue in the City of Orange. 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 Califomia Public Contract Code Section 9204, attached hereto as Attachment No. 9, and incorporated herein by this reference. [Remainder of page intentionally left blank;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: Mark A. Murphy Mayor of the City of Orange CONTRACT, BONDS AND INSURANCE APPROVED BY: ATTEST: Mary E. Binning Pamela Coleman, City Clerk Senior Assistant City Attorney "CONTRACTOR" ALL CITIES ENGINEERING, INC, a California 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: CONTRACTING WITH SMALL AND MINORITY FIRMS,WOMEN'S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIltMS 1. It is national policy to award a fair share of contracts to small and minority business firms. Accordingly,affirmarive steps must be taken to assure that small and minority businesses aze utilized when possible as sources of supplies, equipment,construction,and services. Affirmative steps shall include the following: a. Including qualified small and minority businesses on solicitation lists. b. Assuring that small and minority businesses are solicited whenever they aze potential sources. c. When economically feasible,dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. d. Where the requirement permits, establishing delivery schedules wluch will encourage participation by small and minority businesses. e. Using the services and assistance of the Small Business Administrarion and Minority Business Development Agency of the Department of Commerce as required. f. If any subcontracts are to be let,requiring the prime contractor to take the affirmative steps in 1 (a)through 1 (e)above. 2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. 3. Grantees are encouraged to procure goods and services from labor surplus areas. I have read this required information regarding contracting with small and minority firms, women's business enterprise,and labor surplus area firms which is evidenced by my signature. Signature Date CD-1 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder ,proposed subcontractor ,hereby certifies that he has ,has not, participated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925, 11114,or 11246,and that he has_,has not_,filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. (Company) By (Title) Date: NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor[41 CFR 60- 1.7(b)(1)],and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opporhinity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S.Department of the Interior or by the Director,Office of Federal Contract Compliance,U.S.Department of Labor. CD-2 SECTION 3 CLAUSE A. The work performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible,be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organizarion or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualificarions for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135 and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment posirions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 part 135. F. Noncompliance with H[TD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determinarion and Education Assistance Act (25 U.S.C. 450e.) also applies to the work to be performed under this contract. Section 7(b)requires that to the greatest extent feasible(i)preference and opporlunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and sub constracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that aze subject to the provisions of Secrion 3 and Secrion 7(b)agree to comply with Section 3 of the maximum extent feasible,but not in derogation of compliance with Section 7(b). � I have read this required information regarding section 3 requirements which is evidenced by my signature. SrcNATvx�OF THE CONTRACTOR DATE CD-3 SECTION 3 EMPLOYEE HIRING LIST The following list provides the names of organizations that may be contacted for potential employees to meet Secrion 3 requirements: Anaheim One-Stop Career Employment Center North Orange City Regional One-Stop Center 50 S.Anaheim Boulevard,#300 1811 W.La Habra Boulveard Anaheim,CA 92805 La Habra,CA 90631 (714)765-4350(Voice) (562)905-7076(Voice) (714)765-4356(Fax) (562)905-7095(Fax) Coastal County Regional One-Stop Center South Orange County Regional One-Stop Center 1675 Scenic Avenue 23456 Madero,Suite 150 Costa Mesa,CA 92626 Mission Viejo,CA 92691 (714)241-4900(Voice) (949)588-3906(Voice) (714)241-4977(Fax) (949)588-3930(Fax) West Orange County One-Stop Center Santa Ana WORK Center 11277 Garden Grove Boulevard,Suite 101-C 1000 E.Santa Ana Boulevard Garden Grove,CA 92840 Santa Ana,CA 92701 (714)741-5020(Voice) (714)565-2600(Voice) (714)741-5546(Fax) (714)647-2602(Fax) CD� CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION PLAN The undersigned contractor agrees to implement the following affirmative acrion steps directed at increasing the utilization of lower income residents and business concerns located within the City of Orange,Orange County,California. 1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race,color,religion,sex,or narional origin. 2. Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers,and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible,make a good faith effort to recnrit for employment or training lower income residents from the City of Orange,and to award contracts to business concems which are located in or owned in substantial part by persons residing in the City of Orange through use of local advertising media; signs placed at the project site; and notificarion to community organizations and public or private institutions operating within or serving the project area such as Service Employxnent and Redevelopment(SER),Opportunities Industrialization Center(OIC), Urban League, Concentrated Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions,trade associarions,and business concerns. 4. Maintain a file of all low income area residents who applied for employment or training either on their own or on referral from any source,and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the City of Orange who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that afFirmarive action steps have been taken. 7. Incorporate the Section 3 Clause provisions in all subcontracts, and require subcontractors to submit a Section 3 Affirmative Acrion Plan. 8. List project work force needs for the proj ect by occupation,trade,skill level,and number of positions on the attached form"A",Estimated Project Work Force Breakdown. 9. List information related to subcontracts to be awarded on the attached form"B",List of Subcontractors. Company Name Street Address Signature City, State,Zip Code Title Date CD-5 ❑ CONTRACTOR'S❑ SUB-CONTRACTOR'S CERTIFICATION FOR SECTION 3 COMPLIAI�TCE APPOINTEE Please be advised that: (Company Name) (Company Address) hereby appoints (Name of Appointee) ,of (Present official status) (with company) as it's affirmative action officer. He/She has been given the authority to establish,dissminate and enforce the required action steps of Equal Employment and Secrion 3 clauses of the contract He/She may be contacted at (Address) (Telephone number) (Signature of President or Legal Counsel) (Printed name of Signatory) (Date) (City and State) CD-6 CERTIFICATION OF NON-SEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any locarion, under his control,where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments,and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violarion of the Equal Opportunity clause in this contract. As used in this certification,the term"segregated facilities"means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating azeas, timeclocks, locker rooms and other storage or dressing azeas, parking lots, drinking fountains, recrearion or entertainment areas, transportation, and housing facilities provided for employees which aze segregated by explicit directive or aze in fact segregated on the basis of race,creed,color, or national origin,because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained idenrical certifications form proposed subcontractors for specific time periods)he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause,and that he will retain such certifications in his files. NOTE: The penalty for maldng false statements in offers is prescribed in 18 USC.1001 Company: �� Title: Date: CD-7 COMPLIANCE WITH CLEAN AIR AND WATER ACTS (APPLICABLE TO FEDERALLY ASSISTED CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $100,000) During the performance of this contract,the contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1857 et seq.,the Federal Water Pollution Control Act,as amended,33 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. In addirion to the foregoing requirements, all nonexempt contractors and subcontractors shall fiunish to the owner the following: 1. A stipulation by the contractor subcontractors,that any facility to be utilized in the performance of any nonexempt contract or subcontract,is not listed on the list of Violating Facilities issued by the Environmental Protection Agency (EPA)pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act,as amended, (42USC 1857c-8)and Section 308 of the Federal Water Pollurion Control Act,as amended,(33 USC 1318)relating to inspection,Monitoring,entry reports and information,as well as all other requirements specified in said Section 114 and Section 308,and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for award of the contract,prompt notice will be given of any norification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract,is under considerarion to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include,or cause to be included,the criteria and requirements in paragraph 1 through 4 of this section in every nonexempt subcontract and requiring that the contractor will take such action as the govemment may d'uect as a means of enforcing such provisions. I have read this required information regarding the Clean Air and Water Acts which is evidenced by my signature. Signature Date CD-8 CONTRACTOR'S NOTIFICATION OF SUBCONTRACTS AWARDED CONTRACT NUMBER: PROJECT AREA: DATE: PROJECT TITLE: CONTRACTOR: Subcontractor's Name,Address and Telephone Employer Contract Estimated Dates Number ldentification Amount Crafts to be Used Number Startin Com letion NOTE: DOCUMENTATION TO BE PROVIDED BY CONTRACTOR WITHIN 10 WORKING DAYS OF AWARD OF ANY CONTRACT. The undersigned hereby certifies that each subcontractor or lower tier subcontractor has been notified in writing of his equal opportunity obligations. Signature Name and Title Telephone Number Contractor's Employer ldentification Number. _ CD-9 - ATTACHMENT"A" ESTIMATED PROJECT WORK FORCE BREAI�OWN COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 Job Category Total Estimate No.Positions Currently Occupied No.Positions No.Positions to be Positions by Perm.Employees Currently Filled with Lipar* Unoccu ied Officers/ Su ervisors Professional Technicians Housing/Sales/ RentaUM . Office Clerical Service Workers Others TRADE: Joume en Hel ers A renrices Trainees TRADE: Journe en Hel ers A rentices Trainees TRADE: Journe en Hel ers A rentices Trainees Total: *Lower Income Project Area Residents Contractor's signature Name and Title CD-10 U. S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(Appropriate Recipient):THE CITY OF ORANGE DATE: 300 East Chapman avenue,Orange,CA.92866 PROJECT NiJMBER(If any): c/o: PROJECT NAME: 1. The undersigned,having executed a contract with the City of Orange,Orange,California,for the construction of the above identified ro'ect,acknowled es that: (a) The Labor Standard Provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his sub-contractors and any lower tier sub-contractors,is his res onsibili ; 2.He certifies that: (a)Neither he nor any firm,partnership or associarion in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Secrion 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29 CFR.Part 5)or pursuant to Section 3(a)of the Davis Bacon Act,as amettded(40 U.S.C.276a-2(a)). (b)No part of the aforementioned contract has been or will be sub-contracted to any sub-contractor if such sub-contractor or any firm,corporation,partnership or association in which such sub-contractor has a substantial interest,is designated as an ineligible contractor ursuant to an of the aforementioned re lato or statuto rovisions. 3.He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any sub-contract,including those executed by his sub-contractors and any lower tier sub-contractors,a Sub-contractor's Certification concerning Labor Standards and Prevailin Wa e Re uirements executed b the sub-contractors. 4.He certifies that: (a)The legal name and the business address of the undersigned are: (b)The undersigned is: (1)A SINGLE PROPRIETORSHIP (2)A CORPORATION ORGANIZED IN THE STATE OF (2)A PARTNERSHIP (4)OTHER ORGANIZATION (Describe) (c)The name,title and address of the owner,partner or officers of the undersigned are: NAME TITLE ADDRESS CD-11 (d)The name and addresses of all other persons,both natural and corporate,having a substantial interest in the undersigned,and the nature of the interest are If none,so state : NAME ADDRESS NATURE OFINTEREST (e)The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are f none,so state : NAME ADDRESS TRADE CLASSIFICATION Contractor - BY: TYPE NAME AND TITLE DATE: CD-12 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB-CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(Appropriate Recipient):THE CITY OF ORANGE DATE: 300 East Chapman avenue,Orange,CA.92866 PROJECT NLJMBER(If any): c/o: PROJECT NAME: 1. The undersigned,having executed a contract with (contractor or subcontractor) for (nature of work), in the amount of $ in the construction of the above identified ro'ect,certifies that: (a)The Labor Standard Provisions of The Contract For Construction are included in the aforesaid contract; (b)Neither he nor any finn,corporation,partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Secrion 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29 CFR.Part 5)or pursuant to Section 3(a)of the Davis Bacon Act,as amended(40 U. S.C.276a-2(a)). (c)No part of the aforementioned contract has been or will be sub-contracted to any sub-contractor if such sub-contractor or any firm, corporation, partnership or association in which such sub-contractor has a substantial interest, is designated as an ineligible contractor ursuant to an of the aforemenrioned re lato or statuto rovisions. 2.He agrees to obtain and forward to the contractor, for transmittal to the recipient,within ten days after the execution of any lower sub-contract,a Sub-contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements,executed by the lower tier sub-contractors,in duplicate. (a)The worl�en will report for duty on or about (Date). 