03.18 Accessible Pedestrian Signals Upgrade ContractoF o..
s oA,,TFa c
l AGENDA ITEM
n18,
May 12, 2020
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manage
FROM: Christopher Cash, Public Works Director
REVIEW: City Manager Finance -
1. SUBJECT
Award Bid No. 190-32; SP-4001; Accessible Pedestrian Signals Upgrade at Various
Locations; Highway Safety Improvement Program L-5073(086) to Elecnor Belco Electric,
Inc.
2. SUMMARY
Bids for Accessible Pedestrian Signals Upgrade at Various Locations were received and
opened on April 9, 2020. Seven bidders responded to the notice inviting bids. The
apparent low bidder is Elecnor Belco Electric, Inc. of Chino, CA for $138,572.
3. RECOMMENDED ACTION
Award the contract to Elecnor Belco Electric, Inc. in the total amount of $152,429,
representing an original bid amount of $138,572, plus a 10% contingency of$13,857 for
Accessible Pedestrian Signals Upgrade at Various Locations and authorize the Mayor
and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure including the 10% contingency for this project is $152,429 and will
be funded in Accessible Pedestrian Signals Installation (30082) through Reimbursable
Capital Projects (550).
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.
6. DISCUSSION AND BACKGROUND
This project will provide for the furnishing and installation of accessible pedestrian signal
systems and LED coundtdown pedestrian signal heads at twelve intersections in the City.
ITEM 3 • i 05/12/2020
The twelve locations include:
Chapman Avenue at Prospect Street • Main Street at Stewart Drive
La Veta Avenue at Main Street Main Street at Almond Avenue
La Veta Avenue at Pepper Street Main Street at Palmyra Avenue
La Veta Avenue at Tustin Street Chapman Avenue at The City Drive
La Veta Avenue at Batavia Street Chapman Avenue at Tustin Street
Medical Center Drive at The City Drive • Chapman Avenue at Yorba Street
Project improvements will be installed per the American with Disabilities Act Accessibility
Guidelines (ADAAG) requirements.
The City has pursued and obtained funding from Caltrans Local Assistance under the
Highway Safety Improvement Program (HSIP) Cycle 7 in order to fund the various
improvements provided by the project. The City received authorization from Caltrans
Local Assistance to begin the construction phase of this project on December 10, 2019.
The City has entered into an agreement with Caltrans for 100% reimbursement for the
construction of this project up to the amount of$158,000.
The City Council previously approved advertisement for bids on January 14, 2020. The
bid solicitation was advertised on March 12, 2020 for a period of four weeks and bids
were opened on April 9, 2020. Six bids were received as follows:
1. Elecnor Belco Electric, Inc., Chino 138,572
2. CA Professional Engineering, Inc., La Puente 144,476
3. Crosstown Electrical & Data, Inc., Irwindale 158,873
4. International Line Builders, Corona 167,622
5. Select Electric, Inc., Vista 181,894
6. Calpromax Engineering, Inc., Tustin 188,100
7. Alfaro Communication Construction Inc., Compton $211,770
The low bid is about 5% higher than the Engineer's Estimate. Staff checked the
references and qualifications for Elecnor Belco Electric, Inc. and found them to be
acceptable, with adequate years of experience in completing contracts of similar nature
to this project. Therefore, staff recommends that Elecnor Belco Electric, Inc. be awarded
the contract in the amount of$152,429, representing an original bid amount of$138,572,
plus a 10% contingency of $13,857, for Accessible Pedestrian Signals Upgrade at
Various Locations Project.
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 was filed with the County Recorder's
Office on July 19, 2018.
Construction is scheduled to begin in May 2020 and is expected to be completed within
35 calendar days.
7. ATTACHMENTS
1. Location Maps
2. Bid Abstract
3. Contract Agreement
ITEM 2 OS/12/2020
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CONTRACT
Accessible Pedestrian Signals (APS)Upgrades at Various Locations
HSIPL-5073(086)(Bid No. 190-32)]
THIS CONTRACT (the "ContracY') is made and entered into as of
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"),and ELECNOR BELCO ELECTRIC,INC.,a California corporation("Contractor"),who
agree as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned,to
be made and performed by City,and under the conditions expressed in the two(2)bonds presented
to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to
and shall do all the work and furnish all the labor, materials, tools and equipment, except such as
are mentioned in the specifications to be furnished by City to Contractor,necessary to complete in
good workmanship and substantial manner the work (the "Work") described in:
1) the Construction Plans for Accessible Pedestrian Signals (ACS) Upgrades at
Various Locations— HSIPL-5073(086) (Drawing SP-4001) prepared for City by Eduardo Lopez,
approved by the "Engineer" (as defined below) on April 8, 2019, and consisting of sheets
numbered 1 through 10, inclusive(the"Plans");
2) The latest edition of the "City of Orange Standard Plans and Specifications" (the
Orange Book") with the term "Engineer," as used in the Orange Book and in this Contract, to
specifically include the City Engineer(or his/her designee);
3) The "Standard Specifications far Public Works Construction"(the"Green Book"),
and all amendments thereto;
4) The"City of Orange Standard Special Provisions";
5) The Required Federal-Aid Contract Language (Exhibit 12-G) attached hereto as
Attachment No. 3 and incorporated herein by this reference;
6) The Construction Contract DBE Commitment(Exhibit 15-G) attached hereto as
Attachment No. 4 and incorporated herein by this reference;
7) The Standard Plans; and
8) Contractor's Bid Proposal, which is on file with City's Department of Public
W orks.
b. Contractor acknowledges that it has received the Plans from City and that a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereof. The Orange Book,Green Book and City of Orange Standard Special
Provisions and Standard Plans are on file with City's Public Works Director and are hereby
specifically refened to and by such reference made a part hereof. A copy of the Special Provisions
and Standard Plans will also be kept on file with the City Clerk. Contractor hereby acknowledges
that it has read,reviewed and understands the Plans,the Orange Book,the Green Book,the Special
Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of
which documents shall be referred to herein collectively as the"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self-hauled construction and demolition waste. The terms and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and
the Bid Proposal and all applicable laws, including any and all applicable federal and state labor
laws and standards and applicable prevailing wage requirements and any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment.
e. Unless and until otherwise notified in writing by City's Public Works Director,
City's Principal 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.
f.It is expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and Contractor's Bid Proposal, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen(15)days
of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion
of the Work within thirty-five(35)calendar days from such date,unless legal extension is granted
in accordance with the terms set forth in the Green Book. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
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ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED
THIRTY-EIGHT THOUSAND FNE HUNDRED SEVENTY-TWO DOLLARS and 00/100
138,572.00) as compensation for furnishing all materials and doing all the Work contemplated
and embraced in this Contract. Said compensation covers(1)all loss or damage arising out of the
nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the Work until its acceptance by City,
other than as provided below; (3) all risks of every description connected with the Work; (4) all
expenses incurred by or in consequence of the suspension or discontinuance of the Work; and(5)
well and faithfully completing the Work, and for the whole thereof, in the manner and according
to the Plans and Specifications, and requirements of the Authorized City Representative under
them. Retention amounts shall be withheld from progress payments as required by law unless
Contractor provides securities in lieu of retention.
b. In addition to the scheduled Wark to be performed by the Contractor, the parties
recognize that additional, unforeseen work and services may be required by the Authorized City
Representative. In anticipation of such contingencies, the sum of THIRTEEN THOUSAND
EIGHT HUNDRED FIFTY SEVEN DOLLARS and 0/100 ($13,857.00) has been added to the
total compensation of this Agreement. The Authorized City Representative may approve the
additional work and the actual costs incurred by the Contractor in performance of additional work
or services in accordance with such amount as the Authorized City Representative and the
Contractor may agree upon in advance. Said additional work or services and the amount of
compensation therefor, up to the amount of the authorized contingency, shall be memorialized in
the form of a Change Order approved by the City Manager on a form acceptable to the City
Attorney. The Contractor agrees to perform only that work or those services that are specifically
requested by the Authorized City Representative. Any and all additional work and services
performed under this Agreement shall be completed in such sequence as to assure their completion
as expeditiously as is consistent with professional skill and care in accordance with a cost estimate
or proposal submitted to and approved by the Authorized City Representative prior to the
commencement of such work or services.
c. The total amount of compensation under this Agreement,including contingencies,shall
not exceed ONE HLINDRED FIFTY-TWO THOUSAND FOUR HLJNDRED TWENTY-NINE
DOLLARS and 00/100($152,429.00).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which are required under state or federal law to perform the Work contemplated by this
Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including
a City of Orange business license, at its cost, during the performance of this Contract.
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ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all work included in the
Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove
defective or should the Work as a whole prove defective, due to faulty equipment, workmanship,
materials furnished or methods of installations, or should said Work or any part thereof fail to
function properly,as designed, due to any of the above causes within twelve (12)months after the
date on which said Work is accepted by City, Contractor shall make repairs and furnish such
materials and equipment as are necessary to be furnished and installed within fifteen(15)calendar
days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as originally intended either by the Plans and Specifications of this
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen(15)calendar days after Contractor's
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by
City,Contractor shall reimburse City,upon demand,for all expenses incurred. Emergency repairs
will be deemed as those repairs determined by City's Director of Public Works to be necessary
due to an immediate detriment to the health, safety, welfare or convenience of the residents of
City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
PermiY'), 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.
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b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the
office of City's Director of Public Works. Contractor hereby acknowledges that it has read,
reviewed and understands the Permit,the DAMP and the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered pursuant to this Contract. City shall not have the
right to control the means by which Contractor accomplishes services rendered pursuant to this
Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and
equipment which may be required for furnishing services pursuant to this Contract. Contractor
shall be solely responsible for,and shall indemnify,defend and save City harmless from all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security,withholding and all other wages,salaries,benefits,taxes,exactions,and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement System benefits, or health, life, dental, long-term disability or workers'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have
no authority, express or implied,to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a "public work," as that term is
defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Department
of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this
Contract, Contractor must meet all State registration requirements and criteria, including project
compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a
copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and
1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed
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and understands those provisions of the Labor Code and shall prosecute and complete the Work
under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Accardingly, and
as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this contract."
d. Contractor shall indemnify,protect,defend and hold harmless City and its officers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attorney's fees, court and litigation costs, and fees of expert witnesses)which result or
arise in any way from the noncompliance by Contractor of any applicable local,state and/or federal
law, including, without limitation, any applicable federal and/or state labor laws (including,
without limitation,the requirement to pay state prevailing wages). It is agreed by the parties that,
in connection with the construction of the Work which is the subject of this Contract, Contractor
shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as
used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted, adopted or amended from time to time. The foregoing indemnity shall
survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractar agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color,religion, sex, national origin,mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin,mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,demotion
or transfer,recruitment or recnxitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor shall post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall,in all solicitations and advertisements for employees placed by,or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
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c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any work covered by this Contract, provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers,partners, or employees have a financial interest as
defined in Section 87103 of the Government Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, employees, attorneys, and contractors from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses
including reasonable attorneys' fees and court costs)which City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury, loss or
damage whatsoever caused to any person or the property of any person which shall occur on or
adjacent to the real property which is the subject of this Contract, or in connection with
performance of this Contract which may be directly or indirectly caused by the acts or omissions
of Contractor or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or
substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any
willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents,
employees, attorneys, or contractors. The foregoing indemnity shall survive termination of this
Contract.
b. Any and all claims under workers' compensation acts and other employee benefit
acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out
of Contractor's work under this Agreement,including any and all claims under any law pertaining
to Contractor's status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder and the results of that work by Contractor, its agents,
representatives, employees or subcontractors.
b. Contractor shall maintain the following minimum amount of insurance: the greater
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of either the limits set forth in(1)through(4),below; or all of the insurance coverage and/or limits
carried by or available to Contractor.
1) General Liability 2,000,000 per occurrence for bodily injury,personal
injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
2) Automobile Liability 1,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of California.
4) Employer's Liability 1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Contract are
sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to City, its officers, officials, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or
be endorsed to contain,the following provisions:
1) City, its officers, officials, agents, and employees are declared to be additional
insureds under the terms of the policy,with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability
arising out of work or operations performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such work or operations. A policy endorsement
to that effect shall be provided to City along with the certificate of insurance. In lieu of an
endorsement, City will accept a copy of the policy(ies)which evidences that City is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall
apply to City as an additional.
2) For any claims related to this project, Contractor's insurance coverage shall be
primary insurance with respect to City,its officers,officials,agents and employees. Any insurance
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or self-insurance maintained by City, its officers, officials, agents and employees shall be excess
of Contractor's insurance and shall not contribute with it.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
f.Contractor shall furnish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements should be on
forms acceptable to City. All certificates and endorsements are to be received and approved by
City before work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications
at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by City. In
such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i.Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Contractor, its employees, agents and subcontractors. Contractor
shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j.Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or his/her desigiee, 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.
9
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its
subcontractors shall maintain reasonably full and complete books, documents, papers, accounting
records and other information (collectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the term of this Contract and for a
period of three (3)years after termination or completion of this Contract, City shall have the right
to inspect and/or audit Contractor's records pertaining to the performance of this Contract at
Contractor's office. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal
laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that Contractor:
1) Has complied and shall at all times during the term of this Contract comply, in all
respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including,
without limitarion, the Immigration Reform and Control Act of 1986(IRCA); and
2) Has not and will not knowingly employ any individual to perform services under
this Contract who is ineligible to work in the United States or under the terms of this Contract; and
3) Has properly maintained, and shall at all times during the term of this Contract
properly maintain, all related employment documentation records including, without limitation,
the completion and maintenance of the Form I-9 for each of Contractor's employees; and
4) Has responded, and shall at all times during the term of this Contract respond, in a
timely fashion to any government inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security,the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or sub-consultants to make these
same representations and warranties required by this Article 15 when hired to perform services
under this Contract.
d. Contractor shall,upon request of City,provide a list of all employees working under
this Contract and shall provide, to the reasonable satisfaction of City, verification that all such
employees are eligible to work in the United States. All costs associated with such verification
shall be borne by Contractor. Once such request has been made, Contractor may not change
10
employees working under this Contract without written notice to City, accompanied by the
verification required herein for such employees. Contractor shall require all subcontractors and/or
sub-consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor,or a subcontractor or subconsultant,knowingly employs an employee
providing work under this Contract who is not authorized to work in the United States,and/or fails
to follow federal laws to determine the status of such employee, such shall constitute a material
breach of this Contract and may be cause for immediate termination of this Contract by City.
f.Contractor shall indemnify and hold City, its officials and employees harmless for,
of and from any loss, including but not limited to fines, penalties and corrective measures, City
may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in
connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State
of California and Contractor shall submit to the jurisdiction of California courts. Venue for any
dispute arising under this Contract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement,
oral or written,pertaining to the work to be performed under this Contract shall be of any force or
effect unless it is in writing and signed by both parties. Any work performed which is inconsistent
with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. For
contracts approved by the City Council: The City Manager is authorized to execute amendments
to this Contract up to the amounts speci6ed in Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in
writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of
deposit in the U.S. Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on
the date of the e-mail transmission.
11
CONTRACTOR" CITY"
Elecnor Belco Electric, Inc.City of Orange
14320 Albers Way 300 E. Chapman Avenue
Chino, CA 91710 Orange, CA 92866-1591
Attn: John Wong Attn: Eduardo Lopez
Telephone: 909-993-5470 Telephone: 714-744-5527
E-Mail: jwong@elecnor.com E-Mail: edlopez@cityoforange.org
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the work provided herein shall be subject to the procedures set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts,each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument. Signatures
transmitted via facsimile and electronic mail shall have the same effect as original signatures.
Remainder of page intentionally left blank; signatures on next page]
12
IN WITNESS WHEREOF,the parties have entered into this Contract as of 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, BONDSAND INSURANCE
APPROVED BY: ATTEST:
Mary E. Binning Pamela Coleman, City Clerk
Senior Assistant City Attorney
CONTRACTOR"
Elecnor Belco Electric, Inc.,
a California corporation
Note: Signature of Chairman of the By:
Board, President or Vice President is Printed Name:
required] Title:
Note: Signature of Secretary,Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also required] Title:
13
ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application;
fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any
public work contract that is subject to the requirements of this chapter. For the purposes of this section,
contractor"includes a subcontractor as defined by Section 1722.l.
a) To qualify for registration under this section, a contractor shall do all of the following:
1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and
pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under
this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee
shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal
fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual
increments up to three years from the date of registration. Contractors who wish to do so will be required to
prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which
they wish to preregister.
2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section
3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is
subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of warkers' compensation insurance or
certification of self-insurance required under Section 7125 of the Business and Professions Code.
B) If applicable,the contractor is licensed in accordance with Chapter 9(commencing with Section 7000)of
the Business and Professions Code.
C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or
determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration
award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment,
order, or determination that is under appeal, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law
providing for the debarment of contractors from public works.
E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the
performance of a contract for public works without being lawfully registered in accordance with this section,
within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e),
whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph,the period
Attachment No. 1 oii9
Page 1 of 13
of disqualification shall be waived if both of the following are true:
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 determination by the Director of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subcontractors are registered under this section or are
replaced by a contractor or subcontractors who are registered under this section.
3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal,
contract, or work performed after the awarding body is served with notice of the determination or decision
referred to in paragraph(2).
e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to
any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work
performed under a contract for public work on or after January 1, 2018, regardless of when the contract for
public work was executed.
This section does not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for constnzction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars($15,000)or less when the project is for
maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
Attachment No. 1 rnit9
Page 2 of 13
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.
Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission;
exceptions; violations; penalties
a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract far
public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public
works contracts,and a bid shall not be accepted nor any contract or subcontract entered into without proof of
the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
1) The subcontractor is registered prior to the bid opening.
2)Within 24 hours after the bid opening,the subcontractor is registered and has paid the penalty registration
fee specified in subparagraph(E)of paragraph(2) of subdivision(a)of Section 1725.5.
3) The subcontractar is replaced by another registered subcontractor pursuant to Section 4107 of the Public
Contract Code.
d) Failure by a subcontractor to be registered to perform public work as required by subdivision(a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding
authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
e)The department shall maintain on its Internet Web site a list of contractors who are currently registered to
perform public work pursuant to Section 1725.5.
fl A contract entered into with any contractor or subcontractor in violation of subdivision(a)shall be subject
to cancellation, provided that a contract for public work shall not be unlawful,void, or voidable solely due to
the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section
1725.5 or this section.
g) If the Labor Commissioner or his ar her designee determines that a contractor or subcontractor engaged
in the performance of any public work contract without having been registered in accordance with this section,
the contractor or subcontractor shall forfeit,as a civil penalty to the state,one hundred dollars($100) for each
day of work performed in violation of the registration requirement,not to exceed an aggregate penalty of eight
thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of
subparagraph(E) of paragraph(2)of subdivision(a)of Section 1725.5.
h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
Attachment No. 1 roi 9
Page 3 of 13
tiered public works contractor or subcontractor who is found to have entered into a subcontract with an
unregistered lower tier subcontractor to perform any public wark in violation of the requirements of Section
1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state,of one hundred dollars($100)
for each day the unregistered lower tier subcontractor performs work in violation of the registration
requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph(2) of
subdivision(a)of Section 1775 when determining the severity of the violation and what penalty to assess,and
may waive the penalty for a first time violation that was unintentional and did not hinder the Labor
Commissioner's ability to monitor and enforce compliance with the requirements of this chapter.
3)A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant
to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section
1725.5 due to the revocation of a previously approved registration.
4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works
contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or
subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any
penalties pursuant to paragraph (1).
i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in
accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g)
and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment
issued under this subdivision may be requested in accordance with the provisions of Section 1742. The
regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Article 2 (commencing with Section 1770), shall apply.
j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without
having been registered in violation of the requirements of Section 1725.5 or this section, the Labor
Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the
unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor
is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public
work.
2) A stop order may be personally served upon the contractor or subcontractor by either of the following
methods:
A)Manual delivery of the order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public
work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or
subcontractor at one of the following:
i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors'
State License Board.
ii)If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors'
State License Board, the address of the site of the public work.
3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party
contracting with the unregistered contractor or subcontractor,by the unregistered contractor or subcontractor,
Attachment No. 1 roir9
Page 4 of 13
or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the
procedures, time limits, and other requirements specified in subdivision(a) of Section 238.1.
4)Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered
by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage
rate by that employer for any hours the employee would have worked but for the work stoppage,not to exceed
10 days.
k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or
subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty
of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding
ten thousand dollars ($10,000), or both.
1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for
public work entered into on or after April 1, 2015. This section shall also apply to the performance of any
public work,as defined in this chapter,on or after January 1,2018,regardless of when the contract for public
work was entered.
m)Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 17713 and shall be used only for the purposes specified in that section.
n)This section shall not apply to work performed on a public works project of twenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars($15,000)or less when the project is for
maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
a) All of the following are applicable to all public works projects that are otherwise subject to the
requirements of this chapter:
1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by
regulation.
3)Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A)At least monthly or mare frequently if specified in the contract with the awarding body.
B) In a format prescribed by the Labor Commissioner.
4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on
a project for which registration is not required because of subdivision (fl of Section 1725.5, the unregistered
contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years after
completion of the work.
AttaChment No. 1 (roi 9)
Page 5 of 13
5) 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) if either of the following occurs:
1)The awarding body has enforced an approved labor compliance program,as defined in Section 1771.5, on
all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December 31, 2011.
2)The awarding body has entered into a collective bargaining agreement that binds all contractors performing
work on the project and that includes a mechanism for resolving disputes about the payment of wages.
c) The requirements of paragraph(1)of subdivision(a)shall only apply to contracts for public works projects
awarded on or after January 1,2015.
d)The requirements of paragraph (3) of subdivision(a) shall apply to all contracts for public work, whether
new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars($200)
for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work done
under the contract by the contractor or, except as provided in subdivision(b),by any subcontractor under the
contractor.
2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of
both of the following:
i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good
faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the
contractor or subcontractor.
ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
B)(i)The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate,unless the failure of the contractor or subcontractor to pay the
correct rate of per diem wages was a good faith mistake and, if so, the enor was promptly and voluntarily
corrected when brought to the attention of the contractor or subcontractor.
ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
within the previous three years for failing to meet its prevailing wage obligations on a separate contract,unless
those penalties were subsequently withdrawn or overturned.
iii) The penalty may not be less than one hundred twenry dollars ($120) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision(c) of Section 1777.1.
Attachment No. 1 loi v
Page 6 of 13
C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding
wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar
day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the contractor or subcontractor,and the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
b) If a worker employed by a subcontractor on a public works project is not paid the genera] prevailing rate
of per diem wages by the subcontractor,the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the
specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of
the following requirements:
1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5,
1813, and 1815.
2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the
subcontractor to the employees,by periodic review of the certified payroll records of the subcontractor.
3)Upon becoming aware of the failure of the subcontractor to pay his or her warkers the specified prevailing
rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including,but
not limited to,retaining sufficient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the
public works project and any amounts due pursuant to Section 1813.
c)The Division of Labor Standards Enforcement shall notify the contractor on a public works project within
15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a
subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive
nonredacted copies of certified records; noncompliance penalties; rules
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or
her in connection with the public wark. Each payroll recard 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.