3.He certifies that: (a)The legal name and the business address of the undersigned are: (b)The undersigned is: (1)A SINGLE PROPRIETORSHIP (2)A CORPORATION ORGAI�iIZED IN THE STATE OF (2)A PARTNERSHIP (4)OTHER ORGANIZATION (Describe) (c)The name,title and address of the owner,partner or officers of the undersigned are: NAME TITLE ADDRES S CD-13 (d)The name and addresses of all other persons,both natural and corporate,having a substanrial interest in the undersigned, and the nature of the interest are(If none,so state): NAME ADDRESS NATURE OFINTEREST (e)The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are(If none,so state): NAME ADDRESS TRADE CLASSIFICATION Sub-contractor BY: TYPE NAME AND TTTLE DATE: CD-14 Contractor's Certification regarding Lobbvins activities usin�Federal Funds (Federal Fiscal Yeaz October 1,20_to September 30,20� I, ,hereby certify on behalf (Contractor/Subcontractor) of ,that (Contractor/Subcontractor) (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the maldng of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instrucrions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperarive agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transacrion was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U. S.Code.Any person who fails to file the required certificarion shall be subject to a civil penalty of not less than$10,000 and not more that$100,000 for each failure. Executed this day of ,20 By: (Signature of authorized official) (Title of authorized official) Contractor/Subconiractor CD-15 ATTACHMENT NO.2 LABOR RELATIONS [Behind this sheet] 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&Weekly statement of compliance. (WH-347) 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 WFi-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 CC-257) LR-9 Final Minority Business Enterprises Utilization Report. (HC-43/CEM-2402F) The following forms shall be posted by the contractor in conspicuous places where they can be easily read by anyone concerned. LR-11 Notice of Equal Employment Opportunity LF-12 Notice of Section 3 Commihnent LR-13 Notice to all employees working on Federally Funded Projects _ _ U:S; Department of Labor ;; PA .. YROLL wage and Hour Division For Contractor's O tional Use;See Instructio�s at www:dol, ov/whd/forms/wh347instr.htm " � P.�. _ 9. . _. ) t1:s.�V:igt:�nd Hout I?i��isic�tr. Persons are not requi�d to respand to the colfection of/nformatlon unless if disp/ays a currently valid OMB contro!number Rev:Dec.2008 ,� NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS 0.. �.: OMB:No.:1235-000:8.: xpires; .. PAYROLL NO. . FOR WEEK ENDING: : PROJECT AND LOCATION PROJECT OR CONTRACT N0.... �1) (2) (3) (4)DAY AND DATE:' (5) :I: . �g� �7� �9�. 8 . . .ZN . .. .:F. . . . . . . . . . . .'DEDUCTIONS .' . . . . . . . . . .. �-zo ... . . w . . .. . ... . ... . .. . . . . . . o � .. . :.�. - . . . . . .. . . � . :. . .. . : : N� .. . . NAME AND INDIVIDUAL IDENTIFYING NUMBER ,�_� _ � GROSS WITH- WAGES (e.g.,LAST.FOUR DIGITS OF SOCIAL SECURITY °��y WORK o ' TOTALI RATE AMOUNT HOLDING TOTAL PAID ,, , NUMBER OF WORKER z i 0 CLASSIFICATION HOURS WORKED EACH DAY _..HOURS OF PAY EARNED FICA TAX OTHER. DEDUCTIONS FOR WEEK._,,, _ S .. �.: : . .. . . �. . . .: : . �.: . �.:0: .. ".: .. ".: � .. ".: : .. -.: : . _ . .. . . ... . . ... . ... . ... . ... . . .. . . ... . . ... . . ... . . ... . . . . . .. . . ... . . ... ... . . ... .. . . .. . . . . . . . . . .. . S .. . . .. . . . .. . . . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .. . . . . .. . .. . .. .. . .. _ .. . .. . . . . .. . .. . ...... .. . ' ... .. .... ... O ..... .. . . .... . ....... .... .. ....... ...... ...... . .... ......." .......' ...... ' ... . . , . . . . . . . . . . . . . . . . . . . .�. . . .. .. . . .. . . . . . . .. .. .. .. . .. . .. .. . .. . . .. .. . .. .. . . .. . . .. . .. .. . .. . . .. . . .. .. . . . . . . .. . .. . . .. . .. . . .. .. ., .. . .. .. . .. .. .. . .. ., . . .. .. .. . .. .. . . . , .. .. . . .. . .. .. . . .. . .. .. . .. .. . ,. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . ... . .. . .3. .. . .. . .,. . . ... . . .. . . ... . . ... . . . . ... . . ,. . . . . . . . . . . . . . . . . . .. . . .. . . .. . . . .. . . . .. . . . .. . . . .. . . . .. . . . .. . . .. . .. . � . . .� � .. :O' .. ..� : ..' : ' ..� : ' ..� : � ..� �. � .. . � � . ' .. . - .. . . . . . .. . . .. .. .. . .. . . . . . . . . . . . . . . .. .. . . . :�..--. . ..- . . . . - - . . . .. . .. . . . .:S: .. .. . . .. . _. .. . .. .. '..� .'� . . ' . � � . . . . " . . . ... . ... . .. . ... . . . . . ,.. . ... . . ... . . .. . . . . . ... . ... . . ... . . . . . . ... O . " . . .. ..... ._. . ... .. .. .. . ... .,. _.. .. _. .. .. . . .... . .. . � .. . .. ' . _. '.. . . . . S . . : . �.' .. � : .. .: _ .. .: ' . '.: : . �.: ' . . _ ' . . . . . . . ... . �. . :O: . . � .". .' .�. :.; . . .. ..�. '. . . �' : : . � . . ... .... .. . . . .. ...g� . . ...... ...... .......' ...... .... .. . . .0.. . . . . . . . .. . . . . . . .. . .... . . . . . . ..� .. .. . ' � g .. : . : . . . . ' ..' ' . ' .. _ ' .. ' . � � ..' : " .. . � . . . . . .. .. . . . . . . . . .. . . . . .. .. . .. .. . . . . . . . ' . .. .. " . . �_ .. . . . . .. . . . . . . p .' . . . . . . . . . . . . . . . . . . 5 � " . . . � . ... ... ... .. .� .. � .......� .. ....� .... .. ....... .......� .......� .......� ....... .......� ...... .......� . . . .. . Whila compietion of Form WH-347 Is optional,It Is mandatory for covered.contractars and subcontractors performing worlc on F.ederally Flnanced or assisted consWcUon:contracts to.respond to the Informadon collection contalned In 29 C.F.R:§§3.3,5.5(a).The Copeland Act'-. ' (40 U.S.C.§3145)C6ntraetors and suticorit�actors parfoiming work on Federally flnanced'or assl'sted constriictibn ConVacts to'Yurtmish weekly a'statement with respect to the wages:paid each employee tluririg the prebeding'week." U.S,�epaitment of l:alior(DOL)regulatiorie at 29 C.F.R.§5.5(a)(3)(II)require contractors to submlt.weekly a copy of.all payroils to the Federal agancy contracting for or flnancing the cansWction proJect,.accompanled by a signed°Statement of Compilance"indlcating that the payrolis are corred and complete.and that each laborer or mechanic has been paid.not less than the proper Davis-Bacon prevailing wage.rate for the work perfortned.DOL end tederal contracting agencies receiving this infortnation review the infortnation to determine that employees have received Iegally required wages and finge benefits. _.. Public Burden Statement We estimate.that:is will take an average of 55:minutes to complete this collection,including time for reviewing instrudions,searching existing data sources;gathering end maintaining the data:needed,and completing.and reviewing.the.collection of inTortnation.If yau have: any wmments regerding these estimates or any otfier aspect of 4Fiis collection,including suggestions for reducing this burden;send them to 4Fie Administrator,lNage and Hour Divis'ion,U.S.DepaiEment of Lebo�,Room 53502,200 Constitution Avenue,N.W. Washington,D.C.20210. _. _ (over) . _ '. .. _..... : Date (b).WHERE PRINGE BEN��ITS ARE PAID IN CASH �� — Each atiorer br me hanio l sted in the above referenced payroll has b en aid 0 P I c i e (Name of Signatory Party):. (Title): as indicated on the payroll,an amount not less than the sum of the applicable:� do hereby state: basic hourly wage rate plus the amount of the required fri�ge benefits as listed in tfie contract;except as noted in section 4(c)below. , _.. _ (1)That 6 pay_or supervise the paymenY of_the persons�employed:by _. (c)EXGEPTIONS ont e. .. (Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION ' •that durin the a roll enod commencing on the._... � 9 P Y._.P..� (Building oP Work): .: .. . - , and ending the day of day of .. , _ . . . all persons employed on said project have been paid the:full weekly wages eamed, that no rebates have been ar will be made either directly or indirectly tb or on behalf of said from the full _ .. _ .. (Gont�actor or Subco.ntractot) weekly wages earnetl by any person and that no:deductions have been made either directly:or indirectiy :. : from the full wages eamed by any persorr,other than permissible deductions as defined in Regulations,Part 3(29 C.F.R.:Subtitle A),issued by the Secretary of.Labor under.the Copeland:Act;as amended(48 Stat.948, .: 63 Stat:108;72 Stat.967;76 Stat.357;40 U.S.C:§3145),and described below: REMARKS: .. . _ . . . (2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less:than the applicable wage rates contained:in any wage:determination_incorporated into the contract;.tfiat the classifications set forth therein for each laborer_o�mechanic:conform with th:e;work he perfo�med. _ _ (3)That any apprentices employed in the above period are duly registered in�bona fide apprenticeship program registered with a State apprenticeship agency recognfzed by the Bureau of Apprenticeship and Trainin United 5tates Department of Labor,or if no such reco n¢ed.a enc exists in a State,are registered 9,, . � _ . 9.�.. . 9 Y.. with the Bureau of Apprenticeship and.Training,United States Department of Labor.: (4)That:: a,neenrvo E IGNATURE (a)WNERE FRINGE BENEFITS ARE PAID TO APPlZOVED PLANS,FUNDS,OR PROGRAMS N TITL S �. . — in addifion to the basic:hourly wage rates paid to each labore�:oi:rnechanic:lisfed:in : . the above referenced payroll, payments of fringe benefits as listed in the.CO�trBCY THE W ILLFUL:FALSIFICATION AF ANY OF.THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR . hBVe bBelt O!'.will:be R18d210 epp�Op�BI@:p�OJt"dfI1S fOf 1he.bEflBfit Of SUCh ertIPIOy@@S, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION.1001 OF TITLE�8 AND SECTION 231 OF TITLE. BXCBPt 8S fl0ted ifl S@CtlOf1 4(C�b210W. 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. 8. 9. number and Contractor's License No.of Classification. of equipment and/or Equipment or S M T W T F S Total Rate of Gross Check Owner Operator(If any) Pay. Amount Number License No. ST Hours Earned HOURS WORKED EACH DAY O S O S O S O S O S O S LR-3 DEPARTMENT OF PUBLIC WORKS STATEMENT OF COMPLIANCE FORM HG59 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 eamed,that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly earned by any (Contractor or Sub-contractor) person and that no deducrions have been made either d'uectly or indirectly from the full sums eamed by any person,other than permissible deductions as described below: 276c),and described below: (2)That any payrolls or listings othervvise under this contract required to be submitted for the above period aze correct and complete;that the wage rates for the laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage deternvnation incorporated into the contract;that the classification set forth therein for each laborer or mechanic conform with the work he performed. (3)That any apprentices employed in the above period aze duly registered in a bona fide apprenriceship program registered with a State apprenticeship agency recognized by the Bureau of Apprenriceship and Training,United States Depariment of Labor. (4)That: (a)WHERE FRINGE BENEFTTS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS � In addirion to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll or listings,payments of fiinge benefits as listed in the contract have been or will be made to appropriate pmgrams for the benefit of such employees,except as noted in Section 4(c)below. (b)WHERE FRINGE BENEFITS ARE PAID IN CASH � Each Laborer or mechanic listed in the above referenced payroll or listings has been paid as indicated on the payroll,an amount not less than the sum of the applicable basic howly 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 REMARIZS NAME AND TTTLE SIGNATURE THE WILLFUL FALSIFICATION OF THE ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONT'RACTOR OR SUB CONTRACTOR TO CNIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNTl'ED 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 TO:name: R Welfare: $ address: I Pension: $ PAID TO:name: N Vacarion/ address: G Holiday: $ PAID TO:name: E Training& address: Benefits Other: $ PAID TO:name: TOTAL: $ address: CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE or TRAVEL PAY:$ F Health& PAID TO:name: R Welfare: $ address: I Pension: $ PAID TO:name: N Vacation/ address: G Holiday: $ PAID TO:name: E Training& address: Benefits Other: $ PAID TO:name: TOTAL: $ address: CLASSIFICATION: EFFECTIVE DATE: SUBSISTENCE or TRAVEL PAY: $ F Health& PAID TO:name: R Welfare: $ address: I Pension: $ PAID TO:name: N Vacation/ address: G Holiday: $ PAID TO:name: E Training& address: Benefits Other: $ PAID TO:name: TOTAL: $ address: Supplemental statements must be submitted during the progress of work should a change in the rate of any of the classificarions be made. SUBMITTED:Contractor/Sub-contractor BY: TITLE: LR-5 1. U.S.DEPARTMENT OF MONTHLY EMPLOYMENT 1.Covered area(SMSA or EA) 3.Current Goals 4.Reporting Period LABOR Em lo ent Standards Administration,OFCCP UTII.IZATION REPORT Minority: From: This report is required by Executive Order 11246,Sec.203.Failure to report can result in 2.Employers ID Number Female: To: contracts being canceled,tertninated or suspended in whole or in part and the contractor may be declared ineligible for further Federally assisted Govemment construction contracts. Name and address of the Contractor Federal Funding Agency 6.WORK HOURS OF EMPLOYMENT ederal&Non-Federal 5 6a. 6b. 6c. 6d. 6e. 7 8 9 10 CONSTRUCTION TOTAL ALL B L A C K ASIAN OR AMERICAN Minority Female TOTAL Total No.of TRADE Classification EMPLOYEES (not of HISPATIIC PACIFIC INDIAN OR Percentage Percentage Number of Minority BY TRADE Hispanic origin) ISLANDERS Alaskan Native Employees Employees M F M F M F M F M F M F M F Joumey 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 GRAND TOTAL 11.Company official's signature and Title 12.Telephone Number(Including Area Code) 13.Date signed: PAGE OF LR-6 INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT(Form CC-257) The monthly Utilization Report is to be completed by each subject contractor(both prime and sub)and signed by a responsible official of the company.The reports aze to be filed by the Sth day of each month during the term of the contract,and they shall include the total work-hours for each employee classification in each trade in the covered azea for the monthly reporting period.The prime contract shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's ag�egate work force to the Federal Compliance Agency that has Execurive Order 11246 responsibility.(Additional copies of ttris form may be obtained from the U.S. Department of Labor,Employment Standards Administration,OFCCP's regional office for your azea). 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 Norice 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 Depariment Form 941). 3.Current Goals(Minority and Female)..... See Contract Notification. 