Attachment No. 1 ini 9
Page 7 of 13
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
b)The payroll records enumerated under subdivision(a)shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
2)A certified copy of all payroll records enumerated in subdivision(a)shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract and the Division of Labor
Standards Enforcement of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision(a) shall be made available upon request
by the public for inspection or for copies thereo£ However, a request by the public shall be made through
either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll
records have not been provided pursuant to paragraph(2), the requesting party shall, prior to being provided
the records,reimburse the costs of preparation by the contractar, subcontractors, and the entity through which
the request was made. The public may not be given access to the records at the principal office of the
contractor.
c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of
subdivision(a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with
the entity that requested the records within 10 days after receipt of a written request.
e) Except as provided in subdivision (fl, any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding body or the Division of Labor
Standards Enforcement shall be marked ar obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the subcontractor
performing the contract shall not be marked or obliterated. Any copy of records made available for inspection
by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the purposes of allocating contributions to participants shall be marked or obliterated only to
prevent disclosure of an individual's full social security number, but shall provide the last four digits of the
social security number. Any copy of recards 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. Sea USa) shall be marked or obliterated only to prevent disclosure of an individual's social security
number.
fl(1)Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike
Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance
Code and other law enforcement agencies investigating violations of law shall, upon request, be provided
nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for
inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike
Attachment No. 1 roii9
Page 8 of 13
Farce on the Underground Economy or to a law enforcement agency investigating a violation of law shall be
marked or redacted to prevent disclosure of an individual's name, address, and social security number.
2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in
good faith in compliance with this subdivision.
g)The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision(a). In the event that the contractor ar subcontractor fails to
comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is
not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply
with this section.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
j)The directar shall adopt rules consistent with the California Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the
release of these records, including the establishment of reasonable fees to be charged for reproducing copies
of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable
craft or trade; exemptions; contributions; compliance program
a)(1) This chapter does not prevent the employment upon public works of properly registered
apprentices who are active participants in an approved apprenticeship program.
2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of the
California Apprenticeship Council established pursuant to Section 3070.
b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or
trade to which he or she is registered.
2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch
of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice
to fill out an application or undergo testing, training, an examination, or other preemployment process as a
condition of employment, the apprentice shall be paid for the time spent on the required preemployment
activity,including travel time to and from the required activity,if any,at the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective
bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or
she fails to pass that test.
Attachment No. 1 toii9
Page 9 of 13
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) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade,the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs,upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
o).
e) Before commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract,
the number of apprentices proposed to be employed, and the approximate dates the apprentices would be
employed. A copy of this information shall also be submitted to the awarding body, if requested by the
awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the
journeyman and apprentice hours performed on the contract. The information under this subdivision shall be
public. The apprenticeship programs shall retain this information for 12 months.
fl The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as
otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every
five hours of journeyman work.
h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ
Attachment No. 1 ioir9
Page 10 of 13
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each five journeymen in a craft or trade classification.
i)A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship
program in the craft or trade,shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision (g).
j)Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every
five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate
exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions
is met:
1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen
annually through apprenticeship training, either on a statewide basis or on a local basis.
4) Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public
at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a journeyman.
1) If an exemption is granted pursuant to subdivision (k) to an arganization that represents contractars in a
specific trade from the 1-to-5 ratio on a local or statewide basis,the member contractors shall not be required
to submit individual applications for approval to local joint apprenticeship committees, if they are already
covered by the local apprenticeship standards.
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Department of Industrial Relations for administering this subdivision, by making
Attachment No. 1 toit9
Page 11 of 13
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program shall
be made.
ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade
and county for which the training contributions were made to the council, the grant shall be divided among
those programs based on the number of apprentices from that county registered in each program.
iii) All training contriburions not distributed under clauses (i) and (ii) shall be used to defray the future
expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship
and preapprenticeship standards and requirements under this code.
B)An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the
apprenticeship program agrees,prior to the receipt of any grant funds,to keep adequate records that document
the expenditure of grant funds and to make all records available to the Department of Industrial Relations so
that the Department of Industrial Relations is able to verify that grant funds were used solely for training
apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices,
receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be
deemed to require an apprenticeship program to provide the Department of Industrial Relations with mare
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C)The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used
solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds
are expended or if an apprenticeship program is found to be using grant funds for purposes other than training
apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of
the apprenticeship program.
3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the
Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of
carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.
n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars($30,000).
p)An awarding body that implements an approved labor compliance program in accordance with subdivision
b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under
the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
Attachment No. 1 inii9
Page 12 of 13
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution 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.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 '/z
times the basic rate of pay.
Attachment No. 1 toit9
Page 13 of 13
ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of
contractors for public works projects; claims process(Eff: January 1, 2017)
a) The Legislature 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)Far purposes of this section:
1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return
receipt requested, for one or more of the following:
A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by a public entity under a contract for a public works project.
B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled.
C) Payment of an amount that is disputed by the public entity.
2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000)of Division 3 of the Business and Professions Code who has entered into a direct contract with a public
entity for a public works project.
3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division, bureau, board, or commission, the California State University, the University of
California, a city, including a charter city, county, including a charter county, city and county, including a
charter city and county, district, special district,public authority, political subdivision,public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
B) "Public entity" shall not include the following:
i) The Department of Water Resources as to any project under the jurisdiction of that department.
ii)The Department of Transportation as to any project under the jurisdiction of that department.
iii)The Department of Parks and Recreation as to any project under the jurisdiction of that department.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter 11 (commencing with Section 7000)of Title 7 of Part 3 of the Penal Code.
Attachment No. 2
Page 1 of 3
v)The Military Department as to any project under the jurisdiction of that department.
vi)The Department of General Services as to all other projects.
vii)The High-Speed Rail Authority.
4) "Public warks projecY'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 entiry to which the claim applies shall
conduct a reasonable review of the claim and,within a period not to exceed 45 days,shall provide the claimant
a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon
receipt of a claim,a public entity and a contractor may,by mutual agreement,extend the time period provided
in this subdivision.
B) The claimant shall furnish reasonable documentation to support the claim.
C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the muhzally agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day period,or extension,
expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after
the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph
3) shall apply.
2)(A) If the claimant disputes the public entity's written response,or if the public entity fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail ar 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 mediatar, each
party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator. If inediation is unsuccessful, the parts of
the claim remaining in dispute shall be subject to applicable procedures outside this section.
Attachment No. 2
Page 2 of 3
C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to,
neutral evaluation or a dispute review board, in which an independent third party or board assists the parties
in dispute resolution through negotiation or by issuance of an evaluation.Any mediation utilized shall conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation
has been commenced.
E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program,if inediation under this section does not resolve
the parties' dispute.
3) Failure by the public entity to respond to a claim from a contractor within the time periods described in
this subdivision or to otherwise meet the time requirements of this section shall result in the claim being
deemed rejected in its entirety.A claim that is denied by reason of the public entity's failure to have responded
to a claim,or its failure to otherwise meet the time requirements of this section,shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity
because privity of contract does not exist,the contractor may present to the public entity a claim on behalf of
a subcontractor or lower tier subcontractor.A subcontractor may request in writing,either on their own behalf
or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public entity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim,provide the subcontractor with a statement of the reasons for not having done so.
e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public
works project that may give rise to a claim under this section.
A waiver of the rights granted by this section is void and contrary to public policy,provided,however,that
1)upon receipt of a claim,the parties may mutually agree to waive,in writing,mediation and proceed directly
to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair
the timeframes and procedures set forth in this section.
g)This section applies to contracts entered into on or after January 1, 2017.
h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
i)This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later
enacted statute,that is enacted before January 1, 2027, deletes ar extends that date.
Attachment No. 2
Page 3 of 3
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
ATTACHMENT NO.3
EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE
For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction
contracts.The following language,with minor edits, was taken from the Code of Federal
Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES(DBE)................................................................................2
A. DBE COMMITMENT SUBMITTAL....................................................................................................2
B. GOOD FAITH EFFORTS SUBMITTAL.............................................................................................3
C. EXHIBIT 15-G -CONSTRUCTION CONTRACT DBE COMMITMENT............................................3
D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS..................4
E. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES..........................................4
2. BID OPENING ................................................................................................................................................5
3. BID RIGGING .................................................................................................................................................5
4. CONTRACT AWARD.....................................................................................................................................5
5. CONTRACTOR LICENSE..............................................................................................................................5
6. CHANGED CONDITIONS..............................................................................................................................5
A. DIFFERING SITE CONDITIONS.......................................................................................................5
B. SUSPENSIONS OF WORK ORDERED BYTHE ENGINEER.........................................................6
C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK..........................................................6
7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES......................................6
8. BUYAMERICA...............................................................................................................................................7
9. QUALITYASSURANCE.................................................................................................................................7
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS.....................................................7
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ......................7
12. FEMALE AND MINORITY GOALS..............................................................................................................20
13. TITLE VI ASSURANCES..............................................................................................................................21
14. USE OF UNITED STATES-FLAG VESSELS(CARGO PREFERENCE ACT).............................................22
15. FEDERALTRAINEEPROGRAM.................................................................................................................22
Page 1 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Conrtact Language
1. DISADVANTAGED BUSINESS ENTERPRISES(DBE)
Under 49 CFR 26.13(b):
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract(49
CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal
for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors
and suppliers.
Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate
good faith efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs
certified by the California Unified Certification Program, click here.
All DBE participation will count toward the California Department of Transportation's federally mandated
statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of
materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular
dealer.49CFR26.55 defines"manufacturer"and "regular dealer."
You receive credit towards the goal if you employ a DBE trucking company that performs a commercially
useful function as defined in 49CFR26.55(d)(1)as follows:
The DBE must be responsible for the management and supervision of the entire trucking operation
for which it is responsible on a particular contract,and there cannot be a contrived arrangement for
the purpose of ineeting DBE goals.
The DBE must itself own and operate at least one fully licensed, insured, and operational truck
used on the contract.
The DBE receives credit for the total value of the transportation services it provides on the
Contract using trucks it owns, insures, and operates using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a
DBE. The DBE who leases trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the Contract.
The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE
leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is
entitled to credit for the total value of these hauling services.
A lease must indicate that the DBE has exclusive use of and control over the truck.This does not
preclude the leased truck from working for others during the term of the lease with the consent of
the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased
trucks must display the name and identification number of the DBE.
a. DBE Commitment Submittal
Submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. If the form is
not submitted with the bid, remove the form from the Bid book before submitting your bid.
If the DBE Commitment form is not submitted with the bid, all bidders must complete and submit Exhibit
15-G to the Agency.The DBE Commitment form must be received by the Agency within five(5)days of bid
opening.
Page 2 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation
with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is
participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid
nonresponsive.
b. Good Faith Efforts Submittal
Exhibit 15-H: Proposer/Contractor Good Faith Efforts is due to the local agency within five (5)days of bid
opening. Days means calendar days. In computing any period of time described in this part, the day from
which the period begins to run is not counted, and when the last day of the period is a Saturday, Sunday, or
federal holiday, the period extends to the next day that is not a Saturday, Sunday, or federal holiday. Similarly,
in circumstances where the recipienYs offices are closed for all or part of the last day, the period extends to
the next on which the agency is open. Only good faith efforts directed towards obtaining participation and
meeting or exceeding the DBE contract goal will be considered.
Submittal of good faith efforts documentation within the specified time protects your eligibility for award of the
contract in the event the Agency finds that the DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting documents, as
necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might
otherwise perform with your own forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed, show the
dollar value and percentage of the total contract. It is your responsibility to demonstrate that
sufficient work to meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project.
Include the items of work offered. Describe the methods used for following up initial
solicitations to determine with certainty if the DBEs were interested, and the dates of the
follow-up.Attach supporting documents such as copies of letters, memos,facsimiles sent,
telephone logs, telephone billing statements, and other evidence of solicitation. You are
reminded to solicit certified DBEs through all reasonable and available means and provide
sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include
name, address, and telephone number of each DBE that provided a quote and their price
quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the
project. Attach copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in
contacting, recruiting, and using DBE firms. If the agencies were contacted in writing,
provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications, and requirements of the contract to assist them in responding to a
solicitation. If you have provided information, identify the name of the DBE assisted,the
nature of the information provided, and date of contact. Provide copies of supporting
documents,as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit,
insurance, necessary equipment, supplies, and materials, excluding supplies and
equipment that the DBE subcontractor purchases or leases from the prime contractor or
its affiliate. If such assistance is provided by you, identify the name of the DBE assisted,
nature of the assistance offered, and date assistance was provided. Provide copies of
supporting documents,as appropriate.