4.Reporting Period.................................... Monthly,or as d'uected by the compliance agency,beginning with the effecrive 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 _ STATE OF CALIFORNIA�DEPARTMENT OF TRANSPORTATION: .. . _. �� ADA NotiCe FINAL REPORT r UTILIZATION OF:QISADVAN:TAGED'BUSINESS ENTERPRISES : For�odryid�a�s:��5ensoiy a�aeoittes,this document is avaNeble in aitemafe � FlRST-TIER SU_BCONTRACTOR$ ra�,a�. For intormetion;ca�l(916)445=1233,mr��;or wdte to Recortls .and Fortns Management;1120 N Street,MS-89,Saaamento,CA 95814. CEM-2402F(Rfi1l 9/2014j ------~--. ----'---- . — : . CONTRACT NUMBER . : COUNTY " 'ROUTE POST M1LES ' FEDERAL AID PROJECT NUMBER ADMINISTERING AGENCY Y 'CONTRACTCOMPLETION DATE I I . ��.a�_��._�..�- , _ _�.. A _�r ��____� PRIME CONTRACTOR " 'BUSINESS ADDRESS ESTIMATED CONTRACTAMOUNT _..... � .. S , DES'CRIYTION:OF CONTRACTPAYMENT ". ; 1TEM . ' WORK PERFORMED. COMPANY NAME' ': : ""'"'�""'—":'�` . NO.: AND: AND BUSINES$AODRESS �� CO �ER7 ' .. ,. M NITAL ` DA M WORE DAPE O FLET AY NIJ#d�Ef�. NON-DBE '! DBE 11DBE MATERIALS PROVIDED 4 , �. i � . i ,5: i�5 .. _ � j � _ . S 3 . . ... . . ' :. . �: :..._ . �.... g � ..... . �..: . . . :. : �: ; g. ,.�. , { � t� } . . _.;.�" _..:..� _. � . . ... : _ � 5 . S: � � ; . � _:. � ,. . S �"5 � . �.�: : 5 S :. : _ _. . _ _. _ S.. _ :5 S. -.: 'S . �. ... � _� � _ .__ ,. �ORIGINAL COIIAMI7INENT � � � � � � � � � � .� � � � _ _ _. . T��'AL S s f 5 _ . _ �_.-______� DBE/UD.BE.. Ust ali First Tier Subcontractors,D(sadvantagsd Business Enterp►ises.(DBEs)and underuUlized DBEa(UDBEs)regardless of tter,whether or not the ftrtns w�re originalfy ilsted for goal aradtt If actuai UDBE utilization{or kem of work)was dffferent than that approved at the time of award,provide commerrts on the following page after the insWctlons: List.actual�mou�paid to each enHty. _._ _ _ _ I CER7IFY:THAT THE.ABOVE INFORMATION IS COMPLETE AND CORRECT : .. . _ ' CONTRACTOR'REPRESENTATIVE'S SIGNATURE BUSINESS PHONE NUM6ER' OA7E � .. . d CERTIFY:7HA7 THE CONTRACTING'RECORDS ANO ONSITE PEFtFORMANCE OF THE DBE(S)HAS BEEN MONITORED ' RE5IDENT ENG NEER'S 51 SIN 5S P Qq�� : COPY DISTRfBUTION..Celtrans contracts: Original.District CensWction Copy-Contractar Copy.Re'sident Engineer Copy.OBEO.ema��usiness,support:unitB?dot.ca aoti COPY DISTRIBUTION:Local Agency contracts: Original-Local:Agency Residant Engjneer Copy-�istrict Lacal Assisfance Engineer Copy=Loeat Agency file- : . - � (Submitted with;the Repart officpendihlres).: .. : . . . .. - � LR-9 : .... _.. " . STAlE OF CALIFORNIA•.DEPARTMENT OF 7RAN5PORTATION " FINAL REPORT-UTILIZATION.OF DISADVA.NT.AGED BUSINES$ ENTERPRISES. . _ FIRST-TIER.SUBCONTRAGTORS CEM-2402F(REV 912014) . . :.... .. Instructivns .. Contracts advertised;on or before June 15, 2012 may contain Underutilized Disadvantaged:: . Business Enterprise goals (UDBE). Participation for UDBE firms:must be reported:in the UDBE colurnn. Contracts adv.ertised:after June. 15, 2012 may contain Disadvantaged'Business Enterprise . . . (DBE) goals. Participation for contracfs advertised after:June 15, 2012 must be reported as DBE. This form has three columns for entering the dollar value for the item(sj of work performed or provided by : .. the.firm. The N.on-DBE.column is used.to enter the dollar value of work perFormed by first-tier . ,. .. subcontracting frms who are not certified_as a DBE or UDBE. The DBE column is used to enter the dollar.value.of work performed by firms that do not fall,into the.UDBE : category as define.d:below. The UDBE column is used to.enter the dollar value of work performed by firms who fall under one=of_the follouving undecutilized groups: • Black American •.Asian Pacific.American •:Native American • Women :: : . DBE and UDBE prime:contractors are required to show tlie corresponding dollar value of work performed by their own.forces.: _ : . . If:a frm performing work as a'DBE or UDBE on the project becomes decertified and still performs:work after . the decertification date, enter the total value performed by:ttiis firm under the appropriate DBE and UDBE identification column. If a subcontractor performing:work as a non:-DBE on the project pecomes certified,as a DBE, enter.the doUar value:of all work performed .after certification:as a DBE under:the appropriate . . : : : . identification column. Any changes to DBE certification,must also be submitted on Form CEM-2403F. Enter:the Date Work Completed as well as the:Date of Final Payment (the date when the prime contractor made the "final payment" to the firm for:the portion of work:listed as 6eing completed). DBE and:UDBE prime contractors are required to show:#he date of work performed by their own forces. U.se the comments section to explain any differences in the originaE commitment and the final utilization of DBE and UDBE firms. The contractor and the resident.engineer sign and:date the form indicating that the information provided is : complefed and.correct and the DBE paperwork and worksites have been monitored for participation. LR-10. NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY Bid No.189-21;Proiect SP-4075;CDBG FY 2018-19 CDBG—Americans with Disabilities Act(ADA)Wheelchair Access Ramn Replacement at Various Locations To: Name of Labor Union,Worker's Representative,etc. Address The undersigned currently holds a contract with the City of Orange involving federally assisted construction funds for Arterial Highway Rehabilitarion Program(AHRP)or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion,sex,or national origin.This obligarion not to discriminate in employment includes,but is not limited to the following: HIRING�PLACEMENT�UPGRADING,TRANSFER�OR DEMOTION� RECRUITMENT�ADVERTISING�OR SOLICTTATION FOR EMPLOYMENT� TREATMENT DURIlVG 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 norice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Name of Contractor Address Signature and Title Date LR-11 NOTICE OF SECTION 3 COMIVIITMENT Bid No.189-21:Proiect SP-4075;CDBG FY 2018=19 CDBG—Americans with Disabilities Act(ADA)Wheelchair Access Rama Replacement at Various Locations 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 Community Development Block Grant funds from the U.S.Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obliged, to the greatest extent feasible, to give opportunities for employment and training to lower income persons residing within the city where the project is located,and to award contracts for work on the project to business concems which are located in or are owned in substantial part by persons residing in the city. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act 1968. A copy of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Name of Contractor Address Signature and Title Date LR-12 _. .. . .. _ . _ _ _ . . . . U�DER T�IE D�1�IS-BAG�}N A�T . - • : � - . �.. ., l � t s � . � �,` !, ' � � �' � � �' 1 �. � � � � � � � PFLEU,AILING voumustoep�anoarsssv�.arivsew�a�a*��sseammans,ns-eas�nd�ra�a�ecysranpasa�a . vsrrtte tn�s rta�lce tar ma vmnc yau p�afortn: WAt3E3 . CII�ERTIM E Ynu enust.Le pstd na�5�ss t3t�n ons end aa�e=lt�§Y 4aates yo-�.T basic rate oT:Pe7l:far aIt hours vs�orlt�A � � ' � , axtr�LD tn a rvaric�L�e�k.�hare'sxe tew e�. _ ' . . . . . . . . . . . .. . . . . -- - . . .,. . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .. .. . . ..... . . . . . . . . . . . . . . _ . . . . . .. . . . .. ... . . ... .. . ... . .. ... . . ... . . . .. . . . .. . . . . . . . . . . . . . . . . . . . .. . . . .. .. . . .. . . . . . . . . . . . . .. . . . .. . . . .. . . . .. . . . EP/FORG�NIEE'�IS GasatrectpayrJaentst�tsda�wi3hhetata�rsurer�vnrl�rsrec�ievie�sanmov�nm6psytiue,enc . . . .. . . ,. Ilqvt��l tlarnsges mvY e�Pty!tt auertirn�s PaY r�LLY�meus�ers no�meL Davls-Bacon canSrect :. , . . cta�es$'Sovr�i�trs�c[6em�;fi3tlon e�,tl daCrarrneM nf cantr�'Oars[a��si TatGrre 6&tler&t�Mr�c35 for: . . . . - . . � �uptaShre3ye�FlG�xe,GtarwYmfslsU(esc�rilt:'�c9p�y?4t9facaac9scxr�tnQ�nces�s�lmckh�CKs . . . ' . . . . . . rtmy ps��m�N11 o,r crtrt�!prasecutlanr nnes anqllnr�np�ssanrnen� A�AFi�R1TiG�S, �PRrentic�r�tas aPP'Y�9to epprerrttces F�P�Y��;er�un�r appio�reC Feae�ar sta°s ePPrentic�ship�ra�ms:. PRBPER PAY it yau iia not recelv�a prapar pgyt cx ia+quYei RirShe�r t[GamiaTlnn an tha spp1�tvegss,contact . . . . . . Ihe Cn�tri�ctirs�UtIICai 115tat!C81u�tF' : . . .. . . . :. . . . . .. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .. - : : . . .. :�:�: -� arcositsct�tne Gts.�eparcr�aeni m�aaorS.Vrage�sm raow Darislo2. � �� . � � - � � � J_'�^,J . � �! i ` W �_ '� ,:'` . . :� � •:� v• �{Lj�.Tr , .. . . . . �J: '_ti� . . . . . .. . . . . . .. . . . .. . . . . . .. . . . . . . . . . .. ... . . . . . . . , . .. . . . .. . . LR-13 ATTACHMENT NO.3 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-Clerks office.] 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-Clerks office.] FEDERAL STANDARD SPECIAL PROVISIONS This project is funded with Federally assisted Community Development Block Grant program (CDBG) administered by the Federal Department of Housing and Urban Development (HUD). The following requirements of the Secretary of HUD as set forth iri 23 CFR 135 published in volume 35 Federal Register 29220 of October 23, 1973 and issued pursuant to Section 3 of the U. S. C. 17001 u, shall appy to this contract. FS-2 CDBG Contract Compliance Requirements. FS-5 CDBG Special Provisions. FS-8 Federal Equal Employment Opporhxnity(EEO)Requirements. FS-15 Section 3 Affirmative Action Requirements. FS-1 CDBG CONTRACT COMPLIANCE REQUIItEMENTS REQUIREMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'5 OBLIGATION RE5PONSE PERIOD 1. Equal Employment Opportunity requirements for contracts in excess of$10,000.00 a. Employment goals Meet minority and female employment Meet minority and female employment Binding for duration of construction goals or provide evidence of good faith goals or provide evidence of good faith contract effort effort b. Certification of Nonsegregated Facilities Submit certificarionl Submit certification2 Prior to contract award c. Certification with Regard to the Performance of Previous Prior to contract award Contracts or Subcontracts Submit certificationl Submit certification2 Subject to the Equal Opportunity Clause and the Filing of Required Reports d. Federal EEO Provisions Bind subcontractors to Federal EEO Bind subcontractors to Federal EEO Prior to contract award e. Contractor's Notification of provisions for contracts over$10,000.00 provisions for contracts over$10,000.00 Subcontracts Awarded Submit notification3 Within 10 working days of award of any subcontract over$10,000.00 f. Notice of Equal Employment Submit EEO notice to unions or Submit EEO notice to unions or Prior to commencement of construction Opportunity representative of workers 1 representative of workers2 work g. EEO Poster Post EEO poster at construction site Prior to commencement of construction work FS-2 REQUIREMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'S OBLIGATION RESPONSE PERIOD h. Monthly Employment Submit monthly report4 Submit monthly report5 Submit report at the end of the month of Utilization Report(CC-257) work;contractor's reporting obligation extends from start of construction until completion i. Contractor's List of Federal and Submit with monthly report`} Submit with monthly report5 Submit with initial monthly report; Non-Federal Work in Bid subsequently when changes in Condition Area construction work occur 2. Federal Labor Standards requuements (applies to all contractors if prime contract exceeds$2,000.00) a. U.S.Department of Labor(DOL) Post DOL Wage Decision at construction Prior to commencement of construction Wage Decision site work b.Weekly Payroll Report, Submit payroll report with properly Submit payroll report with properly Submit within seven days after wage including Statement of completed Statement of Compliance completed Statement of Compliance payment Compliance signed by owner,officer or designated signed by owner,officer or designated employee;written authorization required employee;written authorization required for designated employeel for designated employee2 Report contractor's Internal Revenue Report contractor's IRS ID number on Service identification(IRS ID)number on first payroll report first payroll report Report the contract number on each Report the contract number on each payroll report payroll report Sequentially number payroll reports with Sequentially number payroll reports with the last payroll report marked"Final" the last payroll report marked"Final" Report each worker's name,address and Report each worker's name,address and social security number(SSN)on the first social security number(SSl�on the first payroll on which the worker's name payroll on which the worker's name appears appeazs Report work classification that are listed Report work classification that aze listed in the DOL Wage Decision in the DOL Wage Decision FS-3 REQUIREMENTS CONTRACTOR'S OBLIGATION SUBCONTRACTOR'S OBLIGATION RESPONSE PERIOD c. Minimum wage payment Pay proper wages,including fringe Pay proper wages,including fringe Binding for duration of construction benefits,as specified in the DOL Wage benefits,as specified in the DOL Wage contract Decision Decision d. Labor Poster(WH 1321) Post labor poster at construction site Prior to commencement of construcrion work e. Employment of apprentices Employ apprentices only from bona fide Employ apprentices only from bona fide Submit apprenticeship documentation apprenticeship progratn and submit apprenticeship program and submit with payroll report when apprentice apprenticeship papersl apprenticeship papers2 employrnent is reported 3. Section 3 requirements(applies to all Provide employment or training Provide employment or training Binding for duration of construction contractors) opportunities to lower income residents, opporiunities to lower income residents, contract and business opportunities to business and business opportunities to business . firms in project area firms in project area a. Contractor's Section 3 Submit notice to labor unions or Submit notice to labor unions or Prior to commencement of construcrion Commitment Notice representative of workers representative of workers work b. Contractor's Section 3 Submit completed planl Submit completed plan2 Prior to contract award Affirmative Action Plan 4. Minority Business Make good faith effort to award a fair Make good faith effort to award a fair Binding for duration of construction Enterprise/Women's Business share of contracts to MBE/WBEs shaze of contracts to MBE/WBEs contract Enterprise(MBE/WBE) requirements 5. Certification regarding lobbying Submit certification if applicablel Submit certification if applicable2 Prior to commencement of construction (applies to contract in excess of work $100,000.00) 1.Forward copy to the contract awarding agency for retention in contract file. 2.Forward copy to the prime contractor who in tum will submit document to the conhact awazding agency for filing. 3.Forwazd copy to the contnct awazding agency. 4.Forward report to the contract awarding agency 5.Forwazd the report through the prime contractor to the contract awazding agency. FS-4 Special Provisions for Community Development Block Grants(CDBG) Based upon the requirements of the rules.and regulations of the Housing and Community Development Program, Executive Order No. 11246 and Federal Management Circular 74-4 and 74-7, the following provisions must be included in all contracts paid for in whole or in part from CDBG funds as indicated. The followinF must be included in all contracts and subcontracts: 1. Termination of Contract. In the event that any of the provisions of this contract aze violated by the contractor of by any of his subcontractors,the Contracting Agency may serve written notice upon the contractor and the Surety if any of its intention to terminate the contract,such notices to contain the reasons for such intention to terminate the contract and unless within ten(10)days after the serving of such notice upon contractor, such violations or delay shall cease and sarisfactory arrangement of correction be made,the contract shall,upon the expiration of ten (10) days, cease and temunate. In the event of any such temunation, the Contracting Agency shall immediately serve notice thereof upon the Surety and the contractor and the Surety shall have the right to take over and perform the contract; provided,however, that if the Surety does not coxnmence performance thereof within ten(10)days from the date of the mailing to such surety of notice of termination,the Contracting Agency may take over the work and prosecute the same to complerion by contract at the expense of the contractor,and the contractor and his Surety shall be liable to the Contracting Agency for any excess costs experienced by the Contracting Agency thereby and in such event the Contracting Agency take possession of and use in completing the work,such materials,appliances and plant as may be on the site of the work and necessary therefore. 2. Clean Air and Water Pollution Control Acts. The following requirements are part of every contract,subcontract and subloan exceeding$100,000. a. The contractor agrees that no facility to be used in the performance of any non-exempt contract or subcontract is listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. b. The contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act,as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection,monitoring, entry,reports,and information,as well as all other requirements specified in said Section 114 and Section 308,and all regularions and guidelines issued thereunder c. The contractor will give prompt notice of any notification received from the Director of the EPA,Office of Federal Activities or any agent of that office, that a facility used or to be used for tlus contract is under consideration to be listed on the EPA list of Violating Facilities. d. The contractor agrees that he will include or cause to be included the criteria and requirements in paragraph (a.)through(d.)of this section in every non-exempt subcontract and requiring that the contractor will take such action as the Government may direct as a means enforcing such provisions. 3. Federal Bonding Requirements. In all contracts for construction in excess of$100.000,contractor shall provide at least the minimum bonding requirements as follows: a. A bid guarantee equivalent to five percent(5%)of the bid price. The"bid guarantee"shall consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder will,upon acceptance of his bid,execute such contractual document as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent of the contract price. A"payment bond"is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. [Source: Federal Management Circular 74-7 Appendix B.] FS-5 4. Federal Labor Standards. "Except with respect to the rehabilitation of residenrial property designed for residential use for less than eight families,all contractors engaged under contracts in excess of$2,000 for the construction, prosecution,completion or repair of any building or work financed ion whole or in part with assistance provided under this Contract shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act, Sa (Davis- Bacon Act),governing the payment of wages and the ratio of apprentices and trainees to journeymen,provided, that if wage rates higher than those required under such regulations are imposed by state or local law,nothing thereunder is intended to relieve the contractor of its obligation, if any, to require payment of the higher rates. The contractor shall cause or require to be inserted in full, in all such contracts subject to such regularions, provisions meeting the requirements of Federal Labor Stand Provision 29 CFR 5.5 and, for such contracts in excess of$10,000 29 CFR 561.3." 5. Non-Discrimination. The contractor, in any acrivity directly or indirectly financed under this contract shall comply with: a. Title IV of the Civil Rights Act of 1964 (Pub. L. 88-352)and the regulations issued pursuant thereto (24 CFR Part 1),which provides that no person in the united States shall on the grounds of race,color,or national origin, be excluded form participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program or acrivity for which the contractor received Federal financial assistance extended to the applicant, this assurance shall obligate the applicant,or in the case of any transfer of such property,any transferee,for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits. b. Title VIII of the Civil Rights Act of 1968(Pub.L.90-284),as amended,administering all programs and activities relating to Housing and Community Development in a manner to affumarively further fair housing in the sale or rental of housing,the financing of housing,and the provisions of brokerage services. c. Section 109 of the Housing and Community Development Act of 1974,and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no person in the United states shall on the ground of race, color, narional origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under,any program or activity funded in whole or part with funds provided under the Part. d. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. [Source: F.R.Vol.43,No.41,Part 570307(LI-4)] 6. Non-Interest of Public Employees. "No member, officer,or employee of the contracting agency or the City of Orange or its designees or agents, no member of the governing body of the locality in which the program is situated and no other public official of such localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter,shall have any interest direct or indirect in any contract or subcontract or the proceeds thereof,for work to be performed in connection with the program assisted under this contract. [Source: F.R.Vol.43,No.41,570307(j)] 7. Lead Based Paint Prohibition. The construction or rehabilitation ofresidential structures with assistance provided under this contract is subject to the HUD Lead-Base Paint regularions,24 CFR Part 35. Any grants or loans made for the rehabilitation of residential structures with assistance provided under this Contract shall be made subject to the provisions for the elimination of lead-base paint hazards under subpart B of said regulations and the contractor shall be responsible for the inspections and certifications required under Section 25.14(fl thereof. [Source: 24 CFR Part 35] 8. Accessibility/Usability of Facilities and Buildin fg or Physically Handicapped. The contractor, in any activity directly or indirectly financed under this contract shall require every building or facility(other than a privately owned residential structure)designed,constructed or altered with funds provided under this Federal Block Grant Program to comply with the"American Standard Specifications for Maldng Buildings and Facilities Accessible to,and Usable by,the Physically Handicapped," Number A-117.1-R 1971,subject to the exceptions contained in 41 CFR 101-19.604. the contractor will be responsible for compliance with these specificarions and to insure compliance by every subcontractor. [Source: F.R.Vol.43,No.41,Part 570.307(k)] FS-6 9. Negotiated Contracts. For all negotiated contracts the grantee,the Federal grantor agency,the Controller General of the United States or and of their duly authorized representatives, shall have access to any books,documents, papers and records of the contractor which are directly pertinent to a specific grant program for the purpose of making audit,examination,excerpts and transcriptions. [Source: Federal Management Circular 74-7 Appendix 0(9i)] FS-7 FEDERAL EQUAL EMPLOYMENT OPPORTLTNITY/ AFFIRMATIVE ACTION REQUIREMENTS 1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract,the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The contractor will take affirmative action to ensure that applicants aze employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collecrive bargaining agreement or other contract or understanding,a notice to be provided,advising the said labor union or workers'representarive of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. e. The contractor will fiunish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor, or pursuant thereto, and will pemut access to his books, records, and accounts by the City of Orange, United States Department of Housing and Urban Development (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further govemment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor,or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1-a through 1-g in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued putsuant to Secrion 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The coniractor will take such action with respect to any subcontract or purchase order as the City of Orange may d'uect as a means of enforcing such provisions,including sanctions for noncompliance. Provided,however,that in the event a contractor becomes involved in,or is threatened with,litigation by a subcontractor or vendor as a result of such direction by the City of Orange or HUD, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY(EEO)Executive Order 11246. a. The Offerers or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specificarions" set forth herein. FS-8 b. The goals and timetables for minority and female participation,expressed in percentage tercns for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Goals for Female Participation for Participation in Timetables Each Trade Each Trade 11.9% 6.9°/a These goals are applicable to all the contractor's construction work(whether or not it is Federal or federally assisted)performed in the covered area. If the contractor performs consh�ucrion work in a geograplucal area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opporiunity Clause, specific affirmative action obligations required by the specificarions set forth in 41 CFR Part 60-4.3(a),and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of ineeting the contractor's goals shall be a violation of the contract,the Executive Order,and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitarion. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; esrimated starting and completion dates of the subcontract;and the geographical area in wluch the contract is to be performed. d. As used in this norice, and in the contract resulting from this solicitation,the "covered area" is the Standard Metropolitan Statistical Area ofAnaheim,Santa Ana,Garden Grove,specifically the County of Orange,State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS(Executive Order 11246) a. As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer idenrification number"means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return,United States Treasury Department Form 941. (4) "Minority"includes: FS-9 (a) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic(all persons of Mexican,Puerto Rican,Cuban,Central or South American or other Spanish culture or origin,regardless of race); (c) Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East,Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and (d) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor,or any subcontractor at any tier,subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. c. If the contractor is participating(pursuant to 41 CFR Part 60-4.5)in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligarions on all work in the Plan area (including goals and timetables)shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in Paragraphs 3g(1) through 3g(16)of these specificarions. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form,and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meering its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement,to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportuniries. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to FS-10 achieve maximuxn results from its actions. The contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensive as the following: (1) Enswe and maintain a working environment free of harassment,intimidation, and coercion at all sites,and in all facilities at which the contractor's employees are assigned to work. The contractor,where possible,will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligarion to maintain such a worldng environment,with specific attenrion to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names,addresses,and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruittnent source, or community organizarion and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred,not employed by the contractor, this shall be documented in the file with the reason therefor,along with whatever additional actions the contractor may have taken. (4) Provide immediate written norification to the D'uector when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union refenal process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the azea which expressly include minoriries and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g(2)above. (6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligarions;by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each locarion where construcrion work is performed. (7) Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, temunation or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen,etc.,prior to the iniriarion of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meerings,persons attending,subject matter discussed,and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. FS-11 (9) Direct its recruihnent efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment azea and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources,the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures,and tests to be used in the selection process. (10) Encourage present minority and female employees to recnrit other minority persons and women and, where reasonable,provide after school, summer, and vacarion employment to minority and female youth,both on the site and in other azeas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promorional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13) Ensure that seniority practices,job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related acrivities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company acriviries are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors'adherence to and performance under the contractor's EEO policies and affirmative action obligarions. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1)through(16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under 3g(1) through (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program aze reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply,however,is the contractor's,and failwe of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,the contractor may be in violarion of the Executive Order if a specific minority group of women is underutilized). FS-12 j. The contractor shall not use the goals and timetables or affirmative action standazds to discriminate � against any person because of race,color,religion,sex,or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Execurive order 11246. 1. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Execurive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-4.8. n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic,apprentice,trainee,helper, or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locarions at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standazds of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals,which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables,shall be published as notices in the Federal Register,and shall be inserted by the contracting officers and applicants,as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted constntction contract shall apply the minority and female goals established for the geographical area where the work is being performed. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of$10,000,the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Nonsegregated Faciliries and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. FS-13 b. Submit a notification of subcontracts awarded to the Director,Office of Federal Contract Compliance Programs,United States Department of Labor-ESA,200 Constitution Avenue,NW,Room C3325, Washington,D.C.,20210,within 10 working days of award of any subcontract in excess of$10,000, listing the name,address,and telephone number of the subcontractor;employer idenrificarion number; estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. c. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of$10,000,bind subcontractors to the Federal equal employment opportunity requirements by including the provisions of Paragraphs 1 through 3,above,in the subcontract. f. Upon commencement of construcrion work and until the work is completed, forward the Monthly Employment Utilization Report(Form CC-257)to the contract awarding authority by the end of each work month. With the initial monthly report,the contractor/subcontractor shall attach the Contractor's List of Federal and Non-Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964,no person shall,on the grounds of race,color, or national origin,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMLTNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the grounds of race, color,national origin, or sex be excluded from partici-parion in,be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. FS-14 CITY OF ORANGE SECTION 3 AFFIRMATIVE ACTION PLAN AUTHORITY: This Section 3 Affirmative Action Plan has been prepared pursuant to regulations established in the Secretary of Housing and Urban Development Act of 1968(24 CFR 135.70,October 23, 1973). PURPOSE: The purpose of this plan is to outline the process the City of Orange will follow so that to the greatest extent feasible employment opportuniries will be given to low and moderate income residents and procurement opportuniries for CDBG funded contracts awazds be given to local businesses. DEFINITION OF TERMS: 1. Low and Moderate Income Residents:Any individual residing within the City limits of the City of Orange � whose household income does not exceed 80%of the City's median family income. 2. Local Business Concerns:Those businesses eligible for CDBG contract awards and located within the City limits of the City of Orange. 3. Contractor:Any entity which performs work in connection with a Section 3 covered project. 4. Sub-Contractor:Any enrity(other than a person who is an employee of the contractor)which has agreed or arranged with a contractor to undertake a portion of the conttactor's obligation or performance of work in connection with a Section 3 covered project. 5. Section 3 Covered Project:Any project,contract,and any sub-contract connected with programs administered by the Secretary of Housing and Urban Development. (Projects administered under Section 235 and 236 of the National Housing Act, as well as public housing program which does not exceed$500,000 in estimated costs, are exempt from the requirement outlined in this A�rmative Action Plan.Any sub-contracts of$S0,000 or less on such projects or coniracts in excess of$500,000 are also exempt from Section 3 reguirements). BIDDING CONTRACTOR'S RESPONSIBILITIES: Section 3 requires that each contractor and sub-contractor performing work on a Section 3 covered project aze required by 24 CFR Part 135 to establish that a good faith effort has been made to fill all training positions with low and moderate income residents and to provide business opportunities to firms located in the City. To comply with these requirements,the conh�actor and/or the sub-contractor shall,at a minimum,perform the following: 1. Prepare a preliminary statement of work force needs(skilled,semi-skilled,unskilled labor,and trainees by category)where lrnown,where not lrnown;such informarion is to be supplied prior to the signing of any contracts between contractors and their sub-contractors.This information is to be listed as in the format on Form CD-9. 2. Set forth the approximate number and dollar value of all contracts proposed to be sub-contracted to business firms within the City.This information shall be listed on Form CD-8 FS=15 3. Solicit,to the greatest extent feasible,to employ low to moderate income residents and provide business opportunities to business firms within the City.This solicitation shall include,but not necessarily be limited to, advertisements in a newspaper of current circulation,posting of norices in local union halls,and posting notices in areas of local assembly. AWARDED CONTRACTOR'S RESPONSIBILITIES The City will award the contract to the lowest responsible bidder whose proposal complies with all the requirements in the bid package.The awarded contractor will be required to fulfill the components of this Section 3 Plan to the greatest extent feasible.At a minimum,the contractor and all the sub-contractors shall: 1. Appoint an Affumative Action Officer who is to be responsible for the maintenance of records and data collection pursuant to this plan and provide City representatives with such information when requested.Form CD-5 is to be filled out and submitted to the City for future reference. 2. Maintain a list of all low and moderate income residents who have applied either on their own or on referral from any source,and employ such persons,if otherwise eligible and if a trainee vacancy exists.If the contractor or sub-contractor have no vacancies,the applicant,if otherwise eligible,shall be listed for the first available vacancy. 3. Provide the City with a detailed narrarive of the efforts taken to comply with these requirements,in the event that no low or moderate income residents are employed or no local business concerns are sub-contracted. CITY'S RESPONSIBILITIES: The City of Orange shall facilitate the contractor's compliance with the Secrion 3 Affirmative Action Plan by perfornung,at a minimum.the following: 1. The City shall develop and maintain a mailing list of local business concerns interested in receiving information regarding CDBG funded projects. These firms shall be sent a special notice that the City Council of the City of Orange has authorized the project, and they may procure the bid application packages at the designated location.Each fum is responsible for the cost of bid package. 2. The City shall develop and maintain a registry of interested local business concems which may be utilized as potential sub-contractors or vendors to the general contractor.This registry shall be made available to the general contractor. It is the policy of the City of Orange,to provide equal employment opportunity to all persons, and all services contracted out by the City are obligated to comply with the same equal employment opportunity standazds. Information and records regarding the implementation of this Affirmative Acrion Plan will be made availableto City Officials upon request. FS-16 CITY OF ORANGE SECTION 3 AFFIRMATIVE ACTION PLAN PROCESS FLOW CHART OBJECTIVES: 1. To provide employment opportunities to low and moderate income residents through CDBG funded projects. 2. To provide opportuniries for CDBG contract awards to City businesses,particularly those firms located in low and moderate income areas. A. City Council approves CDBG funded project. B. City sends special notices to local businesses whom have expressed such an interest. C. Call for Projects Process 1. Interested contractors procure bid packages and develop proposals. 2. Prepare preliminary statement of work force needs. 3. Prepare statement of sub-contract needs and set target amounts for sub-contracts to In-City Businesses. 4. Advertise for employment and business opportunities. 5. Present proposal to appropriate City Staff at designated time and place. D. Awarding Process 1. City selects bid and awards a contract. 2. Awarded contractor designates Affirmative Acrion Officer. 3. Affumative Action Officer maintains list of low and moderate income residents whom have applied for positions when no trainee vacancy exists. 4. Contractor provides a detailed narrative of actions taken to implement Affirmative Action Plan if he is unable to employ low and moderate income residents or awards sub-contracts to local business concems. FS-17 ATTACHMENT NO. 6 FEDERAL LABOR STANDARDS AND PROVISIONS [Beneath this sheet] Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work (1) The work to be performed by the classification covered by this contract pertains is being assisted by the requested is not performed by a classification in the wage United States of America and the following Federal Labor determination; and Standards Provisions are included in this Contractpursuant totheprovisionsapplicabletosuchFederal assistance. �2) Theclassificationisutilizedintheareabytheconstruction industry; and A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid (3) The proposed wage rate, including any bona fide unconditionally and not less often than once a week, and fringe benefits, bears a reasonable relationship to the without subsequent deduction or rebate on any account Wage rates contained in the wage determination. (except such payroll deductions as are permitted by (b) If the contractor and the laborers and mechanics to be regulations issued by the Secretary of Labor under the employed in the classification (if known), or their Copeland Act (29 CFR Part 3), the full amount of wages representatives, and HUD or its designee agree on the and bona fide fringe benefits (or cash equivalents thereof) classification and wage rate (including the amount due at time of payment computed at rates not less than designated for fringe benefits where appropriate), a report those contained in the wage determination of the of the action taken shall be sent by HUD or its designee to Secretary of Labor which is attached hereto and made a the Administrator of the Wage and Hour Division, part hereof, regardless of any contractual relationship Employment Standards Administration, U.S. Department of which may be alleged to exist between the contractor and Labor, Washington, D.C. 20210. The Administrator, or an such laborers and mechanics. Contributions made or authorized representative, will approve, modify, or costs reasonably anticipated for bona fide fringe benefits disapprove every additional classification action within 30 under Section I(b)(2) of the Davis-Bacon Act on behalf of days of receipt and so advise HUD or its designee or will laborers or mechanics are considered wages paid to such notify HUD or its designee within the 30-day period that laborers or mechanics, subject to the provisions of 29 CFR additional time is necessary. (Approved by the Office of 5.5(a)(1)(iv); also, regular contributions made or costs Management and Budget under OMB control number 1215- incurred for more than a weekly period (but not less often 0140.) than quarterly) under plans, funds, or programs, whichcover (c) In the event the contractor, the laborers or mechanics the particular weekly period,are deemed to be constructively to be employed in the classification or their made or incurred during such weekly period. representatives, and HUD or its designee do not agree on Such laborers and mechanics shall be paid the appropriate the proposed classification and wage rate (including the wage rate and fringe benefits on the wage determination amount designated for fringe benefits, where appropriate), for the classification of work actually performed, without HUD or its designee shall refer the questions, including the regard to skill, except as provided in 29 CFR 5.5(a)(4). views of ali interested parties and the recommendation of Laborers or mechanics performing work in more than one HUD or its designee, to the Administrator for determination. classification may be compensated at the rate specified for The Administrator,or an authorized representative,will issue each classification for the time actually worked therein: a determination within 30 days of receipt and so advise HUD Provided, That the employer's payroll records accurately or its designee or will notifyHUD or its designee within set forth the time spent in each classification in whichwork the 30-day period that additional time is necessary. is performed. The wage determination (including any (ApprovedbytheOfficeof Management and Budget under additional classification and wage rates conformed under OMB Control Number 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1215-0740.) 