8. Any additional data to support demonstration of good faith efforts.
Page 3 of 24
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
The Agency may consider DBE commitments from other bidders when determining whether the low bidder
made good faith efforts to meet or exceed the DBE goal.
c. Exhibit 15-G -Construction Contract DBE Commitment
Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents
regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the
DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is
participating as a joint venture partner, please submit a copy of the joint venture agreement.
d. Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors(DBE and Non-DBE),
and Exhibit 15-G Construction Contract DBE Commitment form unless you receive authorization for a
substitution.
The Agency requests the Contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1 St-tier subcontractor
Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company,
regardless of tier
Date of payment and total amount paid to each business(see Exhibit 9-F:Monthly Disadvantaged
Business Enterprise Payment)
If you are a DBE contractor, include the date of work performed by your own forces and the corresponding
value of the work.
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work,the DBE must notify you in writing of the decertification
date. If a business becomes a certified DBE before completing its work,the business must notify you in
writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged
Business Enterprises(DBE)Certification Status Change, Exhibit 17-0,form. Submit the form within 30 days
of contract acceptance.
Upon work completion, complete Exhibit 17-F Final Report—Utilization ofDisadvantaged Business Enterprises
DBE), First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold
10,000 until the form is submitted.The Agency releases the withhold upon submission of the completed form.
e. Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE
Commitment
form, included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces
or obtain materials from other sources without authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of
the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the
project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet
your bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors
License Law.
Page 4 of 24
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
l0. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work
on the Contract.
1 l. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide
the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of
other forces or sources of materials should not occur.Your request to use other forces or material sources
must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from you to the DBE regarding the request.
3. Notices from the DBEs to you regarding the request.
If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to
substitute for the original DBE.The substitute DBE must perform at least the same amount of work as the
original DBE under the contract to the extent needed to meet or exceed the DBE goal.
The contractor or consultant shall utilize the specific DBEs listed to perForm the work and supply the materials
for which each is listed unless the contractor or subconsultant obtains the agency's written consent. Unless
the agency's consent is provided, the contractor shall not be entitled to any payment for work or material
unless it is performed or supplied by the listed DBE on the Exhibit 15-G: Construction Contract DBE
Commitment.
2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to
Contractors.
3. BID RIGGING The U.S. Department of Transportation (DOT)provides a toll-free hotline to report bid rigging
activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline
number is(800)424-9071.The service is available 24 hours 7 days a week and is confidential and
anonymous.. The hotline is part of the DOT's effort to identify and investigate highway construction contract
fraud and abuse and is operated under the direction of the DOT tnspector General.
4. CONTRACT AWARD If the Agency awards the contract,the award is made to the lowest responsible and
responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance
Public Contract Code§ 10164).
6. CHANGED CONDITIONS
a. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the
site differing materially from those indicated in the contract or if unknown physical conditions of an
unusual nature, differing materially from those ordinarily encountered and generally recognized as
inherent in the work provided for in the contract, are encountered at the site,the party discovering
such conditions shall promptly notify the other party in writing of the specific differing conditions
before the site is disturbed and before the affected work is performed.
2. Upon written notification,the engineer will investigate the conditions, and if it is determined that
the conditions materially differ and cause an increase or decrease in the cost or time required for
Page 5 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
the performance of any work under the contract,an adjustment, excluding anticipated profits,will
be made and the contract modified in writing accordingly.The engineer will notify the contractor
of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the
contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged
work. (This provision may be omitted by the Local Agency, at their option.)
b. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in
writing for an unreasonable period of time (not originally anticipated, customary,or inherent to
the construction industry)and the contractor believes that additional compensation and/or
contract time is due as a result of such suspension or delay, the contractor shall submit to the
engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to
resume work.The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the
cost and/or time required for the performance of the contract has increased as a result of such
suspension and the suspension was caused by conditions beyond the control of and not the fault
of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by
weather, the engineer will make an adjustment(excluding profit)and modify the contract in
writing accordingly. The contractor will be notified of the engineer's determination whether or not
an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for
adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would
have been suspended or delayed by any other cause, or for which an adjustment is provided or
excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in
quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety,
and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the
contract, whether such alterations or changes are in themselves significant changes to the
character of the work or by affecting other work cause such other work to become significantly
different in character, an adjustment, excluding anticipated profit,will be made to the contract.
The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis
cannot be agreed upon, then an adjustment will be made either for or against the contractor in
such amount as the engineer may determine to be fair andequitable.
3. If the alterations or changes in quantities do not significantly change the character of the
work to be performed under the contract,the altered work will be paid for as provided
elsewhere in the contract.
4. The term"significant change"shall be construed to apply only to the following circumstances:
When the character of the work as altered differs materially in kind or nature from that
involved or included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in
excess of 125 percent or decreased below 75 percent of the original contract
quantity. Any allowance for an increase in quantity shall apply only to that portion in
excess of 125 percent of original contract item quantity,or in case of a decrease
below 75 percent, to the actual amount of work perFormed.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of TEN WORKING DAYS
beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Orange the sum of$ 500 per day,for each and every
calendar days' delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance
and certified mill test reports. Mill test reports must indicate where the steel and iron were melted
and manufactured. Steel and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production
of the steel and iron materials[60 Fed Reg 15478(03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or
2,500, materials produced outside the U.S. may be used.
Production includes:
l. Processing steel and iron materials, including smelting or other processes that alter the physical form or
shape(such as rolling, extruding, machining, bending,grinding, and drilling)or chemical composition;
2. Coating application, including epoxy coating,galvanizing, and painting, that protects or enhances the
value of steel and iron materials.
9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program (QAP)to ensure a material is produced to comply with the
Contract.You may examine the records and reports of tests the Agency performs if they are available at the job
site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The agency may hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime
contractor based on these acceptances.The prime contractor, or subcontractor, shall return all monies
withheld in retention from a subcontractor within seven (7)days after receiving payment for work satisfactorily
completed and accepted including incremental acceptances of portions of the contract work by the agency,
unless as agreed to in writing by the prime contractor and subcontractor, pursuant to Section 7108.5 of the
Business and Professions Code and Section 10262 of the California Public Contract Code.Any violation of
these provisions shall subject the violating prime contractor or subcontractor to the penalties,sanctions and
other remedies specified therein.These requirements shall not be construed to limit or impair any contractual,
administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of
a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance,or
noncompliance by a subcontractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
Excluding ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS)
12. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10'h of the
following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged
Business Enterprise Running Tally of Payments to business.support.unit(a dot.ca.qov with a copy to the Agency.
The following 12 pages must be physically inserted into the contract without modification.]
Page 7 of 24
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273-- Revised May 1, 2012
REQUIRED CONTRACT
PROVISIONS FEDERAL-AID
CONSTRUCTION CONTRACTS
Page S of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. General II.NONDISCRIMINATION
II. Nondiscrimination
III. No segregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable
IV. Davis-Bacon and Related Act Provisions to all Federal-aid construction contracts and to all related construction
V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more.The provisions of 23 CFR Part 230
VL Subletting or Assigning the Contract are not applicable to material supply,engineering,or architectural
VII. Safety:Accident Prevention service contracts.
VIII. False Statements Concerning Highway Projects
In addition,the contractor and all subcontractors must comply with theIX. Implementation of Clean Air Acl and Federal Water Pollution
following policies:Executive Order 11246,41 CFR 60,29 CFR 1625-Control Act
1627,Title 23 USC Section 140,the Rehabilitation Act of 1973,as
X. Compliance with Government wide Suspension and Debarment amended(29 USC 794),Title VI of the Civil Rights Act of 1964,as
Requirements
amended,and related regulations including 49 CFR Parts 21,26 andXI. Certification Regarding Use of Contract Funds for Lobbying 27 and 23 CFR Parts 200,230,and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with:the
A.Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding$10,000,the Standard Federal
included in Appalachian contracts only)
Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60.3.
I.GENERAL Note:The U.S.Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the policies of
1.Form FHWA-1273 must be physically incorporated in each the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627.
construction contract funded under Title 23(excluding emergency The contracting agency and the FHWA have the authority and the
contracts solely intended for debris removal).The contractor(or responsibility to ensure compliance with Title 23 USC Section 140,the
subcontrector)must insert this form in each subcontract and further Rehabilitation Act of 1973,as amended(29 USC 794),and Tille VI of
require its inclusion in all lower tier subcontracts(excluding purchase the Civil Rights Act of 1964,as amended,and related regulations
orders,rental agreements and other agreements for supplies or including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and
services). 633.
The applicable requirements of Form FHWA-1273 are incorporated by The following provision is adopted from 23 CFR 230,Appendix A,with
reference for work done under any purchase order,rental agreemenl or appropriate revisions to conform to the U.S.Department of Labor(US
agreement for other services.The prime contractor shall be responsible DOL)and FHWA requirements.
for compliance by any subcontractor,lower-tier subcontractor or service
provider.
1.Equal Employment OppoRunity:Equal employment opportunity
Form FHWA-1273 must be included in all Federal-aid design-build EEO)requirements not lo discriminate and to take affirtnative action to
contracts,in all subcontracts and in lower tier subcontracts(excluding assure equal opportunity as set forth under laws,executive orders,
subcontracts for design services,purchase orders,rental agreements rules,regulations(28 CFR 35,29 CFR 1630,29 CFR 1625-1627,41
and other agreements for supplies or services).The design-builder shall CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as
be responsible for compliance by any subcontractor,lower-tier modifed by the provisions prescribed herein,and imposed pursuant to
subcontractor or service provider.
23 U.S.C.140 shall constitute the EEO and specific affirmative action
standards for the contractoYs project activities under this contracL The
Contracting agencies may reference Form FHWA-1273 in bid proposal provisions of the Americans with Disabilities Ad of 1990(42 U.S.C.
or request for proposal documents,however,the Form FHWA-1273 2 01 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are
must be physically incorporeted(not referenced)in all contracts, incorporated by reference in this contracL In the execution of this
subcontracts and lower-tier subcontracts(excluding purchase orders, contract,the contractor agrees to comply with the following minimum
rental agreements and other agreements for supplies or services related specific requirement activities of EEO:
to a construction contract).
a.The contractor will work with the contracting agency and the Federal
2.Subject to the applicability criteria noted in the following sections, Govemment to ensure that it has made every good faith effort to
these contract provisions shall apply to all work perfortned on the provide equal opportunity with respect to all of its tertns and
contract by the contractor's own organization and with the assistance conditions of employment and in their review of activities under the
of workers under the contractor's immediate superintendence and to contract.
all work perfortned on the contract by piecework,station work,or by
subcontract. b.The contractor will accept as its operating policy thefollowing
statement
3.A breach of any of the stipulations contained in these Required
Contract Provisions may be suffcient grounds for withholding of "It is the policy of this Company to assure that applicants are employed,
progress payments,withholding of final payment,termination of the and that employees are treated during employment,without regard to
contract,suspension/debarment or any other action detertnined to their race,religion,sex,color,national origin,age or disability.Such
be appropriate by the contracting agency and FHWA. action shall include:employment,upgrading,demotion,or transfer;
recruitment or recruitment advertising;layoff or termination;rates of pay
4.Selection of Labor:During the perfortnance of this contract,the or other forms of compensation;and selection for training,including
contractor shall not use convict labor for any purpose within the limits apprenticeship,pre-apprenticeship,and/or on-the-job training."
of a construction project on a Federal-aid highway unless it is labor
performed by convicts who are on parole,supervised release,or
probation.The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minorcollectors.
FHWA-1273--Revised May 1,2012
Page 9 of 24
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2.EEO Officer:The contractor will designate and make known to
the contracting officers and EEO Officer who will have the c.The contractor will encourage its present employees to refer
responsibility for and must be capable of effectively administering minorities and women as applicants for employment.
and promoting and active EEO program and who must be assigned Information and procedures with regard to referring such
adequate authority and responsibility to do so. applicants will be discussed with employees.
5.Personnel Actions:Wages,working conditions,and employee
3. Dissemination of Policy:All members of the contractor's staff benefits shall be established and administered,and personnel
who are authorized to hire,supervise,promote,and discharge actions of every type,including hiring,upgrading,promotion,
employees,or who recommend such action,or who are transfer,demotion,layoff,and tertnination,shall be taken without
substantially involved in such action,will be made fully cognizant of, regard to race,color,religion,sex,national origin,age or disability.
and will implement,the contractor's EEO policy and contractual The following procedures shall be followed:
responsibilities to provide EEO in each grade and ciassification of
employment.To ensure that the above agreement will be met,the a.The contractor will conduct periodic inspections of project sitesto
following actions will be taken as a minimum: insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then b.The contractor will periodically evaluate the spread of wagespaid
not less often than once every six months,at which time the within each classification to determine any evidence of
contractors EEO policy and its implementation will be reviewed discriminatory wage practices.
and explained.The meetings will be conducted by the EEO
Officer. c.The contractor will periodically review selected personnel actions
b.All new supervisory or personnel office employees will be given
in depth to determine whether there is evidence ofdiscrimination.
a thorough indoctrination by the EEO Officer,covering all major
Where evidence is found,the contractor will promptly take
aspects of the contractor's EEO obligations within thirty days
corrective action.If the review indicates that the discrimination
following their reporting for dury with the contractor.
may extend beyond the actions reviewed,such corrective action
shall include all affected persons.
c.All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in thecontractor's d.The contractor will promptly investigate all complaints of alleged
procedures for locating and hiring minorities and women. discrimination made to the contractor in connection with its
obligations under this contract,will attempt to resolve such
d.Notices and posters setting forth the contractors EEO policywill complaints,and will take appropriate corrective action within a
be placed in areas readily accessible to employees,applicants reasonable time.If the investigation indicates that the
for employment and potential employees. discrimination may affect persons other than the complainant,such
e.The contractor's EEO policy and the procedures to implement corrective action shall include such other persons.Upon
such policy will be brought to the attention of employees by
completion of each investigation,the contractor will inform every
means of ineetings,employee handbooks,or other appropriate
complainant of all of their avenues of appeal.
means.
6.Training and Promotion:
4.Recruitment:When advertising for employees,the contractor a.The contractor will assist in locating,qualifying,and increasing
will include in all advertisements for employees the notation:"An the skills of minorities and women who are applicants for
Equal OppoRunity Employer."All such advertisements will be employment or current employees.Such effoAs should be aimed
placed in publications having a large circulation among minorities at developing full journey level status employees in the type of
and women in the area from which the project work force would trade or job classification involved.
normally be derived.
a.The contractor will,untess precluded by a valid bargaining
b. Consistent with the contractor's work force requirements and as
pertnissible under Federal and State regulations,the contractor
agreement,conduct systematic and direct recruitment through shall make full use of traini g programs,i.e.,apprenticeship,and
public and private employee referral sources likely to yield on-the-job training programs for the geographical area of contract
qualified minorities and women.To meet this requirement,the performance.In the event a special provision for training is
contractor will identify sources of potential minority group provided under this contract,this subparagraph will be
employees,and establish with such identified sources superseded as indicated in the special provision.The contracting
procedures whereby minority and women applicants may be agency may reserve training positions for persons who receive
referred to the contractor for employment consideration. welfare assistance in accordance with 23 U.S.C.140(a).
b.In the event the contractor has a valid bargaining agreement c.The contractor will advise employees and applicants for
providing for exclusive hiring hall referrals,the contractor is employment of available training programs and entrance
expected to observe the provisions of that agreement to the requirements for each.
extent that the system meets the contractor's compliance with
EEO contract provisions.Where implementation of such an d.The contractor will periodically review the training and promotion
agreement has the effect of discriminating against minorities or potentiat of employees who are minorities and women andwill
women,or obligates the contractor to do the same,such encourage eligible employees to apply for such training and
implementation violates Federal nondiscrimination provisions.promotion.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
7.Unions:If the contractor relies in whole or in part upon unionsas 10.Assurance Required by 49 CFR 26.13(b):
a source of employees,the contractor will use good faith efforts to
obtain the cooperation of such unions to increase opportunities for a.The requirements of 49 CFR Part 26 and the State DOT's U.S.
minorities and women.Actions by the contractor,either directly or DOT-approved DBE program are incorporated by reference.
through a contractor's association acting as agent,will include the
procedures set forth below: b.The contractor or subcontractor shall not discriminate on the
basis of race,color,national origin,or sex in the performance of
a.The contractor will use good faith efforts to develop,in this contract.The contractor shall carry out applicable
cooperation with the unions,joint training programs aimed requirements of 49 CFR Part 26 in the award and administration
toward qualiTying more minorities and women for membership of DOT-assisted contracts.Failure by the contractor to carry out
in the unions and increasing the skills of minorities and women these requirements is a material breach of this contract,which
so that they may qualify for higher paying employment. may result in the termination of this contract or such other remedy
as the contracting agency deems appropriate.
b.The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union 11.Records and Reports:The contractor shall keep such records
will be contractually bound to refer applicants without regard to as necessary to document compliance with the EEO requirements.
their race,color,religion,sex,national origin,age ordisability. Such records shall be retained for a period of three years following
the date of the final payment to the contractor for alI contract work
c.The contractor is to obtain information as to the referral and shall be available at reasonable times and places for inspection
practices and policies of the labor union except that to the by authorized representatives of the contracting agency and the
extent such infortnation is within the exclusive possession of FHWA.
the labor union and such labor union refuses to furnish such
information to the contractor,the contractor shall so certify to a.The records kept by the contractor shall document the following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. 1)The number and work hours of minority and non-minority group
members and women employed in each work classification on
d. In the event the union is unable to provide the contractor with a the project;
reasonable flow of referrals within the time limit set forth in the
collective bargaining agreement,the contractor will,through (2)The progress and efforts being made in cooperation with
independent recruitment efforts,fill the employment vacancies unions,when applicable,to increase employmentopportunities
without regard to race,color,religion,sex,national origin,age for minorities and women;and
or disability;making full efforts to obtain qualified and/or
qualifiable minorities and women.The failure of a union to 3)The progress and efforts being made in locating,hiring,training,
provide suffcient referrals(even though it is obligated to qualifying,and upgrading minorities and women.
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b.The contractors and subcontractors will submit an annual report
requirements of this paragraph.In the event the union referral to the contracting agency each July for the duration of the
practice prevents the contractor from meeting the obligations project,indicating the number of minority,women,and non-
pursuant to Executive Order 11246,as amended,and these minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work.This information is
contracting agency.to be reported on Form FHWA-1391.The staffing data should
represent the project work force on board in all or any part of the
8. Reasonable Accommodation for Applicants/Employees last payroll period preceding the end of July.If on-the-job
with Disabilities:The contractor must be familiar with the training is being required by special provision,the contractor will
requirements for and comply with the Americans with Disabilities be required to collect and repoA training data.The employment
Act and all rules and regulations established there under. data should reflect the work force on board during all or any part
Employers must provide reasonable accommodation in all of the last payroll period preceding the end of July.
employment activities unless to do so would cause an undue
hardship. III.NONSEGREGATED FACILITIES
9.Selection of Subcontractors,Procurement of Materials and This provision is applicable to all Federal-aid construction contracts
Leasing of Equipment:The contractor shall not discriminate on and to all related construction subcontracts of$10,000 or more.
the grounds of race,color,religion,sex,national origin,age or
disability in the selection and retention of subcontractors,including The contractor must ensure that facilities provided for employees
procurement of materials and leases of equipment.The contractor are provided in such a manner that segregation on the basis of
shall take all necessary and reasonable steps to ensure race,color,religion,sex,or national origin cannot result.The
nondiscrimination in the administration of this contract.contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom.The
a.The contractor shall notify all potential subcontractors and contractor's obligation extends further to ensure that its employees
suppliers and lessors of their EEO obligations under thiscontract. are not assigned to perform their services at any location,under the
contractor's control,where the facilities are segregated.The term
b.The contractor will use good faith efforts to ensure subcontractor "facilities"includes waiting rooms,work areas,restaurants and
compliance with their EEO obligations. other eating areas,time clocks,restrooms,washrooms,locker
rooms,and other storage or dressing areas,parking lots,drinking
fountains,recreation or entertainment areas,transportation,and
housing provided for employees.The contractor shall provide
separate or single-user restrooms and necessary dressing or
sleeping areas to assure privacy between sexes.
Page 11 of24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
IV. DAVIS-BACON AND RELATED ACT PROVISIONS i)The work to be performed by the classifcation requested is not
performed by a classification in the wage determination;and
This section is applicable to all Federal-aid construction projects
exceeding$2,000 and to all related subcontracts and lower-tier (
ii)The classification is utilized in the area by the construction
subcontracts(regardless of subcontract size).The requirements
industry;andapplytoallprojectslocatedwithintheright-of-way of a roadway that
is functionally classified as Federal-aid highway.This excludes
roadways functionally classified as local roads or rural minor iii)The proposed wage rate,including any bona fide fringe benefits,
collectors,which are exempt.Contracting agencies may elect to bears a reasonable relationship to the wage rates contained in
apply these requirements to other projects. the wage determination.
The following provisions are from the U.S.Department of Labor (2)If the contractor and the laborers and mechanics to be
regulations in 29 CFR 5.5"Contract provisions and related matters" employed in the classification(if known),or their
with minor revisions to conform to the FHWA-1273 format and representatives,and the contracting officer agree on the
FHWA program requirements. classification and wage rate(including the amount designated
for fringe benefits where appropriate),a report of the action
1. Minimum wages
taken shall be sent by the contracting o cer to the Administrator
of the Wage and Hour Division,Employment Standards
Administration,U.S.Department of Labor,Washington,DC
a. All laborers and mechanics employed or working upon the site 20210.The Administrator,or an authorized representative,will
of the work,will be paid unconditionally and not less often than approve,modify,or disapprove every additional classification
once a week,and without subsequent deduction or rebate on any action within 30 days of receipt and so advise the contracting
account(except such payroll deductions as are permitted by officer or will notify the contracting officer within the 30-day
regulations issued by the Secretary of Labor under the Copeland period that additional time is necessary.
Act(29 CFR part 3)),the full amount of wages and bona fide fringe
benefits(or cash equivalents thereof)due at time of payment 3)In the event the contractor,the laborers or mechanics to be
computed at rates not less than those contained in the wage employed in the classification or their representatives,and the
determination of the Secretary of Labor which is attached hereto
contracting officer do not agree on the proposed classificationandmadeaparthereof,regardless of any contractuat relationship and wage rate(including the amount designated for fringewhichmaybeallegedtoexistbetweenthecontractorandsuch
laborers and mechanics.
benefts,where appropriate),the contracting officer shall refer
the questions,including the views of all interested parties and
the recommendation of the contracting officer,to the Wage and
Contributions made or costs reasonably anticipated for bona fide Hour Administrator for detertnination.The Wage and Hour
fringe benefits under section 1(b)(2)of the Davis-Bacon Act on Administrator,or an authorized representative,will issue a
behalf of laborers or mechanics are considered wages paid to such determination within 30 days of receipt and so advise the
laborers or mechanics,subject to the provisions of paragraph 1.d. contracting officer or will notify the contracting officer within the
of this section;also,regular contributions made or costs incurred for 30-day period that additional time is necessary.
more than a weekly period(but not less often than quarterly)under
plans,funds,or programs which cover the particular weekly period, (4)The wage rate(including fringe benefits where appropriate)
are deemed to be constructively made or incurred during such
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this
weekly period.Such laborers and mechanics shall be paid the
section,shall be paid to all workers perfortning work in the
appropriate wage rate and fringe benefts on the wage classification under this contract from the first day on which work
determination for the classifcation of work actually performed,
is perfortned in the classification.without regard to skill,except as provided i 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each c.Whenever the minimum wage rate prescribed in the contract for
classification for the time actually worked therein:Provided,That a class of laborers or mechanics includes a fringe benefit which
the employer's payroll records accurately set forth the time spent in is not expressed as an hourly rate,the contractor shall either
each classification in which work is performed.The wage pay the benefit as stated in the wage determination or shall pay
determination(including any additional classification and wage another bona fide fringe beneft or an hourly cash equivalent
rates conformed under paragraph 1.b.of this section)and the thereof.