1321) shall be posted at all times by the contractor and its (d) The wage rate (including fringe benefits where subcontractors at the site of the work in a prominent and appropriate) determined pursuant to subparagraphs accessible, place where it can be easily seen by the (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers. workers performing work in the classification under this (ii) (a) Any class of laborers or mechanics which is not contract from the first day on which work is performed in listed in the wage determination and which is to be the classification. employedunderthecontractshallbeclassifiedinconformance (iii) Whenever the minimum wage rate prescribed in the with the wage determination. HUD shall approve an contract for a class of laborers or mechanics includes a additional classification and wage rate and fringe benefits fringe benefit which is not expressed as an hourly rate, the therefor only when the following criteria have been met: contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5 fortn HUD�010(06/2009) ref.Handbook 1344.1 ofthewagesofanylaborerormechanictheamountofanycosts communicated in writing to the laborers or mechanics reasonably anticipated in providing bona fide fringe benefits affected, and records which show the costs anticipated or under a plan or program, Provided, That the Secretary the actual cost incurred in providing such benefits.Contractors of Labor has found, upon the written request of the employing apprentices or trainees under approved programs contractor, that the applicable standards of the Davis-Bacon shall maintain written evidence of the registration of Act have been met. The Secretary of Labor may require apprenticeship programs and certification of trainee the contractor to set aside in a separate account assets for the programs,the registration ofthe apprentices and trainees,and meeting of obligations underthe plan or program. (Approved the ratios and wage rates prescribed in the applicable by the Office of Management and Budget under OMB programs. (Approved by the Office of Management and Control Number 1215-0140.) Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime thecontract,butiftheagencyisnotsuchaparty,the contractor contractor, or any other Federally-assisted contract will submit the payrolls to the applicant sponsor,or subject to Davis-Bacon prevailing wage requirements, owner, as the case may be, for transmission to HUD or its which is held by the same prime contractor so much of the designee. The payrolls submitted shall set out accurately accrued payments or advances as may be considered and completely all of the information required to be necessary to pay laborers and mechanics, including maintained under 29 CFR 5.5(a)(3)(i) except that full social apprentices, trainees and helpers, employed by the securitynumbersandhomeaddressesshallnotbe included on contractor or any subcontractor the full amount of wages weekly transmittals. Instead the payrolls shall only need to required by the contract In the event of failure to pay any include an individually identifying number for each employee laborer or mechanic, including any apprentice, trainee or (e.g., the last four digits of the employee's social security helper, employed or working on the site of the work, all or number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further hffn://www.dol.qov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for the violations have ceased. HUD or its designee may, after submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor,orowner,asthecasemaybe,fortransmissiontoHUD records relating thereto shall be maintained by the or its designee, the contractor, or the W age and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a pian and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records whichshow informationrequiredtobeprovidedunder29CFR5.5(a)(3)(ii), that the commitment to provide such benefits is enforceable, the appropriate information is being maintained under 29 CFR that the plan or program is financially responsible, and that 5.5(a)(3)(i), and that such information is correct and the plan or program has been complete; (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shallbepaidnotlessthantheapplicablewagerateonthewage the payroll period has been paid the full weekly wages determinationfortheclassificationofworkactuallyperformed. earned, without rebate, either directly or indirectly, and that In addition, any apprentice performing work on thejobsitein no deductions have been made either directly or excess of the ratio permitted under the registered program indirectly from the full wages earned, other than permissible shall be paid not less than the applicable wage rate on deductions as set forth in 29 CFR Part 3; the wage determination for the work actually performed. (3) That each laborer or mechanic has been paid not less Whereacontractorisperforming construction on a project in than the applicable wage rates and fringe benefits or cash a locality other than that inwhich its program is registered, equivalents for the classification of work performed, as the ratios and wage rates (expressed in percentages of specified in the applicable wage determination incorporated the journeyman's hourly rate)specified in the contractor's or into the contract. subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate (c) The weekly submission of a properly executed specified in the registered program forthe apprentice's level certification set forth on the reverse side of Optional Form of progress, expressed as a percentage of the journeymen WH-347 shall satisfy the requirement for submission of the hourlyratespecified in the applicable wage determination. "Statement of Compliance" required by subparagraph Apprentices shall be paid fringe benefits in accordancewith A.3.(ii)(b). the provisions of the apprenticeship program. If the (d) The falsification of any of the above certifications may apprenticeship program does not specify fringe benefits, subject the contractor or subcontractor to civil or criminal apprentices must be paid the full amount of fringe benefits prosecution under Section 1001 of Title 18 and Section listed on the wage determination for the applicable 231 of Title 31 of the United States Code. classification. If the Administrator determines that a (iii) The contractor or subcontractor shall make the different practice prevails for the applicable apprentice records required under subparagraph A.3.(i) available for classification, fringes shall be paid in accordance with that inspection, copying, or transcription by authorized determination. In the event the Office of Apprenticeship representatives of HUD or its designee or the Department Training, Employer and Labor Services, or a State of Labor, and shall permit such representatives to Apprenticeship Agency recognized by the Office, interview employees during working hours on the job. If W�thdraws approval of an apprenticeship program, the the contractor or subcontractor fails to submit the required contractor will no longer be permitted to utilize records or to make them available, HUD or its designee apprentices at less than the applicable predetermined rate may, after written notice to the contractor, sponsor, for the work performed until an acceptable program is applicant or owner, take such action as may be necessary approved. to cause the suspension of any further payment, advance, (ii) Trainees. Except as provided in 29 CFR 5.16, or guarantee of funds. Furthermore, failure to submit the trainees will not be permitted to work at less than the required records upon request or to make such records predetermined rate for the work performed unless they are available may be grounds for debarment action pursuant to employed pursuant',toand individuallyregistered in a program 29 CFR 5.12. which has received prior approval, evidenced by formal 4. Apprentices and Trainees. certificationbytheU.S.DepartmentofLabor,Employmentand Training Administration. The ratio of trainees to journeymen (i) Apprentices. Apprentices will be permitted to work at on the job site shall not be greater than permitted under less than the predetermined rate for the work they the plan approved by the Employment and Training performed when they are employed pursuant to and Administration. Every trainee must be paid at not less individually registered in a bona fide apprenticeshipprogram than the rate specified in the approved program for the registered with the U.S.Department of Labor,Employment and trainee's level of progress, expressed as a percentage of the Training Administration, Office of Apprenticeship Training, journeyman hourly rate specified in the applicable wage Employerand LaborServices,or with a State Apprenticeship determination. Trainees shall be paid fringe benefits in Agency recognized by the Office, or if a person is accordance with the provisions of the trainee program. If employed in his or her first 90 days of probationary the trainee program does not mention fringe benefits, employment as an apprentice in such an apprenticeship trainees shall be paidthefullamountoffringebenefitslisted program, who is not individually registered in the program, on the wage determination unless the Administrator of the but who has been certified by the Office of Apprenticeship �/age and Hour Division determines that there is an Training, Employer and Labor Services or a State apprenticeshipprogram associated with the corresponding ApprenticeshipAgency(whereappropriate) to be eligible for journeyman wage rate on the wage determination which probationary employment as an apprentice. The allowable provides for less than full fringe benefits for apprentices. ratio of apprentices to Any employee listed on the payroll at a trainee rate who is not journeymen on the job site in any craft classification shall registered and participating in a training plan approved by not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration �i�i� The penalty for making false statements is prescribed withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., the applicable predetermined rate for the work performed °Federal Housing Administration transactions", provides in until an acceptabie program is approved. part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shali be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not more opportunity requirements of Executive Order 11246, as than two years, or both." amended, and 29 CFR Part 30. 17. Complalnts, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has fiied any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shail be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contractingforanypartofthecontractworkwhichmayrequireorinvolve contract clauses in 29 CFR 5.5 may be grounds for the employment of laborers or mechanics shall require or permit termination of the contract and for debarment as a any such laborer or mechanic in any workweek in which the individual is contractor and a subcontractor as provided in 29 CFR employedonsuchworktoworkinexcessof40hoursinsuch workweek 5•�2• unless such laborer or mechanic receives compensation at a rate not 8. Compliance with Dav1s-Bacon and Related Act Requirements. less than one and one-half times the basic rate of pay for all hours All rulings and interpretations of the Davis-Bacon and worked in excess of 40 hours in suchworkweek. Related Acts contained in 29 CFR Parts 1, 3, and 5 are (2) Violation; liability for unpaid wages; liquidated herein incorporated by reference in this contract damages. In the event of any violation of the clause set 9. Disputes concerning labor standards. Disputes forth in subparagraph (1) of this paragraph, the contractor arising out of the labor standards provisions of this and any subcontractor responsible therefor shall be liable contract shall not be subject to the general disputes for the unpaid wages. In addition, such contractor and clause of this contract. Such disputes shall be resolved in subcontractor shail be liable to the United States (in the accordance with the procedures of the Department of case of work done under contract for the District of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within Columbia or a territory, to such District or to such the meaning of this clause include disputes between the territory), for liquidated damages. Such liquidated contractor (or any of its subcontractors) and HUD or its damages shall be computed with respect to each individual designee, the U.S. Department of Labor, or the laborer or mechanic, including watchmen and guards, employees or their representatives. employed in violation of the clause set forth insubparagraph 10. (i) Certification of Eligibility. By entering into this �1) of this paragraph, in the sum of$10 for each calendar day on contract the contractor certifies that neither it (nor he or Which such individual was required or permitted to work in excess of she) nor any person or firm who has an interest in the the standard workweek of 40 hours without payment of the overtime contractor's firm is a person or firm ineligible to be Wages required by the clause set forth in sub paragraph (1) awarded Government contracts by virtue of Section 3(a) of of this paragraph. the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same primecontractorsuch sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1)through (4)of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract W ork Hours and SafetyStandards Act, (Public Law 91-54, 83 Stat 96). � 40 USC 3701 et s �.• (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. I have read this required information regarding the fair labor standards provisions which is evidenced by my signature. Signature Date ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKBACK ACT"AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18,U.S.C.,section 874 (Replaces section I of the Act of June 13,1934(48 Stat.948,40 U.S.C., sec.276b)pursuant to the Act of June 25,1948,62 Stat.862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES Whoever,by force,intimidation,or threat of procuring dismissal from employment,or by any other manner whatso- ever induces any person employed in the construction,prosecurion,completion or repair of any public building,public work,or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitied under his contract of employment,shall be fined not more than$5,000 or imprisoned not mor(-than five yean,or both. SECTION 2 OF THE ACT OF JUNE 13,1934,AS AMENDED (48 Stat.948,62 Stat.862,63 Stat.108,72 Stat.967,40 U.S.C.,sec.276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,prosecution, complerion or repair of public buildings,public works or buildings or works financed in whole or in part by loans or grants from the United States,including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18(United States Code)shall apply to such statements. __�� Pursuant to the aforesaid Anti-Kickback Act,the Secretary of Labor,United States Department of Labor,has promul- � gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations,Part 3. The term"this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulariotis aze as follows: TITLE 29-LABOR Subtitle A-Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This part prescribes"anti-kickback"regularions under section 2 of the Act of June 13. 