Davis-Bacon poster(WH-1321)shall be posted at all times by the
contractor and its subcontractors at the site of the work in a
d.If the contractor does not make payments to a trustee or other
prominent and accessible place where it can be easily seen by the third person,the contractor may consider as part of the wages of
workers.any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
b. (1)The contracting officer shall require that any class of program,Provided,That the Secretary of Labor has found,upon the
laborers or mechanics,including helpers,which is not listed in the written request of the contractor,that the applicable standards of
wage determination and which is to be employed under the contract the Davis-Bacon Act have been met.The Secretary of Labor may
shall be classified in confortnance with the wage determination.The require the contractor to set aside in a separate account assets for
contracting officer shall approve an additional classification and the meeting of obligations under the plan or program.
wage rate and fringe benefits therefore only when the following
criteria have been met:
Page 12 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
2. Withholding
current address of each covered worker,and shall provide them
upon request to the contracting agency for transmission to theThecontractingagencyshalluponitsownactionoruponwrittenStateDOT,the FHWA or the Wage and Hour Division of the
request of an authorized representative of the Department of Labor, DepaAment of Labor for purposes of an investigation or audit ofwithholdorcausetobewithheldfromthecontractorunderthiscompliancewithprevailingwagerequirements.It is not a violationcontract,or any other Federal contract with the same prime of this section for a prime contractor to require a subcontractor to
contraclor,or any other federally-assisted contract subject to Davis-
provide addresses and social security numbers to the primeBaconprevailingwagerequirements,which is held by the same contractor for its own records,without weekly submission to the
prime contractor,so much of the accrued payments or advances as
conlracting agency.may be considered necessary to pay laborers and mechanics,
including apprentices,trainees,and helpers,employed by the
contractor or any subcontractor the full amount of wages required (2) Each payroli submitted shall be accompanied by a"Statement
by the contract.In the event of failure to pay any laborer or of Compliance,"signed by the contractor or subcontractor or his
mechanic,including any apprentice,trainee,or helper,employed or or her agent who pays or supervises the payment of the
working on the site of the work,all or part of the wages required by persons employed under the contract and shall certiTy the
the contract,the contracting agency may,after written notice to the following:
contractor,take such action as may be necessary to cause the
suspension of any further payment,advance,or guarantee of funds (
i)That the payroll for the payroll period contains the informationuntilsuchviolationshaveceased.
required to be provided under§5.5(a)(3)(ii)of Regulations,29
CFR part 5,the appropriate information is being maintained
3. Payrolls and basic records under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such
information is correct and complete;
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a (ii)That each laborer or mechanic(including each helper,
period of three years thereafter for all laborers and mechanics apprentice,and trainee)employed on the contract during the
working at the site of the work.Such records shall contain the payroll period has been paid the full weekly wages earned,
name,address,and social security number of each such worker, without rebate,either directly or indirectly,and that no
his or her correct classification,hourly rates of wages paid deductions have been made either directly or indirectly from the
including rates of contributions or costs anticipated for bona fide full wages earned,other than permissible deductions as set
fringe benefits or cash equivalents thereof of the types described in forth in Regulations,29 CFR part 3;
section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly
number of hours worked,deductions made and actual wages paid. (iii)That each laborer or mechanic has been paid not less than theWhenevertheSecretaryofLaborhasfoundunder29CFRapplicablewageratesandfringebenefitsorcashequivalents
5.5(a)(1)(iv)that the wages of any laborer or mechanic include the for the classification of work performed,as specified in theamountofanycostsreasonablyanticipatedinprovidingbenefitsapplicablewagedeterminationincorporatedintothecontract.
under a plan or program described in section 1(b)(2)(B)of the
Davis-Bacon Act,the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,that (3)The weekly submission of a properly executed certification set
the plan or program is financially responsible,and that the pian or torth on the reverse side of Optional Form W H-347 shall
program has been communicated in writing to the laborers or satisfy the requirement for submission of the"Statement of
mechanics affected,and records which show the costs anticipated Compliance"required by paragraph 3.b.(2)of this section.
or the actual cost incurced in providing such benefits.Contractors
employing apprentices or trainees under approved programs shall
4)The falsification of any of the above certifications may subjectmaintainwrittenevidenceoftheregistrationofapprenticeshiplhecontractororsubcontractortocivilorcriminalprosecution
programs and certification of trainee programs,the registration of
under section 1001 of title 18 and section 231 of title 31 of the
the apprentices and trainees,and the ratios and wage rates United States Code.
prescribed in the applicable programs.
b. (1)The contractor shall submit weekly for each week in which
c.The contractor or subcontractor shall make the records
required under paragraph 3.a.of this section available for
any contract work is performed a copy of all payrolls to the
inspection,copying,or transcription by authorized
contracting agency.The payrolls submitted shall set out accurately representatives of the contracting agency,the State DOT,theandcompletelyalloftheinformationrequiredtobemaintained
FHWA,or the Department of Labor,and shall pertnit such
under 29 CFR 5.5(a)(3)(i),except that full social security numbers
representatives to interview employees during working hoursandhomeaddressesshallnotbeincludedonweeklytransmittals.
on the job.If the contractor or subcontractor fails to submit theInsteadthepayrollsshallonlyneedtoincludeanindividuallyrequiredrecordsortomakethemavailable,the FHWA may,identifying number for each employee(e.g.,the last four digits of
after written notice to the contractor,the contracting agency ortheemployee's social security number).The required weekly payroll the State DOT,take such action as may be necessary toinfortnationmaybesubmittedinanyfortndesired.Optional Fortn
cause the suspension of any further payment,advance,orWH-347 is available for this purpose from the Wage and Hour
guarantee of funds.Furthermore,failure to submit the requiredDivisionWebsiteat
records upon request or to make such records available mayhttp://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
be grounds for debarment action pursuant to 29 CFR 5.12.
site.The prime contractor is responsible for the submission of
copies of payrolis by all subcontractors.Contractors and
subcontractors shall maintain the full social security number and
Page 13 of 24
March 202Q
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
4. Apprentices and trainees The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment
a.Apprentices(programs of the USDOL). and Training Administration.
Apprentices will be permitted to work at less than the predeterrnined Every trainee must be paid at not less than the rate specified in the
rate for the work they performed when they are employed pursuant
approved program for the trainee's level of progress,expressed as
to and individually registered in a bona fide apprenticeship program
a percentage of the journeyman hourly rate specified in the
registered with the U.S.Department of Labor,Employment and applicable wage detertnination.Trainees shall be paid fringe
Training Administration,Office of Apprenticeship Training,Employer benefits in accordance with the provisions of the trainee program.If
and Labor Services,or with a State Apprenticeship Agency
the trainee program does not mention fringe benefits,trainees shail
recognized by the Office,or if a person is employed in his or her be paid the full amount of fringe benefits listed on the wage
first 90 days of probationary employment as an apprentice in such
determination unless the Administrator of the Wage and Hour
an apprenticeship program,who is not individually registered in the Division determines that there is an apprenticeship program
program,but who has been certified by the Office of Apprenticeship associated with the corresponding joumeyman wage rate on the
Training,Employer and Labor Services or a State Apprenticeship `^
age determination which provides for less than full fringe benefits
A enc where a ro riate to be eli ible for robationa
for apprentices.Any employee listed on the payroll at a lrainee rate
9 Y( PP P 9 P ry who is not registered and participating in a training plan approvedemploymentasanapprentice.
by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for
The allowable ratio of apprentices to journeymen on the job site in the classification of work actually performed.In addition,any trainee
any crak classification shall not be greater than the ratio permitted performing work on the job site in excess of the ratio permitted
to the contractor as to the entire work force under the registered under the registered program shall be paid not less than the
program.Any worker listed on a payroll at an apprentice wage rate, applicable wage rate on the wage determination for the work
who is not registered or otherwise employed as stated above,shall actually perfortned.
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.In
In the event the Employment and Training Administration withdrawsaddition,any apprentice pertorming work on the job site in excess
approval of a training program,the contractor will no longer beoftheratiopermittedundertheregisteredprogramshallbepaidnotPermittedtoutilizetraineesatlessthantheapplicablelessthantheapplicablewagerateonthewagedeterminationfor
predetermined rate for the work performed until an acceptabletheworkactuallypertormed.Where a contractor is perfortning program is approved.
construction on a project in a locality other than that in which its
program is registered,the ratios and wage rates(expressed in
percentages of the journeyman's hourly rate)specified in the c.Equal employment opportunity.The utilization of apprentices,
contractor's or subcontractor's registered program shall be trainees and journeymen under this part shall be in conformiry
observed. with the equal employment opportunity requirements of Executive
Order 11246,as amended,and 29 CFR part 30.
Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, d.Apprentices and Trainees(programs of the U.S.DOT).
expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination.Apprentices shall be paid Apprentices and trainees working under apprenticeship and skillfringebenefitsinaccordancewiththeprovisionsofthe
training programs which have been certified by the Secretary of
apprenticeship program.If the apprenticeship program does not
Transportation as promoting EEO in connection with Federal-aidspecifyfringebenefits,apprentices must be paid the full amount of
highway construction programs are not subject to the requirementsfringebenefitslistedonthewagedeterminationfortheapplicable
of paragraph 4 of this Section IV.The straight time hourly wageclassification.If the Administrator determines that a different
rates for apprentices and trainees under such programs will be
practice prevails for the applicable apprentice classification,fringes
established by the particular programs.The ratio of apprentices andshallbepaidinaccordancewiththatdetermination.
trainees to journeymen shall not be greater than permitted by the
terms of the particular program.
In the event the O ce of Apprenticeship Training,Employer and
Labor Services,or a State Apprenticeship Agency recognized by 5.Compliance with Copeland Act requirements.The contractor
the Office,withdraws approval of an apprenticeship program,the
shall comply with the requirements of 29 CFR part 3,which arecontractorwillnolongerbepertnittedtoutilizeapprenticesatless
incorporated by reference in this contract.than the applicable predetertnined rate for the work performed until
an acceptable program is approved.
6.Subcontracts. The contractor or subcontractor shall insert
b.Trainees(programs of the USDOL). Form FHWA-1273 in any subcontracts and also require thesubcontractorstoincludeFormFHWA-1273 in any lower tier
subcontracts.The prime contractor shall be responsible for the
Except as provided in 29 CFR 5.16,trainees will not be permitted to compliance by any subcontractor or lower tier subcontractor with all
work at less than the predetertnined rate for the work performed the contract clauses in 29 CFR 5.5.
unless they are employed pursuant to and individually registered in
a program which has received prior approval,evidenced by formal
7,Contract termination:debarment.A breach of the contract
certifcation by the U.S.Department of Labor,Employment and
clauses in 29 CFR 5.5 may be grounds for termination of the
Training Administration. contract,and for debartnent as a contractor and a subcontractoras
provided in 29 CFR 5.12.
Page 14 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Laneua¢e
FHWA-1273--Revised May 1,2012
8.Compliance with Davis-Bacon and Related Act requirements. 3.Withholding for unpaid wages and liquidated damages.The
All rulings and interpretations of the Davis-Bacon and Related Acts FHWA or the contacting agency shall upon its own action or upon
contained in 29 CFR parts 1,3,and 5 are herein incorporated by written request of an authorized representative of the Department of
reference in this contract. Labor withhold or cause to be withheld,from any moneys payable
on account of work perfortned by the contractor or subcontractor
9.Disputes concerning labor standards.Disputes arising out of under any such contract or any other Federal contract with the
the labor standards provisions of this contract shall not be subject to same prime contractor,or any other federally-assisted contract
the general disputes clause of this contract.Such disputes shall be subject to the Contract Work Hours and Safety Standards Act,
resolved in accordance with the procedures of the Department of Which is held by the same prime contractor,such sums as may be
Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the determined to be necessary to satisfy any liabilities of such
meaning of this clause include disputes between the contractor(or
contractor or subcontractor for unpaid wages and liquidated
any of its subcontractors)and the contracting agency,the U.S.damages as provided in the clause set forth in paragraph(2.)of this
Department of Labor,or the employees or their representatives.
section.
70.Certification of eli ibili
4.Subcontracts.The contractor or subcontractor shall insert in
9 Ty' any subcontracts the clauses set forth in paragraph(1.)through(4.)
of this section and also a clause requiring the subcontractors to
a.By entering into this contract,the contractor certifies that neither it include these clauses in any lower tier subcontracts.The prime
nor he or she)nor any person or firm who has an interest in the contractor shall be responsible for compliance by any subcontractor
contractor's firm is a person or firm ineligible to be awarded or lower tier subcontractor with the clauses set forth in paragraphs
Government contracts by virtue of section 3(a)of the Davis- 1.)through(4.)of this section.
Bacon Act or 29 CFR 5.12(a)(1).
b.No part of this contract shall be subcontracted to any person or Vi.SUBLETTING OR ASSIGNING THE CONTRACT
firtn ineligible for award of a Govemment contract by virtue of
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
c.The penalty for making false statements is prescribed in theU.S. .The contractor shall perform with its own organization contract
Criminal Code,18 U.S.C. 1001.
work amounting to not less than 30 percent(or a greater
percentage if specified elsewhere in the contract)of the total
V.CONTRACT WORK HOURS AND SAFETY STANDARDS original contract price,excluding any specialty items designated
ACT by the contracting agency. Specialty items may be performed
by subcontract and the amount of any such specialty items
The following clauses apply to any Federal-aid construction contract
Pertormed may be deducted from the total original contract price
in an amount in excess of$100,000 and subject to the overtime
before computing the amount of work required to be performed
provisions of the Contract Work Hours and Safety Standards Act. by the contractor's own organization(23 CFR 635.116).
These clauses shall be inserted in addition to the clauses required a.The term"perForm work with its own organization"refers to
by 29 CFR 5.5(a)or 29 CFR 4.6.As used in this paragraph,the Workers employed or leased by the prime contractor,and
terms laborers and mechanics include watchmen and guards. equipment owned or rented by the prime contractor,with or
without operators.Such term does not include employees or
1.Overtime requirements.No contractor or subcontractor equipment of a subcontractor or lower tier subcontractor,
contracting for any part of the contract work which may require or agents of the prime contractor,or any other assignees.The
involve the employment of laborers or mechanics shall require or term may include payments for the costs of hiring leased
permit any such laborer or mechanic in any workweek in which he employees from an employee leasing firm meeting all relevant
or she is employed on such work to work in excess of forty hours in Federal and State regulatory requirements.Leased
such workweek unless such laborer or mechanic receives employees may only be included in this term if the prime
compensation at a rate not less than one and one-half times the contractor meets all of the following conditions:
basic rate of pay for all hours worked in excess of forty hours in
such workweek. 1)the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
2)the prime contractor remains responsible for the quality of the
2.Violation; liability for unpaid wages;liquidated damages.In Work of the leased employees;
the event of any violation of the clause set forth in paragraph(1.)of 3)the prime contractor retains all power to accept orexclude
this section,the contractor and any subcontractor responsible individual employees from work on the project;and
therefor shall be liable for the unpaid wages. In addition,such 4)the prime contractor remains ultimately responsible for the
contractor and subcontractor shall be liable to the United States(in payment of predetertnined minimum wages,the submission of
the case of work done under contract for the District of Columbia or payrolls,statements of compliance and all other Federal
a tercitory,to such District or to such territory),for liquidated
regulatory requirements.
damages.Such liquidated damages shall be computed with respect
to each individual laborer or mechanic,including watchmen and b."Specialty Items"shall be construed to be limited to work that
guards,employed in violation of the clause set forth inparagraph(1.)requires highly specialized knowledge,abilities,or equipment
of this section,in the sum of$10 for each calendar day on which not ordinarily available in the type of contracting organizations
such individual was required or permitted to work in excess of the qualified and expected to bid or propose on the contract as a
standard workweek of forty hours without payment of the overtime Whole and in general are to be limited to minor components of
wages required by the clause set forth in paragraph(1.)of this the overall contract.
section.
Page 15 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2.The contract amount upon which the requirements set forth in VIII.FALSE STATEMENTS CONCERNING HIGHWAY
paragraph(1)of Section VI is computed includes the cost of PROJECTS
material and manufactured products which are to be purchasedor
produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
3.The contractor shall furnish(a)a competent superintendent or
supervisor who is employed by the firm,has full authority todirect In order to assure high qualiry and durable construction in conformity
pertormance of the work in accordance with the contract with approved plans and specifications and a high degree of
requirements,and is in charge of all construction operations reliability on statements and representations made by engineers,
regardless of who performs the work)and(b)such other of its contractors,suppliers,and workers on Federal-aid highway projects,
own organizational resources(supervision,management,and it is essential that all persons concerned with the project perfortn
engineering services)as the contracting officer determines is their functions as carefully,thoroughly,and honestly as possible.
necessary to assure the performance of the contract. Willful falsification,distortion,or misrepresentation with respect to
any facts related to the project is a violation of Federal law.To
4.No portion of the contract shall be sublet,assigned orotherwise prevent any misunderstanding regarding the seriousness ofthese
disposed of except with the written consent of the contracting and similar acts,Form FHWA-1022 shall be posted on each
officer,or authorized representative,and such consent when Federal-aid highway project(23 CFR 635)in one or more places
given shall not be construed to relieve the contractor of any where it is readily available to all persons concerned with the project:
responsibility for the fulfillment of the contract.Written consent
will be given only after the contracting agency has assured that
each subcontract is evidenced in writing and that it contains all 18 U.S.C. 1020 reads as follows:
pertinent provisions and requirements of the prime contract.
Whoever,being an o cer,agent,or employee of the United
5.The 30%self-performance requirement of paragraph(1)is not States,or of any State or Territory,or whoever,whether a person,
applicable to design-build contracts;however,contracting
association,firm,or corporation,knowingly makes any false
agencies may establish their own self-performancerequirements.
statement,false representation,or false report as to the character,
quality,quantity,or cost of the material used or to be used,or the
quantity or quality of the work pertormed or to be pertormed,or the
VII.SAFETY:ACCIDENT PREVENTION cost thereof in connection with the submission of plans,maps,
specifications,contracts,or costs of construction on any highway or
This provision is applicable to all Federal-aid construction contracts related project submitted for approval to the Secretary of
and to all related subcontracts. Transportation;or
1.In the pertormance of this contract the contractor shall comply Whoever knowingly makes any false statement,false
with all applicable Federal,State,and local laws governing safety, representation,false report or false claim with respect to the
health,and sanitation(23 CFR 635).The contractor shall provide character,quality,quantity,or cost of any work perfortned or to be
all safeguards,safety devices and protective equipment and take performed,or materials furnished or to be furnished,in connection
any other needed actions as it determines,or as the contracting with the construction of any highway or related project approved by
officer may determine,to be reasonably necessary to protect the the Secretary of Transportation;or
life and health of employees on the job and the safety of thepublic
and to protect property in connection with the perfortnance of the Whoever knowingly makes any false statement or false
work covered by the contract. representation as to material fact in any statement,certificate,or
report submitted pursuant to provisions of the Federal-aid Roads Act
2.It is a condition of this contract,and shall be made a condition of approved July 1,1916,(39 Stat.355),as amended and
each subcontract,which the contractor enters into pursuant to this supplemented;
contract,that the contractor and any subcontractor shall not permit
any employee,in performance of the contract,to work in Shall be fined under this title or imprisoned not more than 5 years
surroundings or under conditions which are unsanitary,hazardous or both."
or dangerous to his/her health or safety,as determined under
X.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
construction safety and health standards(29 CFR 1926)
yyATER POLLUTION CONTROL ACTpromulgatedbytheSecretaryofLabor,in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act This provision is applicable to all Federal-aid construction contracts
40 U.S.C.3704). and to all related subcontracts.
3.Pursuant[0 29 CFR 1926.3,it is a condition of this contract that BY submission of this bid/proposal or the execution of this contract,
the Secretary of Labor or authorized representative thereof,shall or subcontract,as appropriate,the bidder,proposer,Federal-aid
have right of entry to any site of contract performance to inspector construction contractor,or subcontractor,as appropriate,will be
investigate the matter of compliance with the construction safety deemed to have stipulated as follows:
and health sta dards and to carry out the duties of the Secretary
under Section 107 of the Contract Work Hours and Safety 1.That any person who is or will be utilized in the
Standards Act(40 U.S.C.3704). performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act or
Section 306 of the Clean Air Act.
2.That the contractor agrees to include or cause to be
included the requirements of paragraph(1)of this Section X in every
subcontract,and further agrees to take such actio as the
contracting agency may direct as a means of enforcing such
requirements.
Page l6 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
transaction,without modification,in all lower tier covered
INELIGIBILITY AND VOLUNTARY EXCLUSION
transactions and in all solicitations for lower tier covered
transactions exceeding the$25,000 threshold.
This provision is applicable to all Federal-aid construction contracts, h.A participant in a covered transaction may rely upon a certification
design-build contracts,subcontracts,lower-tier subcontracts, of a prospective participant in a lower tier covered transaction that
purchase orders,lease agreements,consultant contracts or any is not debarred,suspended,ineligible,or voluntarily excluded from
other covered transaction requiring FHWA approval or that is the covered transaction,unless it knows that the certification is
estimated to cost$25,000 or more—as defined in 2 CFR Parts 180 erroneous.A participant is responsible for ensuring that its
and 1200. principals are not suspended,debarred,or otherwise ineligible to
participate in covered transactions.To verify the eligibility of its
1.Instructions for Certification—First Tier Participants:principals,as well as the eligibility of any lower tier prospective
participants,each participant may,but is not required to,checkthe
a.By signing and submitting this proposal,the prospective first tier Excluded Parties List System website(https://www.epls.qov/),
participant is providing the certification set out below. which is compiled by the General Services Administration.
b.The inability of a person to provide the certification set out below i.Nothing contained in the foregoing shall be construed to require
will not necessarily result in denial of participation in this covered the establishment of a system of records in order to render in good
transaction.The prospective f rst tier participant shall submit an faith the certification required by this clause.The knowledge and
explanation of why it cannot provide the certification set outbelow. infortnation of the prospective participant is not required to exceed
The certification or explanation will be considered in connection that which is normally possessed by a prudent person in the
with the department or agency's detertnination whether to enter ordinary course of business dealings.
into this transaction.However,failure of the prospective first tier
participant to furnish a certification or an explanation shall 1 Except for transactions authorized under paragraph(f)of these
disqualify such a person from participation in this transaction. instructions,if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
c.The certification in this clause is a material representation of fact suspended,debarred,ineligible,or voluntarily excluded from
upon which reliance was placed when the contracting agency participation in this transaction,in addition to other remedies
determined to enter into this transaction.If it is later detertnined available to the Federal Government,the department or agency
that the prospective participant knowingly rendered an erroneous may terminate this transaction for cause ordefault.
certification,in addition to other remedies available to the Federal ••
Govemment,the contracting agency may tertninate this
transaction for cause of default. y, Certification Regarding Debarment,Suspension,lneligibility
and Voluntary Exclusion—First Tier Participants:
d.The prospective first tier participant shall provide immediatewritten
notice to the contracting agency to whom this proposal is a.The prospective first tier participant certifies to the best ofits
submitted if any time the prospective first tier participant learns that knowledge and belief,that it and its principals:
its certification was erroneous when submitted or has become
erconeous by reason of changed circumstances. (t)Are not presently debarred,suspended,proposed for
debarment,declared ineligible,or voluntarily excluded from
e.The terms"covered transaction,""debarred,""suspended,"participating in covered transactions by any Federal department
ineligible,""participant,""person,""principal,"and"voluntarily or agency;
excluded,"as used in this clause,are defined in 2 CFR Parts 180
and 1200."First Tier Covered Transactions"refers to any covered (2)Have not within a[hree-year period preceding this proposal
transaction between a grantee or subgrantee of Federal funds and been convicted of or had a civil judgment rendered againstthem
a participant(such as the prime or general contract)."Lower Tier for commission of fraud or a criminat offense in connection with
Covered Transactions"refers to any covered transaction under a obtaining,attempting to obtain,or performing a public(Federal,
First Tier Covered Transaction(such as subcontracts)."First Tier State or local)transaction or contract under a public transaction;
Participant'refers to the participant who has entered into a violation of Federal or State antitrust statutes or commission of
covered transaction with a grantee or subgrantee of Federal funds embezzlement,theft,forgery,bribery,falsification or destruction
such as the prime or general contractor)."Lower Tier ParticipanY'of records,making false statements,or receiving stolen
refers any participant who has entered into a covered transaction property;
with a First Tier Participant or other Lower Tier Participants(such
as subcontractors and suppliers). (3)Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity(Federal,State or local)with
f. The prospective first tier participant agrees by submitting this commission of any of the offenses enumerated in paragraph
proposal that,should the proposed covered transaction be entered a)(2)of this certification;and
into,it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred,suspended,declared (4)Have not within a three-year period preceding this
ineligible,or voluntarily excluded from participation in this covered applicatioNproposal had one or more publictransactions
transaction,unless authorized by the department or agency Federal,State or local)tertninated for cause ordefault.
entering into this transaction.
b.Where the prospective participant is unable to certify to any of
g.The prospective first tier paAicipant further agrees by submitting the statements in this certification,such prospective participant
this proposal that it will include the clause titled"Certification shall attach an expianation to this proposal.