1934,as amended(40 U. S. C.276c),popularly lrnown as the Copeland Act. This part applies to any contract which is subject to Federal wage standazds and which is for the construction,prosecution,completion,or repair of public buildings,public works or buildings or works financed in whole or in part by loans or grants from the united States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally assisted construction that contain similar minimum wage provisions,including those provisions;which are not subject to Reorganization Plan No. 14 (e.g.,the College Housing Act of 1950,the Federal Water Pollution Control Act,and the Housing Act of 1959),and iii the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly FLSP-1 submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deducrions from the wages of those employed on such work; and delineates the methods of payment pernussible on such work. Section 3.2 Det"mitions. As,used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures„ and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways,tunnels,sewers,mains,power.lines,pumping stations,railways,airports,terminals,docks,piers,wharves, waterways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting,excavating,clearing,and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or fiunishing of materials, articles, supplies, or equipment(whether or not a Federal or State agency acquires title to such materials,articles,supplies,or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished)is not a"building"or"work"within the meaning of the regulations in this part. (b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particulaz building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to oi from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or fumishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public budding" or "public work" include building or work for whose construction, prosecution, complerion, or repair, as defined above, a Federal agency is a contracting party,regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the "United States" includes building or work for whose construction,prosecution,completion, or repair,as defined above,payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guazantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,completion,or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (fl The term"any affiliated person"includes a spouse,child,parent,or other close relative of the contractor or sub-contractor; a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or subcontractor as parent,subsidiary or otherwise,and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the united States and of the District of Columbia,including corporations,all or substantially all of the stock of which is beneficially owped by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a)As used in this section,the term"employee"shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. FLSP-2 (b) Each contractor or subcontractor engaged in the construction, prosecution,completion,or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United State, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period.This statement shall be executed by the contractor or the subcontractor or by an authorized officer or an employee of the contractor or subcontractor who supervises the payment of wages,and shall be on Form WH-348,"Statement of Compliance",or on an idenrical form on the back of WH-347,"Payroll(for contractor's optional use)"or on any form with identical wording.Sample copies of Form WH-347 and WH-348 may be obtained from the Government contracting or sponsoring agency,and copies of those forms may be purchased at the Government printing office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d)Upon a written finding by the head of a Federal agency,the Secretary of Labor may provide reasonable limitations,variations,tolerances,and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. [29 F.R. 95,Jan.4. 1964,as amended at 33 F.R. 10186,July 17, 1968] Section 3.4 Submission of Weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under § 3.3 shall be delivered by the contractor or the subcontractor within seven days after the regular payment date of the payroll period,to a representative of a Federal or State agency in charge at the site of the building or work,or,if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or the subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work.After such examination and check as may be made,such statement,or a copy thereof shall be kept available,or shall be transmitted together with a report of any violation,in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from the date of completion of contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic,his correct classification,rate of pay,daily and weekly number of hours worked, deducrions made,and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative,and by authorized representatives of the Department of Labor. Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. (a)Any deductions made in compliance with the requirements of Federal,State,or local law,such as Federal or State withholding income taxes and Federal Social Security Taxes. (b) Any deduction of sums previously paid to employees as bona fide payment of wages when such prepayment is made without discount or interest.A"bona fide payment of wages"is considered to have been made only when cash or its equivalent has been advanced to person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c)Any deduction of amounts required by court process to be paid to another,unless the deduction is in favor of the contractor,subcontractor or any affiliated person,or when collusion or collaboration eacists. (d)Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees,or both, for the purpose of providing either from principal or income, or both,medical or hospital care,pensions or annuities on retirements,death benefits,compensation for injuries,illness, accidents,sickness,or disability,or for insurance to provide any of the forgoing,or unemployment benefits,vacation pay, savings accounts or similar payments for the benefit of employees, their families and dependents: Provides, FLSP-3 however,that the following standards are met:(1)The deduction is not otherwise prohibited by law;(2)it is either(i) voluntarily consented by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment,or(ii)provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees;(3)no profit or other benefit is otherwise obtained,directly or indirectly,by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing towards the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (fl Any deduction requested by the employee to enable him to repay loans to or purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g)Any deduction voluntarily authorized by the employee for making of contributions to governmental or quasi-governmental agencies,such as American Red Cross. (h)Any deduction voluntarily authorized by the employee for maldng of contributions to Community Chests, United Givers Funds,and similar charitable organizations. (i)Any deduction to pay regular union initiation fees and membership dues,not including fines or special assessments:Provided,however,That a collective bargaining agreement between the contractor or sub-contractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j)Any deducrion not more than for the"reasonable cost"of board,lodging,or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938,as amended, and part 531 of this title.When such a deduction is made the additional records required under§516.27(a)of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for pernussion to make any deduction not permitted under§ 3.5.The Secretary may grant permission whenever he finds that: (a) The contxactor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deducrion either in the form of a commission,dividend,or otherwise; (b)The deduction is not otherwise prohibited by law; (c) The deduction is either(1) voluntarily consented to by the employee in wriring and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees;and (d)The deduction serves the convenience and interest of the employee. Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under § 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a)The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or contracts under which the work is in quesrion to be performed.Permission will be given for deductions only on specific, idenrified contracts, except upon a showing of exceptional circumstances. FLSP-4 (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of§3.6.The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d)The application shall include a description of the proposed deduction,the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deductions would be made. (e)The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person,if any,with the applicant. Section 3.8 Action by the Secretary of Labor upon application The Secretary of Labor shall decide whether or not the requested deduction is permissible under the provisions of§ 3.6,and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not ealsewhere provided for by this part and which are not found to be permissible under § 3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be cash, negotiable instruments payable on demand, or the additional forms of compensation for which deductions are pemussible under this part.No other methods of payment shall be recognized on work subject to Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction,procecurion,complerion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor. FLSP-5 FEDERAL WAGE RATES INTERNET REFERENCE . This project is federally funded under the Highway Safety Imgrovement Program(HSIP) reguiring conforinanca:to Federal Guidelines, All the Fedeial requirements,the Davis Bacon Act, in:particular, shall apply on this project. The federal minimum wage rates are available directly from Department of Labor Home Page under�ll�://WWW.wdol.�. Click under the:Davis-Bacon Act section"Selecting DBA WDs" _ � � , � Seleciing:b9d VVDs �.Archived Wos ' ��WDs due to be revised � Roliover CrosswatkN�+t In the following:screen enter the WB Number CA35 . . .. Select�DBA WD by,nu,mber: CA35 (Enter 1vD number. `Sea�ch. i The f nal contract package upon being signed by the.local agency and.the contractor, s a physically contain the Federal Wage Rates or the Federal Wage Rates as ievised by addendum; if any.addendums were issued: 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 General Decision Number: CA190024 02/15/2019 CA24 Superseded General Decision Number: CA20180035 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 PRO7ECT5 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after 7anuary 1, 2015. If this contract is covered by the E0, the contractor - must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(z)-(6e). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 1 02/01/2019 2 02/15/2019 ASBE0005-002 07/01/2018 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of inechanical systems).....$ 39.72 20.81 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)..... .. .. ........... . ......$ 27.92 18.31 ---------------------------------------------------------------- https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 1/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 ASBE0005-004 07/02/2018 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). .. .$ 19.93 11.72 ---------------------------------------------------------------- * BRCA0004-010 05/01/2018 Rates Fringes BRICKLAYER; MARBLE SETTER. . ..... .$ 39.98 14.90 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 07/01/2017 Rates Fringes MARBLE FINISHER........... ...... .$ 30.93 12.95 TILE FINISHER. ..... ... ... . ...... .$ 25.98 11.23 TILE LAYER.. .. .......... . . ...... .$ 37.76 16.37 ---------------------------------------------------------------- BRCA0018-010 09/01/2017 Rates Fringes TERRAZZO FINISHER.... .... . . ......$ 29.75 12.91 TERRAZZO WORKER/SETTER. .. .. .. .. ..$ 36.75 13.82 ---------------------------------------------------------------- CARP0409-001 07/01/2018 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...... ..... .. .. .. ..$ 41.84 19.17 (2) Millwright...... .. ......$ 42.91 19.17 (3) Piledrivermen/Derrick Bargeman, Bridge or pock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial). ....... .. ......$ 42.54 19.17 (4) Pneumatic Nailer, Power Stapler... .. .. .. . ... ..$ 40.09 19.17 (5) Sawfiler.. ... .. . . . .. ...$ 39.83 19.17 (6) Scaffold Builder.... .. .$ 31.60 19.17 (7) Table Power Saw https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 2/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 Operator. . ... ........ . . .....$ 40.93 19.17 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0409-005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER. ...$ 37.35 11.08 STOCKER/SCRAPPER..... . ......$ 10.00 7.17 ---------------------------------------------------------------- CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer.. ....$ 17.00 7.41 ---------------------------------------------------------------- ELEC0011-002 12/31/2018 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer.... .. ...... . . .....$ 36.07 3%+14.43 Technician. .. .. .. .. .. .......$ 33.30 3%+27.82 � SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, 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. �ommunication 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. ---------------------------------------------------------------- ELEC0441-001 08/27/2018 Rates Fringes CABLE SPLICER. .. .......... ..... . .$ 45.77 20.12 ELECTRICIAN.. . .. .. .. ...... .......$ 43.76 20.06 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 3/24 3/11/2019 https://wuvw.wdol.gov/wdoi/scafiles/davisbacon/CA24.dvb?v=2 ---------------------------------------------------------------- * ELEC0441-003 12/31/2018 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer........... . .......$ 35.12 13.77 Technician.... ...... .. .. ....$ 31.23 15.39 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for N monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and � testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems 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 Alarms-In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC0441-004 08/27/2018 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 4/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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. 70URNEYMAN 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 01/01/2019 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 56.79 17.41 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)... .. ......$ 45.36 16.24 (3) Groundman. .. ...... . .....$ 34.68 15.86 (4) Powderman.... .... .......$ 49.55 3%+17.65 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 5/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2019 Rates Fringes ELEVATOR MECHANIC.. .. .... ... .. ...$ 55.58 34.125 FOOTNOTE: PAID VACATION: Employer contributes 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. ... ...... .. .. .... ..$ 47.72 25.25 GROUP 4. ........... .. .... ..$ 47.86 25.25 GROUP 5. ........... .. ......$ 48.08 25.25 GROUP 6. ........... .. ......$ 48.19 25.25 GROUP 7. ....... .... .. ......$ 48.31 25.25 GROUP 8. ... .... .... .. ......$ 48.48 25.25 GROUP 9. ....... .. .. . . . .....$ 48.65 25.25 GROUP 10..... .. ...... .......$ 49.65 25.25 GROUP 11. ........ .... ...... .$ 50.65 25.25 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 6/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb7v=2 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 Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; P]U side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 7/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 (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 engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (,tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, _ caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-]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. https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 8/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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.) 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, https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 9/24 3/11/2019 https://www.wdoi.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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 equi.pment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 10/24 3/11/2019 https://www.wdol.gov/wdoi/scafiles/davisbacon/CA24.dvb?v=2 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 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 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 11/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 (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 eoundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T255, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 12/24 3/11/2019 https://wwwr.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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 5 following R32E lines to the NW corner of T315, R32E, MDM. Continue W to the NW corner of T315, 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 5 to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue 5 to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County 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 5 along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T95, R9E, SBM. Continue 5 along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T255, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T305, R16E, MDM. Continue E to SW corner of T305, R17E, MDM. Continue 5 to SW corner of T315, R17E, MDM. Continue E to SW corner of 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 Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T325, R21E, MDM. [T12N SBM is a think strip between T11N SBM and 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 of T255, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: https://www.wdol.gov/wdollscafiles/davisbacon/CA24.dvb?v=2 13l24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T85, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T245, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T245, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T255, R42E, MDM. Continue 5 to that point which is the SW corner of the NW quarter of Section 6, T275, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman..... .. . . . ......$ 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 ---------------------------------------------------------------- IRON0377-002 01/01/2019 Rates Fringes Ironworkers: Fence Erector........ .......$ 32.58 23.41 Ornamental, Reinforcing and Structural....... .......$ 39.00 32.05 PREMIUM PAY: $6.00 additional per hour at the following locations: �hina Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 14/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 _ Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-005 01/01/2018 Rates Fringes Asbestos Removal Laborer.. .. .....$ 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. ---------------------------------------------------------------- LA600345-001 07/01/2018 Rates Fringes 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 ---------------------------------------------------------------- �LAB00652-001 07/01/2018 Rates Fringes LABORER (TUNNEL) GROUP 1. . ..... .. ...... ......$ 40.19 19.07 GROUP 2. . ... ........ . . ......$ 40.51 19.07 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 15/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 GROUP 3. . ....... ..... . . .. .. .$ 40.97 19.07 GROUP 4.. ............ .......$ 41.66 19.07 LABORER GROUP 1.. ........... . . ......$ 34.24 19.07 GROUP 2. . ..... ....... .......$ 34.79 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 end installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete https://www.wdol.gov/wdollscafiles/davisbacon/CA24.dvb?v=2 16/24 3/11/2019 https://www.wdoi.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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; 7ackleg miner; 7umbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LAB00652-003 07/01/2018 Rates Fringes Brick Tender.. ...... ..... .. ......$ 32.26 18.40 ---------------------------------------------------------------- https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 17/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 LAB01184-001 07/01/2018 Rates Fringes 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 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 ---------------------------------------------------------------- LAB01414-001 08/08/2018 Rates Fringes � LABORER PLASTER CLEAN-UP LABORER....$ 33.82 19.40 PLASTER TENDER. . .... .. .. ....$ 36.37 19.40 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2018 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 18/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County).. ...... .. .. ...$ 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 10/01/2018 Rates Fringes DRYWALL FINISHER/TAPER.... .. .....$ 40.18 19.22 ---------------------------------------------------------------- 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 work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sg. ft. of floor space and work https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 19/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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 $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-008 04/01/2018 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER... .. .. .. .. ......$ 38.85 21.87 ---------------------------------------------------------------- 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 ---------------------------------------------------------------- SHEE0105-003 01/01/2019 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 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 20/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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 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 https:!/www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 21/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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 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 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 22/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "5U" 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 7uly 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 completion 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. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 23/24 3/11/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 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. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/CA24.dvb?v=2 24/24 ATTACHMENT NO. 8 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. Registration of contractors; mandatory re�istration; qualifications and apulication; fees; exemut contractors A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, "contractor"includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following: (1) 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 (comxnencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true: Attachment No. 8 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 shall be deposited in the State Public Works Enforcement Fund established by Section 17713 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. (d) If, 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 deter�unation 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 deternunation or decision referred to in paragraph(2) of this subdivision. (e) The requirements of this section shall 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 prevailin�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. 8 Page 2 of 11 California Labor Code Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; excentions; substitutions; Internet listing 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 riot a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. (b)Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply: (1)The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph(E) of paragraph(2) of subdivision(a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. (d)Failure by a subcontractor to be registered to perform public work as required by subdivision(a) shall be grounds under Section 4107 of the Public Contract Code for the contractor,with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (fl A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section. (g) 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 requirements when biddin� and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter: (1) The call for bids and contract documents shall specify that the project is subject fo compliance monitoring and enforcement by the Departrnent of Industrial Relations. Attachment No. 8 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. 8 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 deternunes 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 Comrnissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. (E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prune 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 certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, , Attachment No. 8 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 shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. California Labor Code Section 1776. Pavroll records; retention; inspection; noncompliance penalties; rules and regulations (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 fiunished 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 Depariment of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, 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. 8 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 payrnents 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. Emplovment of resistered apprentices; wages; standards; number; apprenticeable craft or trade; ezemptions; contributions (a) Nothing in this chapter shall prevent the employrnent of properly registered apprentices upon public works. Attachment No. 8 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 awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the-awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (fl The apprenticeship program 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. 8 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 covered 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 hou.rly 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. 8 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 fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work�through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. California Labor Code Section 1813. Forfeiture for violations; contract stiuulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 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. 8 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. 8 Page 11 of 11 ATTACHMENT NO. 9 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 Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. Attachment No. 9 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 claun, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claun 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 pariy shall select a mediator and those mediators shall select a qualified neutral third party to Attachment No. 9 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 shall 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 subcdntractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (� A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claun, 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. 9 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. 9 Page 4 of 4 CITY COUNCIL MINUTES APRIL 9, 2019 3. CONSENT CALENDAR(Continued) 3.13 Appropriation of $544,382 in State of California Office of Emergency Services funding received. (C2500.H) ACTION: 1) Accepted into the city's revenue budget $544,382 in strike team reimbursements from State of California Office of Emergency Services and authorized the appropriation of$544,382 to the following expenditure account numbers: 100.3021.50221, General Fund—Overtime-Safety $522,680.69 100.3021.53860, General Fund—Strike Team Expenditures 21,701.31 $544,382.00 3.14 Final Acceptance of Bid No. 189-04; Exterior Painting at the Main and Branch Libraries; and authorization to file Notice of Completion with the County Recorder. (A2100.0; AGR-6653) ACTION: Accepted Exterior Painting at the Main and Branch Libraries project as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.15 Claims for Damages. (C3200.0) ACTION: Denied the following claims for damages and referred to City Attorney and Claims Adjuster: a. Octavio Fletes b. Mercury Insurance a/s/o Jessica Patsos c. Eleanor Somers d. Mark Somers e. Kelly Alcala f. Allstate Insurance a/s/o Oscar and Teresa Brandi g. Mercury Insurance a1s/o Miguel Barrios 3.16 Award of Contract to All Cities Engineering,Inc.for Community Development Block Grant Americans with Disabilities Act Wheelchair Access Ramps at Various Locations Project Fiscal Year 2018-19; Bid No. 189-21. (A2100.0; AGR-6754) ACTION: Awarded the contract in the amount of$207,910 to All Cities Engineering,Inc. of Jurupa Valley, California and authorized the Mayor and City Clerk to execute on behalf of the City. , 3.17 Award of Contract to All American Asphalt for Annual Pavement Maintenance at Various Locations Project Fiscal Year 2018-19; Bid No. 189-23.(A2100.0;AGR-6755) ACTION: 1) Authorized the transfer of $275,000 from 263.5011.56330.20187, Tustin Street Rehabilitation to 263.5011.56330.13120, Pavement Management Program; 2) Awarded the contract in the amount of$5,369,997 to All American Asphalt of Corona, California and authorized the Mayor and City Clerk to execute on behalf of the City; and 3)Authorized the City Manager to approve contract change orders up to 5%of the contract amount. PAGE 6