Regarding Debarment,Suspension,Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions,"provided by the
department or contracting agency,entering into this covered
Page 17 of 24
March 2020
Local Assistance Pracedures Manual Ezhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273--Revised May 1,2012
h.Nothing contained in the foregoing shall be construed to require
2.Instructions for Certification-Lower Tier Participants: establishment of a system of records in order to render in good
faith the certification required by this clause.The knowledge and
Applicable to all subcontracts,purchase orders and other lower tier normally possessed by a prudent person in the ordinary course of
transactions requiring prior FHWA approval or estimated to cost business dealings.
25,000 or more-2 CFR Parts 180 and 1200)
i.Except for transactions authorized under paragraph e of these
a.By signing and submitting this proposal,the prospective lowertier instructions,if a participant in a covered transaction knowingiy
is providing the certification set out below. enters into a lower tier covered transaction with a person who is
suspended,debarred,ineligible,or voluntarily excluded from
b.The certification in this clause is a material representation of fact participation in this transaction,in addition to other remedies
upon which reliance was placed when this transaction was available to the Federal Government,the department or agency
entered into.If it is later determined that the prospective lower tier th which this transaction originated may pursue available
participant knowingly rendered an erroneous certification,in remedies,including suspension and/or debarment.
addition to other remedies available to the Federal Government,
the department,or agency with which this transaction originated
may pursue available remedies,including suspension and/or Certification Regarding Debarment,Suspension,Ineligibility
debarment. and Voluntary Exclusion--Lower Tier Participants:
c.The prospective lower tier participant shall provide immediate 1.The prospective lower tier participant certifies,by submission of
written notice to the person to which this proposal is submitted if this proposal,that neither it nor its principals is presently
at any time the prospective lower tier participant leams that its debarred,suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participating in covered
ceAificalion was erroneous by reason of changed circumstances.
transactions by any Federal department or agency.
d.The terms"covered transaction,""debarred,""suspended,"
2,Where the prospective lower tier participant is unable to certify toineligible,""participant,""person,"'principal,"and"voluntarily any of the statements in this certification,such prospectiveexcluded,"as used in this clause,are defined in 2 CFR Parts 180
participant shall attach an explanation to this proposal.
and 1200.You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
First Tier Covered Transactions"refers to any covered
transaction between a grantee or subgrantee of Federal funds XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS
and a participant(such as the prime or general contract)."Lower FOR LOBBYING
Tier Covered Transactions"refers to any covered transaction This provision is applicable to all Federal-aid construction contracts
under a First Tier Covered Transaction(such as subcontracts). and to all related subcontracts which exceed$100,000(49 CFR
First Tier Participant"refers to the participant who has entered 20)
into a covered transaction with a grantee or subgrantee of
Federal funds(such as the prime or general contractor)."Lower .The prospective participant certifies,by signing andsubmitting
Tier Participant"refers any participant who has entered into a this bid or proposal,to the best of his or her knowledge and
covered transaction with a First Tier Participant or other Lower belief,that:
Tier Participants(such as subcontractors and suppliers).
a.No Federal appropriated funds have been paid or will be paid,
e.The prospective lower tier participant agrees by submitting this by or on behalf of the undersigned,to any person for influencing
proposal that,should the proposed covered transaction be or attempting to influence an officer or employee of any Federal
entered into,it shall not knowingly enter into any lower tier agency,a Member of Congress,an officer or employee of
covered transaction with a person who is debarred,suspended, Congress,or an employee of a Member of Congress in
declared ineligible,or voluntarily excluded from participation in connection with the awarding of any Federal contract,the
this covered transaction,unless authorized by the department or making of any Federal grant,the making of a y Federal loan,
agency with which this transaction originated. the entering into of any cooperative agreement,and the
extension,continuation,renewal,amendment,or modification of
f.The prospective lower tier participant further agrees by submitting any Federal contract,grant,loan,or cooperative agreement.
this proposal that it will include this clause titled"Certification b.lf any funds other than Federal appropriated funds have been
Regarding Debarment,Suspension, Ineligibility and Voluntary paid or will be paid to any person for influencing or attempting to
Exclusion-Lower Tier Covered Transaction,"without modification,influence an officer or employee of any Federal agency,a
in all lower tier covered transactions and in all solicitations for Member of Congress,an officer or empioyee of Congress,or an
lower tier covered transactions exceeding the$25,OOOthreshold.employee of a Member of Congress in connection with this
Federal contract,grant,loan,or cooperative agreement,the
g.A paAicipant in a covered transaction may rely upon a undersig ed shall complete and submit Standard Form-LLL,
certification of a prospective participant in a lower tier covered Disclosure Form to Report Lobbying,"in accordance with its
transaction that is not debarred,suspended,ineligible,or instructions.
voluntarily excluded from the covered transaction,unless it knows
that the certifcation is erroneous.A participant is responsible for
ensuring that its principals are not suspended,debarred,or
otherwise ineligible to participate in covered transactions.To
verify the eligibility of its principals,as well as the eligibility of any
lower tier prospective participants,each participant may,but is
not required to,check the Excluded Parties List System website
htlps://w,vw.epls.qov/),which is compiled by the General
Services Administration.
Page 18 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
2.This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into.Submission of this certifcation is a prerequisite for making
or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shail be
subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its bid or
proposal that the participant shalf require that the language of
this certification be included in all lower tier subcontracts,which
exceed information of participant is not required to exceed that
which is$100,000 and that all such recipients shall certify and
disclose accordingly.
Page 19 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination,"of"Required Contract Provisions Federal-Aid Construction
Contracts,"the following are for female and minority utilization goals for Federal-aid construction contracts
and subcontracts that exceed$10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic
Goal
Area
Percent)
Redding CA:
174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: 6 8
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
28'9
CA Monterey
7360 San Francisco-Oakland
25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA 9 6
176 CA Santa Clara, CA7485SantaCruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa g.
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 7,
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento,CA:
SMSA Counties:
6920 Sacramento, CA 16.1
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA EI Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA
Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 9•$
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
Page 20 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA
2$'3
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
21.5
180 CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
19.0
CA Riverside; CA San Bernardino 19
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
7320 San Diego, CA 16.9
18 CA San Diego
Non-SMSA Counties 18•2
CA Imperial
For the last full week July during which work is pertormed under the contract, you and each non
material-supplier subcontractor with a subcontract of$10,000 or more must complete Form FHWA PR-
1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
During the performance of this Agreement,the contractor,for itself, its assignees and
successors in interest(hereinafter collectively referred to as CONTRACTOR)agrees as follows:
1) Compliance with Requlations: CONTRACTOR shal comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation,Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS),which are herein incorporated by reference and made a part of
this agreement.
2) Nondiscrimination: CONTRACTOR,with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race,color, sex, national origin, religion,
age, or disability in the selection and retention of sub-applicants, including procurements of
materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the agreement covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Sub-aqreements, Includinq Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be
performed under a Sub-agreement, including procurements of materials or leases of equipment,
each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S
obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin.
Page 2l of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
4) Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto,and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the California
Department of Transportation or FHWA to be pertinent to ascertain compliance with such
Regulations or directives.Where any information required of CONTRACTOR is in the exclusive
possession of another who fails or refuses to furnish this information, CONTRACTOR shall so
certify to the California Department of Transportation or the FHWA as appropriate, and shall set
forth what efforts CONTRACTOR has made to obtain the information.
5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
nondiscrimination provisions of this agreement,the California Department of Transportation shall
impose such agreement sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of
time, not to exceed 90 days; and/or
b) cancellation, termination or suspension of the Agreement, in whole or in part.
6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs(1)through (6)
in every sub-agreement, including procurements of materials and leases of equipment, unless exempt
by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the
California Department of Transportation or FHWA may direct as a means of enforcing such provisions
including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes
involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction,
CONTRACTOR may request the California Department of Transportation enter into such litigation to
protect the interests of the State, and, in addition, CONTRACTOR may request the United States to
enter into such litigation to protect the interests of the United States.
14. USE OF UNITED STATES-FLAG VESSELS(CARGO PREFERENCE ACT)
The CONTRACTOR agrees-
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract,to the extent
such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United
State or within 30 working days following the date of loading for shipments originating outside the
United States,a legible copy of a rated"on-board"commercial ocean bill-of-lading in English for
each shipment of cargo described in paragraph (1)of this section to both the Contracting Officer
through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of
National Cargo, Office of Market Development, Maritime Administration,Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
contract.
Federal Trainee Program Special
Provisions(to be used when
applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program,the number of trainees orapprentices is 0 .
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full
journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part,determine how many trainees or apprentices are to be trained by the
subcontractor. Include these training requirements in your subcontract.
Page 22 of 24
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of
apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your
needs and the availability of journeymen in the various classifications within a reasonable recruitment
area.
Before starting work, submit to the City/County of
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City/County's of approval for this submitted information before you start work.The
City/County of credits you for each apprentice or trainee you employ on the work who
is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen
status. Make every effort to enroll minority and women apprentices or trainees, such as conducting
systematic and direct recruitment through public and private sources likely to yield minority and women
apprentices or trainees,to the extent they are available within a reasonable recruitment area. Show that
you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to
journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of
Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman
status or has been employed as a journeyman. Your records must show the employee's answers to the
questions.
In your training program, establish the minimum length and training type for each classification. The City/County
of and FHWA approves a program if one of the following is met:
1. It is calculated to:
Meet the your equal employment opportunity responsibilities
Qualify the average apprentice or trainee for journeyman status in the classification
involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training,
and it is administered in a way consistent with the equal employment responsibilities of
Federal-aid highway construction contracts
Obtain the State's approval for your training program before you start work involving the classification
covered by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions.Training is
allowed in lower level management positions such as office engineers, estimators,and timekeepers if
the training is oriented toward construction applications.Training is allowed in the laborer classification if
significant and meaningful training is provided and approved by the division o ce. Off-site training is
allowed if the training is an integral part of an approved training program and does not make up a
significant part of the overall training.
Page 23 of 24
March 2020
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
The CitylCounty of reimburses you 80 cents per hour of training given an employee on this
contract under an approved training program:
l. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project
and you do at least one of the following:
Contribute to the cost of the training
Provide the instruction to the apprentice or trainee
Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the
apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or
trainee's work classification or until the apprentice or trainee has completed the
training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
Page 24 of 24
March 2020